The patent lacked the novel factor, as the optimized sales process
was already being used by companies selling other products online
and had core elements that were used by the brick and mortar store
on a daily basis (Kubasek et al, 2020). I agree with the judge's
decision to invalidate the patent because in addition to not being a
new idea, it had a monopolistic impact on the sale of shoes online.
The judge understood that even though the defendant infringed on
the patent, the patent itself not only was not now, but could be
something that anyone could eventually do which contradicts the
validity of a patentable idea. The implementation of an optimized
online shoe shopping experience is something that a person with
knowledge of in the trade, which in this case online marketing and
development field could have easily discovered (Kubasek et al,
2020).
