MercExchange Versus EBay Patent Dispute: A View of a Computer Scientist

Professor Ophir Frieder

IITRI Chair Professor of Computer Science and the Director of the Information Retrieval Lab

Illinois Institute of Technology

Abstract

A patent is a means for an inventor to claim intellectual property protection for non-obvious improvements to the state of the art. There are many types of patents including the controversial "business method" patents. Business method patents describe a so-called "business approach" in contrast to say a novel device. Since their inception, business method patents were and are the target of much criticism. In this talk, I overview the recent MercExchange versus Ebay patent infringement suit. The patents in issue are examples of business method patents, and the fact that this case even went to trial strengthens the case for such patents. I focus on the technical issues rather than on other aspects of this case. All views presented are those of a computer scientist. No intellectual property background is assumed.

Bio

Dr. Ophir Frieder is the IITRI Chair Professor of Computer Science and the Director of the Information Retrieval Laboratory at the Illinois Institute of Technology. He often consults for governmental and industrial organizations, and has served as the lead technical expert witness is several intellectual property disputes. In 1993, he was a recipient of the International Information Science Foundation Award from Japan and the NSF National Young Investigator Award. Dr. Frieder is a Member of the ACM and a Fellow of the IEEE and the AAAS.