Monday, July 15, 2013

Court Dismisses Case against Amazon over Online Bookstore

Case Filed: Mar 07, 2011

Case closed: Jul 09, 2013

Judge: Marsha J. Pechman

Court: Washington Western District Court

Case Summary:
A patent infringement case was filed by Olympic Development against several major technology companies including, Amazon, Microsoft and Valve Corporation, claiming that their patents were infringed. The patents involved in the case were:

  •  US5475585 entitled “Transactional Processing System” issued on Dec 12, 1995 and expired* by Dec 12, 2012
  •  US6246400 entitled “Device for Controlling Remote Interactive Receiver” issued on Jun 12, 2001 and expired* by Oct 01, 2010

The patents were last assigned± to Tugaloo Lavonia GmBH (source: MaxVal’s Assignment Database) and exclusive licensee of the patents is Olympic Development. 

The complaint stated that the defendants infringed the ‘585 and ‘400 patents by making use of services/methods that sell products online in a manner claimed in the patents-in-suit. The accused products/services were, Amazon Kindle and Kindle Store, Apple's iTunes and App Stores via an iPad or iPhone, Barnes and Noble Nook and Nook Store, Directv set top box and Directv Cinema and Directv Pay-per-view services, Microsoft Xbox 360 and Microsoft Xbox Live Marketplace, Nintendo Wii and Nintendo Wii Shop, Sony Playstation 3 and Sony Playstation Store, Sony Reader and Reader Store and Valve website and Valve software. Plaintiff sought injunctive relief and monetary damages.

Initially the case was also filed against Apple, Sony, Nintendo of America, Barnes and Noble and DirecTV, however, the case was transferred / consolidated. 

In 2011, Valve Corp was dismissed, followed by Microsoft in early 2013 and the case proceeded with Amazon as sole defendant. It appears that the parties have settled the case and filed a stipulated motion, considering which the Court ordered all the claims to be dismissed with prejudice and counterclaims to be dismissed without prejudice. Charges were not imposed on any parties.

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* Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

± MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

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