Steve Jobs Patent On iPhone Declared Invalid
An anonymous reader writes "Apple's most famous multitouch software patents are increasingly coming under invalidation pressure. First the rubber-banding patent and now a patent that Apple's own lawyers planned to introduce to a Chicago jury as 'the Jobs patent.' U.S. Patent No. 7,479,949 covers a method for distinguishing vertical and horizontal gestures from diagonal movements based on an initial angle of movement. For example, everything up to a slant of 27 degrees would be considered vertical or horizontal, and everything else diagonal. The patent office now seems to think that Apple didn't invent the concept of 'heuristics' after all."
That you have to go picking at him like this? Really, this is the new classy Slashdot? Picking on Steve Jobs? Really?
Screaming in agony
Going to love to read macdailynews.com take on this
Great!!! Apple must stop patent crap.
FTA:
Friday, June 1, 2012
Good riddance to this patent. It's yet another example of how the patent office will let just about anything slip by right now.
If putting ONE widget/idea/whatever on a machine is patentable, then putting multiple "things" on a machine is obvious. "Multitouch" is the same a "touch."
Another one: If putting wifi on a computer is patentable, then putting wifi on any computer-like device (tablets, phones, anything using a processor) is obvious.
The trolls are maybe less than half the problem. Letting these companies patent the kitchen sink just because there is a trivial change is a huge part. And they won't pay of examiners that actually know what they are doing because it means a pointy headed administrator will have to be paid less to do it.
Jobs certainly was good at slanting.
Table-ized A.I.
Why those assholes take years to determine 'full' invalidity is beyond me.
Also, this patent show up Steve Jobs for the sociopath asshole that he was. Patenting a 'complete solution' is okay; patenting a small process or a way of operating a device is a fundamentally flawed approach to granting patents in the first place.
Meanwhile, millions have been lost fighting this useless patent, and HTC were idiots to settle, etc etc
If you keep throwing chairs, one day you'll break windows....
How do I patent shooting a big fat load up some hipsters nose after they smoke my pole because I have the latest iShiny? I call it the "Snowy Walrus"
My hair is a bird. Your patent is invalid.
Re: "...Apple didn't invent the concept of 'heuristics' after all".
Wrong. Apple not only invented heuristics, they also invented the US Patent Office. Then patented them both!
As a (up till now) satisfied owner of Apple products, all I can say is: Good.
Maybe if they lose enough of these stupid patents, they'll start thinking less about suing the world into oblivion and go back to doing what made them the company they are now: Making products that delight their customers.
From recent events, it's clear that Apple forgot that part somewhere along the line.
Does he fall down often?
You wouldn't pick up a real apple off of a picnic table at the park or the tray full at the grocery store if someone had already taken a bite out of it and left it there, so why would you ever buy a 'computer' with a bite taken out of it and physical labeling that advertises that fact accordingly? I will self mod as Troll so as to save macDot, err slashdot, some cpu cycles.
Apparently Steve never learned the actual lesson and message behind the movie "War Games." There are no winners in thermonuclear war. The only way to win is not to play.
I believe Jobs would have halted this as it got more ugly and apparent that Apple would lose. But since he died, there was no halting it and I suspect anyone at Apple who would want to "go against god's... err Jobs's will" would be branded a heretic or a traitor or something like that.
Apple is already losing the war over the touch screen smart phone. They are losing their intellectual property as well. They are causing harm to everyone in the industry and that includes the consumers whether they use Apple or Android or even something else.
The sooner this is concluded the better. Samsung needs a new trial. Apple's IP needs to be resolved as to what is valid and what isn't. It needs to be settled.
Looks like the laws of physics are true.
That gnarled and ugly head of reality is rising within the Cupertino One Fortress.
As the intellectual capital have very short shelf life, the real money in the bank is leaving Pronto and with it Apples future.
The question now: How long to the end?
Who dont have the same capitol to fight these insane court cases?
Its great that Samsung and Motorola and others wont have to worry about apple banning them and recalling their products over this, but what about small businesses, if there ever were such a thing in the phone market.
This is wonderful, but I know that if I went into business tommorow there are many markets I could not touch because I don't have billions backing my non-existant and B-team legal department.
This is just a preliminary invalidation, not the end of the road for this patent. Many patents that are in this state survive (partially or wholly). This simply is the start of a process within the USPTO.
(Relevant Post taken from Mac Rumors discussion on this, this is not my post, but relevant for this discussion): http://forums.macrumors.com/showpost.php?p=16445804&postcount=39
Folks -- a preliminary invalidation is a non-event. Every patent you apply for is almost always initially rejected. It is the way the patent examiner pushes the burden back on the inventor. They reject, you appeal, they reject, you appeal, patent issues.
Typically the findings for an initial patent application are really weak and easy to overcome.
The re-examination process is the same way. The patent examiner places himself in the position of the person trying to shoot the patent down. That is because the other party to communicate with is the original inventor and obviously they are going to push for maintaining the application. So in order to do proper due diligence, the examiner needs to find reasons to refute the patent, and then there is an appeal, and then possibly another invalidation, and another appeal and then the patent likely holds in some form.
In short... nothing to see here... move along.
I don't know the actual percentage, but I'd bet 99.9% of all patents for which a reexamination was requested receive a preliminary invalidation. And I don't think the patent office can refuse to do a reexamination on a patent.
Full Discussion here: http://forums.macrumors.com/showthread.php?t=1503872&page=1
Information is not Knowledge.
it will just have sprung into being magically, ready for everyone to copy.
I would like to see a new law on the books: "wrongfully or negligently issuing a patent", to be used as follows:
In the case where a patent is declared invalid, I would like to see the issuing patent office held responsible for damages done....
And to reimburse the patent applicant for:
1) the fees charged for granting the patent
2) legal fees incurred by the patent holder in attempting to defend the patent before it is struck down
And to reimburse any party who is financially damaged by the patent office having wrongfully issued a patent, such as
3) to any company which licensed the patent: any license fees paid out to use the patent
4) to any company which was sued for infringing on the patent: court costs and damages
Patents are applied for in good faith. If the recipient can be irreparably damaged due to negligence or other actions which wrong the recipient, shouldn't there be legal recourse?
Do you think they might hold "inventiveness" and the "obviousness" tests, and the search for prior art to a higher standard? Do you think they might search and remedy any weaknesses in the system?
Accountability anyone?
Sent from my ENIAC
All I can say is: GREAT! Lets have more of this.
A patent grants a monopoly on an invention for about 19 years. Steve Jobs not only stole other people's ideas; he applied for and got patents on some of them. And worse, he was using those patents not just as a defense; he wanted to destroy alternate models of computing.
In the computing world, the WALLED GARDEN, or JAIL approach followed by Apple is a minority. Or atleast it is, in the desktop space. Apple's phenomenal success in the tablet and phone space is admirable, but very BAD for the rest of the ecosystem.
According to the 'expert' referenced, Apple still has thousands of patents in these areas of computing; and the loss of 1 or 2 patents will not make any impact overall. So I hope more of these stupid patents get tossed out, and open computing platforms thrive in all form factors, including mobile and touch devices.
If you keep throwing chairs, one day you'll break windows....
A lot of the patent-wars patents have been truly idiotic, but the complicated heuristics they use to get reasonable expectations from a humans wiggly, haphazard, poorly directioned squiggles is actually pretty important, as based on even the simplest description, it seems like they speed a good deal of time in the lab developing it. Lesser touch-screen devices get confused incredibly easily.
I'd bet it's actually an arctan(1/2) angle, which would lead to an efficient implementation: if abs(rise)/abs(run) is within the range [0.5 ... 2.0], it's diagonal.
Even long after death, he can cause quite a stir in the tech community. He's the Michael Jackson of tech industry. Hell, he's the Margaret Thatcher of tech industry! To some hero and saviour, to others a villain and a crook.
Truly a remarkable personality - take it as you will, if you've ever had anything to do with electronic consumer goods, he probably made an impact on your life at some point. There's no denying that.
Back on topic - the USPTO is finally breaking free of the Reality Distortion Field. Suddenly, something obvious doesn't feel revolutionary just because it has Apple logo on it. More 'sensational' rejections of Apple patents are under way I believe. Especially, since Apple's lawyers went haywire after Job's death. They probably think "what would Steve do" and end up doing something similar, only with much less finesse, and it doesn't seem to work just as well. Good thing SJ left Apple with billions of dollars of savings - they'll need those soon enough.
Wow, I'm really surprised this was lost, there was nothing else like the banding and other highly intuitive GUI features introduced by the iPhone... I just got a new book off of Amazon last week called Atari Inc Business is Fun and it has this whole section called Breakout of Myths and it totally tells the full details of Steve Jobs working at Atari and it even has input from Wozniak on building the Breakout arcade. There was actually far more detail in this book than the Jobs book so I'm glad I picked it up. If Apple's IP and Jobs legacy is dismantled you have to wonder if Apple will continue to keep putting out great product that everyone plays catch-up trying to clone :-(
If this one went through I was going to file the following four patents:
Gravity, electromagnetism, strong nuclear force and weak nuclear force.
I figured once I got those approved I could sue douche-bag-patent-trolls(TM) for failing to pay me a licensing fee for their existence.
atan2 is a transcendental function, which on some architectures may take more time to compute than a slope comparison that boils down to two absolute values, a division, and two subtracts.
Samsung F700
I thought iScrupture already told the True Believers that the iPhone was begotten, not made, by the almighty Saint Jobs. Isn't "sprung into being magically" just an extension of that?
Apple has a patent on the method and design of making an object "Springing into being magically"
PROFIT
I don't remember my login and have changed e-mails, so I can't get into my old /. account, and it won't let me tag as an AC, but...
SHOULDN'T THIS BE TAGGED WITH "suddenoutbreakofcommonsense"?
Please someone with an active /. login fix this, as that's the correct tag.
Thanks!
When a patent gets invalidated, Apple cannot any more use it against the small guy either. It just evaporated. So this does good to the small guy as well.
Of course when there's a settlement without the patent getting invalidated, the small guy is still fucked. Unfortunately that gives big companies an extra incentive to settle: Even if it should cost them more that winning the lawsuit, it may be worth it for them by keeping new competition away.
The Tao of math: The numbers you can count are not the real numbers.
Perhaps the could be called iPirateThings?
My ism, it's full of beliefs.
Don't invest in lawyers to clean the shit, ignore particular patent cases, invest in legislative patent reforms and pressure your representatives. There is no point in seperating the wheat from the crap because it smells so bad.
or LG Prada
Or even IBM Simon, for that matter
It's The Golden Rule: "He who has the gold makes the rules."
http://www.idownloadblog.com/2012/06/04/corning-outs-ultra-slim-flexible-willow-glass/
What's past is NOT ALWAYS prologue for the future!
Makes sense. Now that Steve's dead, there's nobody around to PAY OFF the patent office.
"So, basically, the Patent Office simply "rubber stamps" this kind of thing and says "leave it to the courts"?"
Yes, but worse, the courts then turn round and say "The PTO wouldn't have agreed with this patent if it hadn't been valid". I.e. "Leave it to the PTO".
The problem is that everyone who has been sued or has had to litigate against this patent or has gone out of business because of legal action due to this patent has been screwed. They should get full compensation from Apple for lost profits, legal fees, and any winnings awarded to Apple because of the patents. All licensing fees should be refunded in full. It's only fair that hardships caused by a patent that has been invalidated should be compensated for.
"Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
Jobs got engineers to do really good work. That was his contribution to society.
He lacked the technical interest to make anything on his own. No product from Apple ever could be called new. But then again I believe the same applies to any product from any company. The distinguishing characteristic of Apple and reason for its success was not creativity but flawless execution. And again, the same could be said for Google and most successful people or companies.
Again, the reason for Apple's success was flawless execution. This execution was by the hands of the engineers, not Jobs. However, Jobs was the one who gave them the room --- and whip --- to do it.
Yup, it's standard practice for the USPTO to "rubber stamp" this kind of "thing" (inventive ideas) and for the courts to be the location where the inventiveness is challenged. Patents and patent protections are ordinarily civil matters, not criminal--you won't ordinarily find the police on the hunt for patent infringers. It's up to patent holders to defend their intellectual property and for competitors to challenge those patents in court.
I believe the iPhone UI was very inventive and that the court's action (actually just one ancient judge) is ill-conceived. While Judge Posner (just one man in a position of power) has widely expressed his opinion that software patents are bad, that doesn't mean he's right. And just because 100K vociferous Android developers would like to abscond with Apple's UI inventions doesn't mean they're right either.
Patents will ruin technology world.
This is trivial and obvious, the stuff some people patent these days is a fucking joke.
Finally, the patent office is using common sense.