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Touchpad Patent Holder Tsera Sues Just About Everyone

eldavojohn writes "Okay, well, maybe not everyone but more than twenty companies (including Apple, Qualcomm, Motorola and Microsoft) are being sued for a generic patent that reads: 'Apparatus and methods for controlling a portable electronic device, such as an MP3 player; portable radio, voice recorder, or portable CD player are disclosed. A touchpad is mounted on the housing of the device, and a user enters commands by tracing patterns with his finger on a surface of the touchpad. No immediate visual feedback is provided as a command pattern is traced, and the user does not need to view the device to enter commands.' Sounds like their may be a few companies using that technology. The suit was filed on July 15th in the favoritest place ever to file patent claim lawsuits: Texas Eastern District Court. It's a pretty classic patent troll; they've been holding this patent since 2003 and they just noticed now that everyone and his dog are using touchpads to control portable electronic devices."

19 of 168 comments (clear)

  1. Visual Feedback by daenris · · Score: 4, Interesting

    I haven't used an iPhone or iPod Touch for more than a few seconds, but are there touch commands that don't provide feedback? I mean, if you're scrolling, or zooming an image or whatnot immediate visual feedback is provided and ongoing while you're performing the command, which would seem to contradict the patents claim: "No immediate visual feedback is provided as a command pattern is traced"

  2. Previous ART, 1999, National Semiconductor -WebPad by tvlinux · · Score: 3, Interesting

    I was programming a "touch screen" in the year 2000. I still have the device, it was made to demonstrate the NSC Geode chip. The name of it was "WebPad" I can find out the manufacturer when I get home.

  3. For heaven's sake, it's the CLAIMS that matter! by Janthkin · · Score: 4, Informative
    Why do these articles always quote from the abstract or summary? Here's Claim 1, with some bonus white space to make it readable:

    1. A portable electronic device comprising: a housing; and a touch-sensitive surface mounted on the housing, the portable electronic device controlled by a user tracing a command pattern on the touch-sensitive surface with a finger, the command pattern matching one of a plurality of preset patterns, each of the plurality of the present patterns corresponding to a predefined function of the portable electronic device, the command pattern being traced without requiring the user to view the portable electronic device, wherein at least one of the plurality of patterns corresponds to a predefined function that is performed only for so long as contact is maintained with the touch-sensitive surface, wherein the command pattern is composed of one of more motions of the finger on the touch-sensitive surface, the one or more motions selected from a group of motions consisting of a left-to-right motion, a right-to-left motion, an upward motion, a downward motion, a clockwise circular motion, a counterclockwise circular motion, a diagonal motion, a tapping motion, and holding the pointing device against the touch-sensitive surface.

  4. Jumping the gun? by EkriirkE · · Score: 3, Insightful

    I don't see home some of the media players fit into this patent for "blind operation via touchpad"
    For example, the iPod - The click wheel visually navigates on-screen. The controls are physical buttons underneath the touchpad. Maybe for the fastforward/rewind motions, but its hard to get there blindly if I recall. You still need visual feedback to use it.

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  5. Re:PDA by EkriirkE · · Score: 3, Informative

    In the patent itself they use the Palm Pilot as an example of the technology difference. The PDA is a touch screen device with visual cues guiding your touch. The patent is for blind operation via a touch surface, distinguishing commands my motions or patterns. The patent exempts computers and distinctly applies itself to portable media/entertainment devices.

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  6. Re:And I'm going to patent by bertoelcon · · Score: 3, Funny

    I would just patent sentient life, that should do the trick.

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    Anything can be found funny, from a certain point of view.
  7. Re:Previous ART, 1999, National Semiconductor -Web by Life2Short · · Score: 3, Informative

    OK, how about the old HP-150? The place I worked at part-time in college had one of these back in 1984. Oh, by the way, GET OFF MY LAWN!!!

  8. Re:And I'm going to patent by pluther · · Score: 5, Funny

    Wouldn't work. This is east Texas we're talking about.

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    If the masses can keep you down, you're not the Ubermensch.
  9. Re:Not going anywhere by forkazoo · · Score: 3, Informative

    My Palm 1000 from 1996 invalidates the claims in this patent through prior art. I seem to remember the Apple Newton being touchscreen too, but I didn't have one, so I'm not sure.

    This isn't going anywhere.

    Newton certainly had a touch screen. It also had gesture recognition with things like "scribble" to delete a graphical object onscreen. And, it isn't like Newton invented the touchscreen, either. (Though, it wouldn't surprise me if Apple was out in front at that point with some of the "gesture" stuff, while previous examples used menus and such for everything.)

    And, from an end user standpoint, is there that much difference between a touch screen used with a stylus vs. a classic light pen?

  10. Re:Patents are Unsane by Rakishi · · Score: 3, Insightful

    Capitalism is a bad system but it's pretty much showed itself to be better than the alternatives on a large scale. Or rather hybrids based mostly on capitalism have proven to be better than the alternatives. Same thing goes for democracy.

    Human natures is still in the days when humanity was a bunch of small tribes whose hobby was murdering each other. That's not going to change no matter how much you cover your ears and repeat it's not true. Capitalism works because it actually assumes many humans are greedy, selfish bastards who care about little except their own satisfaction. Enough of them are ambitious, intelligent, vicious and driven to butcher any system that's foolish enough to assume they don't exist.

  11. Re:I'm going to patent by RichardJenkins · · Score: 4, Insightful

    Oops, perhaps a patent to automatically detect if users meant to set the format to Plain Old Text is in order...
    -------------
    Maybe someone should patent the touchpad interface used by iPods - because Tsera sure hasn't done so here. The patent is for an invention that allows the user to issue commands to a portable electronic device by making gestures with their finger over a touch sensitive surface (just like patent application 20060026535) in order to perform some function which doesn't require visual feedback.

    Sure, I'm paraphrasing - and the wording is so vague in some places that maybe they could twist it to apply to scroll wheel on the iPod - but this is really all there is to the patent. It's weak. The really crappy part is that if you decided you wanted to build this into your device (it's an obvious combination of a gesture based interface with a touch screen), then reading this patent would give you no help whatsoever in implementing it. Utter drivel! Can someone explain why is it acceptable to:

    1. Have a cool idea
    2. Patent idea

    Instead of:

    1. Have a cool idea
    2. Design it
    3. Build a prototype
    4. Patent novelties in your prototype

    Anyone??

  12. Sounds familair... by plazman30 · · Score: 4, Insightful

    Doesn't Palm's Graffiti or even the Newton constitute prior art for this thing??

    Remember the good old days, when you had to actually build a working model of something to patent it. You couldn't just have an idea...

  13. Re:PDA by hey! · · Score: 3, Informative

    The patent exempts computers and distinctly applies itself to portable media/entertainment devices.

    I *hate* that kind of patent. It pretty much says that this is something that's already being done in closely related devices, and they're staking their claim at the land office before it inevitably is applied to this class of device. There were about a gazillion GPS and mobile computer patents like this in the late 90s eary 00s.

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  14. Re:Not going anywhere by cellurl · · Score: 3, Informative

    Thomas Edison spent his last 30 years in court. Patents suck. BTW, I have 6 of them...
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    Add a speed limit human.

  15. Re:Patents are Unsane by MichaelSmith · · Score: 3, Funny

    At this rate they should just acquire their own oil producing country.

  16. Re:Patents are Unsane by Bigjeff5 · · Score: 4, Insightful

    Pure democracy has proven itself time and time again to be one of the most consistantly tyrannical forms of government in existance. Even Tyrannical Despotisms have a hard time topping pure democracy in that regard. It turns the entire country into a mob, and when the mob rules, everyone who is not the majority cowers in fear.

    Monarchies are unpredictable, will it be 50 years of tyranny or 50 years of prosperity? An Oligarchy is just a monarchy with a board of directors, just as unpredictable as a monarchy but with a better chance of being tyrannical. Theocracies are as bad as monarchies, but have the added element of the religion dictating things. Depending on the religion it may or may not be difficult for the theocratic leader to twist it to his will.

    A democratic republic is the most consistantly beneficial to the greatest number of citizens of a country. Democracy is good in small numbers, but very quickly it breaks down and becomes unwieldy. In a democratic republic we break democracy down into manageable chunks, and it works. We have a sort of oligarchy with a high accountability to the public, therefor they have a very great incentive to do the will of the public. However, the will of the public is balanced by individual representatives who, because they are separated from the public they represent, are generally not caught up in the mass hysteria that the public can sometimes generate. Nothing is perfect, but a democratic republic is as close as we have come. You can look at all of the most successful countries in the world - the safest, richest, farest countries - and they are all heavily into various incarnations of the democratic republic. Some still have trappings of old styles of government, but they still be have as a democratic republic.

    Think about that the next time someone pushes to have all issues that Congress or your local legislature address voted on by the people. It is really easy to swing from the best system ever concieved to the worst system to have ever existed.

    The only reason Capitalism is any good is, if it is kept in check properly and not overly imposed upon (it requires both), it naturally adjusts itself to provide the most benefit possible to the economy it is used in. No other system can touch the flexibility and efficiency of capitalism, but obviously it is easy for it to go astray with poor oversight. The recent economic troubles are a wonderful example of poor management of capitalism. The government was imposing far too many demands in some areas, and putting in too few restrictions in others.

    But if you want to change it out with Communism or Fascism, go ahead. Why you'd want to replace Capitalism, which has shown itself to work better than anything else, with a system that has failed spectacularly every time it has been tried is beyond me. Other forms of socialism don't count, they're all just hybrid bastardizations of capitalism. Bartering is out of the question, it is far too inflexible for any kind of large economy.

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    Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  17. Re:Patents are Unsane by Omestes · · Score: 4, Insightful

    . Why you'd want to replace Capitalism, which has shown itself to work better than anything else, with a system that has failed spectacularly every time it has been tried is beyond me.

    I think when people talk of "replacing capitalism" they mean "capitalism" in the libertarian or "free market trumps all" sense, not in the semi-regulated you speak of. When the greed of a select few is capable of causing huge amounts of harm to all of society then there is a problem (economy exists for people, not visa versa), as is when wealth equals political power directly, with no reguard for the the people whatsoever. This is what a lot of people (mostly zealots) mean when they talk of "capitalism", not "any market in which good are exchanged".

    Good points. Btw,

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    A patriot must always be ready to defend his country against his government. -edward abbey
  18. Re:Patents are Unsane by tancque · · Score: 3, Funny

    Thanks! This text was missing from my civilization IV manual.

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    Smoke me a kipper, I'll be back for breakfast!
  19. Re:Patents are Unsane by Drakkenmensch · · Score: 3, Informative

    A democratic republic is the most consistantly beneficial to the greatest number of citizens of a country. Democracy is good in small numbers, but very quickly it breaks down and becomes unwieldy.

    Most people forget the we do not live in a pure democracy, but rather a democratic republic where the minority is protected from the excesses of the majority. A true democracy is two wolves and a sheep voting on what to eat for lunch.