July 13, 2010
IPWatchdog.com's article, "eBay's PayPay Sued for $11.4 Billion for Patent Infringement," reviewed the timeline of events, which led to XPRT's complaint against the well-known auction company. It noted XPRT is represented by Kelley Drye & Warren, with attorney Thomas B. Kinzler "leading the charge."
The writer explained that the complaint seeks $3.8 billion in damages at a minimum but also seeks triple damages as a result of willful infringement. On that basis, the writer calculated the total damages to be at least $11.4 billion. The article also referenced Kelley Drye's successful representation of Triantafyllos Tafas in his claims against the USPTO in another IP case.
"This case entails not only patent infringement assertions with respect to claims found in a total of six patents, but also trade secret theft. What makes this case particularly egregious is the allegation that eBay incorporated our client XPRT's inventive concepts into one of eBay's own patent applications without reference to XPRT's own patent filings. Claims of this patent application were later rejected multiple times based on XPRT's own patent applications without eBay being able to show earlier invention of such concepts."
The writer analyzed the complaint as "well prepared, the facts well chronicled and intended to demonstrate to eBay that facts and circumstances of eBay operations are well known ... There is a perception that being so specific with details early on in a litigation can signal to the defendant that the plaintiff has done an enormous amount of homework and is in the fight for the long haul ..."
To read a copy of the article, click here.