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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!"

9 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.
  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.

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    I do not respond to cowards. Especially anonymous ones.
  3. 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.

  4. 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.

  5. 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.

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

  6. 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.

  7. 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.