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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."

36 of 247 comments (clear)

  1. why was it even granted? by MickyTheIdiot · · Score: 5, Insightful

    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.

    1. Re:why was it even granted? by TubeSteak · · Score: 4, Informative

      I wonder how these "patent examiners" live with their mediocrity? I'm envisioning Amadeus' Salieri...

      In the past, like many government bodies, the Patent and Trademark Office was underfunded/understaffed.
      This meant the Examiners didn't have enough time to do the job expected of them and meet their targets.

      When Obama signed the America Invents Act, he changed the USA from a first-to-invent to a first-to-file system.
      The law also changed how the Patent Office is funded. Previously, Congress got all the patent filing fees, then gave the PTO whatever they felt like.
      Now, the PTO sets its own fees and any fees beyond the Congressional allocation are placed into escrow, instead of the general fund.
      This means that Congress can no longer siphon off the PTO's fees for other projects and the PO can try to get the funds re-allocated later.

      TLDR: The Patent Office was wildly underfunded/understaffed and the situation should improve sooner rather than later.

      --
      [Fuck Beta]
      o0t!
  2. Re:I hear millions of ifans by Tablizer · · Score: 5, Funny

    you mean iGony

  3. Re:What wrong has Steve done to you? by Xenx · · Score: 5, Informative

    Err.. Apple wanted to call it the Jobs patent, but were denied. How is it Slashdot's fault for actually referring to it as the Jobs patent?

  4. Re:I hear millions of ifans by Anonymous Coward · · Score: 5, Informative

    Here's a sample:
    _____________
    Rubbish. Here’s our own government handing the keys to our future economic prosperity over to Korea wholesale.

    The sound of the jobs being flushed down the toilet may be your own.

    Jubei
    Friday, December 7, 2012 - 5:53 pm Reply
    _____________
    Agreed. All this hard work from Apple invalidated giving the green light to slavishly copy them. The US is heading down irrelevancy by its own government.

    khryshimself

    Read more at Link

  5. As a satisfied owner of Apple products... by ilsaloving · · Score: 5, Insightful

    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.

    1. Re:As a satisfied owner of Apple products... by erroneus · · Score: 4, Insightful

      Agreed.

      I'm no Apple fan at all. But there's no denying that they make/made a kind of irrisistible candy that no one could actually duplicate. It was stupid of them to think anyone else was a threat.

      I see lots of things wrong with Apple's products. It's not free enough for me. It's terrific for other people though and that's more than enough to keep them in business though. The problem is they never seem to be satisfied when they have "enough."

    2. Re:As a satisfied owner of Apple products... by jkrise · · Score: 5, Interesting

      Isn't that capitalism at its finest?

      Utterly wrong. This is a crude, barbaric brand of nihilism.

      Capitalism believes in the unbridled accumulation of wealth. But the neurotic psychopath Steve Jobs was not after wealth. In his own words:

      "I don't want your money. If you offer me $5bn, I won't want it. I've got plenty of money. I want you to stop using our ideas in Android, that's all I want."

      A pure nuanced capitalist would've licensed the thousands of patents at a realistic price and made lots of money for himself and his shareholders. But Jobs wasn't a capitalist, he was a self-confessed copycat, an anarchist, nihilist and narcissist rolled into one.

      --
      If you keep throwing chairs, one day you'll break windows....
  6. Re:What wrong has Steve done to you? by Osgeld · · Score: 5, Funny

    the last mac I bought was not even a year old when saint jesus jobs deemed my very expensive computer unworthy of OSX... 8 years later someone figured out if you swap two bytes in ram you could run upto os 10.2 on the fucker.

    So making a decision to fuck over customers cause he wanted basically the same machine in a dumb shit blue case is just one of a billion reasons that arrogant con-artist deserves a boot up his used car salesman ass, both in life and in death.

    Course now that he is dead, he cant dazzle you morons with a new toy

  7. Re:What wrong has Steve done to you? by bondsbw · · Score: 4, Funny

    8 years later someone figured out if you swap two bytes in ram you could run upto os 10.2 on the fucker.

    That's probably what killed him.

    (Too soon?)

    --
    All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
  8. Re:What wrong has Steve done to you? by gagol · · Score: 5, Insightful

    IFF there is a god, I am pretty sure he/she/it is against hoarding cash like crazy.

    --
    Tomorrow is another day...
  9. This is the price of going "thermonuclear." by erroneus · · Score: 4, Insightful

    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.

    1. Re:This is the price of going "thermonuclear." by Daengbo · · Score: 4, Informative

      There is no rational definition under which Apple is losing anything right now.

      Umm, they lost $35B in market cap just a couple of days ago. That's something. Their stock is down about 23% from a couple of moths ago. They're losing something.

    2. Re:This is the price of going "thermonuclear." by erroneus · · Score: 4, Insightful

      Not gonna do all of that. I will, however invite you to review the market trends. The interest in iPad, iPod, iPhone have declined. Perhaps the market is saturated already. The stock market shows their value dropping. The intellectual property is also being lost as a direct result of their assaults. Their secret deals with other handset makers are being brought to light and weakening their cases against others.

      Another point of failure is that while initially people were quite scared of Apple's thunder and initial success with their claims backed by doctored images and the like. They somehow won some injunctive relief along the way. But after much legal scrutiny, it is being shown that injunctive relief is inappropriate. Apple has yet to show irreparable harm which is a requirement for injunctive relief. If money can make them whole, then they are ineligible for injunctive relief.

      Also, Apple did not invent the multi-touch anything. They didn't invent the ARM processor or invent the first devices using it... on the internet. We get it. Your a rabid, mouth foaming fan. But you really need to revisit your beliefs and balance them against the facts. It makes you look... well... you decide what it looks like when someone's beliefs lie in contrast to reality.

      I think the most significant argument Apple has offered is "trade dress." But the problem with the argument they are making is that I don't think any device so far is similar enough to Apple's to be call infringing. I think Apple's devices are uniquely and unmistakably Apple's. And at least a judge in the UK courts agrees with me on that and has been successful at driving that point home. (I am sure you followed that story right? And their childish handling of the judge's orders?) So even in this, Apple is losing.

      And the judges in cases being made all over the world are comparing notes and all that. Did you notice how the case of Samsung vs. Apple in Japan was getting discovery through the US courts? Apple thought it could file suits in various nations all over the world and collect different judgements, but it turns out every different loss it becoming a limitation on all of the other cases being filed everywhere else.

      Apple started out big. They are no longer. Their cases are failing. Their market share is failing. The lines outside of Apple stores have all but disappeared.

      I know you think that become I don't love Apple that I must hate Apple. I don't. I own and use a mac mini and my wife uses a mac pro for her web development and design work. I like the devices very much but I recognize their limitations. And the limitations of Apple's stuff are easy to recognize. I can simply do more in many cases than I can do more with other platforms than I can with Apple's. For example, can you connect an iPad to a bluetooth OBD2 module so you can get data from your car? I can with Linux, Android and Windows. Apple had decided that iHandheld devices can only use bluetooth for hands-free purposes. Why? I don't really care why. I just know that I can't do what I want to with Apple's gear. I can only do what is the intersection between what I want and what Apple wants. And that's a serious limitation.

  10. Re:Only 'preliminarily' invalid... by jkrise · · Score: 4, Insightful

    Also, the patent office needs to be shut down.

    Also, a complete rejection of all claims of a given patent is potentially more devastating than one affecting only some claims.

    All of 20 claims mentioned in the patent and issued by the USTPO have been rejected. Does this not prove that the issuing office has no right to exist in the first place? Millions have been lost litigating this absurdity.
    -
    Apple would lose two iconic patents, but it would still have thousands of other patents, including hundreds of multitouch patents .

    More evidence that the patent office should suffer the 'thermonuclear' treatment that Steve Jobs spoke about. The two so called iconic patents have been completely rubbished; but hundreds more yet to come. So this Florian scourge is not just happy that millions have already been sunk to the lawyers and courts with 2 patents; he is sitting smug in his seat dreaming about how hundreds more such patents will keep him and so called 'patent-experts' like him, employed for life.

    --
    If you keep throwing chairs, one day you'll break windows....
  11. Re:What wrong has Steve done to you? by Noir+Angellus · · Score: 5, Informative

    That's probably what killed him.

    (Too soon?)

    Not soon enough! Jobs was a class 'A' douche-bag. He openly flaunted patents, stole IP (every "original" design he ever produced or commissioned was a direct copy of an existing item from another company, Baun suffered greatly from this http://www.idigitaltimes.com/data/images/full/2012/09/04/1223-braun-or-apple.jpg) and bullied countless REAL innovators out of business. The only "multi-touch" he ever created was what he did to customers' wallets, or it would be if screwing idiots over was anything remotely original. Jobs also abandoned and denied paternity of his first child and summarily ended all philanthropic programs (that's charity if anyone is wondering) sponsored by Apple when he took control. The only thing he ever achieved personally was to make sure anyone wearing a turtle neck (skivvy in local parlance) look like even more of a douche. What did Jobs ever do to us? He screwed us. All of us. Even those who have never and will never buy any iShit suffer because of what he's done to the industry as a whole.

  12. Re:Only 'preliminarily' invalid... by __aaltlg1547 · · Score: 4, Interesting

    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

    Make the holders of invalidated patents pay back their license fees.

  13. Re:What wrong has Steve done to you? by White+Flame · · Score: 5, Insightful

    Patents like this are incredibly stupid. It ostensibly doesn't matter who filed them, except that the higher profile the owner is, the more damage it does. The downfall of the patent should be celebrated.

  14. Re:What wrong has Steve done to you? by Tough+Love · · Score: 4, Informative

    For a while Steve Jobs made his living peddling "blue boxes" that got free long distance calls by hacking the telco switching equipment. He even stole money from his friend Steve Wozniak. And made a habit of parking in the handicap space. And smelled bad, which is some kind of crime against those in the immediate vicinity.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  15. Re:What wrong has Steve done to you? by Tough+Love · · Score: 5, Funny

    Apple would have filed a patent on distinguishing right from wrong, except they never got that one to work.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  16. Preliminary Invalidation, not end of the road. by maelfius · · Score: 5, Interesting

    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.
  17. Re:What wrong has Steve done to you? by click2005 · · Score: 4, Funny

    They'll just re-apply using a 26.5 degree angle.

    --
    I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
  18. Re:What wrong has Steve done to you? by Tough+Love · · Score: 4, Interesting

    Blue boxes were created to explore phone networks.

    "Explore" as in getting free long distance phone calls. Say, you would be an Apple employee, wouldn't you? Your attitude matches perfectly.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  19. arctan(1/2) by tepples · · Score: 4, Informative

    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.

  20. Re:What wrong has Steve done to you? by Anonymous Coward · · Score: 5, Insightful

    I can't think of anything great that Jobs did. He didn't invent or build anything, high level direction doesn't count for squat in my book. He was the best marketing droid/pitchman of recent history, but that just a shitty thing to be around for the rest of humanity.

  21. Re:What wrong has Steve done to you? by meerling · · Score: 5, Informative

    More like 'Exploit'. The phone systems then used specific tones to control it. Those 'blue boxes' just repeated the tone used to activate an authorization for a no charge long distance call. Those boxes weren't even doing anything new, as the specific tone was well know to the phreak community and hackers in general. One gained the handle of "Captain Crunch" because he found out that the whistles that came in Captain Crunch cereal at that time produced that specific tone and could be used to activate free calls. Steve Jobs merely tread upon a road well worn by those that came before, and he charged as much money as he could to those who weren't in the know.

  22. Re:I hear millions of ifans by Runaway1956 · · Score: 4, Insightful

    The stench of hypocrisy is overwhelming. Apple has made most of it's billions by utilizing slave labor in third world countries. Suddenly, they are worried about American jobs? The few jobs they are moving to America are nothing more than a publicity gambit, IMHO.

    If I had a few tens of thousands of people employed directly or indirectly, and I decided to move several hundreds of those jobs to the United States, the total impact on anyone's economy would be negligible. And, the cost to me would have little impact. I would still have almost all my work performed by slave labor in third world countries.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  23. Re:What wrong has Steve done to you? by Anonymous Coward · · Score: 5, Interesting

    From wikipeida: Steve Jobs "was assigned to create a circuit board for the arcade video game Breakout. According to Atari co-founder Nolan Bushnell, Atari offered $100 for each chip that was eliminated in the machine. Jobs had little specialized knowledge of circuit board design and made a deal with Wozniak to split the fee evenly between them if Wozniak could minimize the number of chips. Much to the amazement of Atari engineers, Wozniak reduced the number of chips by 50, a design so tight that it was impossible to reproduce on an assembly line.[further explanation needed] According to Wozniak, Jobs told him that Atari gave them only $700 (instead of the offered $5,000), and that Wozniak's share was thus $350.[53] Wozniak did not learn about the actual bonus until ten years later, but said that if Jobs had told him about it and had said he needed the money, Wozniak would have given it to him."

  24. Re:What wrong has Steve done to you? by Anonymous Coward · · Score: 5, Insightful

    Dang, Jobs who died richer than belief, and started a crusade against Google for "stealing" something Jobs never owned, gets seated next to Allah, Buddha and Jesus. But Einstein, Tesla, Maxwell, Newton, and countless others who actually contributed something useful to the world never get mentioned...

  25. Re:What wrong has Steve done to you? by poetmatt · · Score: 5, Funny

    Of course, that's because it was denied when he applied for it in the first place.

  26. Re:What wrong has Steve done to you? by narcc · · Score: 5, Insightful

    That story really puts things in perspective, doesn't it?

    Woz: A brilliant engineer and a genuinely good person.

    Jobs: A liar who will happily screw over even his closest friends to make a buck.

    Which one does the media celebrate?

  27. Re:What wrong has Steve done to you? by maxwell+demon · · Score: 5, Insightful

    IFF there is a god, I am pretty sure he/she/it is against hoarding cash like crazy.

    So to find out whether there is a god, we just have to find out whether you are pretty sure he/she/it is against hoarding cash like crazy. :-)

    --
    The Tao of math: The numbers you can count are not the real numbers.
  28. Re:What wrong has Steve done to you? by maxwell+demon · · Score: 4, Insightful

    The highest market valued one, but certainly not the most valuable one.

    --
    The Tao of math: The numbers you can count are not the real numbers.
  29. Re:What wrong has Steve done to you? by rtb61 · · Score: 4, Insightful

    The one that most closely resembles all the other media personalities (make believe personalties). Now I wonder why?

    --
    Chaos - everything, everywhere, everywhen
  30. Re:I hear millions of ifans by PlusFiveTroll · · Score: 4, Insightful

    Don't worry, you can keep slave jobs here in the U.S.

    http://en.wikipedia.org/wiki/Federal_Prison_Industries

  31. Re:What wrong has Steve done to you? by Anonymous Coward · · Score: 5, Informative

    That story really puts things in perspective, doesn't it?

    Woz: A brilliant engineer and a genuinely good person.

    Jobs: A liar who will happily screw over even his closest friends to make a buck.

    Which one does the media celebrate?

    Jobs did this to a lot of people, often to the tune of hundreds of thousands of dollars. For awhile his trick was insisting that a written contract was unnecessary and would get in the way of friendly future business relationships, but that he'd guarantee if person X delivered Y, Jobs would compensate him with Z. Then when Y was delivered Jobs would say that there was no way he would have made such an arrangement and that X was up shit creek without a contract.