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In 1998, Amazon.com filed a patent application for a "Method and System For Placing A Purchase Order Via A Communication Network". [2] This invention allowed customers shopping online to make purchases with one-click buying, which circumvents the process of entering address and billing information in the traditional shopping cart mode of online shopping.
A person who practices that invention without the permission of the patent holder infringes that patent. More specifically, an infringement occurs where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its equivalent. [1] No infringement action may be started until the patent is issued.
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification [notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the ...
[8] (2) Publishing the invention, rather than keeping it a trade secret allows others to build upon the technology. [9] Both of these have been challenged based upon economic analysis. The "rewards" theory has been criticized as ignoring the risky prospective nature of the "reward", [10] and the post patent costs of cost-engineering and marketing.
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The district court sided with Amazon, per expert testimony that the company's One-Click technique was original and inventive, while concluding that it was a non-obvious invention because Amazon had been the first e-commerce company to specifically tackle the problem of customer fatigue during lengthy check-out processes.
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