Out-Law News 1 min. read

Barnes & Noble.com wins removal of Amazon.com patent injunction


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.”

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