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Amazon, Apple, Microsoft, and Google Chase 'Got Milk?' Patents

theodp writes "Among the new iOS 5 features is Reminders, which Apple explains this way: 'Say you need to remember to pick up milk during your next grocery trip. Since Reminders can be location based, you'll get an alert as soon as you pull into the supermarket parking lot.' But does Reminders infringe on a newly-granted patent to Amazon for Location Aware Reminders, which covers the use of location based reminders to remind a user 'to purchase certain items such as, for example, as milk, bread, and eggs'? Or could Reminders run afoul of Google's new patent for Geocoding Personal Information, which covers triggering a voice reminder or making a computing device vibrate when a user approaches a location if 'one of the user's events is a task to pick up milk and bread'? Not to be left out of the 'Got Milk?' patent race, Apple also has a patent pending for Computer Systems and Methods for Collecting, Associating, and/or Retrieving Data, which covers providing a reminder to a user whose 'to do' list includes 'get milk' when the user's location matches 'a store that sells the item "milk."' (Continues, below.) theodp continues: "That should not be confused with Microsoft's pending patent for Geographic Reminders, which allows users to specify reminders such as 'pick up milk if I am within a ten minutes drive of any grocery store.' That all four tech giants chose to pursue remember-the-milk patents — and the USPTO is considering and granting them — is all the more remarkable considering that Microsoft suggested location-based reminders were obvious in a 2005 patent filing, which informed the USPTO that 'a conventional reminder application may give the user relevant information at a given location, such as 'You're near a grocery store, and you need milk at home.' So much for that immediate patent quality improvement promised by the America Invents Act!"

25 of 250 comments (clear)

  1. And another useful technology is ripped apart by Eightbitgnosis · · Score: 5, Insightful

    To the strongest lawyers go the spoils

    1. Re:And another useful technology is ripped apart by LordThyGod · · Score: 5, Interesting

      Yea, I was thinking it was the lunatics running the asylum, but it might be lawyers, indeed. What a sorry state of affairs that this kind of BS is not stopped at the door. "Get the fuck out and don't try that crap again".

    2. Re:And another useful technology is ripped apart by icebike · · Score: 5, Insightful

      Actually I was thinking the opposite might happen.

      The court might just line them up and bitch slap the whole lot of them.

      If a whole bunch of people come up with the same invention at roughly the same time it becomes the perfect definition of TRIVIAL AND OBVIOUS.

      Once you have bricks generally available in the market place, you can't patent the brick outhouse.

      --
      Sig Battery depleted. Reverting to safe mode.
    3. Re:And another useful technology is ripped apart by Anonymous Coward · · Score: 4, Informative

      For those who religiously doesn't RTF anything linked on /., here's the excerpt from the act.

      ``Sec. 102. Conditions for patentability; novelty

              ``(a) Novelty; Prior Art.--A person shall be entitled to a patent
      unless--
                              ``(1) the claimed invention was patented, described in a
                      printed publication, or in public use, on sale, or otherwise
                      available to the public before the effective filing date of the
                      claimed invention; or
                              ``(2) the claimed invention was described in a patent issued
                      under section 151, or in an application for patent published or
                      deemed published under section 122(b), in which the patent or
                      application, as the case may be, names another inventor and was
                      effectively filed before the effective filing date of the
                      claimed invention.

              ``(b) Exceptions.--
                              ``(1) Disclosures made 1 year or less before the effective
                      filing date of the claimed invention.--A disclosure made 1 year
                      or less before the effective filing date of a claimed invention
                      shall not be prior art to the claimed invention under subsection
                      (a)(1) if--
                                              ``(A) the disclosure was made by the inventor or
                                      joint inventor or by another who obtained the subject
                                      matter disclosed directly or indirectly from the
                                      inventor or a joint inventor; or
                                              ``(B) the subject matter disclosed had, before such
                                      disclosure, been publicly disclosed by the inventor or a
                                      joint inventor or another who obtained the subject
                                      matter disclosed directly or indirectly from the
                                      inventor or a joint inventor.

      I.e. "If it was published or used in any form before - patent's no go, unless the one publishing/using was inventor - then he has a year to patent it", which should encourage publishing inventions early.

  2. Ugh... by The+Living+Fractal · · Score: 5, Insightful

    This is where out US patent group, judicial branch, executive branch, I don't know who exactly, needs to step in and say "YOU DID NOT INVENT REMINDING PEOPLE TO DO STUFF!" and prevent these companies from spending (wasting) money and time on winning the patent to do it. Their struggle to win that patent is not value adding for the country in any way whatsoever, but they'll do it anyway for their own gain. It's wasted money that could better go into R&D, for example.
    So tell them now, level the field... and prevent all that wasted effort.

    --
    I do not respond to cowards. Especially anonymous ones.
    1. Re:Ugh... by JoeMerchant · · Score: 4, Insightful

      ...I don't know who exactly, needs to step in and say "YOU DID NOT INVENT REMINDING PEOPLE TO DO STUFF!" and prevent these companies from spending (wasting) money and time on winning the patent... prevent all that wasted effort.

      Yes, but whoever it is that might step in and stop the madness, remember, they likely are lawyers themselves, or sons of lawyers, or otherwise deeply connected to the legal profession. Effort is not wasted when it leads to remuneration of yourself, your family, or your colleagues.

  3. Location-based reminders? by mikael_j · · Score: 4, Interesting

    How exactly does one get a patent on location-based reminders? I know I'm not the only one who has considered that idea and the actual implementation should be fairly straightforward (when you consider that APIs and hardware required for it all exist, hell even if you go the "IN THE CLOUD" route it would be relatively easy to figure out (Track position constantly, periodic "pings" to "The Cloud" that pass along your approximate coordinates, in return you get a JSON/XML reply with any nearby reminder positions which are cached locally, if/when you are close enough to a reminder position your device reminds you, new reminders are automagically submitted to the same "Cloud server", for local storage you just skip "The Cloud" and store everything locally)).

    --
    Greylisting is to SMTP as NAT is to IPv4
    1. Re:Location-based reminders? by JoeMerchant · · Score: 4, Insightful

      How exactly does one get a patent on location-based reminders? I know I'm not the only one who has considered that idea and the actual implementation should be fairly straightforward (when you consider that APIs and hardware required for it all exist, hell even if you go the "IN THE CLOUD" route it would be relatively easy to figure out (Track position constantly, periodic "pings" to "The Cloud" that pass along your approximate coordinates, in return you get a JSON/XML reply with any nearby reminder positions which are cached locally, if/when you are close enough to a reminder position your device reminds you, new reminders are automagically submitted to the same "Cloud server", for local storage you just skip "The Cloud" and store everything locally)).

      The whole concept of "obvious to a person skilled in the art" has been ground into the dirt for 20+ years now.

    2. Re:Location-based reminders? by Raenex · · Score: 4, Insightful

      The whole concept of "obvious to a person skilled in the art" has been ground into the dirt for 20+ years now.

      Yup. Before it was patenting X, "on the Internet". Now it's patenting X, "on the mobile".

  4. Good God... by AngryDeuce · · Score: 4, Informative

    So now a location-based reminder is a fucking patentable thing? What's next, a patent on something that remembers phone numbers for you?

    This shit has got to stop...

  5. Re:Ahhhh by Haedrian · · Score: 4, Insightful

    Someone discovered you can make money much easier if you suffocate the competition using the law than producing better products.

  6. possible fix by khipu · · Score: 5, Interesting

    Right now, you can patent anything, and if you can get it past the USPTO, you're a winner: you can collect royalties as long as you keep your demands below what it would cost to strike down your patent. There is almost no risk or downside (at worst, you lose what you paid for getting the patent, maybe $10k).

    Since lawyers are ultimately driving this, maybe we can fix it by giving lawyers an incentive: create laws that allow companies to be sued for damages if they obtain patents if they should reasonably have known about prior art. This might restore some balance to the patent system, and companies would think twice about filing bad patents if they incur potentially hundreds of millions of dollars in liability.

  7. Re:I have a good idea by JoeMerchant · · Score: 4, Funny

    I know a Surinamese citizen who is kind of proud of their 1982 "kill a few lawyers" coup, they said it went pretty well for the rest of the country:

    http://www.worldrover.com/history/suriname_history.html

  8. Useless USPTO again by webdog314 · · Score: 4, Insightful

    And the only reason that this hasn't been patented in the past is that nobody honestly believed that the USPTO could be so freaking stupid. Boy did we underestimate THAT...

  9. Re:You forgot to get X patent is what I really nee by JoeMerchant · · Score: 4, Interesting

    The more interesting data mining is currently implemented as trade secrets. Apparently, the credit card companies can predict, with 99% accuracy, if you are going to get a divorce within the next two years.

    They could do useful little tricks like reminding you about the yeast at the checkout counter, but that would be creepy to most people and not as profitable for the company with the data.

  10. Make obvious patent filings result in a fine.. by Grave · · Score: 5, Interesting

    Any time an exceedingly obvious patent is filed by a company, it should be immediately placed in the public domain, and the company that filed it should be forced to pay royalties to the government. Not only would this reduce the amount of stupid patent filings and court battles, it would get our national debt paid off within a year or two.

  11. All These Location Based Patents by Greyfox · · Score: 5, Informative
    Are going to run into trouble, since the guys at MIT were doing the same thing in the 90s. http://alumni.media.mit.edu/~rhodes/Papers/wearhive.html, for example. I ran across a paper in the mid 90's about leaving messages for other users in specific locations. They also published some articles about some very neat camera things things they were doing, such as recognizing someone's face via a camera the wearable user was wearing, and looking up up relevant information on that user (I think out of BBDB.)

    So if you're looking for prior art to go patent busting on these big companies, a good place to start would be in the wearable computer projects in the 90's. A lot of these guys published in the journal of the ACM, too. Apple, Google and Amazon think their balls are all shiny and they're doing something new, but they're not.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  12. Re:just obvious human logic by icebraining · · Score: 4, Interesting

    Location aware reminders do too. Geominder for S60 phones was released years before the first iPhone.

  13. Re:We're all peasants anyway by GrumpySteen · · Score: 5, Insightful

    You shouldn't ignore the stupidity of the patent system any more than we should ignore a burglar who only targets the opposite of your gender. Sure, you may not be directly effected directly, but it affects society.

    Patent trolls stifle innovation, make the development of new products more expensive and have a negative effect on us all, even if it's only an indirect effect.

  14. Re:Cross License to keep Plebes Out by green1 · · Score: 4, Insightful

    Except that many patents these days are so broad as to not include any way of implementing what they describe (which means they are no better than a trade secret) AND the "limited time" isn't even applicable anymore when you realize just how long that time frame is and how fast the technology is progressing.

    I'm not an expert on patents in the 19th and early 20th centuries to know for certain if they did in fact encourage invention at that time or not (I suspect it was really a bit of a mixed bag). But I am quite certain that by the end of the 20th century and in the early 21st century they do no such thing, and in fact actively stifle innovation to large degree. At this point there is no way to invent ANYTHING without running afoul of one patent or another. Even something new and novel that nobody has ever even dreamed of is likely to run afoul of one patent or another on the shape of it's case, the method of powering it, or the user interface to run it (among other ridiculous things).

    Patents today are badly broken. They protect mega-corps at the expense of small time inventors. they protect exactly the people who need it least against those who would require it the most. It's time they were abolished, or at the very least, subjected to a MAJOR overhaul.

  15. Why are you blaming the lawyers? by Anonymous Coward · · Score: 5, Insightful

    This behavior is perpetrated by the corporate executives who don't want any businesses to be able to compete. The lawyers are gun, but the executives are the hand that fires it.

    1. Re:Why are you blaming the lawyers? by fredmosby · · Score: 4, Insightful

      That's the problem with asking "who can we blame?". When something bad happens usually there are many people who contributed to it happening. So people usually blame the person they dislike the most. In this example you dislike unscrupulous corporate executives more than you dislike unscrupulous lawyers, so you blame the executives. The person you responded to blamed the lawyers. They're both responsible.

      A more useful question would be "how can we prevent this in the future?". There is no shortage of unscrupulous lawyers and corporate executives. As long as the patent system exists in it's current form someone will abuse it. The only way to prevent abuses like this is to change the patent laws.

    2. Re:Why are you blaming the lawyers? by Moryath · · Score: 4, Insightful

      No, the problem is that under the "obviousness" and overbroadness standards, 99% of the patents of the past 20 years probably should not have been granted, but the patent office is overwhelmed and incompetent in equal measure.

  16. Re:Height of invention. by Jackie_Chan_Fan · · Score: 4, Insightful

    Turn Left 5 miles.

  17. Re:Ahhhh by Baloroth · · Score: 4, Interesting

    Ah, you mean like Germany where the Samsung Tab got banned because it was a rectangle? I know people love saying "well, that's just them", but the reality is everyone is being affected by stupid laws like this. ACTA, anyone?

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton