On Tuesday,
October 24, IBM filed in Texas federal court two
suits for patent infringement against Amazon Inc. While details of five patents
were not disclosed, one patent attracted particular interest: Patent US
5,319,542 - Ordering Items Using an Electronic Catalogue. Is it possible that
IBM challenges the famous “one-click order” patent of Amazon? In any case, if
the suit comes to trial, it will provide an opportunity to test not only the
validity of this particular patent, but more generally of “business methods”
patents, which have been highly controversial.
Many analysts
were surprised by the suit. Recently, IBM sought to project the image of a
company open to sharing of Intellectual Property and a champion of Open Source.
It is not an IP gladiator and litigator. On the other hand, the company is very
proud of its patent portfolio, the biggest in the world, and it seeks to
leverage it through an active licensing program. And stakes in the Amazon suits
are not negligible and could reach, according to IBM spokesman, “several
hundred million dollars.”
The most
interesting aspect of the suit is the market reaction. As far as Amazon
investors are concerned, it was a complete non-event. Their primary concern that
week were the quarterly results and next year prospects of the company. As
those were in line with expectations, Amazon’s stock rose all week, with a
major upside jump occurring on the day after the suit was announced, Wednesday
25. This market reaction is in marked contrast to semi-conductor, drug or
biotechnology companies, where a mere hint of a possible IP suit can send the
stock price diving. Market appears to believe that at this point, the core
strategic asset of Amazon is not its IP, as sophisticated as it can be, but
customer base and the operational mastery of its supply chain.