Copyright and Patents (Score 1)

That would be true if this were a Copyright issue where a "clean room" implementation is OK. (This was the big issue for BSD in "cleaning up the code" to allow it to be released under the BSD license without any encumberance from the original (AT&T?) Unix license. It's also why Linus was able to GPL Linux.) A patent is on the IDEA, so implementing it your own way doesn't protect you. B&N have three options that I can see: 1) Defend on that basis that they didn't violate the patent by proving they didn't use the idea of a one click checkout, 2) Defend on the basis that the patent is spurious and the idea obvious, or 3) License the "1-Click" idea from Amazon (Amazon might actually show a profit from this).