Saturday, July 2, 2011

eBay prevails in limiting patent litigation against it by Kelora Systems.

Kelora Systems, LLC is Cupertino, California based company that owns U.S. Patent Number 6,275,821 which is a method and system for guiding a parametric search.  As the drawing to the right shows, a parametric search is one that uses a lot of criteria at once.  Guiding the search involves automatically turning criteria on and off so that even if there are no exact results the system can still predict what the user seeks.  Previously, PartsRiver, Inc. owned the patent and unsuccessfully litigated it against Shopzilla in PartsRiver, Inc. v. Shopzilla, Inc. (N.D. Cal. Aug. 21, 2009).

In that case, Judge Claudia Wilken determined that the on-sale bar in 35 U.S.C. § 102(b) rendered the patent invalid.  So, PartsRiver sought ex parte reexamination of the patent in order to change the claims so it would be valid.  That endeavor was successful on November 2, 2010 and resulted in this patent which is the subject of the current litigation.

Microsoft and eBay seek summary adjudication that either 1) the '821 patent claims are substantially similar to the patent involved in PartsRiver, so that the patent is still invalid in the present case (presumably under a theory of collateral estoppel) or 2) that, if the claims are different 35 U.S.C. § 252 prohibits any award of damages for infringing actions prior to November 2, 2010.

Judge Wilken found that the claims were different, went with option two and granted that portion of the plaintiff's summary adjudication motion.

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  57. It's fascinating to see how eBay successfully navigated the patent litigation brought against it by Kelora Systems. I can relate to the frustration of Kelora Systems, having experienced a similar situation in the past with another company. Judge Wilken's ruling, determining the claims to be different and granting summary adjudication in favor of eBay, showcases the complexity and intricacies of patent law.

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  58. It's impressive to see how eBay successfully navigated the patent litigation brought against them by Kelora Systems. As a technology enthusiast myself, I can imagine the intense legal battle that took place behind the scenes. It's intriguing to learn about the history of this patent, from PartsRiver's unsuccessful litigation to the subsequent reexamination that resulted in the current patent under scrutiny. This case highlights the importance of understanding the intricacies of patent law and how it can impact major companies like Microsoft and eBay.

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  59. It's fascinating to see how eBay has managed to prevail in limiting patent litigation against them by Kelora Systems. As someone who has experienced the frustrations of navigating through countless search results, I can appreciate the significance of Kelora Systems' parametric search patent. It's impressive to witness how the claims were found to be different, ultimately granting eBay the advantage in this case.

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  60. It's fascinating to see how the legal landscape surrounding patent litigation can be so intricate and nuanced. The evolution of U.S. Patent Number 6,275,821, from its initial invalidation to its successful reexamination, highlights the resilience of intellectual property rights. Judge Claudia Wilken's decision, based on the distinctiveness of the claims, adds an intriguing layer to this legal saga.

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  63. The intricate legal battle surrounding Kelora Systems' patent is a fascinating saga. It's intriguing how the patent's ownership shifted from PartsRiver, Inc. after a challenging litigation history. Judge Claudia Wilken's decision to deem the claims different, leading to the grant of summary adjudication, adds a layer of complexity to this intellectual property narrative.

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