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
SYS-CON Events announced today that Ericsson has been named “Gold Sponsor” of SYS-CON's @ThingsExpo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. Ericsson is a world leader in the rapidly changing environment of communications technology – providing equipment, software and services to enable transformation through mobility. Some 40 percent of global mobile traffic runs through networks we have supplied. More than 1 billion subscribers around the world re...
Much of the value of DevOps comes from a (renewed) focus on measurement, sharing, and continuous feedback loops. In increasingly complex DevOps workflows and environments, and especially in larger, regulated, or more crystallized organizations, these core concepts become even more critical. In his session at @DevOpsSummit at 18th Cloud Expo, Andi Mann, Chief Technology Advocate at Splunk, will show how, by focusing on 'metrics that matter,' you can provide objective, transparent, and meaningfu...
Increasing IoT connectivity is forcing enterprises to find elegant solutions to organize and visualize all incoming data from these connected devices with re-configurable dashboard widgets to effectively allow rapid decision-making for everything from immediate actions in tactical situations to strategic analysis and reporting. In his session at 18th Cloud Expo, Shikhir Singh, Senior Developer Relations Manager at Sencha, will discuss how to create HTML5 dashboards that interact with IoT devic...
Artificial Intelligence has the potential to massively disrupt IoT. In his session at 18th Cloud Expo, AJ Abdallat, CEO of Beyond AI, will discuss what the five main drivers are in Artificial Intelligence that could shape the future of the Internet of Things. AJ Abdallat is CEO of Beyond AI. He has over 20 years of management experience in the fields of artificial intelligence, sensors, instruments, devices and software for telecommunications, life sciences, environmental monitoring, process...
See storage differently! Storage performance problems have only gotten worse and harder to solve as applications have become largely virtualized and moved to a cloud-based infrastructure. Storage performance in a virtualized environment is not just about IOPS, it is about how well that potential performance is guaranteed to individual VMs for these apps as the number of VMs keep going up real time. In his session at 18th Cloud Expo, Dhiraj Sehgal, in product and marketing at Tintri, will discu...
Digital payments using wearable devices such as smart watches, fitness trackers, and payment wristbands are an increasing area of focus for industry participants, and consumer acceptance from early trials and deployments has encouraged some of the biggest names in technology and banking to continue their push to drive growth in this nascent market. Wearable payment systems may utilize near field communication (NFC), radio frequency identification (RFID), or quick response (QR) codes and barcodes...
You think you know what’s in your data. But do you? Most organizations are now aware of the business intelligence represented by their data. Data science stands to take this to a level you never thought of – literally. The techniques of data science, when used with the capabilities of Big Data technologies, can make connections you had not yet imagined, helping you discover new insights and ask new questions of your data. In his session at @ThingsExpo, Sarbjit Sarkaria, data science team lead ...
In his session at 18th Cloud Expo, Sagi Brody, Chief Technology Officer at Webair Internet Development Inc., will focus on real world deployments of DDoS mitigation strategies in every layer of the network. He will give an overview of methods to prevent these attacks and best practices on how to provide protection in complex cloud platforms. He will also outline what we have found in our experience managing and running thousands of Linux and Unix managed service platforms and what specifically c...
SYS-CON Events announced today that Fusion, a leading provider of cloud services, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Fusion, a leading provider of integrated cloud solutions to small, medium and large businesses, is the industry's single source for the cloud. Fusion's advanced, proprietary cloud service platform enables the integration of leading edge solutions in the cloud, including cloud...
In his session at @ThingsExpo, Chris Klein, CEO and Co-founder of Rachio, will discuss next generation communities that are using IoT to create more sustainable, intelligent communities. One example is Sterling Ranch, a 10,000 home development that – with the help of Siemens – will integrate IoT technology into the community to provide residents with energy and water savings as well as intelligent security. Everything from stop lights to sprinkler systems to building infrastructures will run ef...
SYS-CON Events announced today that Peak 10, Inc., a national IT infrastructure and cloud services provider, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Peak 10 provides reliable, tailored data center and network services, cloud and managed services. Its solutions are designed to scale and adapt to customers’ changing business needs, enabling them to lower costs, improve performance and focus inter...
SYS-CON Events announced today that SoftLayer, an IBM Company, has been named “Gold Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. SoftLayer, an IBM Company, provides cloud infrastructure as a service from a growing number of data centers and network points of presence around the world. SoftLayer’s customers range from Web startups to global enterprises.
So, you bought into the current machine learning craze and went on to collect millions/billions of records from this promising new data source. Now, what do you do with them? Too often, the abundance of data quickly turns into an abundance of problems. How do you extract that "magic essence" from your data without falling into the common pitfalls? In her session at @ThingsExpo, Natalia Ponomareva, Software Engineer at Google, will provide tips on how to be successful in large scale machine lear...
SYS-CON Events announced today that DatacenterDynamics has been named “Media Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY. DatacenterDynamics is a brand of DCD Group, a global B2B media and publishing company that develops products to help senior professionals in the world's most ICT dependent organizations make risk-based infrastructure and capacity decisions.
Between the mockups and specs produced by analysts, and resulting applications built by developers, there exists a gulf where projects fail, costs spiral, and applications disappoint. Methodologies like Agile attempt to address this with intensified communication, with partial success but many limitations. In his session at 18th Cloud Expo, Charles Kendrick, CTO & Chief Architect at Isomorphic Software, will present a revolutionary model enabled by new technologies. Learn how business and devel...