Apple, Starbucks Sued Over Music Gift Cards 151
Trintech writes "A Utah couple acting as their own attorneys have filed a lawsuit against Apple and Starbucks over the retailers' recent Song of the Day promotion, which offers Starbucks customers an iTunes gift card for a complimentary, pre-selected song download. In a seven-page formal complaint, James and Marguerite Driessen of Lindon, Utah say they developed in 2000, and were granted a patent in February 2006 for, an Internet merchandising utility dubbed RPOS (retail point of sale). The concept, which forms the heart of the infringement lawsuit, would allow gift cards for pre-defined items that can be sold at a brick-and-mortar store but used online; customers could redeem a card for a dining room set or a DVD, for example."
Internet starter kits (Score:5, Informative)
And what about AOL CD's. You might have been given it with a magazine. Sounds pretty obvious to me.
US Patent 7003500 (Score:5, Informative)
http://www.google.com/patents?id=HY54AAAAEBAJ&dq=7003500 [google.com]
MMORPGs (Score:3, Informative)
Well technically, it isn't exactly media or merchandise that the MMORPGs were selling (as claimed by the patent), but in terms of prior art, uniqueness and obviousness, the patent shouldn't be valid. Heck, USPTO should employ teens as patent examiners.
tags (Score:2, Informative)
Re:Its a new invention because its online (Score:3, Informative)
XBL subscription and point cards aren't sold at the "point of sale"
It probably won't stand... (Score:5, Informative)
It's been a while since I had to deal with patent law but what I remember is this.
You just have to be different; even in the smallest way. Get past one of the primary claims, not the dependent ones as they don't count, and the patent doesn't hold.
Also, if this were to hold or if it doesn't and/or the previous product infringes, it shouldn't matter if company XYZ simply pulled a product from the shelves that was infringing.
They really should consult an attorney in patent law. If they are one then well you know what they say about representing yourself.