Ryan Wiedmaier / flickr
The company that pushed an “online shopping cart” patent into the courts—and successfully made tens of millions of dollars off it—has finally been stopped.
Despite losing on appeal last year to online retailer Newegg, Soverain Software pushed ahead with an attempted en banc appeal, and then, surprisingly, a Supreme Court petition. In its petition (PDF), Soverain argued that the US Court of Appeals for the Federal Circuit had inappropriately usurped the jury’s power, considering not just legal standards but actually ruling on the fact. That deprived Soverain of its Seventh Amendment right to a jury trial, its lawyers argued.
Newegg responded (PDF) that while facts were considered on appeal, they weren’t really in dispute. “Petitioner’s argument that its patents describe non-obviousness advances by applying century-old shopping conventions to the Internet is tone deaf,” wrote Newegg lawyers.