USPTO Rejects 'Buy it Now' Patent

By the Betanews Staff | Published March 30, 2006, 12:00 PM

eBay disclosed Thursday that the U.S. Patent and Trademark Office had ruled in its favor earlier this week, upholding an earlier decision that a patent awarded to MercExchange was "obvious" and should have not been issued. The two sides are currently facing off in the U.S. Supreme Court over eBay's use of the "Buy it Now" feature.

A District Court had found that the service infringed on patents owned by MercExchange. However, instead of issuing an injunction, the court awarded the company a monetary judgment. An appeals court later ruled an injunction was warranted. The rejected patent is central to the Supreme Court case, and eBay said its contents were referred to repeatedly during arguments Wendesday. While MercExhchange is permitted to respond, the auction site said it was unlikely any new arguments would change the USPTO's view.

Comments

View comments by with a score of at least

Good to know the USPTO can admit when it's wrong once in a while... although they seem to be doing that a bit more often lately.

WAIT! IDEA!

I demand a recall, recount, and a formal inquiry by an independent review board to validate all patents made since July 4, 1776! *grin*

Score: 0

|

I'll volunteer!

um...this will only take a few days, right?

*grin*

Score: 0

|

Try 1793...

Score: 0

|

I'm gonna patent "This Way Up" and "Handle With Care"... oh and maybe "Do Not Bend" :-)

How can someone patent a common word or phrase?
(ok I know its the function behind)

Hmmm
Apple, Windows

Score: 0

|

LOL, no no, I'm sorry, but I have prior art on that one! :P lol

Score: 0

|

hmm why didn't I patent the OK or the Cancel button?

Score: 0

|

I already applied a patent for that.

Oh and I patented Typing on the Keyboard and displaying the typed characters on the screen.

Judging by what you typed you owe me 42 dollars. a dollar per character.

Score: 0

|

well, let me pwnt you both !!!
i already patented "reading text on the screen"
so if you're reading this ..... you're going to get sued

Score: 0

|

DAMN YOU!!!

I pantented breathing. SO THERE, either drop dead or start forking over some cash.j/k

Score: 0

|

Pssh, I patented birth and existence thereof.

Score: 0

|

I wasnt born, I was brought down by Aliens to bring down the Patent office.

Score: 0

|

I patented all uses and references toward some deity-thingy named God.

Score: 0

|

lol, (oh crap, i used the button!)

Score: 0

|

yeah, you should've used the "post a reply" one :P

Score: 0

|

FINALLY they REJECT this stupid patent.

I got an idea for a patent too!!!

You click a button that says Post your comments and it imediatly takes the content of a Text box and displays it on your screen as a Post. WHAT AN IDEA!!! LET ME GO PATENT THIS RIGHT AWAY!!! BETANEWS BEWARE!!! =p

Score: 0

|

Microsoft's Ray Ozzie: 'Nobody's going to be 100% open'

The mobile apps ecosystems of the world may converge over time, led by apps being ported over across platforms, according to the Chief Software Architect.

Will Firefox beat IE9 to Direct2D rendering?

Just days after Microsoft executives gave conference attendees a peek at a new rendering technology, a Mozilla contributor revealed he's working on the same thing.

Where there's smoke: Apple warranty stance raises troubling questions

Carmi Levy | Wide Angle Zoom: Smoking can be dangerous not only for your lungs, it appears, but for your Apple hardware warranty.

The fallacy of Facebook privacy

Carmi Levy | Wide Angle Zoom: If an insurance company learns something interesting about its client through the Internet, is that snooping?

Microsoft 'worked with Apple' for Silverlight on iPhone, says Goldfarb

By not making such a big deal out of trying to stream video to the iPhone, Microsoft got a big deal out of it, revealed the Silverlight product manager.

Clicker.com cuts through the Web video chaos

In a world where homemade video and Hollywood movies travel the same pipeline, it's good to have a real search engine to cut through the clutter.

A case study in improving software: What Office 2010 can learn from Notion 3

A music composition product gambles with a complete overhaul, in an effort to make headway against two well-known competitors in a tough market.

Kindle 2 update adds battery life, native PDF reader

Amazon has pushed out an update to the Kindle 2 e-reader that lengthens battery life and adds a native PDF viewer.

Safari on iPhone gets competition from a $1 browser app

Apple likes to say it gives iPhone users a full browsing experience, but a new competitor tries to incorporate more desktop browser features.

Action Replay maker sues Microsoft for Xbox 360 'predatory technological barriers'

Third-party video game accessory maker Datel has filed an antitrust lawsuit against Microsoft over the Xbox 360's recent Dashboard update.