Archive for the ‘Intellectual Property’ Category

Patent of the Quarter: Preemptively Convertible Gifts

Thursday, December 30th, 2010

We cannot end the quarter and year without highlighting a example of an invention which has such a long history of pent-up demand: converting unwanted gifts BEFORE getting them.
With a recently issued patent (7,831,439) inventors Bryar and Bezos (Assignee: Amazon Technologies, Inc.) purport to improve the gift giving/receiving experience through online shopping services by converting unwanted gifts into gift cards or chosen purchases, before receiving and, therefore, without the need to unpack, repack, and return such “unwanted gifts.”  In addition, some of the “impersonal” quality of giving “gift cards or cash” could be relieved by actually choosing to gift anything that appeals to the giver, knowing the recipient would always get a preferred gift.  From a Welfare Economics perspective, its a net Pareto improvement!

The first independent claim in the patent reads as follows:  1.  A computer-implemented data processing system comprising: a memory that stores gift conversion rules; and a processor in communication with the memory that: generates a user interface configured to permit a gift sender to order a product as a gift for a gift recipient via a network service; and executes gift conversion logic that permits the gift recipient to specify the gift conversion rules, wherein the gift conversion rules specified by the gift recipient define a manner in which gifts purchased for the gift recipient may be automatically converted, wherein at least one gift conversion rule identifies the gift sender who has ordered a product as a gift for the gift recipient, such that whether the gift is converted is determined based at least in part on the identity of the gift sender specified in the at least one gift conversion rule.

As in most types of innovation, Amazon could monetize this patent by increasing its market share as the exclusive provider of what could be characterized as “preemptively convertible gifts” or by licensing the patent across the online retail world.

The disclosures and claims in the patent come complete with the discussion of the ancillary concepts of “gift conversion logic” and “gift conversion rules,” as well as their configuration by the user through a dedicated GUI.   However, further analysis is needed to fully explore if the  technology known as “Re-Gifting” should have been cited as prior art.

More seriously, the disclosure of a relatively detailed “conversion rules engine” should be pointed out as an example of software-based business method patents that are evidently patentable subject matter, as  IPwatchdog Gene Quinn observed in his blog.

Apple, Pandora, The Weather Channel, and others in privacy class action suit

Wednesday, December 29th, 2010

Just before Christmas Apple, Inc, Backflip, Dictionary.Com, Pandora, Inc, and The Weather Channel were the named defendants in a class action lawsuit filed  by Jonathan Lalo, through the KamberLaw, LLC firm.  The complaint points to the alleged responsibility of the device maker and gatekeeper of the App Store for allowing applications for the iPhone and iPad to transmit, without consent, users’ personal information to advertising networks, and also names some of the prominent applications as the main perpetrators.

The central allegation in this class action is the collection and sale by the accused applications of user-identifying information such as their location, age, gender, income, ethnicity, sexual orientation and political views.  Ultimately, these are claims of computer fraud and invasion of privacy.  For example, under the 1984 Computer Fraud and Abuse Act,

the unauthorized access of a computer to obtain protected financial or credit information is a criminal act.  Other federal laws may come into play as the case develops, such as the 1986 Electronic Communications Privacy Act, the 2002 Cyber Security Enhancement Act, as well as civil penalties under the Digital Millennium Copyright Act.

Mainstream media attention to this phenomenon hit a high note earlier this month when  Scott Thurm and Yukari Iwatani Kane published their report “Your Apps Are Watching You” on the Wall Street Journal.  Joel Rosenblatt, writing for Bloomberg|BusinessWeek, has also reported on the lawsuit.


Case Info: 5:10-cv-05878-PSG Lalo v. Apple, Inc et al (Filed 12/23/2010) U.S. District Court – Northern District of  California.