Amazon Strikes Back at IBM With Countersuit

A little less than two months after IBM sued Amazon over patent infringement, the web retailer has turned around and countersued Big Blue. Amazon says IBM misappropriated technology in order to enhance its own offerings.

The move could be seen as a defensive action in an attempt to gain leverage in negotiations between the two companies. According to IBM, the two sides have tried to work out an agreement since 2002, but have been unsuccessful thus far.

Amazon's claim, filed Thursday in Texas federal court, disputes IBM's version of events and said that it added up to IBM claiming to have "invented the internet," its lawyers said.

Five patents are included in the suit, and the retailer claims the technology is used in several of IBM's products, including its WebSphere offering. IBM is the world's leading patent holder, and makes about $1 billion annually in royalties alone.

IBM says it holds more than 40,000 patents worldwide, and has a long history of licensing its e-commerce patents with a variety of companies on fair terms. The five patents Amazon is accused of infringing upon have already been licensed to other large retailers.

Amazon did not say if it had licensed the patents in question to others.

Even though it is filing the suit, Amazon has not had much success in defending its own patents. Its "1-click" checkout system patent is being contested and is currently under review by the US Patent and Trademark Office for being too broad.