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Re: E-commerce patented?


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Posted by M Arthur Auslander on November 19, 2002 at 01:34:37:

In Reply to: E-commerce patented? posted by Brian on November 18, 2002 at 23:06:24:

: I have a friend who owns a very small after-market battery business. He has been displaying his wares on the internet and allowing customers to purchase them via credit card online. Recently, he had a suit patent infringement suit filed against him for

: a) showing pictures of his products online, and
: b) allowing end-users to make credit card transactions to purchase the products online.

: They wanted $5000 to settle. Apparently they sued at least 40 other small companies. I guess they did their research and determined these were companies that were likely to settle.

: My question: Is this legit? Can someone really have an enforcible patent on these ubiquitous technologies? He is probably going to settle, since in his mind there's no way he can afford to fight it. Will he now be not only on the list of companies that may settle, but also on the list of companies that DO settle? What are his alternatives?

Dear Brian,
My guess is that he was sued for Copyright infringement for displaying copyrighted pictures of the product without permission.
The credit card bit is not clear. If he was legitimately signed up to offer credit card transations, it is not clear what the wrong could be.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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