James & Wells NZ Barristers and Solicitors (http://www.jaws.co.nz) are acting for
DE Technologies ( http://www.detechnologies.com )

DE Technologies are described at
http://www.globetechnology.com/servlet/GAMArticleHTMLTemplate?tf=globetechnology/TGAM/NewsFullStory.html&cf=globetechnology/tech-config-neutral&slug=WJFEAT&date=20021003

as "a tiny company in Montreal"  and the patent as
"a computer implemented process for carrying out an international commercial
transaction."

I hope this is not seen as off topic.  I am at a loss to say whether
this is an absurdity or a significant worry, but my firm has recently received
a legal fax from James & Wells claiming we are infringing DE
Technologies recently acquired NZ Patent.

In what looks like a mass produced demand they appear to require that
we "discuss" obtaining a license for three years for US $25,000 plus
1.15% of our and our customers' transactions, if we wish to continue
hosting web sites that take international orders.

The NZ version of the patent was obtained earlier this year.
Curiously the target of their attention happens to be a website of ours
that does not do actual orders itself but is just a portal, hence my guess
that this is part of an broad initial salvo in an attempt to create the
"pay up and avoid litigation" response.

I want to make contact with other operations who have received a license
and royalty demand under NZ Patent 505284 for large sums of money if
they wish to continue using basic international web shopping practices.
We can probably deflect the particular letter we have received, however
if the barristers involved are keen to search out sites that do have
some chance of coming under the patent then they should find a virtual
cornucopia, as they traverse the sites of your customers and ours.
Supposing they succeed in upholding their patent then their requirements
would claim a significant percentage of overheads of net traders looking to
continue having international ordering/transaction capabilities.

Obviously I am sorely disappointed that the NZ Patent Office is granting
patents of this kind, and am reviewing both political and legal options
for raising this issue in the public eye.  Alongside Microsoft's moves
to patent .Net APIs we are of course, seeing some serious challenges to
developer freedoms, and end user's integration choices, if the arena of
intellectual patents is not balanced with concern for open standards in
at least some of the world.

Well that is off topic now I am sure...   I am happy to set up a list
for discussing this issue if anyone else is interested, let me know
or point me to a pre-existing nz list on this matter.

Oh and I'll let you know when I have a patent on the process of running
an online charity auction to save ISPs sued by patent attorney's.. :)

regards
Robert

--
Robert Hunt                     phone +64-3-3645888
Managing Director               fax   +64-3-3645828
Plain Communications            roberth@plain.co.nz



_______________________________________________
Nznog mailing list
Nznog@list.waikato.ac.nz
http://list.waikato.ac.nz/mailman/listinfo/nznog