24/7 Media, the internet advertising network, is suing
DoubleClick, its rival on-line advertiser, for patent infringement.
The action, brought in a New York District Court, seeks damages and
an order against further infringement.
DoubleClick is recognised as the leader in the on-line
advertising market. The company has used an enabling technology for
its DART service which enables it to target banner ads to users
based on their usage patterns. This enabling technology is alleged
to be covered by 24/7’s patent, which is called “On-line
Interactive System and Method for Providing Content and Advertising
Information to a Targeted Set of Viewers.”
This is a counter-claim by 24/7, following DoubleClick’s own
patent infringement claim last year against 24/7’s subsidiary,
Sabella, over patents which covered the enabling technology.
Unlike the position in the UK, patents for software and business
methods are permitted and not uncommon in the US. The US Patent and
Trademark Office has faced much criticism over some of its recent
decisions to give monopoly rights to companies for seemingly
obvious innovations. One of the best publicised cases was that of
the one-click technology patent which gave the retail giant
Amazon.com the power to exclude competitors from using its method
of on-line shopping, which critics say was both obvious and
unoriginal.