eBay Sued For Patent Infringement... With Added Conspiracy Theory
from the don't-miss-it dept
Another day, another patent lawsuit against a big company for doing something obvious, filed by a company that appears to exist solely for the purpose of suing a company that actually does stuff. This time it's a "company" XPRT Ventures who has sued eBay and is demanding a mere $3.8 billion for its troubles. $3.8 billion dollars for doing nothing seems like a pretty good deal. Unfortunately, the news coverage seems lacking. It doesn't say what patents the lawsuit involves or what those patents cover, so we had to do some digging ourselves. The law firm that filed lawsuit issued a rather one-sided press release that also alleges that eBay "unilaterally altered" a confidentiality agreement between XPRT and eBay -- which makes the case a bit more interesting. The press release still doesn't name the patents, but it does link to the ridiculously long (209 pages) complaint (warning: ridiculously large pdf), which you can also read below:Upon information and belief, eBay's familiarity with the confidential information provided by the Inventors allowed eBay to recognize the advantages it would realize by acquiring, modifying and integrating PayPal's payment platform with eBay's own e-commerce payment platform. eBay also knew or should have known that such modification and combination would violate Inventors' patent applications claims should they issue as patents.Yeah, ok. This gets even more ridiculous when you realize that XPRT is claiming that it was modifications that PayPal/eBay didn't roll out until 6 or 7 years later that are supposedly infringing.
As for the whole conspiracy stuff about eBay "unilaterally altering" the date on the agreement, it turns out there's not much there there. Basically, eBay and the inventors negotiated over an NDA to share some information, with the initial proposed NDA having a date of March __, 2002. That was, clearly, a placeholder, found in just about every contact negotiation you'll ever see. When eBay actually signed the NDA it replaced the placeholder with the date of the signature, April 30, 2003. That's how contracts work.
XPRT, however, suggests that eBay's own (equally questionable) patents on its own payment system were filed just before eBay signed this document, and that eBay failed to note the XPRT patent applications, despite knowing about them, as prior art. To make it even more fun, the complaint suggests that eBay effectively admitted that XPRT's technologies are patentable, because it tried to cover the same inventions with the claims in its own patent filings. Basically, this is a sneaky way to (try to) cut off a claim that XPRT's patents are invalid.
Anyway, the key patent in the battle is the following, which, while it was filed back in 2001, didn't actually issue until 2009. If you look through the history of this particular patent, you find a trail of rejection. The USPTO did a non-final rejection, then a final rejection of the patent in 2004 and 2005. The inventors appealed (and twice had problems of filing a "defective appeal brief"). The appeal also rejected the patent and sided with the examiner. The inventors then asked to have the patent reconsidered, and that was rejected. Then, they asked for the patent to be examined again, and, yet again, the USPTO rejected the patent -- with both a non-final and final rejection. Finally, after all those rejections, the inventors amended the patent some more and finally got it through in 2009. In other words, whatever they showed eBay way back in 2001 was not actually patentable, and what was patented in 2009 was quite different.
7,483,856: System and method for effecting payment for an electronic auction commerce commerce transaction
If you look at the other patents, they appear to be continuation patents on that patent, the common trick of updating an old patent application to make sure it covers what others are actually doing in the market, even if such things weren't really what the initial patent was intended to cover.
Oh, and finally, why are these guys demanding $3.8 billion for a basic idea that they failed to implement themselves? Well, they appear to be claiming a 6% royalty on all of PayPal's revenues, and then make a bunch of assumptions about how much PayPal is likely to make between now and 2024 when the patents will expire. In other words, it's simply making up how much eBay might make and demanding a rather large cut of that.
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"Look at dem yo-yos, that's the way you do it, makin' money on the USPTO!" (With apologies to Mark Knofler.
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Copyright claims from sharks
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Yours truly,
Obsessed Evil Fuck
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Marshal, just give the world some evidence or close your uncensored mouth once and for all
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You say he has a point? What the fuck is his point? His blog is the most pointless thing I've ever read. He makes no valid point and has no substance at all to what he says. No back up to any of his looney babbling. If this was an assignment for an English class, he gets a F for his terrible grammar and complete lack of evidence. How could such an unhinged person who has exhibited no other poetic or literary talent whatsoever be the writer of the lyrics he claims? And if you are really a person and not just another figment of marshall Auldjos demented imaginings (like robert marshal), then read his blog and just note what a violent hate-filled bigot he is.
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Suit
If you agree to settle now I will agree to a $500.00 paypal transfer to me within 45 days.
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Re: Suit
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My WoW char...
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Re: My WoW char...
Oh come on. How can a 'stache-wearing nazi warlock possibly imitate a 2 foot mage with dwarfism (btw: why doesn't the dwarf race have dwarfism?) Where is your moron in a hurry now?
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issued a rather one-sided press release
what do you find odd that one side would release a 'one-sided' report.
How can they issue anything else? it's their side of the story, it IS one side, and I assume ebay will also issue a press release that is 'one-sided'.
Are you sure Mike, your not just saying words to stir up emotions.
Why say it is one sided, when it is clear it cannot be anything else.
Are you one sided or not when it comes to what you write about, and your supposed to be independent.
They are not independent, they have made a press release that states their case, and you accuse them of being one sided.. !!!..
As for the law fortunatly we have judges who know better than you guys what is right and wrong, and they have specific procedures they must follow, they cannot just make stuff up, and accuse someone of being 'one-sided', as if that is somehow bad in the first place.
Smacks of just saying stuff to get a response, there was no need to make that statement, and it shows that techdirt is equally if not more biased and one-sided..
And it worse for TD as reporting is supposed to be factual and unbiased..
and not one sided. but each side of a case is ofcourse supposed to be one sided, and they are supposed to take sides, and let the courts decide.
Making these "bias" claims is just spin and does nothing to convince most that you are not equally one-eyed, or one-sided.
No balanced reporting here ?
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Re: issued a rather one-sided press release
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Re: issued a rather one-sided press release
This, however, is a scary thought....
"As for the law, fortunately we have judges who know better than you guys what is right and wrong, and they have specific procedures they must follow, they cannot just make stuff up, and accuse someone of being 'one-sided', as if that is somehow bad in the first place."
If you believe that the law has caught up to technology and that judges are completely competent when it comes to making these decisions, you should think again. Last I checked, judges should know law. Morality (right and wrong) isn't as definite as the law.
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Re: issued a rather one-sided press release
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Talk about a bullshit patent.
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Re: issued a rather one-sided press release
Build a bridge and get over it.
It is one sided, wich in this case (as the author later explained) they tried their best to ignore the facts and show themselves as the injured party, most thinking people ~do~ have an issue with this sort of behavior. If you don't, well that's fine, good for you.
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re:Robert
With a little luck soon this man will he wiped from the face of the internet forever, and he'll be where he needs to be, getting psychiatric help.
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My...
GOD!!!
Anyone but the... HARASSMENT POLICE!!!
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RIP Robert Marshal :(
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Response to: Anonymous Coward on Feb 14th, 2014 @ 12:43pm
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He says his father was a police officer for 25 years in Liverpool he also maintains he is married with children of course this guy is a compulsive liar. He thinks because he received a email which accidently had other peoples email addresses that he has the right to contact and harrass those people putting them into a state of fear. He uses peoples identities to gain information from their unsuspecting families this is why the police are taking a interest in him. He uses more email addresses and names trying to hide his identity a dangerous Walter Mitty that needs locked up where he will be put beside his type in the protection wing. If someone knows this queer person that says he is a carer for the handicapped and wants to help alcoholics in their recovery whilst making shapes out of his shit. I ask you to expose this son of a policeman for his own safety and the people he is trying to snare. Give me his address and this harassment on innocent people will stop.
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As for the police taking an interest in charging an email address with identity theft, all I can say that is truly an LOL. There is no law enforcement agency in the world that would allocate resources to investigate some posts or emails unconnected with any real world events. They are far too busy dealing with REAL crimes to give a shit about a cry baby blogger drowning in the wild west of the World Wide Web.
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re lol
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you are a nutcase.....
Broadmoor hospital,
Crowthorne
Berkshire
RG457EG
Tel 01344 773111
Give them a shout they'll help calm the voices in your head
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I think half the comments on here are marshal having a conversation with himself. He's well and truly shot himself in the foot. Any sad fool who reads this 4 year old page buried deep within the bowels of the internet will see him for what he is, a very very sick man. Kind of puts the final nail in the coffin for his blog don't you think?
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So funny. the only search term thus shows up in Google under is marshal Auldjo! Or the infamous Chris Finucane, whoever that poor sod is. He's totally undermined any cred he ever had.
Take care out there bro, and Mr Auldjo, get some help while you can.
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They say the pen is mightier than the sword, but in his case his pen broke when his brain fell out 40 odd years ago.
Keep on running
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Me
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Yes I do....
No I don't......
Yes I do......
Anyone got a straightjacket
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What no drunken psycotic scotsman?
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Marshal Auldjo was his name
He played a silly game
But soon will he will be no more
The harassment police knocking at his door
There bashing down his gates
Wow, after all he really is in Dire Straits!
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Re: Lame Poet on Mar 7th, 2014 @ 1:47pm
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And chrisssy26@gmail.com I don't read your crap I'm a ant remember.
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I thought this thread was about IP issues not trolls that are scum.
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maybe normal in the head of a loonie but in real life a dangerous obsessive prrson needing help from themselves thats twisted in so many ways it makes yo wonder how many personalities this guy has. If his use of bogus names are anything to go on theres a head filled to the brim.
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Watch this space
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The Real Chris Finucane
I am the real deal, I'm the man who marshal sent over 20 abusive emails to, I'm the man who's employer marshal tried to contact to complain about and failed (they had a good laugh about you marshal). I'm the man who has put up with being stalked and harassed by the aforementioned individual. I'm the man who's been accused of being a paedophile. I'm the man whos email address as been made public. I'm the man who Marshal is attempting (Rather badly) to destroy.
My advice to anyone reading this thread is not to comment any further.
Marshal is responsible for at least 70% of the comments on here, he has mental issues, quite possibly schizophrenia, and multiple personality disorder. He thrives on publicity and will attempt to discredit anyone who punctures his imaginary world.
That was my misfortune. I never swore at him, did anything nasty or wrong, all I ever asked for was evidence, it drove him to this......
Marshal will delete any comments on his own blog that puncture his imagined world, yet will post vile disgusting abuse abut me where it cannot be removed (Not yet, but I am in touch with tech-dirt who are investigating this).
And just for the record Marshal, your behaviour, emails, attempts to find me, and contact with my employer have all been reported to the police. I have an incident number right here in front of me, all communication from you is being logged.
So why not stop now while you still have a computer and the ability to use it.
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Re: The Real Chris Finucane
Publicity!
Check me out on soundcloud - https://soundcloud.com/chris-finucane/sets
and my blog - http://strange0new0world.wordpress.com/
Goodbye Marshal!
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Your a fckn weirdo pal if you hadn't stalked this guys FB page under the guise you were related and got barred from FB for the pretence which I'd say is intruding into someones private life I'd cut your balls off if you have them. For cnts like you are wankers that need a good doing over and if you think your smart hiding in a world where shite is shaped as therapy. The pasting your going to get will probably be enjoyed by a perv so you won't be complaining so give over your address. Upto now you have two families after your smelly arse I'd advise you to use some scent to cover your smell but you probably already use obsession you vile gutless creepy stalker.
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The truth
Go on Marshal, dare you, don't comment, don't come back, just be quiet. If you can achieve the simple act of being quiet then we might begin to believe you are a real honest human being.
No one else post, but don't hold your breath guys, marshal is a sick man, and he's just about to prove it. Wait for the comment below, if its dated before june then the man is incapable of holding his tongue.
Lets see what you've got sicko.
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I admit it
I'm sorry.
So so sorry.
Goodbye cruel internet.
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Re: I admit it
...nayh!
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2.) The ludicrous psycho-babble on straitjacketmusic.uk.co has as much chance of being true as the ludicrous psycho-babble of L. Ron Hubbard, another vile lunatic who, unsurprisingly, Auldjo is a fan.
3.) You want notoriety Auldjo, you got it. So don't whine about it shithead.
4.) Dont try to hide behind fake names, Marshall. Your awful grammar and lack of coherency give you away.
5.) How ya doin pal? :)
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And i was like: 'WTH is this all about?'
After a while found this site and it must have been one
of the most funniest and adventurous flame wars ever. ^^
Thank you all for the entertainment.
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But just the horrible grammar/punctuation and the ridiculousness of that guy was funny :)
DS forever! ^^
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Robert Marshall (or whatever his name is) is a big chump
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Now the police are going to the Priory pervert, get out of that one.
My army experience you shit licker will tear your big fucking ears from that silly sickening face, then I will stuff them up your arse with a broom handle.
Your the dirtiest smelly pervert on this planet you gloating pedo, Im coming to Tadley this time I will nail you to a wall, You horrible child molester.
Robert Marshal
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Ode to Auldjo
Cloaked by the ghostly godly shadow of an soiled kilt
Spreading like a cancer,
Like a raging wildfire
Across the sphere of knowledge
Into the idle hands of eternity
Trumpets loudly blaring
Call Marshall back into the arms of masculine embrace
Sheltered from the eye of reality
Imprisoned by the shouts from a thousand voices
Which never shall pierce the silence of the night
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Auldjo's daughter Dawn, and his grandsons Liam, Nathan, and Daniel no longer speak to him. But it does it bother him because he is insane. Also, his lunacy also forced his significant other Marysia Zoltowska to resign from the brownie guides. Sad for them.
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dfvguhbun
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That's not a typo...'.
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Sad muppet police
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Re: Sad muppet police
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Marshall Oh Marshall
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Cloaked by the ghostly godly shadow of an soiled kilt
Spreading like a cancer,
Like a raging wildfire
Across the sphere of knowledge
Into the idle hands of eternity
Trumpets loudly blaring
Call Marshall back into the arms of masculine embrace
Sheltered from the eye of reality
Imprisoned by the shouts from a thousand voices
Which never shall pierce the silence of the night
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A jilted kilted Scotsman stands alone in the barren moor
His feral mind charging to a million places
And crumbling in a million pieces
Nary a honeybee in sight
Nor another living soul
O Where are the Dawn?
To bring light to this darkest night?
She's elusive and beyond his reach
She has faded away from him
Away with the children born to her
And the children bore from the fruit of her child
Now he must begin to Marshall in a new era
He must let go the past
With only shadows left of the Dawn
A memory of things lost forever
Trapped in a time long passed
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Good luck with the impersonation of a Scottish tramp, at least the weathers warm on the streets of Provan this time of year!
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what to do next
seeing you like to pick on a person then mock them about time you left this Finucane bloke alone. Find a new man to pick on.
oh by the way put as much effort into your poems as you do hounding people you could be good
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Re: You are a bully and you have lost!
A final comment to bring the curtain crashing down.
The thing is marshal, you can say what you want hidden in anonymity behind a keyboard. That's generally what bullies do.
Sadly as a bully you're just so bad at it. Tried to destroy my family - FAILED. Tried to cost me my job - FAILED. Tried to lie to a policeman (-Marshall Auldjo internet issue - incident number 14102200482) FAILED. Tried to garner sympathy on AMIT - FAILED and BANNED.
You're just not very good really are you.
A failed bully has no power and you have no power over any of your chosen victims, that's why you will be forever ignored by both myself and Mr knopfler.
Enjoy your failure and your continuing delusions, the only person who will be reading them from now to eternity is you.
Goodbye and good luck.
You'll need every bit you can handle.
C. F.
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