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To: Eric Wells who wrote (86016)12/2/1999 6:06:00 PM
From: Glenn D. Rudolph  Respond to of 164684
 
Judge grants injunction against barnesandnoble.com
NEW YORK, Dec 2 (Reuters) - Online retailer
barnesandnoble.com Inc. <BNBN.O> said on Thursday a judge had
blocked the company from using the online shopping "one-click
technology," which rival Amazon.com Inc. <AMZN.O> claims
infringes one of its patents.
Amazon.com, the biggest online retailer, sued
barnesandnoble.com in November, alleging that it had
"meticulously copied" Amazon.com's proprietary "1-Click"
express checkout system. Amazon said it was granted a U.S.
patent on the system in September.
"Although we are disappointed with the judge's preliminary
injunction, we believe our position regarding our order process
technology will be upheld upon appeal," barnesandnoble.com said
in a statement.
It also said it would speed up the launch of its Express
Checkout service, which will replace the disputed Express Lane
service using the one-click technology. It said the new service
would be in place within the next several days. The new service
was previously scheduled to be launched after the holidays.
Barnesandnoble.com said it would continue to fight the
Amazon.com lawsuit and that its online business would not be
affected.
In its suit, filed in federal court in Seattle, Amazon.com
seeks damages equivalent to a "reasonable royalty" for its
invention, tripled, plus legal expenses.
Barnesandnoble.com, which sells books. music, magazines and
software, is a venture of Barnes & Noble Inc. <BKS.N> and the
German media company Bertelsmann AG <BTGGga.D>, each of which
owns a 40 percent stake. The other 20 percent is publicly held.
Shares of barnesandnoble.com closed at 19-3/8 on Wednesday
on the Nasdaq stock market, while Amazon.com finished at 85.

REUTERS
Rtr 09:44 12-02-99



To: Eric Wells who wrote (86016)12/2/1999 6:11:00 PM
From: Randy Ellingson  Respond to of 164684
 
Eric-

Randy - I don't know what industry you are in - but I've been working in the software industry since the mid-80's. And the "idea" that you can "click-once" using a mouse to initiate a process for which information has been previously gathered - well, there's nothing innovative about it at all. Amazon may or may not have been the first company to apply the concept to an e-commerce transaction - but even if they were the first, I don't believe they deserve a patent.

You asked if it was innovative. By sheer definition (if they were the first to provide One-Click purchasing), it is innovative. Whether or not it's patentable is beyond me. So far it is, and I don't think it's worth worrying about one way or the other. Travesty of justice or not, I doubt it will hold up. But you and I don't even know which aspect of the technology and process is patented, do we? Afterall, one has to ultimately click once to finally submit an order.

Using the mouse to click on something and have some information processed is one thing. Putting in place the proper security settings to accomplish a credit card transaction with a single click from the product listing is really just a great example of what you describe above as "using a mouse to initiate a process for which information has been previously gathered". But that doesn't mean it didn't require some new tricks. Perhaps Amazon.com has some legal arguments that escape us, and perhaps they are convincing.

I don't know if it's as cut and dried as you propose. I agree, however, that patent law must consist of a very complex set of guidelines.

Randy