Samsung: Android's Multitouch Not As Good As Apple's

itwbennett writes "Hoping to avoid a sales ban in the Netherlands, Samsung has said that Android's multitouch software doesn't work as well as Apple's. Samsung lawyer Bas Berghuis van Woortman said that while Apple's technology is a 'very nice invention,' the Android system is harder for developers to use. Arguing the bizarre counterpoint, Apple's lawyer Theo Blomme told judge Peter Blok, that the Android multitouch isn't inferior and does so infringe on Apple's patent: 'They suggest that they have a lesser solution, but that is simply not true,' said Blomme."

Comments

Re:As good a time as any other

[Desler]

First to file does not eliminate prior art as a way to invalidate a patent.

From here:

The law will switch U.S. rights to a patent from the present "first-to-invent" system to a "first inventor-to-file" system for patent applications filed on or after March 16, 2013. The law also expands the definition of prior art used in determining patentability. Actions and prior art that bar patentability will include public use, sales, publications, and other disclosures available to the public anywhere in the world as of the filing date, other than publications by the inventor within one year of filing (inventor's "publication-conditioned grace period"), whether or not a third party also files a patent application. The law also notably expands prior art to include foreign offers for sale and public uses.[6]

In conclusion, YOU FAIL IT.

Re:As good a time as any other

[geekoid]

You are the one that needs the lesson:
http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_102.htm

A person shall be entitled to a patent unless -

(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent

so this:
" If you do it and dont patent it doesn't count as prior art."
is just wrong.