Selling Stuff On The Internet? Why, That Infringes On A Patent!

from the prepare-to-get-sued dept

Erich Spangenberg was mentioned here earlier this week for having to pay $4 million for shuffling some patents around to shell companies and suing a company he had already agreed not to sue over those patents. Of course, that’s not slowing him down apparently. Not only has he asked for a new trial on that ruling, he’s continuing to file new patent lawsuits — with the latest one apparently being for a patent on selling stuff on the internet. Yes, the patent may say it’s about selling vehicles, but of the 47 new companies being sued over this patent, it looks like they’re all selling other stuff, not cars. Basically, it looks like he’s trying to sue every internet retailer there is — because, of course, none of them ever would have come up with the concept of selling stuff online if this patent didn’t exist.

Filed Under: , , ,

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Selling Stuff On The Internet? Why, That Infringes On A Patent!”

Subscribe: RSS Leave a comment
Devious says:

I just applied for a new Patent

No longer can anyone pass an anonymous round of effluent body gases. I am patenting the “Silent and Deadly” Fart. Not only the method for presenting the flatulence in an obscure manner, but the eye watering, room vacating, odor/vapor produced by said flatulence.
Once I get it, then I am suing everyone for patent infringement, and then I am going to sue everyone that first smelt it, since they mostly dealt it.
I am also going to sue those noses that smelt if for copy right infringement as they illegally reproduced the smell in a biological electrical signal to the brain.

So let’em rip while you can.

Oliver Wendell Jones (profile) says:

I've said it before...

Taking an existing action or business model and adding the phrase “over the internet” to the end of it does not make it a new idea nor should it be patentable – unless you already hold the patent on the default action.

This same rules applies to new technologies as they become available, and so it also applies to “via a wireless connection”, “via a 3G wireless network”, etc….

This means that people who took actions like “Conduct an auction” and added “over the internet” to it shouldn’t be able to get a patent unless they invented auctions in the first place and still hold a patent on the concept.

Anonymous Coward says:

Re: I've said it before...

Not only that but patenting a business model or method shouldn’t be allowed either. I still say the patent office should go back to requiring a working model of a patent. That alone would stop most of this nonsense because it would demonstrate they didn’t really event anything and that the ‘invention’ was pretty obvious extension of prior art.

Anonymous Coward says:


Again you should how little you actually know about patents, but yet act like your an expert enough to discuss them!

Claim #1 of that patent CLEARLY states “for selling vehicles”, and ALL of the other claims of the patent are “Dependant” on claim one, so if something of claim one doesn’t apply, then NONE of the claims apply, including claim one.

In essence, THIS patent only relates to selling vehicles and does NOT cover “selling *anything* on the internet”.

So, either you are jumping off a bridge like the idiot in front of you who is incorrectly claiming that it covers ANY selling on the internet, or this is not the patent that he is suing over. Either way, unless you are well versed in patents, you shouldn’t being making false claims if you want anyone to respect your other opinions.

ehrichweiss says:

Re: Re:

Buddy, you’re giving an example of Mike’s knowledge of a SPECIFIC patent, not his knowledge of patents and patent law in general. That in and of itself is enough to show that you don’t know enough of what you’re talking about.

Seriously, it’s like you saying you know quite a bit about skiing and then me calling you a retard because you haven’t read the rules at the ski lodge in my town. Well, why DID you chew gum while skiing if you knew soo much?

Mike C. says:

Re: Re:

1) It’s obvious you didn’t read Mike’s comments correctly:

“it looks like he’s trying to sue every internet retailer there is”

2) It’s also obvious you didn’t follow any of the links in the article. If you did, can you please explain how defendants like Gap, Old Navy and Victoria’s Secret have absolutely anything to do with selling cars over the Internet? I’d really like to know because they are defendants in the latest lawsuit from the (in my personal opinion) patent troll.

Anonymous Coward says:

Re: Re:

“…this is not the patent that he is suing over.”

As noted in the article, at least two, and possibly three, other patents are involved…none of which are limited to the sale of “vehicles”. Regarding the patent mentioned in this article, it is not at all mentioned in the linked article.

Filldirt says:

Re: Re:

> In essence, THIS patent only relates to selling
> vehicles and does NOT cover “selling *anything* on the
> internet”.

Maybe the patent only covers autos, but the point of the article is that Mr. Scumbag is suing businesses who have nothing to do with selling vehicles over the internet. Try reading the source articles next time. For your lazy ass I quote:

> Two days ago, Apple and Hewlett-Packard were sued on the
> same patents.

some old guy says:

Re: Re:

Fire and brimstone? WTF has your false god (bad news folks, there is no god) got to do with american copyright law? No No No! Fire and brimstone would be an insult to us, if we actually allowed the law to run so amuck that we needed sanctions from a higher power to save us from our legal department? PFT. I would be ashamed indeed if the hand of god tried to help us out.

What we need is for american citizens to handle this situation. Someone needs to just kill him. Let it be known to all that abuses of the law will not be tolerated.

DaveW says:

I’m about to patent selling stuff over the phone and by means of classified print ads and while sitting in a chair or standing up. Or outdoors. Or indoors. Or while breathing.

And, of course, on nuisance patent lawsuits, and on being a total asshole. This jerk, as well as any patent official who allowed such a patent to make it past the front door both belong in Guantanamo.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...