Feeds

Amazon's 1-click hit with patent loss in Oz

Some bits of One-Click patent aren’t original

The Power of One Infographic

Australia’s Patent Office has decided that some aspects of Amazon’s notorious “1-click” patent lack either “novelty” or “an inventive step”, in a decision handed down on May 9th.

Opposition to the patent under Australian jurisdiction was filed by Telstra back in 2003. Telstra had objected to the patent on the basis of twenty “prior art” documents, but according to the decision had only relied on some of its prior art in the patent hearings.

The venerable Dr Dobbs even managed a mention in the hearing, cited as an example of prior art from an article entitled Implementing a Web-Shopping Cart. Telstra had also cited the Digicash e-cash system, and Open Market Technical white paper, Telstra’s own “Click-Call” patent, and a Japanese patent filed by Hitachi.

However, the decision notes that Amazon’s lawyers had, in several instances, identified features of Amazon’s claims that were not present in Telstra’s prior art instances.

In the end, the Australian Patent Office delegate Ed Knock fulfilled the principles of nominative determinism, knocking a slew of Amazon’s claims – with the caveat that the Internet book giant has 60 days to revise its claim.

In the world of legal PR, the decision rates as a “win” for Telstra, if for no other reason than costs were awarded against Amazon. However, this analysis by Australian blog Patentology (operated by patent attorney Dr Mark Summerfield) describes it as a “Pyrrhic victory”, noting that “the claims that have survived the Australian opposition are, to our knowledge, the broadest of any of the ‘1-click’ patent family members.

“For all practical purposes, after years of proceedings and (no doubt) tens of thousands of dollars in costs (at least), Telstra has gained no meaningful freedom-to-operate out of the opposition,” the blog notes. ®

Mobile application security vulnerability report

More from The Register

next story
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
Airbus promises Wi-Fi – yay – and 3D movies (meh) in new A330
If the person in front reclines their seat, this could get interesting
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
UK Parliament rubber-stamps EMERGENCY data grab 'n' keep bill
Just 49 MPs oppose Drip's rushed timetable
Want to beat Verizon's slow Netflix? Get a VPN
Exec finds stream speed climbs when smuggled out
Samsung threatens to cut ties with supplier over child labour allegations
Vows to uphold 'zero tolerance' policy on underage workers
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Mobile application security vulnerability report
The alarming realities regarding the sheer number of applications vulnerable to attack, and the most common and easily addressable vulnerability errors.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.