On October 21, 1999, Amazon.com, the plaintiff, filed a complaint alleging patent infringement by the defendants, Barnesandnobles.com Inc., and Barnesandnoble.com LLC. The patent in question is the United States patent no. 5,960,411.

The ‘411 patent describes a method and system in which a consumer can purchase an item through the internet using only a single click of a computer mouse button once the information identifying the item is displayed to the consumer. This method and system is only applicable in situations where a retailer already has in it’s files the various infor-ma-tion about the purchaser (such as an address or credit card number) and the location of the purchaser’s client system (a personal computer), which enables the retailers to identify the purchaser.

Amazon.com alleges the defendants "express lane" ordering feature infringes the various claims of the ‘411 patent. Amazon.com filed a motion for a preliminary injunc-tion to enjoin Barnesandnoble.com from infringing the 411 patent. The trial began on November 16, 1999 and was conducted over a five-day period. The defendants placed particular emphasis that the ‘411 patent is invalid and that the "express lane" feature does not infringe any claims in the ‘411 patent. Defendants also suggested that the ‘411 patent is unenforceable. In addition, the defendants argued that Amazon.com could not demon-strate irreparable harm, that the balance of hardships did not tip in Amazon.com’s favor, and that the public interest would not be served by issuance of a preliminary injunction.

In conclusion, the courts found that the plaintiff demonstrated: (1) a reasonable likelihood of success on the merits at trial; (2) it would suffer irreparable harm if the preliminary injunction was not granted; (3) the balance of hardships tipped in its favor; and (4) the preliminary injunction is in the interest of the public. Although the defense raised a number of good points concerning the validity of the patent and infringement of the patent, the plaintiff has shown that the defenses asserted by the defendant lack substantial merit. Therefore, the court hereby grants the plaintiff’s motion for a preliminary injunction.

The preliminary injunction was effective on Saturday, December 4, 1999 and upon Amazon.com’s filing, an undertaking in the sum of $10,000,00 that shall remain in effect while this action is pending. The defendants may, however, continue to offer the "express lane" feature if the feature is modified in a manner that is consistent with this order to avoid infringement of the ‘411 patent.