tooltimes
|
posted on September 28, 2002 10:05:29 PM
might get interesting
http://www.billingsgazette.com/index.php?id=1&display=rednews/2002/09/28/build/business/33-ebay.inc
|
Libra63
|
posted on September 29, 2002 12:19:41 AM
Didn't Jay Monahan pass away a couple of years ago? I think he was Katie Curic's husband.
I guess it's just in the eyes of the judge who is telling the truth and if this is the case are all the other online auctions in jeopardy because they also use almost the same format as eBay.
|
tooltimes
|
posted on September 29, 2002 01:03:59 AM
Same name ( Jay Monahan ) different person.
|
Reamond
|
posted on September 29, 2002 05:06:02 AM
This guy owns eBay if he prevails.
|
uaru
|
posted on September 29, 2002 07:02:52 AM
Reamond This guy owns eBay if he prevails.
Naw, he doesn't want eBay. He just want to win at the litigation lotto game.
Woolston claims he just wants "reasonable" royalties.
How valuable is a patent if you've done nothing with it? I think he's trying to pick eBay's pockets.
|
twelvepole
|
posted on September 29, 2002 07:11:19 AM
Uaru, patents are worth lots of money and just because someone is not using their patent right away does not mean they were not trying to find investors to get it going.
Also, if you patent an idea, what better way to now enjoy some extra income by having another company use your idea.
It is not free to get a patent and can cost well over $500 by the time you are done.
eBay KNEW that this person had the patent on this process and should of been paying him his royalties after he told them he would not sell his rights to the patent.
He patented the idea and now eBay may have to pay up. Of course they probably will drag this through the courts forever.
Ain't Life Grand... 
|
RB
|
posted on September 29, 2002 08:18:10 AM
I hope eBay gets bench slapped big time. It's about time someone brought them back down to the real world.
|
Reamond
|
posted on September 29, 2002 08:26:37 AM
It doesn't make any difference what a patent holder does or does not do with their patent, they have exclsive rights to the idea as opposed to anyone else. The "value" of a patent is its exclusivity, not the value of the idea in the actual market.
If eBay had the patent, don't think they wouldn't hesitate for a minute to enforce it, and "win the litigation lottery game".
There must be something to this guy's claims or eBay wouldn't bother contacting or negotiating with him.
eBay doesn't want a license, from the article it appears eBay wants to buy the rights to the patent outright. A license would have to be re-negotiated every time a derivitive business method was started by eBay.
|
getkicksonrte66
|
posted on September 29, 2002 11:34:46 AM
When ebay LOSES the case -- which I do believe will be the outcome----ebay will be paying thru the nose for this defeat--- and guess who will get to assist them in paying the plaintiff his gazillions ?
But of course---it'll be the Ebay Sellers--c'mon thats not to difficult to figure out---is it?
|
RB
|
posted on September 29, 2002 11:43:24 AM
When this happens, most sellers will quit eBay. That's what they always do when eBay raises their fees ... right?
|
getkicksonrte66
|
posted on September 29, 2002 11:57:35 AM
If Your interested in reading more then BILLINGS GAZETTE's lit'l snipit on the subject then go to >>>>
http://hoovers.p04.com/u.d?3kcRFHYo8VbK-Mrz=5820
|
twelvepole
|
posted on September 29, 2002 11:59:50 AM
I don't know if I am understanding you right there rte66, are you saying it would better if eBay won, therefore undermining the patent system here in the US, just to avoid paying some possible increased fees?
If eBay loses, they should, and they increase fees, sellers will find another venue.
Of course then if the patent wins, another site could license the concept from the patent holder and really start their own auction site, legally.
Ain't Life Grand...
|
getkicksonrte66
|
posted on September 29, 2002 12:08:17 PM
What I believe in is true justice---if ebay knowingly wronged the patent holder--then I say they must pay. Yes life is GRAND
The only sad part is that the settlement loss / payout would obviously have a trickle down impact and ultimately effect the Ebay Sellers.
|
reamond
|
posted on September 29, 2002 12:57:09 PM
What the articles have left out is the crux of the issue and that is Business Method Patents. When the courts and the Patent Office allowed these patents, many warned that it would create problems rather than solutions. Business methods should not be eligible for patents. it is too ethereal to be patented.
|
stonecold613
|
posted on September 29, 2002 01:16:21 PM
There is another side of the story which I haven't yet seen. That would be the argument of, why hasn't he pursuded the enforcement of the patent until now? Yes, he does own it, but why wasn't he actively pursuing his rights before. It is the responsibility of each patent or copyright holder to enforce their rights. If he waits until the company or person has built an empire before doing anything about it, what right do you have to squash that company after the fact? I will predict that the patent will be upheld, but the award given will be very small because of his lack of action.
JMHO
|
fluffythewondercat
|
posted on September 29, 2002 01:30:32 PM
Patent infringement happens every day, by big companies whose names are known to all.
I know the guy who invented and patented the unique gasoline engine used in one of the new hybrid cars. BigJapaneseAutoCo stole his invention and they will never have to pay, because he doesn't have the hundreds of thousands of dollars necessary to pursue an infringement suit.
(Yep, the patent's for real.)
|
reamond
|
posted on September 29, 2002 06:02:43 PM
Most patent holders wait until a company is succesful before filing for infringement. Why sue an entity that has no assets ?
Omyadar probably couldn't afford to do a patent search when he started eBay, or file his own patent - most people wouldn't think that a business method could be patented. He took a chance and eBay may lose big time.Large corporations spend large amounts of money to research the patent office. Big corps also have agents in Washington DC that do nothing but check the Patent office daily to see what has been filed.
Filing a patent is the easy part, building a business is the hard part. It makes much more sense for a patent holder to let someone else build the business and take the risks.
|
RB
|
posted on September 30, 2002 06:00:33 AM
My grandfather invented the pump oil can (the Plews oiler - Plews was his name), some guy copied it, my grandfather sued and won. The payments came monthly until he passed away - at least 35-40 years worth.
Meg may have to sell the yacht 
|
tooltimes
|
posted on September 30, 2002 06:07:09 AM
How long can ebay drag the suit out? It's been ages with the Microsoft suits as the appeals can go on and on. Could this lawsuit be an impetus for ebay more rapidly shifting to a fixed price venue and leaving only a small portion of the site for the auction format?
|
twelvepole
|
posted on September 30, 2002 06:41:54 AM
They can drag it out for many years, and hopefully wear down the plantiff.
However if they are turning to more of the fixed price selling and getting away from auctions, then you maybe right, because then they would only have to pay back royalties and penalties, without have to continue to pay in the future.
If Mr. Woolston has the money, he could possibly force the issue before a court within a year.
Ain't Life Grand...
|
tooltimes
|
posted on September 30, 2002 06:50:07 AM
If Mr. Woolston has the money
Can't he get backers of his suit that will help pay legal costs for a cut of the pie when/should he win? Sort of like a playwrite that has a great play but not enough funds to placet it into production. The funding will come if the investors believe in the quality of the play.
|
twelvepole
|
posted on September 30, 2002 07:38:31 AM
Yep he could, and then eBay will really have to do some tap dancing.
Ain't Life Grand...
|
Reamond
|
posted on September 30, 2002 08:04:12 AM
The guy that patented the waterbed matress was strung out for years of infringement litigation. I believe he had to file bankruptcy. He also thought of selling "shares" in any settlement to finance his lawsuit. I think the courts ruled that you may not have others "invest" in a law suit.
In any event, this guy may be able to get a well heeled law firm to finance the law suit as a contingency case. If the case has merit, a firm will consider contingency. A large high powered firm taking the contingency will also move eBay towards settlement.
|
RebelGuns
|
posted on September 30, 2002 08:50:31 AM
"I think they're going to settle. I don't think eBay will let this go to court," says Rosalinda Baldwin, chief executive of the Auction Guild, a New York company that monitors the online auction industry and has been an eBay critic.'
http://story.news.yahoo.com/news?tmpl=story&u=/ap/20020930/ap_to_te/ebay_patents_4
|
mlecher
|
posted on September 30, 2002 09:03:53 AM
If I were a Juror I would have one question I would want answered. Why did he wait so many years to file suit? And they had better have a good answer or the suit is null and void. You can not just wait until someone takes your idea and builds it into a multi-million dollar business and then want a piece.
.
A Man will spend $2.00 for a $1.00 item he needs.
A Woman will spend $1.00 for a $2.00 item she doesn't need.
|
Libra63
|
posted on September 30, 2002 09:18:57 AM
mlecher I agree with you. It is hard for me to realize that someone could patent this type of business right down to the fine points and have it done within the time that eBay was started. Then wait, how many years, before they decide to do something. How long does it take to think, apply for a Patent? Do you have to have blue prints or something to prove it? The internet is a gray area yet, everyday something knew happens. Since I don't know much about patients I will have to take a wait and see attitude with this one.
.
|
RB
|
posted on September 30, 2002 09:45:18 AM
And they had better have a good answer or the suit is null and void. You can not just wait until someone takes your idea and builds it into a multi-million dollar business and then want a piece.
Is that a legal opinion, or an emotional one?
|
uaru
|
posted on September 30, 2002 10:11:29 AM
Is that a legal opinion, or an emotional one?
Does it matter? The statement was what his feelings as a juror would be. For what it's worth I agree with it.
|
tooltimes
|
posted on September 30, 2002 10:24:31 AM
If you have ever spent weeks on a jury in a civil trial you know what screwy things can happen there. The thought of a jury trial ( especially one possibly in California ) has to scare the livin' crap out of ebay.
|
RB
|
posted on September 30, 2002 10:35:50 AM
It does matter!
In the first place, I doubt if there would be a jury in this type of suit, and in the 2nd place, the jury would be instructed to make their decision based on law ... not on how they "feel" about it.
If juries made decisions based on emotions, nobody would ever get a 'not guilty' verdict
OTOH, they would have hung OJ too ...
|
