Online retailers win a court case against the holder of a web shopping cart patent

February 13, 2015 05:09 PM

(Bloomberg)—Avon Products Inc. and Victoria’s Secret Direct Brand Management LLC won an appeal tossing a jury verdict against them that had concluded they infringed patents for Soverain Software’s patents for virtual shopping carts, a federal appeals court ruled.

Soverain Software LLC’s patents were previously found to be invalid and the issue cannot be revisited, the U.S. Court of Appeals for the Federal Circuit said in an opinion.

The court on Jan. 22 invalidated patents in a case Soverain filed against Newegg Inc. The court said two patents were an obvious variation of technology developed by CompuServe, and a third was deemed invalid on other obviousness grounds. The January ruling benefited dozens of companies sued by Soverain over the patents, including Oracle Corp., IBM Corp., EBay Inc., Best Buy Co., Bloomingdales Inc., J. Crew, Kohls, Macy’s, Office Depot Inc., Radioshack, and Home Depot.

Soverain should not get a second chance to argue the validity of the patents after the earlier ruling, the Federal Circuit wrote in this week’s opinion.

The jury had awarded $8.7 million against Avon, and $9.2 million against Victoria’s Secret at the trial in their case.

The case is Soverain LLC v. Victoria’s Secret, 12-cv-1649, U.S. Court of Appeals for the Federal Circuit (Washington).




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