A U.S. Court of Appeals for the Federal Circuit judge upheld a ruling that the e-commerce firm is not infringing on Express Mobile’s patents, and awarded costs to Shopify. (The Logic)
Talking point: In 2019, Shopify sued Express, a small California firm that has sued dozens of large software companies, after receiving a letter from Express’s lawyer accusing it of patent infringement. In 2022, a Delaware jury awarded Express US$40 million after finding Shopify infringed on three of its patents. Shopify appealed the jury’s decision and a U.S. court overturned it in 2024. Monday’s ruling is the result of Express’s appeal of that decision. Shopify’s executives celebrated the ruling on social media. “They wanted a quick settlement,” said COO Jess Hertz, “We gave them a fight, and won.” CEO Tobi Lütke called the case “gratifying.” Express did not immediately respond to a request for comment.
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