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
To Really Work for Enterprises, MultiCloud Adoption Requires Far Better and Inclusive Cloud Monitoring and Cost Management … But How? Overwhelmingly, even as enterprises have adopted cloud computing and are expanding to multi-cloud computing, IT leaders remain concerned about how to monitor, manage and control costs across hybrid and multi-cloud deployments. It’s clear that traditional IT monitoring and management approaches, designed after all for on-premises data centers, are falling short in ...
Without lifecycle traceability and visibility across the tool chain, stakeholders from Planning-to-Ops have limited insight and answers to who, what, when, why and how across the DevOps lifecycle. This impacts the ability to deliver high quality software at the needed velocity to drive positive business outcomes. In his general session at @DevOpsSummit at 19th Cloud Expo, Eric Robertson, General Manager at CollabNet, will discuss how customers are able to achieve a level of transparency that e...
It is ironic, but perhaps not unexpected, that many organizations who want the benefits of using an Agile approach to deliver software use a waterfall approach to adopting Agile practices: they form plans, they set milestones, and they measure progress by how many teams they have engaged. Old habits die hard, but like most waterfall software projects, most waterfall-style Agile adoption efforts fail to produce the results desired. The problem is that to get the results they want, they have to ch...
"Venafi has a platform that allows you to manage, centralize and automate the complete life cycle of keys and certificates within the organization," explained Gina Osmond, Sr. Field Marketing Manager at Venafi, in this SYS-CON.tv interview at DevOps at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
"We're focused on how to get some of the attributes that you would expect from an Amazon, Azure, Google, and doing that on-prem. We believe today that you can actually get those types of things done with certain architectures available in the market today," explained Steve Conner, VP of Sales at Cloudistics, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
For far too long technology teams have lived in siloes. Not only physical siloes, but cultural siloes pushed by competing objectives. This includes informational siloes where business users require one set of data and tech teams require different data. DevOps intends to bridge these gaps to make tech driven operations more aligned and efficient.
Organizations planning enterprise data center consolidation and modernization projects are faced with a challenging, costly reality. Requirements to deploy modern, cloud-native applications simultaneously with traditional client/server applications are almost impossible to achieve with hardware-centric enterprise infrastructure. Compute and network infrastructure are fast moving down a software-defined path, but storage has been a laggard. Until now.
Without a clear strategy for cost control and an architecture designed with cloud services in mind, costs and operational performance can quickly get out of control. To avoid multiple architectural redesigns requires extensive thought and planning. Boundary (now part of BMC) launched a new public-facing multi-tenant high resolution monitoring service on Amazon AWS two years ago, facing challenges and learning best practices in the early days of the new service.
DXWorldEXPO LLC announced today that the upcoming DXWorldEXPO | CloudEXPO New York event will feature 10 companies from Poland to participate at the "Poland Digital Transformation Pavilion" on November 12-13, 2018.
Digital Transformation is much more than a buzzword. The radical shift to digital mechanisms for almost every process is evident across all industries and verticals. This is often especially true in financial services, where the legacy environment is many times unable to keep up with the rapidly shifting demands of the consumer. The constant pressure to provide complete, omnichannel delivery of customer-facing solutions to meet both regulatory and customer demands is putting enormous pressure on...
The best way to leverage your CloudEXPO | DXWorldEXPO presence as a sponsor and exhibitor is to plan your news announcements around our events. The press covering CloudEXPO | DXWorldEXPO will have access to these releases and will amplify your news announcements. More than two dozen Cloud companies either set deals at our shows or have announced their mergers and acquisitions at CloudEXPO. Product announcements during our show provide your company with the most reach through our targeted audienc...
With 10 simultaneous tracks, keynotes, general sessions and targeted breakout classes, @CloudEXPO and DXWorldEXPO are two of the most important technology events of the year. Since its launch over eight years ago, @CloudEXPO and DXWorldEXPO have presented a rock star faculty as well as showcased hundreds of sponsors and exhibitors!
In an era of historic innovation fueled by unprecedented access to data and technology, the low cost and risk of entering new markets has leveled the playing field for business. Today, any ambitious innovator can easily introduce a new application or product that can reinvent business models and transform the client experience. In their Day 2 Keynote at 19th Cloud Expo, Mercer Rowe, IBM Vice President of Strategic Alliances, and Raejeanne Skillern, Intel Vice President of Data Center Group and ...
In his Opening Keynote at 21st Cloud Expo, John Considine, General Manager of IBM Cloud Infrastructure, led attendees through the exciting evolution of the cloud. He looked at this major disruption from the perspective of technology, business models, and what this means for enterprises of all sizes. John Considine is General Manager of Cloud Infrastructure Services at IBM. In that role he is responsible for leading IBM’s public cloud infrastructure including strategy, development, and offering m...
More and more brands have jumped on the IoT bandwagon. We have an excess of wearables – activity trackers, smartwatches, smart glasses and sneakers, and more that track seemingly endless datapoints. However, most consumers have no idea what “IoT” means. Creating more wearables that track data shouldn't be the aim of brands; delivering meaningful, tangible relevance to their users should be. We're in a period in which the IoT pendulum is still swinging. Initially, it swung toward "smart for smart...