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Apple Wins Injunction Banning Import of HTC Devices

Newly accepted submitter squish18 writes "All Things D reports that Apple has won an injunction banning the import of some HTC phones starting in April 2012. The ruling by the ITC stems from two claims of the '647 patent concerning software used to enter personal data in mobile devices. It is interesting to note that the ITC has also reversed previous rulings regarding regarding infringement of two other '647 claims, as well as patent '263 claims." It looks like Apple's victory is relatively minor. They lost claims on all patents except for one, and HTC/Google can work on implementing similar functionality in a non-infringing way.

82 of 314 comments (clear)

  1. Evil Monopoly by YayaY · · Score: 4, Insightful

    Apple is becoming an evil empire!

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    1. Re:Evil Monopoly by ClaraBow · · Score: 5, Insightful

      NO! The patent system, as it stands, is the reason why every company seems to be suing every other company! It's completely broken, and it seems like companies have to sue each other as part of their operating procedures so they can have leverage when they negotiate cross-licensing! It's completely maddening!

    2. Re:Evil Monopoly by Samantha+Wright · · Score: 5, Insightful

      have to

      Nope. It's a choice. Apple is choosing to strangle the competition while they have the strong hand. Microsoft chooses to set up a protection racket with companies that infringe on their vaguely-defined Linux patents. In contrast, IBM and Google (generally?) don't pursue patent suits unless they're attacked first. (At least, that's the impression that's been put forth by tech journalism.)

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    3. Re:Evil Monopoly by eparker05 · · Score: 5, Insightful

      Essentially apple patented a method where an 'analyzer program' checks text for patterns (such as phone numbers and email addresses) and makes them actionable with a click.

      The patent goes on to discuss that arbitrary patterns can be searched for using a plugin and that the analyzer software allows for users to select the program that handles the type of link. It seems that Android does indeed violate this patent in every way possible. I wonder if automatic hyperlinking of email addresses count as prior art; although this does not include the user interface element asking which program to use.

      Either way; I think this is a sucky patent to have to contend with. It reminds me why I don't like software patents to begin with.

    4. Re:Evil Monopoly by jo_ham · · Score: 2

      Monopoly?

      I'm not sure you understand what that word means. At least, if you believe that they really are a monopoly then those market share figures for Android must be made up. I mean, I know it's hard to imagine anyone buying an Android phone, but I suspect the figures are accurate ;)

      DISCLAIMER: The last sentence is A JOKE (except the part about the numbers not lying).

    5. Re:Evil Monopoly by Anonymous Coward · · Score: 5, Insightful

      Sure, companies are choosing to act the way they are, but the current patent system is incentivizing this behavior. The question should be whether there is a system with better incentives, not whether companies should stop doing what they are doing, because some companies will behave responsibly, but others invariably won't and you have to expect that behavior.

    6. Re:Evil Monopoly by Nerdfest · · Score: 4, Insightful

      I find it completely incomprehensible that anyone in the software development field can defend Apple in any way, or buy or recommend any of their products with the attitude and behaviour they've had the last couple of years. Yes, they have some nice hardware, and used to be the underdog, but enough is enough. They need to be shown that it's not acceptable behaviour.

    7. Re:Evil Monopoly by mug+funky · · Score: 2

      so long as the case is resolved at some point, the costs are usually paid by the loser.

      if a case draws out forever, both parties pay.

      taxpayers are relatively protected from all this.

    8. Re:Evil Monopoly by mug+funky · · Score: 5, Insightful

      i believe word processing software does this with spell checkers.

      the first example of a realtime spell checker i encountered in 1997 with MS Word.

      autofill has been in all browsers since about that time as well.

      google does the same as you type into the search box.

      Apple are full of the worst kind of shit in this case.

    9. Re:Evil Monopoly by Anonymous Coward · · Score: 2

      Before:
      Sun sued Microsoft over Java. Netscape sued Microsoft over Java. Apple sued Microsoft over the Windows UI.

      Now:
      Oracle is suing Google over Java. Apple is suing Google (through HTC) about several UI elements. Apple is suing Samsung over the tabled look and feel.

      Who's the Evil? The inventor or the copy?

    10. Re:Evil Monopoly by mgiuca · · Score: 2

      I wonder if automatic hyperlinking of email addresses count as prior art; although this does not include the user interface element asking which program to use.

      In that case, it isn't an invention, it's just two old and obvious ideas put together. For decades, programs have detected patterns in text and automatically linked them or associated a particular action. For decades, programs have asked users what program to use to handle a particular type of content. The idea of "let's detect patterns in text to determine the type of content, and then ask users what program to use" is a simple combination of the above two ideas. It does not constitute an invention that you should be able to destroy all sales of your competition.

      Once again, Apple is using a law supposedly about innovation to ruin everybody else's chances in the marketplace. Their time on top is over, and legal protection for bogus patents is the only thing they have left.

    11. Re:Evil Monopoly by icebike · · Score: 5, Insightful

      Once again, Apple is using a law supposedly about innovation to ruin everybody else's chances in the marketplace. Their time on top is over, and legal protection for bogus patents is the only thing they have left.

      Further, this was a horribly expensive "win" for Apple. They lost claims on 4 or 5 patents (these can never be re-asserted) and they won a tiny UI feature, that can easily be programmed around. Apple won't be able to enforce those patent claims against any other phone makers either.

      The permanent loss of the patents far outweighs a UI quirk that can be avoided with a minor programming change which will be in place before the ruling takes affect. Its like going to war with 4 entire divisions, getting totally out trounced, but coming home with a mess-hall cook as a POW.

      A few more wins like this and Apple will need a whole new patent portfolio.

      --
      Sig Battery depleted. Reverting to safe mode.
    12. Re:Evil Monopoly by meerling · · Score: 2

      I remember using a word processor over a decade ago that would recognize internet addresses and ask me if I wanted to turn it into a hyperlink.
      Too bad I can't recall which software that was right now.

    13. Re:Evil Monopoly by elashish14 · · Score: 4, Insightful

      I suppose the only thing left to lament is all the money HTC had to waste to bring this common sense to light. Money that could have been spent on, well, something useful.

      --
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    14. Re:Evil Monopoly by Anthony+Mouse · · Score: 4, Informative

      Sun and Netscape sued Microsoft for antitrust violations. Oracle and Apple have sued over software patents. And Apple pretty much just sues everybody in the phone book, so that isn't really a bellwether of anything.

    15. Re:Evil Monopoly by esocid · · Score: 5, Funny

      Yeah, but this patent adds "on a touchscreen device that makes calls and has rounded corners."

      eh? eh?

      --
      Absolute power corrupts absolutely. indymedia
    16. Re:Evil Monopoly by abhi_beckert · · Score: 3, Interesting

      Sure, companies are choosing to act the way they are, but the current patent system is incentivizing this behavior. The question should be whether there is a system with better incentives, not whether companies should stop doing what they are doing, because some companies will behave responsibly, but others invariably won't and you have to expect that behavior.

      I'm not convinced any companies, even patent trolls, are truly acting irresponsibly. It's impossible to know if a patent is/isn't valid without going to court. And it's impossible to know if a patent is/isn't being infringed without going to court.

      This leads to disagreements between patent holders and potential licensors about just how much should be paid in any licensing agreement, or whether any licensing fees should even be paid at all. To make matters worse, the courts are making stupid decisions all the time.

      In my mind, this is a clear situation where we need to blame whoever wrote patent law in the first place for failing to predict the mess they created. And blame more recent government(s) for failing to do anything about it.

      But how to solve it? That's the trillion dollar question.

    17. Re:Evil Monopoly by ccalvert · · Score: 2, Interesting

      The point is that Apple is suing HTC because they are using a map to pinpoint a location. I bet that in the last month, there have been a thousand courses taught in colleges and high schools that tell students how to pinpoint locations on maps. Why isn't Apple suing those community college profs instead of HTC?

      Do I really need to answer that?

      Who came up with mapping technology first? Was it perhaps Google Maps?

    18. Re:Evil Monopoly by sdguero · · Score: 4, Insightful

      I think what Apple has been doing in the courts recently goes far beyond "marginally unethical." I mean, the company is actively trying to stymie innovation in the mobile space, and this is after they have made BILLIONS of dollars off of other companies/peoples work (and much of their own hard work but that is beside the point). It is a public company, so being driven by profit and being too short sighted to recognize that they tarnishing the brand really isn't that rare or surprising. At this point, I only know one engineer worth his salt that is still on the iOS platform (out of dozens). Those that have jumped ship from Apple cite itunes, Apple's recent legal wrangling, and/or the flexibility of the Android environment (for users and developers) as their reasons for switching.

      Maybe I'm just a weird case study but a year ago I could not of said that, and I don't think it bodes well for Apple when nerds are running from their platform. Just read the /. comments. The vast majority are negative regarding Apple's recent moves.

    19. Re:Evil Monopoly by Anthony+Mouse · · Score: 5, Informative

      If you know anything about game theory you know that the optimal strategy depends on the behavior of the other participants. For example, if there is one company that is offering a high quality product for a low price, competitors must do the same thing or no one will buy from them. However, there is a technique called "conscious parallelism" that allows companies to screw over their customers in concert with each other without actually having any formal agreement (which would violate the antitrust laws), and it works like this: One company raises their prices, or imposes some new restriction, or offers a shorter warranty, etc. As soon as they announce this, every other company in the industry does the same thing, with the expectation that as long as they all do it, customers will have no choice but to go along with it. Then all the companies benefit and all the customers are screwed.

      This doesn't work if any one of the companies decides that they would rather compete on the merits by offering a quality product for a low price, because naturally all of the other companies that don't want to compete on the merits will lose customers to them (which is why company that doesn't join the implicit cartel wants to do it). This is why you see everybody trying to fight Google: They're offering decent products basically for free, which screws up the whole cartel dynamic, so they have to be "punished" by all the people who want to use conscious parallelism to line their pockets rather than working hard to earn honest money.

      I mean look at what they've done to the whole curated computing scheme: If your only choice was between Apple's app store and Microsoft's, and you could only make that choice once every two years when you get a new device, and they both used all the same terms as one another and slowly made them more onerous... think about all the money those two would be able to extract from customers and software developers once they had them by the short hairs like that. But Google is upsetting the Apple cart, so to speak, because allowing developers to reach users outside of the "official" channels means that the different app stores have to compete with one another on the merits. Apple can't start ratcheting up their own margins because if they do then more users and developers will go to Android, where there are several markets and Apple can't expect everyone to follow their lead on pricing. Hence the litigation.

      So I guess what I'm saying is, companies don't inherently have to screw over their customers, but if they choose to buck the trend then they can capture a majority market share... at the cost of having to deal with a bunch of sore losers flinging lawsuits at them.

    20. Re:Evil Monopoly by Anonymous Coward · · Score: 4, Insightful

      The idea is to encourage entities just like Apple to spend billions of dollars researching some new technology, in full confidence they will be able to recover those billions of dollars in future by having a high profit margin on their product.

      But then every other person in the country who has a similar idea, cannot recover their research investment simply because they didn't win the race to the patent office. The problem with patents today is the absolute guarantee of unlimited exclusive use of said idea for so many years it might as well be a lifetime. And especially software patents. They don't cover just one implementation. They end up covering every potential implementation of an idea.

    21. Re:Evil Monopoly by Anthony+Mouse · · Score: 3, Insightful

      Say what you want about Apple, they *do* spend billions researching new technology. And they should be allowed to recover that money.

      You're ignoring the fact that they already have. Apple is about as far from losing money on the iPhone as you can possibly get, and the patent lawsuits have had nothing to do with that.

      They were told by their lawyers not to create Dalvik without a licensing agreement with Sun, but they ignored the advice.

      You are referring to this email by Tim Lindholm, who is not a lawyer. Moreover, the context of the email is not 'if we use Dalvik we will need a license to Java,' it is 'I think we should just use Java.'

      And now their getting their ass handed to them in court

      Any evidence of that?

    22. Re:Evil Monopoly by zippthorne · · Score: 4, Informative

      Considering what Microsoft was trying to do to Java.. Nothing that Apple or Oracle do can even come close in terms of total evilness (not to diminish their actions, they're just dwarfed in comparison). The truly horrifying thing is that Microsoft basically got away with it scott free.

      --
      Can you be Even More Awesome?!
    23. Re:Evil Monopoly by aztracker1 · · Score: 4, Insightful

      Well, first off, it it a software/design/conceptual patent... it probably shouldn't be valid... If it occurs in nature via breeding, it shouldn't be valid... If it's a business, not a technical process, it shouldn't be valid.

      That would be three good rules to start with.

      --
      Michael J. Ryan - tracker1.info
    24. Re:Evil Monopoly by perryizgr8 · · Score: 2

      Look at Android, iOS, and Windows Mobile. Can you spot who is copying and who is innovating?

      android an ios, at this point, both have features they copied from the other. whereas win phone is something completely different. and lame, imo.

      --
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    25. Re:Evil Monopoly by Rexdude · · Score: 4, Insightful

      I don't think it bodes well for Apple when nerds are running from their platform. Just read the /. comments.

      Nerds have never been part of Apple's target demographic since the days of the IIe which shipped with circuit schematics. The vast majority of people are looking for a computer/phone that works like an appliance, and are never going to tinker with or tweak them in any way.

      --
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    26. Re:Evil Monopoly by TennCasey · · Score: 4, Informative

      They made their own version that was incompatible with Sun's that was intended to eventually be built into Windows to effectively wrestle the control of Java away from them.

    27. Re:Evil Monopoly by Solandri · · Score: 4, Interesting

      Say what you want about Apple, they *do* spend billions researching new technology.

      Apple is pretty close to the bottom of the barrel when it comes to R&D spending by tech companies in recent years. I think this is part of the reason they so irk technology enthusiasts. We don't like having proof that marketing > technology rubbed in our faces.

    28. Re:Evil Monopoly by moronoxyd · · Score: 5, Insightful

      Apple has to sue them and protect their IP.

      What IP? "rectangular with rounded corners" is no IP, it's something that was around for thousands of years. (clay tablets, anyone?)
      Putting the screen more or less in the center was there before (just about any TV).

      Apple did NOT invent the MP3 plaer.
      Apple dit NOT invent the smartphone.
      Apple did NOT invent the touch screen device.

      Apple itself is only copying.
      Mouse? GUI? Design of iAnything?

      Apple is not willing to pay for past use of somebody elses IP (current Motorola case in Germany), but everybody is supposed to respect Apples IP.

      Apple is evil.
      I'm not saying that the other players aren't, too.
      But Apple is EVIL, and the worst of the bunch, in my book.

    29. Re:Evil Monopoly by moronoxyd · · Score: 4, Informative

      So Apple is the bad guy for saying that Andriod needs to recognize the existing laws and patents granted.

      No, Apple is the bad guy for expecting everybody to respect Apples patents, but being not willing to do the same for others.
      The case Motorola agains Apple in Germany is about Apple not being willing to pay for infringing on Motorolas patents for several years!
      It is NOT about Motorolo not being willing to grant Apple a FRAND licence (they are more than willing), bot about Apple not being willing to pay for past infringment of these patents.

      What do you call somebody who is not willing tho stick to the rules he expects others to follow?
      The word 'hypocrit' comes to mind.

    30. Re:Evil Monopoly by moronoxyd · · Score: 2, Informative

      HTC, Samsung, Motorola have all used denied Apple licensing for their GSM and related standards based patents they are obligated to under FRAND terms.

      I call BS.

      Motorola IS willing to grant Apple FRAND licences.
      But Apple wants to get jack free for past use of these patents, and Motorola says (rightfully so!) 'no'.

    31. Re:Evil Monopoly by bryan1945 · · Score: 4, Funny

      Clay tablets had sharp, point corners. That was the only anti-piracy they had back then- you'd poke the thieves with the pointy corners saying "Bad Sumerian IP thief!"

      --
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    32. Re:Evil Monopoly by jasomill · · Score: 5, Insightful

      What IP? "rectangular with rounded corners" is no IP

      This claim concerned a design patent, specifically granted for the "ornamental nonfunctional design" of an object. The prototypical example is the Coke bottle: there's no functional reason it has to be shaped like that.

      Alas, there are rather good functional reasons for a tablet to be flat and rectangular with an aluminum body, rounded corners, and a black bezel.

      On the other hand, it seemed to many observers inside and outside the courtroom that the Galaxy Tab was not only flat, rectangular, ..., but in fact designed to look like an iPad.

      In my eyes, it's just a silly game, really, and most likely intentional on Samsung's part, a calculated risk that, at worst, might lead to iPad-related publicity for the Galaxy Tab, not so much because they're "shameless cloners," but simply because they're trying to sell stuff and the press likes to talk about the iPad.

      Apple may be similarly silly, but this hardly arises to the level of "evil," if only because, in the grand scheme of life and death, we're talking about somewhat trivial aspects of somewhat trivial products, and marketing stunts that are mildly entertaining rather than either "soul-sucking" or invasive. Evil is the assholes who want to enjoin medical diagnoses derived from "protected knowledge."

    33. Re:Evil Monopoly by AmiMoJo · · Score: 5, Insightful

      Sure, companies are choosing to act the way they are, but the current patent system is incentivizing this behavior.

      If you own a shop and someone sets up a similar one across town and takes away some of your business you are incentivized to throw a petrol bomb through their window, but that doesn't make it right. In both cases the incentive is profit, and profit can never justify being evil.

      --
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      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    34. Re:Evil Monopoly by Theaetetus · · Score: 2

      They lost claims on 4 or 5 patents (these can never be re-asserted)

      Not so... They lost infringement claims on those patents, but not validity. They can be re-asserted against other devices.
      For example, if you sue me for trespassing on your lawn, and you lose your trespass claim in court, your lawn doesn't become public land. You can still sue others, or, if I trespass again, you can sue me again.

      But more importantly:

      and they won a tiny UI feature, that can easily be programmed around.

      This is true, and seems to be something a lot of posters have missed in their rush to rail about overly broad patents and Apple somehow patenting "the idea of touching a phone number on a screen". No, they haven't - they patented one specific implementation, and the fact that it can be easily programmed around means that they didn't didn't patent the general idea.

    35. Re:Evil Monopoly by AmiMoJo · · Score: 4, Informative

      Apple did NOT invent the MP3 plaer.

      In fact they didn't invent the iPod's two main "innovations", the scroll wheel (Synaptics) and the 1.8" HDD (Toshiba).

      Apple dit NOT invent the smartphone.

      Nor did they invent Siri or the A4/A5 CPUs, they just bought the companies that made them.

      Design of iAnything?

      Braun should sue.

      Apple doesn't innovate technologically very much, they just buy ideas and figure out how to market them as lifestyle accessories.

      --
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      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    36. Re:Evil Monopoly by stewbacca · · Score: 3, Insightful

      More like Apple takes half-baked and poorly executed ideas and executes them excellently.

      And call it "lifestyle accessories" if you want, but I can't think of what else you could call a music player or a computer. They accessorize my lifestyle very nicely. It would hard to be a computer geek without a computer, for starters.

    37. Re:Evil Monopoly by stewbacca · · Score: 2

      Except Dalvik VM is free software, MS JVM is not.

      Therefore, aliens?

      FTFY.

    38. Re:Evil Monopoly by imahawki · · Score: 3, Funny

      Sure, companies are choosing to act the way they are, but the current patent system is incentivizing this behavior. The question should be whether there is a system with better incentives, not whether companies should stop doing what they are doing, because some companies will behave responsibly, but others invariably won't and you have to expect that behavior.

      I'm not convinced any companies, even patent trolls, are truly acting irresponsibly. It's impossible to know if a patent is/isn't valid without going to court. And it's impossible to know if a patent is/isn't being infringed without going to court.

      This leads to disagreements between patent holders and potential licensors about just how much should be paid in any licensing agreement, or whether any licensing fees should even be paid at all. To make matters worse, the courts are making stupid decisions all the time.

      In my mind, this is a clear situation where we need to blame whoever wrote patent law in the first place for failing to predict the mess they created. And blame more recent government(s) for failing to do anything about it.

      But how to solve it? That's the trillion dollar question.

      If I figure it out, I'm patenting it!

    39. Re:Evil Monopoly by penguinbrat · · Score: 4, Insightful

      I'm no Apple fan, but their R&D has been increasing year after year - the percentage is dropping because they are making more...

      $2,398,000,000 (2.2% of est $109,000,000,000) 2011
      $1,760,400,000 (2.7% of $65,200,000,000) 2010
      $1,329,900,000 (3.1% of $42,900,000,000) 2009
      $1,105,000,000 (3.4% of $32,500,000,000) 2008
      $792,000,000 (3.3% of $24,000,000,000) 2007
      $714,100,000 (3.7% of $19,300,000,000) 2006
      $556,000,000 (4% of $13,900,000,000) 2005
      $331,200,000 (4% of $8,280,000,000) 2004
      $496,000,000 (8% of $6,200,000,000) 2003
      $437,600,000 (8% of $5,470,000,000) 2002
      $428,800,000 (8% of $5,360,000,000) 2001
      $399,000,000 (5% of $7,980,000,000) 2000

      (same link)

    40. Re:Evil Monopoly by AdamJS · · Score: 2

      "Other than the whole sleeping in a cell and working on a chain gang thing that makes up prison existence, my life is totally in my control!"

      There honestly does not have to be a trade-off. You can allow users to install their own apps from external sources, and still lock down your own marketplace - they could go out of their way to get their own, unofficial one! That is actual control, while still keeping the majority of the users within the default walled garden.

      Ease of use doesn't have to be at all compromised. You can always obfuscate or hide ugly customization options and techniques, so long as they are still there and they still work.

  2. Screwed up Patent System by nikomen · · Score: 5, Insightful

    Just another reason why our patent system needs to be changed. And another reason I don't know who to vote for these days. It seems that all politicians (or most) support the current patent system or don't care to do anything about it. I mean, how can you patent touching a phone number on a screen? That isn't even close to an invention. Absurdity.

    1. Re:Screwed up Patent System by mug+funky · · Score: 5, Insightful

      i think you, like the USPTO, have confused "invented" with "implemented".

      it's the implementation of a blindingly obvious idea. it's not (or should not be) patentable in any way.

  3. even if it's minor, pretty ridiculous by Trepidity · · Score: 4, Informative

    From TFA:

    So what Apple has won is a formal import ban scheduled to commence on April 19, 2012, but relating only to HTC Android phones implementing one of two claims of a "data tapping patent": a patent on an invention that marks up phone numbers and other types of formatted data in an unstructured document, such as an email, in order to enable users to bring up other programs (such as a dialer app) that process such data.

    So the non-frivolous claim on which Apple actually prevailed was essentially a regex to find things that look like phone numbers in unstructured text documents, which then link to a dialer app?

    1. Re:even if it's minor, pretty ridiculous by makomk · · Score: 3, Interesting

      So the non-frivolous claim on which Apple actually prevailed was essentially a regex to find things that look like phone numbers in unstructured text documents, which then link to a dialer app?

      It's slightly more complicated than that IIRC, but pretty much.

    2. Re:even if it's minor, pretty ridiculous by Anonymous Coward · · Score: 2, Insightful

      >

      So the non-frivolous claim on which Apple actually prevailed was essentially a regex to find things that look like phone numbers in unstructured text documents, which then link to a dialer app?

      And even worse, there was a phone Zimlet available prior to the release of the iPhone that did exactly the same thing, minus the touchscreen equivalent of a click. This is a poor decision at best.

    3. Re:even if it's minor, pretty ridiculous by jhantin · · Score: 2

      Now if only they'd clout Kontera and similar advertising providers with this patent. I don't want the word "books" to automatically become a pay-per-click link to Amazon, thanks.

      --
      ...when you're writing a game...tweak the difficulty of "Easy" to something [your mother] can cope with. -- onion2k
    4. Re:even if it's minor, pretty ridiculous by errandum · · Score: 3, Insightful

      Skype did that before apple every launched an iPhone (obviously, not on a phone, but using phone numbers).

      Whoever allowed them to get a patent like that is an idiot. It's not just the system that is wrong, is the ones controlling it and that should be evaluating patents for things like prior art and actual invention that are failing.

    5. Re:even if it's minor, pretty ridiculous by dgatwood · · Score: 5, Informative

      Maybe you didn't read the date on the patent. It was filed in 1996 and granted in 1999. This patent isn't an iPhone patent. It's a Newton patent.

      More to the point, the patent application was filed before Google, HTC, or Zimbra were even founded—back in the day when Palm was just starting to take off. You're going to have to look a lot farther back than the Zimlet for prior art.

      --

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    6. Re:even if it's minor, pretty ridiculous by DJRumpy · · Score: 2

      Actually Apple patented this in the mid 1990's.

      And even worse, there was a phone Zimlet available prior to the release of the iPhone that did exactly the same thing, minus the touchscreen equivalent of a click. This is a poor decision at best.

    7. Re:even if it's minor, pretty ridiculous by dgatwood · · Score: 2

      Actually, correction, on further searching, Data Detectors were initially a Copland UI feature (though it might have appeared in Newton at some point as well). My bad.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    8. Re:even if it's minor, pretty ridiculous by shutdown+-p+now · · Score: 3, Insightful

      I don't understand this fixation many Slashdot readers have on prior art, especially when examples brought in are much more generic than patent in question (and hence can only do what the patent describes if explicitly set up / programmed that way). I guess it's an attempt to game the existing system, but I very much doubt a non-lawyer's prior art claims would be of much use here.

      Instead, we should be focusing on the real problem, which is how ridiculously broad and over-reaching these patents are. I mean, seriously? a patent on highlighting phone numbers in the text? even if no-one implemented that by 1996, most certainly a lot of people have done it independently since then, when devices where this feature is actually useful have appeared - and that's because the idea is extremely obvious.

    9. Re:even if it's minor, pretty ridiculous by hawk · · Score: 2

      Are you sure it's a Newton patent? I didn't 2k35hl any spelling errands in 453k;jk15k . . . :)

      hawk

  4. More details by Anonymous Coward · · Score: 3, Informative

    http://www.itc337update.com/tags/337ta710/

  5. 2012 Elections - Any Hope? by Anonymous Coward · · Score: 5, Funny

    Can we elect people who will terminate software patents, please?

  6. has it always been like this? by Sebastopol · · Score: 3, Interesting

    The flurry of international tablet lawsuits seems much more rigorous than I remember for any past technology. Was it always this bad?

    Smart phones didn't sue each other this badly. Nor did DVD manufacturers. AMD & Intel went at it hard during the 80's & early 90's. Sony & Betamax sorta duked it out. But the tablet wars seem to be nutso.

    At least the economy for lawyers is booming...

    --
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    1. Re:has it always been like this? by drinkypoo · · Score: 3, Interesting

      Smart phones didn't sue each other this badly.

      Smartphones are STILL suing each other, including involvement by Apple. DVD was handled by a consortium and there's no money in going after unlicensed players, although the low-hanging fruit is picked just to keep the people making such things on their toes. Intel totally boned AMD. Betamax was a Sony technology, ITYM Betamax and VHS, but putting onerous licensing terms on a technology and killing it is actually called "Betamaxing".

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:has it always been like this? by steelfood · · Score: 4, Insightful

      No, it wasn't. Apple's terrified of Android--not necessarily what it is, but what it may become, which is another Windows against their MacOS. That's history they don't want to see repeated on the smartphone and tablet. Except, they're a little too late, so they're scrambling around desparately throwing out whatever they can against Android hardware manufacturers in hopes it'll be enough to cripple Android and Android's ecosystem for the near future.

      Meanwhile, Microsoft is just stalling while they try to get their house in order and put out a decent smartphone and tablet OS. This is why they're compelling other companies to pay royalty instead of outright taking them to court over the supposed infringed patents. They want these same companies to make Windows Mobile phones, not to go out of business.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  7. Re:Minor victory? by 0123456 · · Score: 5, Insightful

    Isn't competition what drives innovation? Where's the innovation if everyone just does what everyone else is doing?

    Who's going to be able to innovate if they're being forced to waste their time looking for ways to work around stupid patents instead?

  8. when a win is barely a win by StealthHunter · · Score: 5, Informative

    HTC gave Android Central the following statement (updated 6:20 EST): We are gratified that the Commission affirmed the judge’s initial determination on the ‘721 and ‘983 patents, and reversed its decision on the ‘263 patent and partially on the ‘647 patent. We are very pleased with the determination and we respect it. However, the ‘647 patent is a small UI experience and HTC will completely remove it from all of our phones soon.

  9. Legal costs by multiben · · Score: 3, Interesting

    I would love to know what fraction of total expenditure for some of these companies is spent on legal tangles. All these cost are of course passed on to the consumer at the end of the day, so the longer this ridiculous farce of a patent system is allowed to continue the longer it will be that we continue to pay inflated costs.

  10. Re:I'm getting sick of these news stories... by Delarth799 · · Score: 3, Insightful

    No your wrong, there IS somebody who wins. The lawyers win, and the more something is tied up in court the more they win.

  11. Re:Minor victory? by sideslash · · Score: 3, Interesting

    This should also be want Slashdot wants.

    I like diversity in Slashdot opinions. If all Slashdot readers were Apple fanboys like you, it would be boring around here.

    Isn't competition what drives innovation? Where's the innovation if everyone just does what everyone else is doing?

    It's ironic that you chose the word "competition" to describe forcing people out of a space via an effective monopoly.

  12. Fuck Apple by Anonymous Coward · · Score: 2, Funny

    or does Apple have that patented too.

  13. Re:Such as inventing Ogg Vorbis, which is better t by Bert64 · · Score: 2

    That's not reinventing the wheel, thats improving the wheel... Something you couldn't do if the wheel was patented because your improved version would still infringe on the original.

    --
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  14. Patentable inventions must be novel and unobvoius by MichaelCrawford · · Score: 2, Insightful

    I would hardly say that turning phone numbers into hyperlinks qualifies as novel and unobvoius.

    A real problem is that fiendishly expensive lawsuits are required to overturn patents. we would be much better off if just anyone could point out prior art that would get the patent office to overturn patents that aren't really novelmor unobvious.

    the patent examiner who decides the unobvious part really should be an expert in the given technology. had some examiner ever studied the most elementary graphics, they never would have granted a patent for the XOR cursor.

    --
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  15. USPTO in bed with Apple? by viperidaenz · · Score: 4, Interesting

    uspto.gov requries the use of Apple Quicktime to view images. Whats wrong with gif, jpg, png...

    1. Re:USPTO in bed with Apple? by mambru · · Score: 2

      It "just" embeds a tiff file. Maybe your browser is fooling you.

    2. Re:USPTO in bed with Apple? by viperidaenz · · Score: 2

      Damn you firefox!

  16. And maybe that is a win! by robbak · · Score: 2

    Not having this 'feature' may be a win for HTC. I find it really annoying when I touch a date and have my phone set itself up to dial '2011'. It also doesn't work, because when I try to use this feature, it only recognizes part of the number : usually just the '1800' of '1300' part, which is completely useless.

    --
    Prediction for end of Universe #42: Fencepost error in Quantum_bogosort.cpp
  17. Patents need infringment time limits by viperidaenz · · Score: 4, Insightful

    If you filed a patent 15 years ago and there have been infringements of your patent for the last 10 or so years without you even blinking an eye about, it should be declared invalid.

    I recall my pocket pc doing something like this. I bought it in 2002.

  18. Re:Such as inventing Ogg Vorbis, which is better t by Zalbik · · Score: 2

    Anyone who does not agree that software is just as mechanical as an automobile engine has never written any code.

    Sorry, but anyone who things that software is just as mechanical as an automobile engine has never rebuilt an engine.

    Spoken as someone with a math degree who earns a living coding....

  19. Re:Minor victory? by Zalbik · · Score: 2

    Isn't competition what drives innovation? Where's the innovation if everyone just does what everyone else is doing?

    Not if the "innovation" involves coming up with a non-obvious way to perform a task due to the fact that some company has patented the obvious way of performing that task.

  20. Re:Sorry to be pedantic by siddesu · · Score: 2

    Sarah Palin is a stupid man. The word "man" means two things, one is an adult of the male gender, and the other is a human person of either sex. As in, you know, "mankind".

  21. Re:Patentable inventions must be novel and unobvoi by Kenja · · Score: 2

    I would hardly say that turning phone numbers into hyperlinks qualifies as novel and unobvoius.

    In 1996, it kind of was. The issue is that the duration of a patent is too long and what was once novel has become obvious.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  22. Re:Minor victory? by Stewie241 · · Score: 2

    No, Steve Jobs said fairly clearly that he simply wants Android to die, and I somehow doubt that sentiment was isolated to him alone, especially considering he personally groomed Tim Cook.

    Considering the majority of the patents were invalidated, it isn't driving innovation they were after. If it were, they would limit their claims to those that are copying their innovative ideas. Rather, they are trying to impede the success of their competitors.

  23. Re:Minor victory? by shutdown+-p+now · · Score: 2

    Apple went through the trouble coming up with it in the first place. What's so wrong with expecting others to do the same?

    I'm inclined to believe that others who implemented this have also came up with the idea themselves, without reading Apple's patent. It's a rather obvious thing. The reason why Apple was there first was simply because they were the first ones trying to make a portable device for which this feature made sense (i.e. Newton). The device itself was too early for the market, though. But when the time for such devices came, everyone came up with that same idea - which just goes to show how obvious the thing is.

    Or do you seriously think that someone at Google is sifting through Apple's patents to see what else to steal?

  24. Re:Inevitable "Apple Sucks" Comments by 0123456 · · Score: 4, Informative

    Did you actually read the article you linked to?

    Apple has accused HTC of patent infringement through its smartphones, and filed several patent lawsuits against the Taiwan-based company in Delaware in the last two years.

    So Apple sued HTC and two years later HTC sued Apple, and HTC are the bad guy?

  25. Re:Inevitable "Apple Sucks" Comments by dell623 · · Score: 3, Informative

    HTC ONLY sued Apple in retaliation, Apple were the first to go after every Android manufacturer claiming Android copied their 'inventions'. Apple have never denied that and are completely unapologetic about the fact that they started the war. HTC are NOT doing the same thing. If they were doing the same thing as Apple, HTC would be launching lawsuits against other Android manufacturers like Samsung based on the same patents they are trying to use defensively against Apple, and even against other companies like Nokia, RIM etc.

  26. Re:Inevitable "Apple Sucks" Comments by dell623 · · Score: 2

    it's OK for HTC to use frivolous patent lawsuits and injunction requests to try and destroy another company.

    Who said anything about destroy Apple? Some dude called Steve Jobs did say something about destroying Android..

    HTC didn't start the war and they are still willing to negotiate and settle the legal issues, hell they even paid off Microsoft's extortion racket, I bet they would even pay Apple for their ridiculous patents.

    So if Apple were to assert that HTC attacked first by blatantly ripping off Apple's inventions, and that Apple was merely "retaliating" against HTC by asserting their legal property rights, you would defend Apple?

    No I wouldn't, because Apple's 'inventions' are mostly trivial and/or have tonnes of prior art e.g. slide to unlock, multi touch

    It's not for you to decide whether a patent is trivial or ridiculous. From reading other comments, most Slashbots don't even know the details of the patent, let alone the subtleties of patent law.

    That's the biggest load of crap I ever read. When the words of patent lawyers and Florian Muller count for everything and those of John Carmack and Linus Torvalds count for nothing, we are truly f##ked. And by we I mean the west, and especially the U.S. because China and the rest of Asia will go on without being encumbered by such stupidity. I have read and tried to understand more than enough of these patents and the words of patent lawyers to know that what you're spreading is pure FUD. You're insulting the intelligence of people on slashdot by trying to tell them that a software patent on a simple algorithm or process is beyond their comprehension because it is clouded in pages of incomprehensible legalese and entirely superfluous details (e.g. describing the inner working of an operating system and the mobile device which have no bearing on the funcitonality described)--that stuff is to fool the morons in the patent office (and the people who approve these patents are morons, I don't care if they are overworked underpaid morons, they're morons) and the courts. It doesn't fool us.

  27. Re:Minor victory? by Xest · · Score: 2

    Being forced to reinvent the wheel isn't innovating, it's time and money wasting.

    Humanity will get nowhere if it's forced to invent the same things over and over, rather than focus on inventing new things.

  28. Re:Patentable inventions must be novel and unobvoi by gl4ss · · Score: 3, Interesting

    meh it wasn't. I think you're forgetting how 1996 was. you could select email addresses back then in some sw and send email. even 1993 you could find prior art.

    when was lynx made? because what it actually does if there's an email tag is analyze the input and make it clickable and give you a choice to send email, no? the patent is so broadly worded that it's rather irrelevant if there's the tags around it or not.

    --
    world was created 5 seconds before this post as it is.