A US federal appeals court has lifted an injunction against Barnes
& Noble.com imposed by a lower court in December 1999 for
alleged infringement by the online book seller of the so-called
1-Click patent owned by rival Amazon.com for shopping technology in
its web site.
The injunction is now lifted pending the outcome of a trial
which is scheduled to begin in Seattle on 10th September this
year.
The 1-Click patent has caused much controversy. It protects a
business method dating back to 1997 which allows visitors to a web
site make a purchase in the minimum number of mouse clicks by
storing a customer’s billing and delivery details. Critics suggest
that such a method is so obvious that it does not deserve patent
protection.
The case is being closely followed by many businesses wanting to
know how the US courts will interpret internet-related patents.
Following yesterday’s unanimous decision by the court, Barnes
& Noble.com said in a statement:
“We are pleased with the ruling today, and
gratified by the court's statement that Barnes & Noble.com
“raised substantial questions as to the validity” of the one-click
patent. We believe the ruling validates our position that the
allegations brought against us by Amazon.com are completely without
merit and we will continue to vigorously defend our position when
the case is returned to the trial court.
“We have said throughout this case that we
do not intend to sit back and allow Amazon.com to stake a claim
upon any technology that is widely used. Allowing them to do so
abridges our rights as a leader in e-commerce, but more important
limits the choices of customers. We consider the customer, not the
retailer, to be at the heart of e-commerce.”
Amazon.com responded by observing that court made clear that its
decision "in no way resolves the ultimate question of validity,"
and added that,
“Amazon.com remains confident that its
1-Click patent is valid. The appellate court also confirmed
Amazon.com's strong showing that barnesandnoble.com infringed the
1-Click patent. We believe that the District Court and the jury
will find that the 1-Click patent is valid - and that
barnesandnoble.com infringed it - when all of the evidence is
presented at trial.”
