Friday, October 26, 2007

Amazon's Infamous "One Click" Patent Under Reexaminaion


This may be old news to some of you, but Amazon's infamous "one-click" patent is currently under reexamination by the USPTO in response to a third party request made by an individual in New Zealand, Peter Calveley. Mr. Calveley has no business interest in the outcome of the reexam, he is just a concerned online shopper, who apparently believes Amazon's patent should not have been awarded. Apparently Calveley raised money for the Reexamination request ($2,520) through his blog and he has received a lot of publicity and praise for his efforts to invalidate a patent that represents for some, everything that is wrong with U.S. Patent law. You may remember that this patent was litigated right here in the Western District of Washington. Judge Pechman had initially granted Amazon's request for a preliminary injunction and this decision was reversed by the Federal Circuit in view of "substantial questions as to the validity" of the patent.
How will this patent fare in a post-KSR obviousness world. As it turns out, not so well. Many broad claims are currently under rejection according to Mr. Calveley.


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