Groupon filed its lawsuit on Monday with the federal court in its hometown of Chicago, two months after IBM accused Groupon of patent infringement in a separate lawsuit.

“IBM is trying to shed its status as a dial-up-era dinosaur” by infringing the rights of “current” technology companies such as Groupon, according to Groupon spokesman Bill Roberts.

The latest lawsuit concerns IBM’s WebSphere Commerce platform, which Groupon said lets merchants send messages to customers with GPS-enabled devices based on their real-time locations, and their use of social media including Facebook.

Groupon said the platform infringes a December 2010 patent, and that it deserves royalties based on the “billions of dollars” of revenue that Armonk, New York-based IBM has received through its infringement.

“IBM, a relic of once-great 20th Century technology firms, has now resorted to usurping the intellectual property of companies born this millennium,” Groupon said in its lawsuit.

On March 2, IBM accused Groupon in a federal lawsuit in Delaware of infringing four patents, including two related to Prodigy, a late-1980s forerunner to the Internet.

“Over the past three years, IBM has attempted to conclude a fair and reasonable patent license agreement with Groupon, and we are disappointed that Groupon is seeking to divert attention from its patent infringement by suing,” Shelton said.

The Chicago case is Groupon Inc v International Business Machines Corp, U.S. District Court, Northern District of Illinois, No. 16-05064. The Delaware case is International Business Machines Corp v Groupon Inc, U.S. District Court, District of Delaware, No. 16-00122.

Source-http://www.thegurureview.net/aroundnet-category/groupon-gets-into-patent-fight-with-ibm.html

Groupon has built its business model on the use of IBM’s patents, according to the complaint filed Wednesday in the federal court for the District of Delaware. “Despite IBM’s repeated attempts to negotiate, Groupon refuses to take a license, but continues to use IBM’s property,” according to the computing giant, which is asking the court to order Groupon to halt further infringement and pay damages.

IBM alleges that websites under Groupon’s control and its mobile applications use the technology claimed by the patents-in-suit for online local commerce marketplaces to connect merchants to consumers by offering goods and services at a discount.

About a year ago, IBM filed a similar lawsuit around the same patents against online travel company Priceline and three subsidiaries.

To develop the Prodigy online service that IBM launched with partners in the 1980s, the inventors of U.S. patents 5,796,967 and 7,072,849 developed new methods for presenting applications and advertisements in an interactive service that would take advantage of the computing power of each user’s PC and reduce demand on host servers, such as those used by Prodigy, IBM said in its complaint against Groupon.

“The inventors recognized that if applications were structured to be comprised of ‘objects’ of data and program code capable of being processed by a user’s PC, the Prodigy system would be more efficient than conventional systems,” it added.

Groupon is also accused of infringing U.S. Patent No.5,961,601, which was developed to find a better way of preserving state information in Internet communications, such as between an online merchant and a customer, according to IBM. Online merchants can use the state information to keep track of a client’s product and service selections while the client is shopping and then use that information when the client decides to make a purchase, something that stateless Internet communications protocols like HTTP cannot offer, it added.

Source- http://www.thegurureview.net/aroundnet-category/ibm-files-patent-infringement-lawsuit-against-groupon.html