Troll Patents Lists In Databases, Sues Everyone

I Don't Believe in Imaginary Property writes "A Florida patent troll called Channel Intelligence is suing everyone from Lemonade to Remember the Milk for infringing on patent 6,917,941, which covers storing a wishlist in a database. Amazon and eBay are absent from the list of targets, even though they very likely store users' wishlists in a database. With any luck, perhaps one of the defendants will get to use that precedent PJ found the other day from In re Lintner, which said, '[c]laims which are broad enough to read on obvious subject matter are unpatentable even though they also read on non-obvious subject matter.'"

And Slashdot can fix it:

[snl2587]

Ok, guys: the critical date is December 28, 2001.

First person to post prior art gets a big pat on the back!

Re:Obviously

[Fulcrum of Evil]

Or that they can make some precedent to go after the big fish with. If I were bezos' legal counsel, I might suggest funding the defense of one of these guys.

Re:Grr.

[Anonymous Coward]

Have fun! [tinyurl.com]

Re:And Slashdot can fix it:

[Anonymous Coward]

IIRC, Amazon's wishlist thing has been around longer.

Re:And Slashdot can fix it:

[geogob]

Their claim goes much further than wish lists. At first look at the patent, they claim a very basic method of storing multiple lists (any kind of list) of multiple items.

Probably any database configured prior to 2001 could be given as an example of prior art. Even their claims regarding the structures used, the link between objects and identifiers is nothing new (although not clearly obvious). To me it looks like the natural way any one would build such a database using basic structures.

November 1999

[edalytical]

November 1999

-- Amazon.com launches its Wishlist service. Countless customers get presents they actually want for the holidays.

http://phx.corporate-ir.net/phoenix.zhtml?c=176060&p=irol-newsArticle&ID=502658&highlight=wishlist [corporate-ir.net]

Re:Obviously

[Tuoqui]

Besides I'm pretty sure that there is prior art of this...

Say a paper with hand written flat file database (aka. A list) for your grocery list on it from 20+ years ago?

Re:Obviously

[Anonymous Coward]

Interestingly enough, that US patent (5,987,808) is for a fisherman's stringer. Which is ironically about as humorous as the above fictional example.

Re:Quoting PJ.

[nomadic]

According to 28 USC s 1400(b) patent infringement cases can only be brought in districts where the defendant resides, or where infringement took place and where the defendant has a place of business. You can get around that to some extent through a class action, though that has its own drawbacks for a plaintiff. In this case it's not a class action so they've had to bring suit in Delaware, the state of incorporation. I honestly don't think they had any choice in the matter unless they were going to try for class certification (which I'm not sure would even work), or if they were going to file multiple actions across the country.

Re:Obviously

[Khisanth Magus]

Unless you plan on your business dying in the next 5 years, half a million now would be cheaper in the long run.

$100,000/year x 5 years = $500,000 = $1 million/2
$100,000/year x 6 years > $500,000

And Nintendo is the latest victim

[New_Age_Reform_Act]

The just lost a bid to overturn a $21 million patent-infringement verdict. They might face a ban on all Wii console sales.

http://www.bloomberg.com/apps/news?pid=20601127&sid=aZmETSiEwaKE&refer=law [bloomberg.com]

gets paid either way/grant rate has dropped

[ProfBooty]

During prosecution, the PTO gets paid for just about anything the applicant files. That being said, after a patent is granted there are renewal fees.

You would think that examiners would simply allow allow allow, but that hasn't been the case in a while. The patent grant rate has actually dropped in the past few years.

http://www.patentlyo.com/patent/PatentlyO2006059.jpg [patentlyo.com]

This is inpart due to greater focus on quality, and that allowance of an application is now reviewed multiple times even for primary examiners. In the same time period the backlog has grown as the result of a hiring freeze a couple years ago and fairly high attrition, and perhaps as part of a lower allowance rate.

Dear Unmarried Nerds (Most of you)

[Meawoppl]

How about this clever database scheme: http://en.wikipedia.org/wiki/Bridal_registry [wikipedia.org] 1993 With link to relevant patent none the less.

Re:Obviously

[Fulcrum of Evil]

Amazon does more than patent something stupid like oneclick (and yes, I worked there for a few years). They sell lots of books, dvds, and random crap like the badonkadonk for decent prices.