Squarespace was successful in having one of the claims against it dropped in a patent lawsuit involving its website creator.
In September of last year, web 2.0 and mobile technology company Express Mobile sued some of the biggest names in the ecommerce and tech industry, including Atlassian, Dropbox, eBay, Expedia, Facebook , Google, HubSpot, Microsoft and of course, Square Space.
According to the lawsuits, Express Mobile founder, president and CTO as well as XMO founder and president Steven H. Rembpell developed the patents and technology at the center of these lawsuits in the late 1990s. From his inventions, XMO now holds key foundational patents covering methods of What You See Is What You Get (WYSIWYG) website development and the integration of web services into web and mobile solutions.
In one Press release since last year, Rembpell has provided additional information on the lawsuits that are currently being decided by the courts, saying:
âI am a longtime inventor and have been developing software technologies globally for companies for almost 50 years. We don’t want to prevent defendants or anyone else from using our patents – we just want to be paid a royalty. fair.”
Squarespace Patent Suit
As reported by Law360, Squarespace is able to evade part of the patent lawsuit thanks to U.S. District Judge Richard G. Andrews who granted the company’s request to dismiss Express Mobile’s claims of induced, contributory and infringement voluntary of one of his five patents.
However, Squarespace was unable to evade direct infringement claims by arguing that the complaint did not adequately demonstrate how its website building platform met claims limits. Instead, Justice Andrews agreed with Express Mobile that Squarespace was “prematurely looking for detailed violation allegations” that were unnecessary at the current stage of the case.
At the same time, Justice Andrews also upheld Express Mobile’s shared infringement allegation in the case by dismissing Squarespace’s claims that the complaint showed no “direction or control” or “joint venture” between it and third-party users.
Express Mobile’s lawsuit against Squarespace as well as the other ecommerce and tech companies is still ongoing and we’ll likely know more as it progresses.
Going through Law360