Apple, HP sued over online build-to-order systems

“A Texas company called Clear With Computers is suing Apple and HP over their configuration system for custom orders, as well as the companies’ parts inventory systems,” Justin Berka reports for Ars Technica.

“Conveniently filed in the ‘rocket docke’ Eastern District of Texas, the suit alleges that the companies are infringing on patents 5,615,342 and 5,367,627, which essentially cover a system for preparing price quotes, and an electronic parts catalog. From a quick skim, the patents seem to only vaguely resemble the current Apple build-to-order process, and it’s also worth noting that the patent talks about companies printing out quotes rather than fulfilling orders electronically,” Berka reports.

Full article here.

Clear With Computers, LLC v. Apple, Inc., et al. via Justia Docs here.

[Thanks to MacDailyNews Reader “Lurker_PC” for the heads up.]

39 Comments

  1. How much *true* innovation, from companies that actually ship products, is destroyed or significantly dampened by companies like this who do nothing but stock up on patents with no intention of actually making any products?

    The patent system was invented as a means of protecting *inventions* – how is a nebulous description of a fairly obvious idea an “invention”? When’s the last time you read a news story about a patent lawsuit, where you felt the suing party actually had a fair case?

    Our patent system is loooooooooong overdue for reforms necessary to bring it into the 21st century. And patents like this, along with software patents, need to be the first to go.

  2. 5,615,342 is for a “system queries a user to determine a customer’s needs and interests. Based upon the answers to the queries, the system selects the appropriate picture and text building blocks to fill in proposal templates.”

    Apple Store does not uses such queries. It offers a list of choices that users can select. And, as someone mentioned, the system does not “print the completed proposal templates to provide the user with a customized, printed proposal that describes features and benefits of a product, in a particular environment, that are of interest to the customer who is to receive the proposal.”

    5,367,627 gives you a selection to choose from, but it is fro sales training and sales assistance. Based on the description, they might have better luck suing Fry’s or Ingram Micro rather than Apple and hp.

  3. oh no my shorts: I think frivolous lawsuits should be punishable by imprisonment, having your pecker whacked off, or both.

    The problem is not with the lawsuit. Anyone holding a valid patent has the right to sue to protect the patent. The problem lies in granting a valid patent. Patents are not supposed to be issued for something trivial or obvious. The patent system is broken and the USPTO needs to be reformed. Also the patents should be audited to remove stupidly granted patents and their examiners should be whacked with a big stick. As it is, the patent system works contrary to why the patent system was established in the first place because it is interfering with progress.

  4. Aside from the merits of this and the patent system that allows it (as in NO MERIT)… I can’t help but smell a legal strategy.

    It is fishy suing HP and Apple… but not the 800 lb gorilla of build-to-order, and company on the other side of the state.

    There are many times when I am struggling with yet another frustrating, can’t find but must fix software bug that I think I could have had a nice (though socially unproductive) life as a patent lawyer.

  5. What we really need is a Patents & Trademarks Court for which Federal Courts only have appellate jurisdiction. The PTC should be able work with the PTO on the validity of any patent, the merits of the case, and appropriate judgments for violations.

  6. Lawsuits such as this one are one of the major reason we pay a lot more than we should for a lot of products in the US. How many time have we read on MDN alone stories of greedy ba$tard$ suing apple for patent infringement. I wonder what Apple’s legal budget is for cases such as this. How much does it spend a year on lawyers and legal fees? At this point I’d vote for Obama or McCain if one of them would actually reform our legal system and put an end to ridiculous lawsuits such as this one against Apple. Actually if one of the candidates could do this he might not even have to come up with a plan for health care reform. Fixing our (I’m and American living in Europe) messed up legal system might make health care more affordable again…

  7. Hahah yeah, umm if you are going to sue over build-to-order systems you really are fishy when you are not suing the one company that makes a VAST majority of its sales via its on-line build to order system… I wonder if this company holds a lot of Dell stock trying to bump your stock pricing up being you don’t actually sell anything of value on your own?

    Magic word: “Lost”, Like boy this lawsuit is a lost cause…

  8. I’m sueing because they use the same Push-Pull knob that I do: Push-Pull, Push-Pull, Push-Pull — Oh yeah baby, keep it up – Push-Pull, Push-Pull. What a freakin litigious orgy our society has become – Truly disgusting and unscroupulous.

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