Monday, April 28, 2014

Symantec, eDekka Settle IP Suit over Shopping Cart Functionality

Case Filed: Nov 20, 2013

Case Closed: Apr 22, 2014

Court: Texas Eastern District Court

Judge: Rodney Gilstrap

Case Summary:
Plano, Texas-based non-practicing entity, eDekka filed a patent infringement suit accusing Symantec of violating patent rights. The suit concerned the company’s website's use of "shopping cart" functionality which eDekka claims as their technology. The patent involved in the suit is: US6266674 entitled ‘Random access information retrieval utilizing user-defined labels,’ originally assigned to inventor Donald J Hejna Jr. on Jul 24, 2001 and expiring[i] by Jul 24, 2018.

The ‘674 patent is currently assigned[ii] to eDekka (source: MaxVal’s Assignment Database). According to the complaint, the ‘674 patent has been forward-cited as prior art in connection with the examination of several subsequently-issued U.S. patents, including patents originally assigned to such prominent technology companies as Verizon Patent And Licensing Inc., Bellsouth Intellectual Property Corp., and Agilent Technologies, Inc.

The patented technology relates to a method of storing information wherein a user defines labels which relate to the stored information and the user defines a data structure.

eDekka alleged that Symantec has infringed the ‘674 patent by actions including making and/or using one or more websites with “shopping cart” functionality in their website as well as associated sub-sites, web pages and functionality within that website. eDekka claimed monetary damages and enjoinment of defendant’s infringing activities as it caused irreparable harm.

The Court considered the agreed motion for dismissal of all claims between eDekka and Symantec, thereby ordering all claims dismissed with prejudice, with each party to bear its own costs, expenses and attorneys’ fees.

See 2:13-cv-00984 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[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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