TC's Inside IP Quarterly Newsletter - June 2010.

Extract


TC's Inside IP Quarterly Newsletter - June 2010.

THE RETURN OF AMAZON'S ONE-CLICK PATENT

By Benjamin L. Volk

The United States Patent and Trademark Office (USPTO) recently concluded its high-profile re-examination of Amazon.com's "One-Click" patent, ruling that the patent will be re-issued. This much-awaited decision reveals as much about the important distinctions between Ex Parte Re-Examination and Inter Partes Re-Examination as it does about the Amazon patent.

The Amazon One-Click patent (U.S. Pat. No. 5,960,411), which generally addressed technology for expediting an online shopping experience via "one-click" purchasing, became famous in 1999 when Amazon sued Barnesandnoble.com for infringing this patent. Illustrating the advantages that patent rights can give patent owners, Amazon successfully moved the United States District Court for the Western District of Washington for a preliminary injunction that barred Barnesandnoble.com from using the single-action ordering technology on its website. This preliminary injunction took effect on December 4, 1999, just in time for th...

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