Tuesday, November 26, 2013

Drugstore.com, SFA End Patent Dispute over Sales Methods

Case Filed: Nov 23, 2011

Case Closed: Nov 15, 2013

Case Duration: 723 Days

Court: Texas Eastern District Court

Judge: Leonard Davis

Case Summary:
SFA Systems filed suit against Drugstore.com, an online retailer of health, beauty, vision and pharmacy products over sales methods. The patents involved in this suit are:
·        US6067525 entitled ‘Integrated computerized sales force automation system’ issued on May 23, 2000
·        US7941341 entitled ‘Sales force automation system and method’ issued on May 10, 2011

Both the patents expire[i] on Oct 30, 2015 and both the patents are currently assigned[ii] to SFA (source: MaxVal’s Assignment Database). The ‘525 and ‘341 patents are directed to an automated sales system that facilitates the sale of an item or service by integrating into a single system tools used by a salesperson in the sales process. 

Plaintiff alleged that defendant infringed the patents by implementing computer sales systems and methods for facilitating processes relating to the sale and provision of products and services on its website www.drugstore.com. The complaint cites “We Recommend” and “Product Spotlight” recommendation features as infringing products/services.

The parties filed joint motion for dismissal of all claims and counterclaims asserted in the case. Upon consideration, the Court ordered all claims against Drugstore.com dismissed with prejudice in light of the parties’ resolution of the dispute. Defendant’s counterclaims were dismissed without prejudice subject to the terms signed on Nov 5, 2013. Furthers details of the terms were not disclosed. Attorneys’ fees and costs are to be incurred by the parties themselves.

See 6:11-cv-00635 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

* Expected expiration date using Patent Term Estimator, use our free tool or download our free Android app on Google Play Store.

[i] 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.
[ii] 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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