Kate Hudson（凱特.哈德森，最新演過"2016怒火地平線"）與人於2013年開始一間運動休閒公司Fabletics。
（影像來源：http://www.fabletics.com/）
在2016年，Fabletics被知名的NPE（Landmark Technology LLC (“Landmark”) and its predecessor, PanIP LLC (“PanIP”)）盯上，在法院提出侵權告訴，系爭專利為US6,289,319，（另有US7,010,508），涉及電子商務的技術。
US6,289,319請求項1界定一個商業與金融交易的自動數據處理系統，系統包括中央處理器，其中以功能手段用語來描述，包括接收各點交易資訊、儲存資訊的手段，另有終端程序，包括連結系統、輸入資訊、儲存、傳送、輸出、控制等程序，使得系統的中央處理器回應這些終端的資訊。
1. An automatic data processing system for processing business and financial transactions between entities from remote sites which comprises:
a central processor programmed and connected to process a variety of inquiries and orders transmitted from said remote sites;
said central processor including:
means for receiving information about said transactions from said remote sites;
means for retrievably storing said information;
at least one terminal at each of said remote sites including a data processor and operational sequencing lists of program instructions;
means for remotely linking said terminal to said central processor and for transmitting data back and forth between said central processor and said terminal;
said terminal further comprising means for dispensing information and services for at least one of said entities including:
a video screen;
means for holding operational data including programing, informing, and inquiring sequences of data;
means for manually entering information;
means for storing information, inquires and orders for said transactions entered by one of said entities via said means for manually entering information, and data received through and from said central processor;
on-line means for transmitting said information, inquiries, and orders to said central processor;
on-line means for receiving data comprising operator-selected information and orders from said central processor via said linking means;
means for outputting said informing and inquiring sequences on said video screen in accordance with preset routines and in response to data entered through said means for entering information;
means for controlling said means for storing, means for outputting, and means for transmitting, including means for fetching additional inquiring sequences in response to a plurality of said data entered through said means for entering and in response to information received from said central processor;
said informing sequences including directions for operating said terminal, and for presenting interrelated segments of said operational data describing a plurality of transaction operations;
said programming sequences including means for interactively controlling the operation of said video screen, data receiving and transmitting means; and for selectively retrieving said data from said means for storing;
said means for storing comprising means for retaining said operational sequencing list and means responsive to the status of the various means for controlling their operation;
said central processor further including:
means responsive to data received from one of said terminals for immediately transmitting selected stored information to said terminal; and
means responsive to an order received from a terminal for updating data in said means for storing;
whereby said system can be used by said entities, each using one of said terminals to exchange information, and to respond to inquiries and orders instantaneously and over a period of time.
Fabletics/Kate Hudson收到侵權警告信，以訴訟威脅要求"和解"與"權利金"，於是Fabletics反擊，直指Landmark為專利流氓（patent troll，以訴訟為賺錢手段的Landmark已經涉及56件訴訟案），提出的專利無效與侵權不成立的確認之訴（Declaratory Judgment）：https://search.rpxcorp.com/litigation_documents/12289325
訴狀先聲明Claim 1為抽象而不符35U.S.C. 101規定的發明：
同樣提出前案主張系爭專利不具新穎性與非顯而易見性，包括因為請求項以功能手段用語描述軟體手段而沒有結構特徵，與一般目的電腦無異：
最後主張Fabletics不侵權。
my two cents:
這個反擊的訴狀可以成為一個被NPE威脅的範本之一。
看來系爭專利US6,289,319有一定的強度，曾經歷Ex Parte Reexamination而保有全部的專利項（檔案：https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd972678）。不過相對地，專利範圍卻是冗長、以功能手段來描述，並且看不到重點，這也可能是"造成困擾"的理由之一。
科技產業資訊室曾報導Landmark Technology LLC（直接稱它為專利流氓）以這件專利騷擾不少廠商：http://cdnet.stpi.narl.org.tw/techroom/pclass/2010/pclass_10_A116.htm
資料參考：
http://www.thefashionlaw.com/home/kate-hudsons-fabletics-fired-back-at-alleged-patent-troll
Ron
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