October 01, 2014 2:08 PM ET

Internet and Catalog Retail

Company Overview of Buy.Com, Inc.

Company Overview

Buy.Com, Inc., doing business as Rakuten.com Shopping, operates an online retail marketplace. It retails a range of products in the categories of computers and office products, clothing, shoes, jewelry, electronics, wine, food and gourmets, gifts, video games, books, movies, music, home and household products, health and beauty care products, toys and baby products, and sports goods and bags through an e-commerce site. The company was founded in 1997 and is headquartered in Aliso Viejo, California. As of July 23, 2010, Buy.Com, Inc. operates as a subsidiary of Rakuten USA, Inc.

85 Enterprise

Suite 100

Aliso Viejo, CA 92656

United States

Founded in 1997

115 Employees

Phone:

949-448-5400

Fax:

949-448-5410

Key Executives for Buy.Com, Inc.

Chief Executive Officer
President and Chief Operating Officer
Senior Vice President of Finance and Accounting
Chief Technology Officer
Director of Business Development
Compensation as of Fiscal Year 2014.

Buy.Com, Inc. Key Developments

H-W Technology, L.C. Files Patent Infringement Action Against Apple and Several Other Defendants Including Amazon and Buy.com

H-W Technology, L.C. filed a patent infringement action against Apple and several other defendants including Amazon and Buy.com. H-W alleged that it had ownership of U.S. Patent No. 7,525,955, entitled internet protocol phone with search and advertising capability the 955 patent. The 955 patent is directed to systems and methods of using a multi-convergence device, including phones commonly referred to as smart phones, which are able to converge voice and data within a single terminal, and which allow users of such devices via domain specific applications to receive information and offers from merchants and to complete a transaction with one of said merchants without having to generate a phone call. The defendants argued that claims 1 and 17 of the patent were indefinite and invalid under 35 U.S.C. 112, paragraph 2, for combining two statutory classes of invention within a single claim. The defendants also asserted that claim construction was not necessary to rule on the motion to dismiss because H-W had not included any argument in its claim construction briefs regarding the subject-matter class covered by the claim language at issue. H-W asserted that the validity of its patent claims had to be considered on summary judgment context, with the benefit of claim construction and expert discovery, and not on a motion to dismiss. The district court agreed with H-W, finding that at least one court in this district has held that claim indefiniteness is a matter which is more appropriately addressed through summary judgment. See Mannatech, Inc. v. TechMedia Health, Inc., No. 3:06-CV-00813-P, 2009 WL 3614359, at 15 (N.D. Tex. Oct. 29, 2009) (determination of claim indefiniteness is not appropriate at the claim construction stage because a court must first attempt to determine what a claim means before it can determine whether the claim is invalid for indefiniteness). Another court in this circuit has refused to consider validity arguments even on a summary judgment motion, reasoning that claim construction had not yet occurred. See Innovention Toys, LLC v. MGA Entm't, Inc., No. 07-6510, 2009 WL 424398, at 8 (E.D. La. Feb. 19, 2009) '[I]t is incumbent on a court to set forth its construction of any disputed terms before making findings on validity unless the court determines that the resolution of claim construction would not impact its ruling. The defendants also contended that H-W had failed to plead sufficient facts to support a claim for direct infringement under 35 U.S.C. 271(a). As explained by the district court, "[a]s in their first motion, Defendants again argue that claim 9 is a method claim with steps requiring performance by at least two parties. They contend that to succeed on its direct infringement claim, Plaintiff must make joint infringement allegations against the defendants- and that it has not done so. (Docs. 195 at 15-17; 391 at 2-3.) Defendants contend that a cognizable claim of joint infringement requires identification of a second party and an allegation that each defendant exercises control over the second party through an agency or contractual relationship. Contrary to the defendants' assertion, H-W maintained that the method may be performed by a single party and that the court cannot properly decide Defendants' motion without engaging in claim construction. H-W therefore contended that the Defendants' motion was premature and should also be denied on grounds that the Court had not yet issued its claim construction ruling.

Rakuten.com Presents at Mobile Commerce World Conference 2013, Jun-25-2013 10:10 AM

Rakuten.com Presents at Mobile Commerce World Conference 2013, Jun-25-2013 10:10 AM. Venue: Palace Hotel, 2 New Montgomery St., San Francisco, CA 94105, United States. Speakers: Roger Andelin, President, CTO.

Buy.Com, Inc. Announces the Launch of BuyTV Services, a Video Production Company

Buy.Com, Inc. announced the launch of BuyTV Services, a video production company that produces professional quality videos for businesses and merchants. The videos provide businesses with a platform to intimately connect with their customers by creating rich content that highlights their brand personality and further differentiates online businesses in an increasingly competitive digital marketplace. BuyTV is based at the Rakuten Buy.com headquarters in Aliso Viejo Southern California. The head office includes a full recording studio offering high quality video recording facilities and a production team onsite. The team is also available to travel to events across North America and its video services include, but are not limited to: product demonstrations, live event showcases, company profile overviews and interviews, general corporate showreels, as well as brand-boosting sizzle reels.

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