US patent #6,799,165

[freya]

I just received a letter from Digital Patent, LLC, owner of Boesjes, United States patent 6,799,165. These people are claiming that they own the patent for the way I am selling and delivering my ebooks and are trying to extort an insane amount of money from me. As I use Zen Cart, I am not sure how this can be. My understanding is that Zen Cart is open source.

Has anyone else been harassed by these people? Are they even legit?

BTW, they sent the letter to an address vacated some 7 years ago. My current business address is available on my website.

Here's a link to the US patent office with the patent information:

http://patft.uspto.gov/netacgi/nph-P...&RS=PN/6799165

Any advice would be appreciated. Oh, and the patent was filed in 1998.

Thanks,

Marci

[gjh42]

Sounds like they're claiming to have invented/patented a means of selling e-books etc. which includes all future developments of their general concept... So if they are legit, presumably *all* e-book sellers would be infringing, and if so, they would have gone after bigger businesses which could actually pay real damages. My guess would be that they are just trying to scare money out of more vulnerable small fish who can't afford high-powered lawyers.

[Kim]

I don't normally condone links to the other shopping cart's forum, but this same ruse has been going on for a number of years. Looks like you are being hit withthe latest version.

Please read this thread : forums.oscommerce.com/lofiversion/index.php?t26299-0.html

[Kim]

More information on the older rash - http://www.frommeyer.com/news-00.html

[johnga]

I would also report it to your local congress critter. They need to know that the out of control patent system is hurting thier constituent!

[freya]

Thank you for responding.

I am going to contact my representative and let them know what is going on, contact the local media, alert other epublishers about this as it's a truly lame patent, and ask a friend that I have who works as a lawyer in the patent and copyright office in Washington, D.C.

I have uploaded a copy of the letter for you to see.

Marci

[freya]

Another quick comment: PHP as a code was created prior to this patent. I wonder if that would have any weight in court. Maybe. Maybe not, but it would be interesting to see what my friend has to say.

Marci