• After 15+ years, we've made a big change: Android Forums is now Early Bird Club. Learn more here.

And we are hosed... apple patent

Those drawings don't even come close to resembling a tablet or smart phone. And since Apple purchased the license from a third party they can't use it as prior art to demand exclusive rights to the technology. Depending on how much or how little the courts are impressed by the drawing, the best that Apple can hope for is a reasonable (meaning very small) royalty agreement.

The way I see it, the mere fact that Apple had to go purchase art from a third party is itself prima facie evidence that Apple does not own the concept. This could have the exact opposite effect that Apple had intended.

Time will tell.
 
If they own the patent (either through purchase from the originator or as the originator themselves) they have the rights to defend it and bring to court anyone infringing on that patent.

I am not a patent attorney, but it would just make sense that if you're going to buy a patent from someone (and not just license it for your own designs) you would be buying it to defend it in court if needed.

By your logic, any patent owned by any company that exists solely to buy patents then sue people that infringe on them is not defensible by the company that bought the patent. That's just not the case. There seriously are companies that exist JUST to buy patents then sue the pants off anyone that infringes on it, and they're profitable.
 
I don't think we're all that screwed, considering multi-touch has been around since 1984.

High-tech innovations are often developed by laboratory researchers long before they're introduced into the commercial market. Multitouch computing was no exception. According to Bill Buxton, a multitouch pioneer now at Microsoft Research, the first multitouch screen was developed at Bell Labs in 1984. Buxton reports that the screen, created by Bob Boie, "used a transparent capacitive array of touch sensors overlaid on a CRT." It allowed the user to "manipulate graphical objects with fingers with excellent response time."
In the two decades that followed, researchers experimented with a variety of techniques for building multitouch displays. A 1991 Xerox PARC project called the "Digital Desk" used a projector and camera situated above an ordinary desk to track touches. A multitouch table called the DiamondTouch also used an overhead projector, but its touch sensor ran a small amount of current through the user's body into a receiver in the user's chair. NYU researcher Jeff Han developed a rear-projection display that achieved multitouch capabilities through a technique called "frustrated total internal reflection."


You should give this a read, it's a good one.
If Android is a “stolen product,” then so was the iPhone | Ars Technica
 


Apple is getting really annoying with the patents if you ask me, I wish one of the judges would turn them down in their patent and tell them how ridiculous they are getting with some of the patents they are applying for.
 
Personally I say if your tired of the law suites send Apple a very clear message. Quit buying their crap, even if it is good. Simple product usage should not occur if they are going to try and stop anyone from inventing anything with out them trying to buy all the owning patents for it. I say Apple will get the message when people stop giving them money for their law suites and instead give them a place in line at the homeless shelter. What America needs is for a Judge to tell Apple You did not invent the Cell Phone so there for crawl back in your hole and stop your crying. However we need to be ready to do the same when the next person comes up and tries to use something we created. Hinse is why Open Source Rules. Give us choices, and stop the madness of making 1 person or 1 corporation rich. That is not spreading the wealth as much as it is crippling the rest of us.
 
I have started my little boycott of apple, I will no longer use any of my apple products, and I have uninstalled iTunes from my computer. Probably won't do much but hey its about the only thing I can think of to do.
 
perhaps google should shoot back and patent the pull down notifications bar which has recently been introduced into the iOS

Only problem is Licencing Difference. Google Licenced the whole android as an Open Source. So now Apple will "Borrow" from the code what it likes and hide it under the Copy righted stuff they have. Apple is an Evil Empire that needs to be avoided
 
If they own the patent (either through purchase from the originator or as the originator themselves) they have the rights to defend it and bring to court anyone infringing on that patent.

I am not a patent attorney, but it would just make sense that if you're going to buy a patent from someone (and not just license it for your own designs) you would be buying it to defend it in court if needed.

By your logic, any patent owned by any company that exists solely to buy patents then sue people that infringe on them is not defensible by the company that bought the patent. That's just not the case. There seriously are companies that exist JUST to buy patents then sue the pants off anyone that infringes on it, and they're profitable.
I think the bolded part sums up your argument.

Although I'm not a patent attorney, I've worked with IP lawyers in the past, and have a fair amount of knowledge from protecting my own IP.

No, Apple cannot buy the right to sue people into oblivion. Case closed.
 
Only problem is Licencing Difference. Google Licenced the whole android as an Open Source. So now Apple will "Borrow" from the code what it likes and hide it under the Copy righted stuff they have. Apple is an Evil Empire that needs to be avoided
Android is based on the Linux kernel, which has the GPL2 license. The importance of this is that, under the terms of the GPL license, anyone who uses Linux as the basis for their product must release the source code of their parts as well, in essence making it FOSS too.

Google chose the Apache license for Android. The Apache license differs from GPL (it depends a lot on the versions) in details, but is similar.

Although Linus Torvalds, owner of Linux, has done next to nothing to enforce any Linux patents, he still has every right to.

The bottom line to me is how much of my money is going into value for me vs. value for others. When I see a product that has a billion dollar advertising budget behind it, it's a safe bet to believe that all that ad money was taken away from the engineering and manufacturing budgets. Same thing for litigation. Given the choice, I'll buy the product that has the emphasis on the product, rather than on the game.
 
What's with all these bleak threads. Calm down people. lol

Exactly. A few months ago, it was all about Oracle auguring Android into the ground, and that didn't happen either.

SD - fyi, not based on the Linux kernel:

Android = Linux + Dalvik Virtual Machine + apps that run in the Dalvik and use Linux services

Not just the kernel - it's a full distribution of an embedded GNU/Linux. Install Terminal Emulator and see. ;)
 
Exactly. A few months ago, it was all about Oracle auguring Android into the ground, and that didn't happen either.

SD - fyi, not based on the Linux kernel:

Android = Linux + Dalvik Virtual Machine + apps that run in the Dalvik and use Linux services

Not just the kernel - it's a full distribution of an embedded GNU/Linux. Install Terminal Emulator and see. ;)

Why not just install debian/Linux alongside android? Winning! Back on topic though...

Just because of this patent thing that doesn't mean we're all doomed. We could pay a royalty fee (we as in the companies that make the phones) and be safe. Apple could be after that route anyway.

Think about it this way:

1 us dollar per us phone sold. There are how many phones sold per day? Lets say for a number...30,000. Now that's 30,000 a day for apple. Times per year...and well...you see where I am going.
 


Apple is getting really annoying with the patents if you ask me, I wish one of the judges would turn them down in their patent and tell them how ridiculous they are getting with some of the patents they are applying for.
I'll take the one on the right. :p
 
Back
Top Bottom