Is Apple's Multi-Touch Patent Valid?

An anonymous reader writes "There is evidence that Apple's multi-touch patent application may have failed to list some prior art that showed gestures in multi-touch interfaces as early as the mid 1980s. Some of these examples even appear in the bibliography of Wayne Westerman's doctoral dissertation, and he's one of the inventors on the application's list. If true, that could leave them wide open for legal attack, should they try suing someone like Palm for patent infringement. Also, Apple may be infringing some key multi-touch patents owned by the University of Delaware — and co-developed by Westerman while getting his doctorate."

Comments

Backtrace

[Anonymous Coward]

Before posting, read the ~450 comments on the previous article.

I sincerely hope

[Archimonde]

NOT!

Or we'll have 20 years of touch screen stagnation. Great. Just as we are trying to get out of classic mobile phone layout stagnation.

The Android G1 & Multitouch....

[Anonymous Coward]

Interestingly, the G1 android phone has built-in support for multitouch, as demonstrated here. However, there are some issues which make it more useful for pinch-gestures than other types. (See here for a description of why this is.)

Multitouch "proof of concept" pinch-zoom support has already been incorporated into unofficial Android firmware for the G1 (which incidentally is an AMAZING phone). If Apple's patent claims are busted-- and I'm still not clear on what types of multitouch it supposedly prohibits competitors from using-- it probably won't be long before we see multitouch show up on hardware that "officially" hadn't supported it previously.

Re:It is inevitably infringing itself.

[DustyShadow]

No, you are only talking about damages. A patent is a right to exclude others from making, selling, etc.
35 U.S.C. 271(a):

Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

Re:It is inevitably infringing itself.

[Miseph]

He is correct, patents do not require sale or commercial implementation by ANY party to be enforceable. Most patent holders won't go after DIY types who violate for personal use, but that's not because they have no legal ability to do so... rather it is because there is generally very little to gain by doing so other than bad publicity.

Re:It is inevitably infringing itself.

[DustyShadow]

You are still incorrect. Liability does not turn on commercial activity. The patent holder could seek an injunction, which is often just as bad as financial damages. Apple could easily file an infringement suit against Palm to stop them from releasing the phone. Read the case Madey v. Duke. What you are claiming is common and incorrect belief.

Re:It is inevitably infringing itself.

[DustyShadow]

No. The court said that the exemption is extremely narrow and that Duke's activities did not allow it to use the defense (which the court defined as solely for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry). Prior to this case it was believed that universities could experiment with patented inventions with no threat of an infringement suit.

The court noted that even projects undertaken without direct commercial application often âoeunmistakably further the institutes legitimate business interests ... These projects also serve for example to increase the status of the institution and lure lucrative research grants, students and faculty.

You don't actually believe that Palm could argue that their phone development is solely for its amusement, to satisfy its idle curiosity, or for strictly philosophical inquiry do you?

MIT Media Lab has prior art

[FranTaylor]

Look into Dave Sturman's research in the mid 80's. He was using a Dataglove for gestural research. The Media Lab made a demo tape of him using gestures to pick menu items. I probably still have a copy of it kicking around somewhere.