IBM Sues Groupon on $167-Million Patent Infringement Suit
Groupon
Inc created its online coupon business using International Business Machines
Corp.’s e-commerce inventions without seeking any permission, stated the lawyers
of IBM at the beginning of a federal trial.
IBM is now seeking damages for patent infringement.
IBM is requesting
jurors to give the company $166.5 million for using four patented technologies. This figure is expected to be a point of debate
throughout the course of the trial in US district court in Wilmington,
Delaware.
John
Desmarais, who is IBM lawyer, told jurors that the patents described foundational
e-commerce technology, which have already been licensed to Amazon Inc, Facebook
Inc, and Alphabet Inc’s Google for between $20 million and $50 million per
company.
“Most big
companies have licenses to these patents,” Desmarais stated. “Groupon has not. The new kid on the block refuses to take
responsibility for using these inventions.
IBM spends literally billions of dollars every year on research and
development to make our lives easier.”
Meanwhile,
David Hadden, who is a lawyer for Groupon, stated that IBM doesn’t really use
the patents in question, which Hadden says are invalid. He said that IBM was overreading the scope of
its patents, adding that the corporation was claiming ownership of the building
blocks of the internet.
“A key
question for you in this case is whether these patents cover the World Wide Web,”
said Hadden to the jurors. “They do not
and that is because IBM did not invent the World Wide Web.”
Hadden also
pointed out that IBM uses its “huge stock” of patents “as a club” to ensure
that each company doing business on the web must go through IBM.
“We are here
because IBM has another business, a business it doesn’t talk about in its TV
commercials,” stated Hadden. “In that business, IBM uses its huge stock of
patents as a club to get money from other companies.”
The case
will be closely watched in the marketing and online advertising sector. At least 10 companies intervened in the lawsuit. Such companies include Go Daddy Operating Co.
LLC, LinkedIn Corp, and Twitter Inc, all asking to protect information related
to prior IBM patent deals.
Two of the
patents, of which one has already expired, came out of the Prodigy online service,
which launched in the latter part of 1980s and predated the web. Another one expired in 2016 and is related to
preserving information is continual conversation between clients and servers.
The fourth
patent has something to do with authentication and expires in 2015. This is the latest among the case’s patents.
The New
York-based IBM has hit a confidential settlement in December 2017 with
Priceline.com, which part of Booking Holdings Inc, on three of the same four
patents. US District Judge Leonard Stark
ruled in October that Priceline didn’t infringe the fourth patent. Judge Stark is also presiding over the
IBM-Groupon case.
IBM has
won most US patents in each of the previous 25 years. The corporation reported $1.19 billion in intellectual
property licensing revenue last year.
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IBM Sues Groupon on $167-Million Patent Infringement Suit
Reviewed by HQBroker
on
July 17, 2018
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