Welcome!

News Feed Item

Seventh Amendment is at Stake in Soverain v. Newegg

Important SCOTUS Cert Conference on January 10

CHICAGO, Jan. 8, 2014 /PRNewswire/ -- Soverain Software has received widespread industry support for its patent infringement case, Soverain v. Newegg, which is scheduled for the Supreme Court's January 10, 2014 certiorari conference.  The widely-read SCOTUSblog features Soverain v. Newegg as both a Petition of the Day and a Petition to Watch.

"After reading our cert petition and the court documents, leaders in the legal community are confirming the importance of Soverain v. Newegg and concluding it is worthy of the Supreme Court," said Soverain's President, Katharine Wolanyk.  "Newegg has lost sight of the American principles of property rights, validity of patents, burden of proof, and the Constitution, and is instead mischaracterizing legitimate businesses as a diversionary tactic.  Soverain's case matters because it is about the Seventh Amendment right to a jury trial for patents which invented the way online business is done," said Wolanyk.

IP industry leaders have come out in support of Soverain's cert petition.  The case has drawn amicus support from leaders in intellectual property, technology, investing and academia who urge the Supreme Court to grant certiorari.  Gene Quinn, a patent attorney and top IP law blogger, said "This is not your ordinary obviousness dispute.  The Supreme Court should take this case."  Professor Hal Wegner, a patent attorney and former PTO patent examiner, named Soverain v. Newegg to his widely-read Top Ten Patent Cases list and called it a "well-crafted petition."  Law professor and prominent blogger Dennis Crouch said that the CAFC's stance of reversing the non-obviousness decision was "almost unprecedented."  Intellectual Asset Management (IAM) Magazine simply said "Newegg may, in fact, just like infringing patents."

Soverain sued Newegg for patent infringement and Newegg lost at trial.  Chief Judge Leonard Davis said "I don't think it's a close call" when ruling that Newegg had not met the burden of proof of clear and convincing evidence in order to go to the jury, and he ruled Soverain's patents were valid and infringed by Newegg.  Newegg appealed for a new trial and the CAFC instead improperly invalidated the patents, including claims that were not even asserted, without giving Soverain a chance to argue that issue.  Soverain has asked the Supreme Court to review this case and amicus briefs by independent parties urged the Court to hear the case.  If the verdict is left to stand, the judicial overreach in Soverain v. Newegg will become a dangerous precedent which will change not only patents, but the law itself.

Wolanyk says, "It's time to set the record straight in the midst of rampant disinformation about our patents and business.  Soverain's patents are valid and have been found non-obvious by two federal courts and twice by the PTO in reexaminations.  Soverain's software product has been in continuous use since 1996 and our engineering team continues to develop it and support our customers to this day.  Our software market share declined from #1 in the world because of widespread infringement by companies like Newegg and the costly necessity of going to court to protect our intellectual property, just as The Wall Street Journal predicted in 1998."

Information on Soverain v. Newegg, including the articles referenced above, can be found on Soverain's website at http://soverain.com/asp/news/ , and details of the case are posted at http://soverain.com/asp/news/news_case_summaries.asp .

ABOUT SOVERAIN SOFTWARE

Soverain Software LLC provides ecommerce software and services for enterprises, focusing on the publishing, news syndicate and digital content industries.  Soverain's enterprise software product Transact has been in continuous use for 18 years, used by over 1,000 companies in over 25 countries, including well-known companies such as Time-Warner, AT&T, Sony, Disney, BusinessWeek and Reuters.  Our patented Internet commerce technology benefits both merchants and consumers by enabling secure and flexible online transactions.

SOURCE Soverain Software LLC

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
What sort of WebRTC based applications can we expect to see over the next year and beyond? One way to predict development trends is to see what sorts of applications startups are building. In his session at @ThingsExpo, Arin Sime, founder of WebRTC.ventures, will discuss the current and likely future trends in WebRTC application development based on real requests for custom applications from real customers, as well as other public sources of information,
Virtualization over the past years has become a key strategy for IT to acquire multi-tenancy, increase utilization, develop elasticity and improve security. And virtual machines (VMs) are quickly becoming a main vehicle for developing and deploying applications. The introduction of containers seems to be bringing another and perhaps overlapped solution for achieving the same above-mentioned benefits. Are a container and a virtual machine fundamentally the same or different? And how? Is one techn...
SYS-CON Events announced today that Infranics will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Since 2000, Infranics has developed SysMaster Suite, which is required for the stable and efficient management of ICT infrastructure. The ICT management solution developed and provided by Infranics continues to add intelligence to the ICT infrastructure through the IMC (Infra Management Cycle) based on mathemat...
SYS-CON Events announced today that Interoute, owner-operator of one of Europe's largest networks and a global cloud services platform, has been named “Bronze Sponsor” of SYS-CON's 20th Cloud Expo, which will take place on June 6-8, 2017 at the Javits Center in New York, New York. Interoute is the owner-operator of one of Europe's largest networks and a global cloud services platform which encompasses 12 data centers, 14 virtual data centers and 31 colocation centers, with connections to 195 add...
SYS-CON Events announced today that Cloudistics, an on-premises cloud computing company, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Cloudistics delivers a complete public cloud experience with composable on-premises infrastructures to medium and large enterprises. Its software-defined technology natively converges network, storage, compute, virtualization, and management into a ...
What if you could build a web application that could support true web-scale traffic without having to ever provision or manage a single server? Sounds magical, and it is! In his session at 20th Cloud Expo, Chris Munns, Senior Developer Advocate for Serverless Applications at Amazon Web Services, will show how to build a serverless website that scales automatically using services like AWS Lambda, Amazon API Gateway, and Amazon S3. We will review several frameworks that can help you build serverle...
Now that the world has connected “things,” we need to build these devices as truly intelligent in order to create instantaneous and precise results. This means you have to do as much of the processing at the point of entry as you can: at the edge. The killer use cases for IoT are becoming manifest through AI engines on edge devices. An autonomous car has this dual edge/cloud analytics model, producing precise, real-time results. In his session at @ThingsExpo, John Crupi, Vice President and Eng...
In the enterprise today, connected IoT devices are everywhere – both inside and outside corporate environments. The need to identify, manage, control and secure a quickly growing web of connections and outside devices is making the already challenging task of security even more important, and onerous. In his session at @ThingsExpo, Rich Boyer, CISO and Chief Architect for Security at NTT i3, will discuss new ways of thinking and the approaches needed to address the emerging challenges of securit...
The taxi industry never saw Uber coming. Startups are a threat to incumbents like never before, and a major enabler for startups is that they are instantly “cloud ready.” If innovation moves at the pace of IT, then your company is in trouble. Why? Because your data center will not keep up with frenetic pace AWS, Microsoft and Google are rolling out new capabilities In his session at 20th Cloud Expo, Don Browning, VP of Cloud Architecture at Turner, will posit that disruption is inevitable for c...
There are 66 million network cameras capturing terabytes of data. How did factories in Japan improve physical security at the facilities and improve employee productivity? Edge Computing reduces possible kilobytes of data collected per second to only a few kilobytes of data transmitted to the public cloud every day. Data is aggregated and analyzed close to sensors so only intelligent results need to be transmitted to the cloud. Non-essential data is recycled to optimize storage.
SYS-CON Events announced today that Loom Systems will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Founded in 2015, Loom Systems delivers an advanced AI solution to predict and prevent problems in the digital business. Loom stands alone in the industry as an AI analysis platform requiring no prior math knowledge from operators, leveraging the existing staff to succeed in the digital era. With offices in S...
"I think that everyone recognizes that for IoT to really realize its full potential and value that it is about creating ecosystems and marketplaces and that no single vendor is able to support what is required," explained Esmeralda Swartz, VP, Marketing Enterprise and Cloud at Ericsson, in this SYS-CON.tv interview at @ThingsExpo, held June 7-9, 2016, at the Javits Center in New York City, NY.
As businesses adopt functionalities in cloud computing, it’s imperative that IT operations consistently ensure cloud systems work correctly – all of the time, and to their best capabilities. In his session at @BigDataExpo, Bernd Harzog, CEO and founder of OpsDataStore, will present an industry answer to the common question, “Are you running IT operations as efficiently and as cost effectively as you need to?” He will expound on the industry issues he frequently came up against as an analyst, and...
In his General Session at 16th Cloud Expo, David Shacochis, host of The Hybrid IT Files podcast and Vice President at CenturyLink, investigated three key trends of the “gigabit economy" though the story of a Fortune 500 communications company in transformation. Narrating how multi-modal hybrid IT, service automation, and agile delivery all intersect, he will cover the role of storytelling and empathy in achieving strategic alignment between the enterprise and its information technology.
Microservices are a very exciting architectural approach that many organizations are looking to as a way to accelerate innovation. Microservices promise to allow teams to move away from monolithic "ball of mud" systems, but the reality is that, in the vast majority of organizations, different projects and technologies will continue to be developed at different speeds. How to handle the dependencies between these disparate systems with different iteration cycles? Consider the "canoncial problem" ...