Apple's New Patent Weapon — Location Services
DaveyJJ writes "Once again, it seems Apple is about to take intellectual property claims to a new level. Apple has been reissued a patent they acquired from Xerox that pretty much wraps up what we know as 'location services' as their own. In the overview, the patent says the system involved will display information specific to the location the device is in. The language used in the patent is broad and powerful. I guess now we wait and see whom Apple will use this against?"
Alas, no longer can roadside maps or sextants be used.
This is why we can't have nice things.
The patent office and laws are at best dysfunctional.
Hand in your eyeballs - they can be used to acquire information specific to the location the eyeballs are in.
You wouldn't steal a car -- violating someone else's laughable intellectual property is theft!
This patent is from 1998. I'm not saying Xerox shouldn't have gotten a patent for this (though it is awfully broad), but that patent should be long dead by now. 13 years is an eternity in the tech world and Apple is going to lord this over Google and everyone else for ... 17 years? Longer?
Great warrior...hrmph! Wars not make one great.
>> we wait and see whom Apple will use this against?
Not willing to kill the suspens but I think it will be a company whose name starts with the letter G.
I'm really glad I live in Europe where software patents are invalid. The current setup in the US in relation to patents is a total joke. Patents were originally conceived to encourage innovation. In recent years, companies are almost afraid to innovate because some troll or monopoly hungry public company will immediately jump out of the wood work screaming "SORRY, WE OWN THAT IDEA. WE'RE GONNA SUE YOUR A$$"
Wouldn't any GPS fall under this?
"For every expert, there is an equal and opposite expert"
In what way does this differ from IP-based location services? IOW, would that be prior art? And if not, does that mean that all of the IP-based geolocation now being done, even via a standard PC/browser, e.g. by Google, etc., is subject to this patent?
There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
How would a GPS not qualify as prior art?
It shows you a map and surrounding area based on where device is, or area entered. One could argue even the very early military models which had Long, Lat and a compass could qualify.
This is great news! Hopefully Apple will sue Android related companies, making it illegal to provide location services. Then we could use Android without worrying about our carriers, or other service providers logging and tracking our every move. Let Apple have the monopoly on spying on their customers.
So Apple is gonna sue all GPS manufacturers? The government? Nice.
Chewbacon
The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
GPS?
Is it now essentially useless at a fundamental level?
Will GPS based products be able to interpret the received GPS data providing location information without violating the Apple patent?
"whom will they attack" instead of "how will they innovate" we know the entire patent system no longer works as it was intended
Man, that company has really went downhill.
SJW: Someone who has run out of real oppression, and has to fake it.
I have a Magellan GPS 2000 http://www.finest1.com/magellan/gps2000.html from 1996 that is computerized and displays a clock http://wiki.xkcd.com/geohashing/File:2010061233-84NW04.JPG
Does Magellan have license to this patent from 1996?
Nathan
Damn. I guess I'll go and paint all my car windows black.
It means that all of us non-iphone users won't be tracked & bombarded with location based ads!
You are in a maze of twisty little claims, all alike. It's pitch black. You are likely to be eaten by a patent or copyright lawyer.
Well it confirms one thing about Apple. They're always thinking about lads and their ends.
Not if this qualifies as Prior Art :-)
-- no sig today
This doesn't cover GPS devices. This cover a device that uses GPS (or other service) location data to retrieve information tied to that location from the Web.
This invention provides a system and method that combines a positioning system, for example, the Navstar Global Positioning System (GPS), with a distributed network, such as the Internet, to provide real-time location specific information. That is, the positioning system provides a signal that is converted into a coordinate entry (e.g., specific latitude and longitude coordinates). The system and method of this invention then references the coordinate entry to a particular "web page" associated with the coordinate entry.
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=RE42,927.PN.&OS=PN/RE42,927&RS=PN/RE42,927
Dilbert RSS feed
You do realize that location-based services on smartphones has been WILDLY popular since about 2007?
Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
According to the patent, it's a reissue filed in 2010 of an earlier patent application which was was filed in 1998 and issued in 2000.
Why reissue it? Because it's under new ownership?
The reissued patent cites earlier patents going right up to 2009, and Apple didn't get into location-based services (i.e. iPhone) until 2007, after the LG Prada appeared. Meanwhile this happened:
Since Palm had a LBS product out before the original patent was issued, and Xerox never really turned their patent into a product, how the f**k is this new patent enforceable?
Oh, how convenient: a theory about God that doesn't involve looking through a telescope.
I think the patent offices should stop hiring geniuses. They are clearly not up to the task.
After reading multiple posts and comments about Apple's patents, there are a lot of people who feel this is counter productive...I don't know why.
IMHO, the patent system is broken when a company can file a patent without actually having a solid working product first, this sometimes happens. But clearly, in a lot of Apple's patents, such as this one, it isn't the case. If Apple, or another company, invests billions of dollars into R&D to make a product, they should be able to protect it. In fact, it would be counter productive if they couldn't protect it because it would discourage them from investing in R&D and then the nice things wouldn't even be invented in the first place.
Telia Friendfinder....introduced as a service to their customer around 1999-2001
Witch indicates that they based their product on something that was developed around same time as Xerox...
It is highly probable that Ericsson is sitting with a bunch of patents / prior arts since they were cooperating with Telia alot during those times.
Apple: All Your Base Are Belong To Us.
Google: All your map are belong to us.
Too many people are missing the point.
If Apple didn't take out a patent on a concept like this, you can guarantee that some patent troll would, and would sue both Apple and Google, along with everyone else in the marketplace. That's the way the system works nowadays.
Patents aren't just offensive weapons; they're defensive weapons as well. Apple and Google have huge patent portfolios, and both have too much leverage to win any major court battle against the other. At best, it would be mutually assured destruction, and do nothing but enrich a lot of lawyers.
What patents like this actually do is protect Apple (and Google, and everyone else) from the bottom-feeding trolls. You either file these "obvious" patents, or you can bet your bottom dollar some slimeball will instead, and take you to court.
They use GPS and the network. How bout 4 Square... The list is long.
Apple will fuck us yet again . .
"You do realize that location-based services on smartphones has been WILDLY popular since about 2007?"
So, why the patents?
... the details matter. Many, many location based information systems do not use a beacon as required by the invention. Therefore the independent claims do not apply (to them). Why the hype? Oh, yeah, because all the readers would pass by if your title said "Using beacons for location services? Beware this Apple patent!"
is virtually bullet proof. Let us have a moment of silence to mourn the loss of freedom to create in the tech world.
Unfortunately if companies say that the patent system is ridiculous it devalues their own portfolio - as long as the price is right much better to just pay the patent holder, thus the problem is self perpetuating as when everyone agrees that a patent is worth something tangible then it is.
Patents are the diamonds of today.
Apple is quickly moving up into "most anti-consumer company" in my book. With their attempt to make is so that SIM cards cannot be removed, and trying to play SONY and lock you into their technology which is over-priced and under-powered. Once upon time I liked them - I have to admit Steve Jobs made a lot of money for me, but it's time to find a more socially-responsible company. Hmmm... Maybe Apache - they will never make a killing, but at least they stand on the quality of their products...
IANAL, and I haven't read the entire patent, but it looks like Apple's new patent is specific to location services that are correlated via some fixed beacon. In other words, wireless access points broadcasting their SSIDs.
GPS satellites aren't fixed beacons, because they aren't in geostationary orbit.
Strictly speaking, cell towers could be considered beacons, but only if phones used their broadcasts to make the location decision for themselves. If you turn it around, and move the location-triangulation logic to the carrier side, it bypasses the patent because end users might meet the definition of "beacon", but they definitely don't meet any definition of "fixed".
Where Apple could really use this to fight dirty is the realm of non-GPS-based fine location (IE, more precision than cell tower based location, but not as much as someone getting a GPS fix under clear sky in an open field). In other words, the location service relied upon for services like Foursquare (where it HAS to work dependably indoors, under conditions where tower-based location isn't good enough because it might be a mile off, and GPS won't work well enough to be useful).
My prediction: Apple will try to use it to make Google quit using wifi SSID data to improve the accuracy of network-based location service, and will bully Skyhook into dropping support for Android.
Isn't stuff like that implemented in military aircraft for decades now?
They have a GPS receiver and receive information about their sourroundings not only from their own sensor but also from ground control to be displayed on screens in the cockpit. The data displayed depends on the position of the plane and I bet that the data transmitted to the plane also depends on the position that the plane is reporting to the base.
So it covers the combination of geographic search (e.g. "Find a store location near you") with GPS. Wasn't geographic search around in 1998?
if this idea gives you problems, then you need to read up on the definitions of "monopoly" and the legal rights conceded by a patent.
You certainly have the lack of education to make fancy buzzwords. It's just a pity that you think everything you don't understand is nonsensical.
In this case, the material in between .Iadd. and .Iaddend. was added to the claim, and material in between .[. and .]. was removed.
Then why can't the USPTO use the industry standard markup <ins> and </ins> for added text and <del> and </del> for removed text?
Patents aren't just offensive weapons; they're defensive weapons as well.
When's the last time you heard of Apple using patents for anything other than stifling competition?
They've made their position very clear at this point, they'd rather sue than produce a product that actually has a competitive edge.
What do I know, I'm just an idiot, right?
Bar code labels, infrared beacons and other labeling systems may also be used in the location information system in place of or in addition to the GPS receiving system to supply location identification information.
Street signs are a labeling system.
A location information system uses a positioning system, such as the civilian Navstar Global Positioning System (GPS), in combination with a distributed network.
A map is a location information system. A group of humans is a distributed network. eg. A friendship network refers to a group of people who associate with each other. It is inherently distributed by the fact that it is a group.
The location information system includes a radio transceiver for communicating to the distributed network and a GPS receiving system.
Truckers have used radio communication devices containing a transceiver to communicate location information since the 1960's. The FCC has permitted public radio communication since the 1940's. CB Radio
The location specific information may reside on a web page. The coordinate entry may be incorporated into the web page address that supports the coordinate entry or linked to an existing web page associated with the coordinate entry.
Patent law should prohibit the word "may" in any description, outside of an exhibit, as it evades definition. Without using the word "must" this patent obviously overlaps existing art and must be revoked.
Having to work for a living is the root of all evil.
Let me see now... a device that can display information specific to its location... hmm... what an original novel idea! We can use this patent to make a device to display a section of a map specific to the location of the device. That way you don't have to go through 5000 square miles of map data, instead you're presented directly with the section of the map that is most relevant to you.
Yeah... it's a completely valid patent.
Back in the early 90s I read about some guys over at MIT doing work on wearable computers. Their computers did a lot of what cell phones do today. I wonder how many patents would be invalidated by their prior art. I very specifically recall one of them mentioning that you could tag information for a specific location so that other users who wandered by could see that information.
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
Geographic search from a network.
I seem to remember that at least a decade ago, "Find a store location near you" involved 1. entering coordinates, 2. sending the zip code through a network, and 3. retrieving the list of nearby points from the network. Coordinates could be entered either in two ways: A. through a map that could be scrolled and zoomed or B. by entering a postal code and using its centroid. The server would search for all stores less than 30 miles away from the specified point and return their locations in the form of a list and a GIF map. Back then, Google Maps didn't exist, but MapQuest did.
if it wasn't combined with GPS it's irrelevant - the patent covers specifically the combination.
But is the use of a GPS receiver to input coordinates such an inventive step?
Why are we blaming apple here? They bought an *existing* patent. It was not their invention ... If you want to blame anyone or shout prior art, shouldn't that be towards xerox instead?
---- Booth was a patriot ----
Apple needs to stop, someone should do something to prevent this kind of patent for taking place. This is not good for competitive development.
http://www.montuori.net/
However, if the patent is on the shape of a device and that shape on that device was shown as a prop in a movie, then it proves that the one asking for a patent on that shape device has not thought of it first.
And that's one requirement for a valid patent.
Quit hating on the playa, hate the game.
It is the system that is broken, not the fact that organizations use the system for their commercial gain.
Not to mention it could help provide legitimate funding to universities to counter all this corporate and patent corruption that has been reaching into them.
Democracy Now! - uncensored, anti-establishment news
Well hell, they'll have to pry my Garmin from my hands if they want it back.
Relatedly, hasn't like... every GPS-related company been doing this long before Apple?
You can no longer look left or right, front or behind to determine where you want to go. Only an Apple product can be used to move from one spot to the next. The solution is simple. Everyone should carry an apple when they move!
A patent this broad should be recalled or redefined during the reissue. Patents have little value these days...except maybe monetary value.
Holy fuck.
Do I ever hate the anti-Apple bias on Slashdot lately. Whattsa matter, Bill Gates is no longer cool to beat up on now that he gives money to the poor? You know what bitches? Apple actually put fucking Unix on the fucking desktop, in a way that no other group ever has (including Linux).
So bitch all you want about Apple - but they've accomplished a metric fuckload more than anyone in Slashdot-land has, at least when it comes to getting Unix on the desktop.
Maybe you fuckers should patent the phrase "The Year of Linux on the Desktop"... because I hear that it's happening in 2012. Right? Anyone?
*crickets*
Any GPS is vulnerable. The US armed services might be a bit ticked at this. Why is it that patent holders can cherry pick? If they own what they own, they should *HAVE* to go after everyone at once. So go ahead Apple, pick a fight with the US Army, the US Air Force, the US Navy. Don't just chuck lawyers at them, try doing something combat related. Lets pop some popcorn and watch the result.
This is absolutely ridiculous. I don't care if it is Apple, Google, or Microsoft. This is just freaking ridiculous.
Loading...
I've got a http://www.ultradatasystems.com/products/ultraroadwhiz.html>Road Whiz that dates to the 1990's if I'm not mistaken. It's cool, you enter your location manually - typically by state, highway, and mile marker - and then what you're looking for, and it displays what's coming up at which exits for the next 20 miles or so. OK, it *was* cool, but the only thing Apple has done is move the database onto the internet. BIG FUCKING DEAL APPLE. Why is everything "new" when it involves the internet?
A commercial in the near future.
ROAD WHIZ
Prior art city. Why don't the numbskulls at the patent office actually read what they approve?
A paper guidebook with a map and ads does that.
It's another patent on "$thing_thats_existed_forever but on [a computer|the internet|a mobile device]"
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
They cover different methods of locating the cell phone, including tower triangulation and such, others cover TCP/IP from cell phones, and other cover various ways of doing geolookups. However, none of them combine the two ideas in this fashion
DEC PageLink, a proposal for a portable computer, 1989. The patent draft featured real time geolocation based data retrieval:
"The twin screens could be also driven by real time software, rather than relying on user input. Thus, the unit could be left open in a car, and receive fax/mail messages there (like a carphone). However, it could also interface to the new generation of automatic car navigation equipment. By dialling up an appropriate number, the machine could either download map pages for the area the user is in, or it could provide up to the minute reports of traffic congestion - sounding a warning if there was one in the area.
I'm sorry, but writing this off as "bad patent" will do nothing by hurt any claims that the system is broken.
On the contrary, if this is a "good patent", then the patent system is obviously broken. I really hope that Apple does succeed in getting every device that combines geolocation and data services removed from the market. If successful companies making popular products like Garmin, TomTom etc. start being shut down then politicians will be screaming for patent reform.
"Once again, it seems Apple is about to take intellectual property claims to a new level"
Is it to 11, or is it now 12?
And just be happy Apple is not patenting your actual location.
"105 Main Street, Bumblejuice, Whoville, now owes a $5 license fee for their location."
Vote monkeys into Congress. They are cheaper and more trustworthy.
My final year project for my CS degree was pretty much doing what this patent describes, and it was submitted in 2008, two years ahead of this patent being filed. I even have a conference paper (published with my project supervisor) published in the same year, so there's lots of hard evidence. I also know that there's a few other projects that could claim prior art to this patent, and precedes my own work. I'm pretty sure there's more than enough prior art in the world to blow this out of the water should it be challenged in court. Heck, I'm surprised the USPTO had the gall to allow this one through at all.
Silly rabbit
(n.b.: IANAL.)
You're presented a patent with a bunch of claims. Here's how to understand what's covered by a particular patent, and what's not:
1. Separate the claims into two sets -- "dependent" and "independent" claims. Dependent claims are the ones that refer to other claims, and usually start with language like, "The gizmo of claim 1, wherein. . . " or "The gizmo of claim 5, further comprising. . . ." Note that dependent claims can depend on other dependent claims, i.e., the claim structure is a collection of trees, with an independent claim at the root of each tree. Set aside the set of dependent claims. Identify the first independent claim (which should be claim 1). Go to Step 2.
2. The claim should be of the form [preamble][start of element list delimiter][list of elements]. The preamble is basically a "field of invention" description, and the SOEL delimiter is usually something like the word "comprising," nearly always followed by a colon (:). The preamble and SOEL are irrelevant to the task at hand, so set them aside, leaving the list of elements. Go to Step 3.
3. Examine the list of elements. (It helps to note that the elements are usually separated from each other by a semicolon.) Does your candidate gizmo have each element in the list of elements? Equivalently, does your candidate implementation have all elements listed in the claim? If so, that claim "reads on" your candidate gizmo, and infringement of the patent is possible. Otherwise, it does not read on the gizmo. Go to Step 4.
4. Repeat Steps 2 and 3 for each independent claim in the patent. if your candidate gizmo survives the test in Step 3 for all independent claims, i.e., no independent claims read on your gizmo, congratulations, your gizmo does not infringe on the patent. However, if one or more independent claims reads on your gizmo, congratulations, your gizmo infringes on the patent. (Like a pregnancy test, depending on the circumstances both possible results may be worthy of congratulations.)
For example, in the case of the patent at hand (RE42927),
Step 1: By inspection of the claims list, the independent claims are claim 1, claim 16, and claim 24.
Step 2. Claim 1 reads, "A location information system that displays location specific information, the location information system, comprising: a receiver that receives location identification information from at least one site specific object identifying a location.Iadd., where the at least one site specific object is a beacon.Iaddend.; and a transceiver that transmits the location identification information to a distributed network and that receives the location specific information about the specified location from the distributed network based on the location identification information, wherein the location specific information provides information corresponding to the location."
We parse this claim as follows:
[preamble]: "A location information system that displays location specific information, the location information system"
[SOEL delimiter]: "comprising:"
[element list]: a. "a receiver that receives location identification information from at least one site specific object identifying a location, where the at least one site specific object is a beacon; and"
b. "a transceiver that transmits the location identification information to a distributed network and that receives the location specific information about the specified location from the distributed network based on the location identification information, wherein the location specific information provides information corresponding to the location."
[The "Iadd" and "Iaddend" stuff just shows the correcting phrase that was added to the claim during its reissue. Note that this phrase narrows the claim, by requiring that at least one site specific object must be a beacon.]
3. Does your candidate gizmo have both elements a. and b.? If so, claim 1 reads on it; otherwise, it does not.
4. Repeat steps 2. and 3.
just totally personally annoying and just my read on it, but, the patent was clearly edited to get around the "radio beaconing location" aspects from this paper:
Composable Ad hoc Mobile Services for Universal Interaction
T. D. Hodes, R. H. Katz, E. Servan-Schreiber, L. A. Rowe
Proceedings of The 3rd ACM/IEEE International Conference on Mobile Computing (MobiCom '97)
Budapest, Hungary, September 1997, pp. 1-12.
(disclosure: I'm the author)
but then the addendum slips the claim back in 11 years later:
".Iadd.29. The method of claim 24, where the beacon is a radio frequency beacon..Iaddend."
You can tell this this is the case because the examiner forced a citation of an article in the exact same proceedings as (theoretically) non-competing prior art ("Location-Aware Mobile Applications based on Directory Services," MOBICOM 97, 1997, Budapest, Hungary, pp. 23-33.), yet conspicuously allowed the above to be left out, almost certainly after a bunch of claims editing.
This is also why there is so much work done in the abstract & write up to trip over itself to focus on "GPS" and "coordinates" as the location technology -- any post-1997 beacon-based location was (and still should be) unpatentable.
The reason computer chips are so small is computers don't eat much.
If they Bought an existing patent from someone else then,
a/ it's not new,
and
b/ it wasn't Apple that nailed down 'location services' in the first place.
MORE anti-Apple shit!
There was an unknown error in the submission.
in this re-issue apple have broadened the claims to include a 'beacon'.
GPS was not mentioned in the claims of the original patent, and the claims are the only part you can use to control what others do.
somehow apple got the patent expanded well after the issue, the original claims require a location specific object (quite obviously a satellite is not a earth location specific object)