Amazon Takes a Unique Defense to Patent Infringement

Submitted by General Patent on Wed, 03/25/2015 - 19:17

When you last signed up for something online, and you were supposed to read all the Terms and Conditions and then click “Agree,” how many of you actually read the whole thing? How about maybe never? Well, Amazon must have relied on that.

Amazon’s defense against a patent infringement lawsuit filed by Appistry Inc. is that back in 2011, an employee at Appistry clicked that he or she “agreed” with Amazon’s Terms and Conditions that include “During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings you have used.”