July 13, 2010
Forbes.com reported on XPRT's complaint, alleging eBay's infringement of six patents relating to online payment systems.
The article stated: "Forbes could not reach eBay for comment, but lawyers for Kelley Drye & Warren -- the law firm bringing the suit on XPRT's behalf -- say the suit not only involves patent infringement but also the violation of trade secrets. ...
"According to the complaint, XPRT sent eBay a confidential patent application in 2001 that the auction giant later incorporated into its own patent application. 'I think the easiest evidence is that the patent office itself has rejected many of the claims based on XPRT's own patents and patent applications,' says Steve Moore, a lawyer representing XPRT."
The article noted that the $3.8 billion damages claim is based on a six percent "reasonable minimum royalty rate" of eBay's PayPal transaction revenues. Partner Thomas B. Kinzler is representing XPRT.