Slashdot Mirror


Apple Loses Patent Suit To University of Wisconsin, Faces Huge Damages (reuters.com)

An anonymous reader writes: Apple has frequently been in the news for various patent battles, but it's usually against one of their competitors. This time, Apple is on the losing end, and they're losing to the University of Wisconsin-Madison. A jury found that the university's patent on improving processor efficiency (5,781,752) was valid, and Apple's A7, A8, and A8X chips infringed upon it. Those chips are found within recent iPhone and iPad models, which generated huge amounts of money. Because of the ruling, Apple could be liable for up to $826.4 million in damages, to be determined by later phases of the trial.

312 comments

  1. Live by the sword, die by the sword. by serviscope_minor · · Score: 5, Insightful

    I'm generally pretty against patents.

    However, I love seeing bad things happen to bad people, especially if it's ironic punishment. Yeah patents should probably be scrapped, but anyone who tries to patent rounded courners and then sues deserves to lose patent lawsuits.

    --
    SJW n. One who posts facts.
    1. Re:Live by the sword, die by the sword. by mysidia · · Score: 0

      but anyone who tries to patent rounded courners and then sues deserves to lose patent lawsuits.

      Apple did a lame job in protecting their IP: patenting smart corners, instead of something more vital about their type of product, such as the concept of an integrated app store, and the kind of applications they brought to the platform, but the iPhone, their implementation of the smartphone truly was an innovation that got stolen by now competitors (e.g. Android).....

      I'm not sure why they bothered with superficial patents on things like the shape of the device's packaging, which was probably the least-important aspect of the product beyond initial marketing and making the device look 'cool' to prospective buyers.

    2. Re:Live by the sword, die by the sword. by Big+Hairy+Ian · · Score: 2

      Agreed, however, for many research orientated universities patents are a vital source of revenue.

      --

      Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    3. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 5, Insightful

      such as the concept of an integrated app store

      You mean like Cydia: the first app store for the iPhone? Fun fact it was available via a jailbreak before apple launched an app store.

      I'm not sure why they bothered with superficial patents on things like the shape of the device's packaging

      Because they're not much of an innovator. This is not a troll. They've never been terribly good at inventing brand new things. What they do very well, arguably better than anyone else is taking a bunch of existing but not very popular technologies and producing an implementation which doesn't massively suck before anyone else.

      I don't believbe I'm doing them a disservice with that, doing such a thing is clearly very hard else they wouldn't be the first people to do it after others have tried and failed. But it's not generally protectable with patents.

      In actual fact, I think claiming Apple has made innovations where they haven't is actually doing them a disservice because it detracts from what they are uniquely good at.

      Look at the history of things they're well known for:

      The iPod: the canonical MP3 player. Not the first, afterall we know it had no wireless and less space than the Nomad (lame!) but by far the most popular and became synonymous with MP player. Due in large part because all the ones before had horrendous interfaces and other awful misfeatures.

      Smartphones: IBM invented the concept of the toucscreen only phone in 1993. Nokia had this device https://en.wikipedia.org/wiki/.... AT&T pretty much nailed the real concept of a smartphone http://www.xorl.org/people/njh... as one might recognise it with a decent UI and apps, except it needed a remote application server, too much connectivity and generally the tech wasn't up to it in 1998. Heck, they weren't even the first to put multitouch on a phone. What they did was combine all those elements in a way which didn't suck.

      And so on.

      --
      SJW n. One who posts facts.
    4. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 1

      Are you joking me? You think integrated store should be patentable? You might as well patent Big Box Department stores for all being the same. At best, you'd have to ignore a good chunk of flip phones that had a "Get More Games / Get More Apps" button in them -- practically all mine from 1995 had one.

      LOL, that's so hilarious that you think it's an innovation. Oh wait, you're a fanboy, aren't you? =P

    5. Re:Live by the sword, die by the sword. by mvdwege · · Score: 1, Troll

      the iPhone, their implementation of the smartphone truly was an innovation

      Bullshit. It was a slick repackaging of existing concepts. Nothing wrong with that, it was very slick, and existing smartphones had plenty of rough edges that could use some sanding off, but innovative it was not. Unless you want the word to lose all meaning.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    6. Re:Live by the sword, die by the sword. by fuzzyfuzzyfungus · · Score: 1

      Speaking of 'generally against patents'; is there anyone around who knows enough about CPU architectures to tell us if the patent in question is basically a 'restate idea painfully obvious to one skilled in the art and/or articulated in 1960 but not actually used because there weren't enough relays on earth to implement it' type patent, or whether it is actually something clever, non-obvious, etc?

      The grim world of software patents doesn't fill me with optimism about them; but if this is actually a decent patent on something non-obvious, useful; and not so broad as to give veto power over basically all CPUs ever; then it would be the patent system working more or less by design.

    7. Re:Live by the sword, die by the sword. by PopeRatzo · · Score: 2

      smart corners

      Wait a minute. Apple calls them "smart corners?

      --
      You are welcome on my lawn.
    8. Re:Live by the sword, die by the sword. by Maritz · · Score: 1, Insightful

      such as the concept of an integrated app store

      That is obvious. Like, really fucking obvious. With that in mind, I'm surprised they didn't patent it.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    9. Re:Live by the sword, die by the sword. by rworne · · Score: 1

      Look at the history of things they're well known for:

      The iPod: the canonical MP3 player. Not the first, afterall we know it had no wireless and less space than the Nomad (lame!) but by far the most popular and became synonymous with MP player. Due in large part because all the ones before had horrendous interfaces and other awful misfeatures.

      The iPod had large "misfeatures" for most at the time it was released: It was firewire and Mac-only.

      This is where Apple (or likely: Jobs) show how they were really clever - it generated a huge buzz in the media, suddenly everyone wanted one, and they had to buy a Mac to get it. When the Windows version came out, they managed to do it when the interest in the iPod was still very high, and it was just like printing money.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    10. Re:Live by the sword, die by the sword. by Curunir_wolf · · Score: 3, Insightful

      Agreed, however, for many research orientated universities patents are a vital source of revenue.

      Wisconsin-Madison is a state-supported school. I realize these days it's considered okay to double- and triple-dip into taxpayers pockets, but this system where schools get to have tax money for research, and then patent the results for profit, is completely wrong. As a citizen, it means I'm paying for the research, then paying AGAIN to have any access to it. Based on state-granted monopoly.

      At best, any revenue derived from these university patents should go back into the general fund, not for the (unencumbered) sole use of the school.

      Of course, everybody talks about doing things for the public good, but as soon as an opportunity arises for any significant personal gain, they will screw the public every time. Seems to be part of what the US culture has become.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    11. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 5, Informative

      The iPod had large "misfeatures" for most at the time it was released: It was firewire and Mac-only.

      Mac only limited the market, but I don't think that made it suck. Firewire was a good choice at the time: all macs had firewire. USB2 was only juuuuust out and if you cast your mind back to 2001, it stank. The chipsets were yound and flakey as was the software. Firewire was much faster, and much more reliable.

      Eventually USB2 realised it's potential and stopped sucking and actually caught up with firewire in terms of actual speed, but that took years.

      --
      SJW n. One who posts facts.
    12. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 1

      This particular patent was filed in 1996, so think "Pentium".

      Basically, it's a patent on a particular type of speculative execution engine - which, at the time, was clever and non-obvious.

      A lot of the architecture ideas coming out of U-Wisc at that time were pretty clever. SimpleScalar (http://www.ecs.umass.edu/ece/koren/architecture/Simplescalar/SimpleScalar_introduction.htm) was one of the clever tools that enabled a lot of that research.

    13. Re:Live by the sword, die by the sword. by Impy+the+Impiuos+Imp · · Score: 1

      They added a cell phone to a Palm Pilot. Or vice versa.

      Tbh nobody expected it to be huge.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    14. Re:Live by the sword, die by the sword. by jbengt · · Score: 3, Insightful

      I'm not sure why they bothered with superficial patents on things like the shape of the device's packaging, which was probably the least-important aspect of the product beyond initial marketing and making the device look 'cool' to prospective buyers.

      Don't conflate design patents, which are explicitly about looks and marketing, with utility patents, which are about inventions and have a longer term.
      IANAL, YMMV (especially outside the US)

    15. Re:Live by the sword, die by the sword. by Lumpy · · Score: 0

      Mostly because lawyers are typically very dumb, and lawyers are who file the patents.

      --
      Do not look at laser with remaining good eye.
    16. Re:Live by the sword, die by the sword. by rainwalker · · Score: 1

      Yeah, but how are you going to replace that funding? Increase funding from the state? Not in Wisconsin, zomg taxes. The state government is already doing its damnedest to gut higher education and running a large deficit, again thanks to tax cuts. I agree about patent licensing not really fitting into the vision of a public university system, but it's a reality that needs to be fixed as a unit, and that's really unlikely in many states.

    17. Re:Live by the sword, die by the sword. by rworne · · Score: 1

      Yes, that's why I had it in scare quotes.

      I had the 1st generation iPod. Loved the thing, especially the mechanical scroll wheel.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    18. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      It's certainly not about being first but rather implementing it best.

      As you said, the iPod wasn't the first MP3 player. Google wasn't the first search engine. Ford wasn't the first car maker.

    19. Re:Live by the sword, die by the sword. by XxtraLarGe · · Score: 2

      Mostly because lawyers are typically very dumb, and lawyers are who file the patents.

      Most lawyers I've met are pretty bright. The one trait the majority of them seemed to have in common was arrogance. Besides, don't blame the lawyers for filing bad patents, blame the patent office for not rejecting them.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    20. Re:Live by the sword, die by the sword. by mrchaotica · · Score: 1

      Not to mention, I'd claim Debian's package management system as prior art.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    21. Re:Live by the sword, die by the sword. by Bengie · · Score: 2

      Wisconsin companies get to use the patent for free and profits are dumped back into the University state system, not just UW-Madison. I was paying $1.6k/sem back when they still help patents on certain ways to work with stem cells. Once the patent ended, prices jumped up. Of course if there is any federal money, the research needs to be open, but UW-Madison has a lot of private funding from alumni and keeps out federal money and uses only state tax money when it looks lucrative.

      So no, you're wrong.

    22. Re:Live by the sword, die by the sword. by Bengie · · Score: 1

      UW-Madison has a strong computer engineering course. Freshmen that made it past the crazy hard 101 classes were getting called from IBM, Intel, and AMD asking what their plans were post-graduation for designing CPUs.

    23. Re:Live by the sword, die by the sword. by ultranova · · Score: 1

      Apple did a lame job in protecting their IP: patenting smart corners, instead of something more vital about their type of product, such as the concept of an integrated app store,

      According to Wikipedia, Steam came out in 2003 (and began carrying 3rd party apps in 2005), Apple's App Store in 2008. PC's have come with preinstalled crapware since time immemorial. So this particular IP seems even more Imaginary than usual.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    24. Re:Live by the sword, die by the sword. by Gr8Apes · · Score: 1

      Firewire was much faster, and much more reliable.

      Eventually USB2 realised it's potential and stopped sucking and actually caught up with firewire in terms of actual speed, but that took years.

      USB2 still sucks, and is still far far slower and less reliable than any FW implementation. However, USB3 can be faster than FW400 or FW800. USB, however hobbled we'll continue to be by it, will continue to exist for the foreseeable future even though much better protocols exist. It's not always the best that win.

      --
      The cesspool just got a check and balance.
    25. Re:Live by the sword, die by the sword. by UnknowingFool · · Score: 1

      The iPod: the canonical MP3 player. Not the first, afterall we know it had no wireless and less space than the Nomad (lame!) but by far the most popular and became synonymous with MP player. Due in large part because all the ones before had horrendous interfaces and other awful misfeatures.

      The problem with the "no wireless" part of the comparison back then was the Nomad didn't have wireless either. Also the Nomad could not be used as a HD. And for many years, wireless was completely impractical for the MP3 player. I would argue that it still as because the devices today are not MP3 players but more like small computing devices that you can play media on. There's an important distinction there.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    26. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      Exactly. And Apple wasn't even quick about it. There were existing smartphones based on MS Windows Mobile Phone Edition from HP and Motorola back in 2003. The iPhone was first released in 2007. Here's at least a partial list of MS-based smartphones. https://en.wikipedia.org/wiki/List_of_Windows_Mobile_devices

      Motorola released the first touchscreen cell phone in 2000. Ericsson released the P800 smartphone in 2002. Blackberry released their "integrated PDA/phone" for the first time in 2003 - the 6210/7210 series. Nokia released the 7300 in '03, their first smartphone, as Ericsson was releasing the 910. There were a LOT of smartphones out there by the time Apple released anything. And in 2007, months after Apple released the iPhone, LG's KE850 Prada won the Red Dot Design Award. And it was released with rounded corners at almost exactly the time the iPhone was released.

    27. Re:Live by the sword, die by the sword. by afidel · · Score: 1

      The iPod had large "misfeatures" for most at the time it was released: It was firewire and Mac-only.

      Uh, the ipod gained PC support pretty damn early on. The first generation was released October 23, 2001 and the second generation was released Jul 17, 2002, the second generation supported PC's so the ipod was Mac exclusive for considerably less than a year (and it was really less than that as they added FAT32 support in a firmware update to the first generation between those two dates, though there was no official support).

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    28. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      UW is state-supported. WARF (who did the suing) is independent (though pretty closely tied to the UW). Basically, WARF holds the patents, and invests the return from them into research, etc.

    29. Re:Live by the sword, die by the sword. by invictusvoyd · · Score: 2

      iCorners (tm)

    30. Re:Live by the sword, die by the sword. by jo_ham · · Score: 1, Insightful

      but anyone who tries to patent rounded courners and then sues deserves to lose patent lawsuits.

      Apple did a lame job in protecting their IP: patenting smart corners, instead of something more vital about their type of product, such as the concept of an integrated app store, and the kind of applications they brought to the platform, but the iPhone, their implementation of the smartphone truly was an innovation that got stolen by now competitors (e.g. Android).....

      I'm not sure why they bothered with superficial patents on things like the shape of the device's packaging, which was probably the least-important aspect of the product beyond initial marketing and making the device look 'cool' to prospective buyers.

      They have a design patent on the shape of the packaging and the look of the device because that is how business works. Ford have a design patent on the way the Mustang looks. Coke have a design patent on the way a coke bottle looks. A design patent is an incredibly common thing and it is subtly different from a method patent (such as the processor one that Apple has infringed).

      It seems on slashdot, however, that Apple is apparently held to a different standard about how it conducts business - somehow a design patent on the iPhone is bad, yet the design patent Google holds on the Google Glass, or the Nexus, or the Chomecast, or Ford's design patent on the Mustang, or the Fiesta, or the Focus and Samsung's design patent on their TVs, and Galaxy line of smartphones or Coke's design patent on the Coca Cola bottle are all ok.

      But no, Apple isn't allowed to have design patents - that somehow makes them evil.

    31. Re:Live by the sword, die by the sword. by MachineShedFred · · Score: 2

      They needed time for USB2 to actually make it's way into PCs. Transferring your library of music over USB 1.1 was horrible, and they weren't going to subject users to that. Thus, they used FireWire for the first few generations, and then removed it as an option once USB2 was ubiquitous.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    32. Re:Live by the sword, die by the sword. by Solandri · · Score: 4, Interesting

      Because they're not much of an innovator. This is not a troll. They've never been terribly good at inventing brand new things.

      Agree with everything you said except this part. They're not a hardware innovator. If you've opened up Macbooks to repair them, you'll find the same commodity parts used by every other laptop manufacturer. Heck, they're not even made by Apple, they're made by Quanta, an ODM (original design manufacturer - like an OEM except they also design the product). You wouldn't believe the number of people I've had to argue with about that; they seem to think Macbooks contain Apple-brand fairy dust and unicorn horn powder inside It's like telling a kid Santa doesn't exist when I tell them the CPU is by Intel, the awesome-performing SSD is by hated Samsung, the memory by Micron, the screen by LG, etc. Those are the companies doing the true hardware innovation; Apple is just buying and reselling their products.

      But the one area Apple is really good at and really does innovate in is software. The iPod for example was successful mostly because of its tight integration with iTunes. Before that, it was a PITA to convert the music files on your computer into playlists on your MP3 player. Most involved connecting your MP3 player to your computer and dragging and dropping the individual MP3s, converting playlist files, automatic sorting via artist names stored in the MP3 (or not stored if you ripped it yourself), alphabetical sorting which sometimes got messed up depending on upper and lower case names, songs which disappeared because they were buried in the folder structure, etc. Before iTunes became a bloated mess, Apple nailed how synchronization of your music collection across devices should work. Likewise, Time Machine is the best UI I've seen on a backup program. The Macbooks are considered to have the best trackpads not because they're physically better but because they have the best software. The software augments the usability of the hardware enough to catapult the hardware into success.

      Smartphones: IBM invented the concept of the toucscreen only phone in 1993. Nokia had this device https://en.wikipedia.org/wiki/... AT&T pretty much nailed the real concept of a smartphone http://www.xorl.org/people/njh... as one might recognise it with a decent UI and apps, except it needed a remote application server, too much connectivity and generally the tech wasn't up to it in 1998. Heck, they weren't even the first to put multitouch on a phone.

      To add to your list, here's pinch to zoom in 1988

    33. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      Important Clarification: Do to state politics, UW Madison may be forced out of the UW/State system. They may not be state supported anymore and politically it is a huge deal at the moment. That said, the grandparent is correct - patents are a vital source of revenue and they may become much more vital to UW Madison in the future.

      Citation: I live in Madison, WI.

    34. Re:Live by the sword, die by the sword. by MachineShedFred · · Score: 2

      USB still sucks compared to other connection protocols, because it's CPU bound. Want to have fun? Get a Windows USB3 laptop and a few USB3 disks, and do some massive file copies concurrently from the internal SSD to those disks. The last time I did that, you could barely move the mouse because it was CPU locked.

      FireWire had it's own controller, so it could (mostly) pump that speed regardless of whatever else the computer is doing; this is why it was chosen to be the early connectivity standard for digital video devices. Also, FireWire had a higher voltage included for self-powered devices (12v versus 5v), so a battery would charge much faster than anything on USB.

      Alas, the better standard rarely wins.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    35. Re:Live by the sword, die by the sword. by MachineShedFred · · Score: 1

      Yeah, but in 2001 everything needed to have a Wi-Fi logo on it whether it made sense or not, or else it was deemed trash by the Slashdot Think Tank.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    36. Re: Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      My Archos 6000 (still works) doubled as an external just fine though. And the interface wasn't half bad either.

    37. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      Every single Lawyer I have met can not tell me how a transistor works, let alone how a switching power supply works or in this case processor command caching.... so they are pretty darn dumb in the subjects they are filing patents for.

      Mose EE's would consider the brightest lawyers dumb as a box of rocks in regards to technology.

    38. Re:Live by the sword, die by the sword. by StikyPad · · Score: 1

      I say this as a begrudging Apple fan, but the only thing they've had tremendous success with has been the iPhone. It's responsible for ~66% of Apple's profits, despite representing, conservatively, 1/10th of their product lineup.

      As for why I'm a begrudging Apple fan, in a nutshell. Cons: Reality Distortion Field; Apple Tax; non-modular hardware. Pros/Mitigating Factors: Consumer-friendly, commercially supported POSIX OS; decent quality hardware and warranty; a decaying rate of performance growth in CPUs have made upgradeability less of a concern to me.

    39. Re:Live by the sword, die by the sword. by Theaetetus · · Score: 2

      Because they're not much of an innovator. This is not a troll. They've never been terribly good at inventing brand new things. What they do very well, arguably better than anyone else is taking a bunch of existing but not very popular technologies and producing an implementation which doesn't massively suck before anyone else.

      I don't believbe I'm doing them a disservice with that, doing such a thing is clearly very hard else they wouldn't be the first people to do it after others have tried and failed. But it's not generally protectable with patents.

      In actual fact, I think claiming Apple has made innovations where they haven't is actually doing them a disservice because it detracts from what they are uniquely good at.

      Look at the history of things they're well known for:

      The iPod: the canonical MP3 player. Not the first, afterall we know it had no wireless and less space than the Nomad (lame!) but by far the most popular and became synonymous with MP player. Due in large part because all the ones before had horrendous interfaces and other awful misfeatures.

      One might say that the iPod was successful because of its excellent and intuitive interface. One might even say that it was an innovative interface. One that's patentable.

      I think you're assuming that user interfaces and designs are not patentable, but that's not true at all.

    40. Re:Live by the sword, die by the sword. by MachineShedFred · · Score: 4, Interesting

      The difference is that all of those smartphones had major flaws, shit operating systems that treated a handheld the same as a desktop computer, terrible web browsers, crap media playback, crap battery life.

      Raise your hand if you've used a Windows Mobile device for any time at all, and didn't have to find the task manager to shut down runaway processes that were eating memory and battery. Look, no hands raised. There was a reason why even in 2006 that Blackberry was dropping the hammer on everyone - they'd at least gotten email and messaging to work properly.

      Apple and Google got into this business because everyone else was fucking the dog. No, they didn't 'invent' smartphones - they just created smartphones that people actually want to use and don't hate.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    41. Re:Live by the sword, die by the sword. by Solandri · · Score: 3, Informative

      Firewire flopped because Apple charged $1 per port to anyone else wishing to implement it. USB was free. Which brings this discussion back full circle to whether patents are helping or stifling technological progress.

    42. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 2

      The last time I did that, you could barely move the mouse because it was CPU locked.

      True that firewire is better with CPU usage, though that sounds more of a Windows problem than a USB one. My rather old i7 Q820 based thinkpad doesn't suffer from that problem---I use Linux.

      Also, FireWire had a higher voltage included for self-powered devices (12v versus 5v)

      It's actually anything between 7.5 and 40V. 12 is common because ATX supplies provide it readily.

      --
      SJW n. One who posts facts.
    43. Re:Live by the sword, die by the sword. by MachineShedFred · · Score: 1

      It should be as if I invent something while on the clock at work - the workplace owns the invention and any patent-able tech, because they provided the resources for me to do that work.

      In this case, it's the State of Wisconsin as a proxy for the taxpayers. The invention was a result of research, funded by the public, so the public should own the patent. It should be under an MIT or BSD-style license in the public domain.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    44. Re:Live by the sword, die by the sword. by tepples · · Score: 2

      AT&T pretty much nailed the real concept of a smartphone [...] as one might recognise it with a decent UI and apps, except it needed a remote application server

      In other words, AT&T invented the iPhone 1, which depended on web applications running on remote application servers and accessed through HTTPS.

      Heck, they weren't even the first to put multitouch on a phone. What they did was combine all those elements in a way which didn't suck.

      Which meshes with Apple's acquisition in 2005 of the patent portfolio and other assets of FingerWorks, whose engineers invented multitouch gestures that didn't suck.

    45. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 1

      Not only that but Sony acted like dicks (surprise!!!) and insisted on having a small, unpowered port as part of the standard for their laptops. That caused not only cable fragmentation but also for most laptops you needed wretched external power bricks to power firewire disks, which sucked.

      --
      SJW n. One who posts facts.
    46. Re:Live by the sword, die by the sword. by jedidiah · · Score: 1

      > USB2 still sucks, and is still far far slower and less reliable than any FW implementation.

      Perhaps with Apple devices. Take those out of the equation and it seems to work well enough. I don't see a lot of rubes (Mac users included) really pushing USB hard enough to need something better.

      The world is won by "good enough". Someone who's an obvious fan of a platform that fancies itself a Unix should understand that.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    47. Re:Live by the sword, die by the sword. by Archangel+Michael · · Score: 2

      I had a Palm Pilot and a cell phone back in that day. I can tell you that I wanted them to be integrated from the moment I was carrying two devices. All it would have taken was someone somewhere designing a Palm Phone. Palm had full opportunity to make this work, the problem is, they were a PDA company, not a Phone company (until it was too late).

      This goes to Apple's credit, when people wanted an MP3 Player built into a phone, and Apple licensed iTunes to Motorola. I knew at that moment, Apple was using that as a place holder for their own version that actually was tied together in a nice slick package. Get the idea out there, let someone else figure out the weak spots and then release your own better version.

      In the end, Palm blew it, by thinking small ("we're PDA") not big ("We're consumer electronics").

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    48. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      The iPod had large "misfeatures" for most at the time it was released: It was firewire and Mac-only.

      Mac only limited the market, but I don't think that made it suck. [...]

      It also gave Apple time to refine and improve the product in a smaller market before going mass market.

      Small mistakes you can learn from, large mistakes can kill you.

    49. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 4, Informative

      Apple Tax

      I'm not an Apple fan: I can't stand 'em, but I'm pretty sure the Apple tax is a myth. Last time I was shopping for laptops, for comparable weight, size, build quality, speed, memory and performance the Macbook Air was pretty close in price to similar machines such as the Zenbook UX11 (when that was current).

      --
      SJW n. One who posts facts.
    50. Re:Live by the sword, die by the sword. by tepples · · Score: 1

      Does Debian's package management system include payment processing? If not, payment integration could be considered Apple's inventive step over the prior art.

    51. Re:Live by the sword, die by the sword. by jedidiah · · Score: 4, Informative

      > Mostly because lawyers are typically very dumb, and lawyers are who file the patents.

      Patent lawyers are required to have degrees in STEM fields. They don't just let any Tom,Dick, or Harry esquire become a patent attorney. You are not dealing with someone that did underwater basket weaving as their undergrad degree.

      (that probably makes the situation all the more sinister)

      --
      A Pirate and a Puritan look the same on a balance sheet.
    52. Re:Live by the sword, die by the sword. by Anubis+IV · · Score: 5, Informative

      A shame this got modded as Flamebait, since it's exactly the right answer. For some reason, many Slashdotters seem to be completely unaware (or perhaps willfully ignorant) of the distinction between utility patents (i.e. what we think of when we say "patents") and design patents, which are something else entirely. As a result, when they hear that "Apple got a patent on rounded corners", they rightfully think that's utterly ridiculous and an example of a broken patent system, when it's actually nothing of the sort, since design patents more closely resemble a time-limited trademark than they do a utility patent.

      The reality of the situation, is that Apple is one of likely thousands of entities with design patents that include a claim for rounded corners. That's because those design patents aren't just making a claim for rounded corners. They're for rounded corners + a long list of additional claims that makes each of those products uniquely identifiable as the product they are. In the case of the iPhone 5 series, the design patent was for something along the lines of rounded corners + chamfered edges + aluminum trim + flat glass front + aluminum back + no adornment on the front + some other stuff I'm forgetting. I've seen a similar design patent filed by Samsung that covers some of their phones, and, as you'd expect, rounded corners were included in their list of claims as well. Again, each claim is considered alongside the other claims, rather than independently of the other claims, and for a competitor to be infringing, they need to be infringing against not just one of the claims, but against many or all of them. After all, rounded corners do not an iPhone make.

      In the end, I'm just disappointed that there's a cadre of Slashdotters who appear to be willfully phrasing it as they do so as to confuse the issue, since in most subjects we discuss here, the commenters are seeking the truth of the situation. Unfortunately, when it comes to discussions that elicit fanboy-ish responses, they would rather seek out phrasings that help suit their narrative, rather than accurately convey the facts as they are.

    53. Re:Live by the sword, die by the sword. by jedidiah · · Score: 3, Insightful

      Nope. Invention should be just that.

      You represent the current problem with the patent system. You think that just rearranging the deck chairs is something that is worthy of granting a 20 year long industry crushing monopoly to.

      People treat this stuff like candy when it's more like toxic waste.

      Patents are meant to encourage people to disclose useful trade secrets. It's supposed to make industry MORE efficient rather than less. It's not supposed to be some lame virtual land grab.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    54. Re:Live by the sword, die by the sword. by jedidiah · · Score: 1

      Chances are that every single lawyer you've met is also ineligible to be part of the patent bar. You seem to be ranting based on total ignorance of how things actually work.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    55. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      Shame about the lack of security on firewire though, that's what you get for bypassing the CPU.

    56. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      so am i, but ffs apple is definitely one of the companies in need of schooling. it's just a pity that the damage will be so moniscule.

    57. Re:Live by the sword, die by the sword. by UnknowingFool · · Score: 0

      Perhaps with Apple devices. Take those out of the equation and it seems to work well enough. I don't see a lot of rubes (Mac users included) really pushing USB hard enough to need something better.

      Um no USB2 still sucks as a file transfer protocol on any device. It'll do the job but if you are transferring large sets of data all the time, it's terrible. If you are getting an external HD, you want eSATA, USB3, or ethernet. USB2 devices are for amateurs.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    58. Re:Live by the sword, die by the sword. by macs4all · · Score: 0

      The world is won by "good enough". Someone who's an obvious fan of a platform that fancies itself a Unix should understand that.

      Jealous much?

      Unlike Linux, OS X, all the way back to 10.5 Leopard up through the just-released 10.11 El Capitan, OS X is a Certified Unix. Something that no Linux will ever be.

    59. Re:Live by the sword, die by the sword. by Coren22 · · Score: 1

      Using a design patent in litigation against their supplier Samsung is mostly what the sneering is about. Who uses a design patent offensively?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    60. Re:Live by the sword, die by the sword. by Coren22 · · Score: 2

      I am not someone who knows a lot about the subject, but it appears to be a patent on a method of doing out of order processing of instructions, which was pretty damn innovative in 1996.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    61. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      The last time I did that, you could barely move the mouse because it was CPU locked.

      True that firewire is better with CPU usage, though that sounds more of a Windows problem than a USB one. My rather old i7 Q820 based thinkpad doesn't suffer from that problem---I use Linux.

      Also, FireWire had a higher voltage included for self-powered devices (12v versus 5v)

      It's actually anything between 7.5 and 40V. 12 is common because ATX supplies provide it readily.

      Your pretty old Thinkpad neither has USB3 nor enough seperate USB2 busses to saturate that CPU. Doesn't matter which OS you run. That's the boon and bane of Firewire. You get devices talking directly which takes care of any CPU use, but also opens up direct access for misbehaving periphals.

      At least there is no longer a USB version around that allowed for real dumb hardware so even bus timing was handled by CPU which could glitch everything.

    62. Re:Live by the sword, die by the sword. by jo_ham · · Score: 0

      Using a design patent in litigation against their supplier Samsung is mostly what the sneering is about. Who uses a design patent offensively?

      How was it used offensively? The very nature of a design patent is that if someone infringes on it you can sue them. There's no "offense" there from the holder, merely reactive defence. So the answer is no one uses a design patent offensively, everyone who has one can defend it if another party infringes on it.

      And no, "mostly" the sneering is that they have a design patent at all, not the way in which they defend it. Are you reading the same slashdot? Maybe beta mode changes the meanings of everything as well as the layout.

    63. Re:Live by the sword, die by the sword. by david_thornley · · Score: 1

      The iPod was a great success in its day, as well as the iPad. Bringing in something less than a third of Apple's profits still allows for a tremendous success.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    64. Re:Live by the sword, die by the sword. by david_thornley · · Score: 1

      A design patent suit is comparable to a trademark suit.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    65. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      but uw-m is a currently a scott walker-run state supported school.... so, not much (like, none) support there.. ol' bucky badger could really, really use the infusion of funds.

    66. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      just out of curiosity, who was the first to put multitouch on a phone? Everything I've read indicates Apple was the first to implement a true multitouch, capacitive screen in a phone (thanks to Fingerworks, the company that Apple purchased). Others were of course first to implement it in larger form factors (tablets, etc.).

    67. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 1

      The bit about no wireless and less space than a Nomad was a joke/meme:

      http://slashdot.org/story/01/1...

      Remember that? Other than that it merely illustrated that the Nomad already existed so the iPod want the first player by a long shot.

      I guess I've been here too long when even our legends fade from memory. :(

      --
      SJW n. One who posts facts.
    68. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      "One might say that the iPod was successful because of its excellent and intuitive interface. One might even say that it was an innovative interface. One that's patentable."

      Except the iPod's design was inspired by Braun's T3 Pocket Radio and the iPod's interface was inspired by Bang & Olufsen's BeoCom 6000 phone. Apple even admits this. Apple may have been able to patent the iPod's design or interface, but it's quite clear they didn't come up with it on their own.

    69. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 1

      FInger works invented the good mobile sensor. Multi-touch had been in the research community since the early 1980's. Pinch zoom is nearly as old as Apple.

      --
      SJW n. One who posts facts.
    70. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      I remember using a Dell Axim x51v Windows Mobile device and wishing I didn't have to use a stylus, and that I could make calls with it. Other than that, I quite liked the device and the OS. I was using Swype years before it came to Android, which was a joy. I could play MKV videos (which, even now as I understand it, Windows Phone devices are just getting that capability back). Web browsing was actually pretty good, thanks to Opera. Hell, I could play Quake 3 Arena on it, with a keyboard, mouse, and external monitor hooked up to it, because it had a PowerVR GPU.

      Good times were had (by me, anyhow) with Windows Mobile, for the most part!

    71. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      True that firewire is better with CPU usage

      Of course it is. It doesn't need to care about such an useless stuff like "memory protection", it's much easier to just write and read directly whatever you want. It's such a waste of CPU cycles to check "is this externally pluggable device reading the memory region where the private keys are ?"

    72. Re:Live by the sword, die by the sword. by ewibble · · Score: 1

      Firewire also allows direct memory access I believe. Yes USB has security flaws, but that is a bug no a design flaw, of allowing DMA access.

      http://www.hermann-uwe.de/blog...

    73. Re:Live by the sword, die by the sword. by drinkypoo · · Score: 1

      True that firewire is better with CPU usage, though that sounds more of a Windows problem than a USB one. My rather old i7 Q820 based thinkpad doesn't suffer from that problem---I use Linux.

      You're suffering and you don't even know it. The high CPU usage of USB1 and 2 limits their actual throughput and adds latency. Obviously you're not suffering very much, or you'd know :)

      I've had numerous HDDs with both USB2 and firewire interfaces and pinning the disk would result in a few more MB/sec with firewire, but more interestingly the CPU use for a file transfer with firewire on say an Athlon XP would be basically nothing, whereas with the USB2 it would be stupidly high, like 10% or more. And this was true even with Linux, maybe only 8% or something. We don't notice now because we all have these crazy multicore PCs...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    74. Re:Live by the sword, die by the sword. by drinkypoo · · Score: 1

      Not only that but Sony acted like dicks (surprise!!!) and insisted on having a small, unpowered port as part of the standard for their laptops. That caused not only cable fragmentation but also for most laptops you needed wretched external power bricks to power firewire disks, which sucked.

      it didn't really matter, because most disks at the time were 3.5" anyway, and you couldn't get enough power down firewire to spin them up. now we have usb3 and don't care

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    75. Re:Live by the sword, die by the sword. by ewibble · · Score: 1

      Its not necessarily about being the best either, it is about selling the most, at the highest markup.

      Marketing is important as well, and apple is incredibly good at that. Probably its best skill, people want iphones because they are cool, that reason is purely marketing.

    76. Re: Live by the sword, die by the sword. by Anonymous Coward · · Score: 1

      Funny, considering patent lawyers I've dealt with (both hired and those on opposite sides of deals and disputes) had degrees in things like EE, ME, and physics. Although I've met plenty of enigineers, including EEs, that could not explain how a switching power supply worked or the actual mechanisms that make a transistor work. Turns out all of these careers/fields have people who a bright but very narrowly specialized, and a decent share of just dim people.

    77. Re:Live by the sword, die by the sword. by ewibble · · Score: 1

      A degree in a field is one thing, working knowledge of how things actually happen is another.

    78. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 1

      I distinctly remember being a bit jealous of the apple external disks precisely because they could run off the power. Also, we had sucky USB webcams for years because of the lack of powered firewire. Firewire ones were much better---if you had a mac. Otherwise you had to screw with external power adapters.

      --
      SJW n. One who posts facts.
    79. Re:Live by the sword, die by the sword. by UnknowingFool · · Score: 1

      At the time, it wasn't a joke. It is a joke only in hindsight about what the expectations and predictions were. Some other criticisms in the thread were the non-removable battery (which is the current standard today). The price was too high for too many people even though it was cheap for a 5GB portable drive at the time. Then there were the dire predictions that this product was doomed to failure. Seriously read the thread.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    80. Re:Live by the sword, die by the sword. by drinkypoo · · Score: 1

      Also, we had sucky USB webcams for years because of the lack of powered firewire. Firewire ones were much better---if you had a mac. Otherwise you had to screw with external power adapters.

      I have one of those iSight mac webcams on my PC... without adapters. And I've had it for a whole bunch of years. Of course, that's not a laptop. However, way back in the way back I had a cardbus to dual 1394 which provided proper ports...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    81. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      They couldn't patent it, because they didn't invent the 'integrated apps store'. What we recognize as the 'modern app store' today was pioneered by Handango. First introduced for various Symbian devices in 2003, it was "the first on-device app store for finding, installing and buying software for smartphones. App download and purchasing are completed directly on the device. Description, rating and screenshot are available for any app." (quote from Wikipedia)

    82. Re:Live by the sword, die by the sword. by Jane+Q.+Public · · Score: 1

      They're not a hardware innovator.

      What utter nonsense.

      While they might not have invented all the hardware, they were the first to consumer market with an awful lot of new stuff. Just some examples off-hand:

      Touch-wheel on the iPod.

      Super-resolution laptop screens. (For that matter, very-high-resolution LCD desktop displays many years before comparable TVs.)

      DisplayPort

      Magic Mouse and Trackpad (capacitive touch interface for mainstream input devices)

      PCIE-interface SSDs

      Etc. This is just a few things off the top of my head. You don't have to "invent" things to be innovative. Being the first to put them in mainstream products is still innovative.

      Many of the "common" components you see in Apple products are common NOW, but were far from common when Apple first marketed the product.

    83. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      Apple didn't invent payment integration. Handango was doing it in their app store as far back as 2003.

    84. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 1

      I had one of those adapters too. The fuckers made it unpowered even though it was dual full-sized 6 pin ports. I was pretty pissed off when I plugged it in and nothing worked.

      --
      SJW n. One who posts facts.
    85. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      I'm surprised they didn't patent it.

      They tried to trademark it....

    86. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      What is your definition of "vital". These schools do not need this revenue to run, the extreme costs of tuition already cover that. These universities have turned their students into employees all for the purpose of filling their pockets, not for the sake of education.

    87. Re:Live by the sword, die by the sword. by exomondo · · Score: 1

      but the iPhone, their implementation of the smartphone truly was an innovation that got stolen by now competitors (e.g. Android).....

      How exactly can such a thing be "stolen"? They pulled together a bunch of existing technologies into a product that was innovative but that in itself isn't something that can be "stolen".

      the concept of an integrated app store

      That isn't patentable invention, that is just an idea (or as you called it, a "concept"). The way they implement that concept could possibly be innovative and patentable but it's unlikely competitors' implementations of that idea are the same as Apple's anyway.

      Apple make a great product and got to the top primarily for that reason, the focus should be on making a good product, not dubious ways to artificially lock out competition. I'm also glad they implemented a lot of things from competitors because it's made their product better, I always thought the WP task manager was way better than iOS's then lo and behold Apple copied it, as an iOS user that was a good thing for me and had Microsoft been able to patent that idea I wouldn't have been able to get it. Same goes for the notification center and control center, again as an iOS user I'm glad Apple copied these from Android. I'm also sure Apple's competitors have copied from them too and this drives better products and forces companies to come up with new ideas to stay ahead of their competitors.

    88. Re:Live by the sword, die by the sword. by Macman408 · · Score: 2

      Because they're not much of an innovator. This is not a troll. They've never been terribly good at inventing brand new things.

      Agree with everything you said except this part. They're not a hardware innovator. If you've opened up Macbooks to repair them, you'll find the same commodity parts used by every other laptop manufacturer. Heck, they're not even made by Apple, they're made by Quanta, an ODM.

      I'd agree that this is often true, but not always. Apple innovates in hardware when it makes sense for them, and buys off-the-shelf when it doesn't.

      Here's an obvious example, although from quite a long time ago; Apple developed its own chipset for the PowerPC 970, aka G5. Although it was fabbed by IBM, their architect confirmed that it was an Apple design. That said, I wouldn't be surprised if they bought some of the IP inside from somebody else too.

      Another example is touch input. Apple used to get all their trackpads and controllers from Synaptics. I believe at some point, they switched to making their own. They still sometimes use off-the-shelf parts for them when it makes sense - but there are also rumors that Apple is working on its own controller for touchscreens now too.

      A more recent example that they've advertised is the "TCON" (the display's timing controller) in the Retina iMacs. When everybody else was starting to think about going to 4K, they just skipped past that to 5K, and presumably couldn't find one that met their needs. It wouldn't surprise me if, in a few years, they go back to an off-the-shelf design, unless they've come up with a unique method of driving the display (like NVIDIA's G-Sync, followed by AMD's FreeSync).

      Another example would be the backlit keyboard - I don't think I'm aware of anybody else that had done such a thing at the time - Apple put LEDs on the side of the keyboard, and used optical fibers to spread the light across the whole keyboard, shining through the key caps. The usual keyboard lighting for laptops at the time was an LED embedded in the top center of the screen that pointed down at the keys, illuminating them from above. They've since gone through another generation of the design, with individual LEDs under each keycap.

      And finally, you have their iPhone/iPad/AppleTV CPUs these days. Nobody really knows much about Apple's architecture except them, but it's a custom design that undoubtedly has plenty of innovations (some of which may be patented by somebody else, whether they know it or not).

      There are also plenty of innovations that are driven by Apple, although largely developed elsewhere. I'd be willing to bet that they are heavily involved with certain display and camera manufacturers - maybe not so much in the engineering/design side, but in the direction that development should go. Few companies would've made a "retina display" the size of an iPhone a few years ago, but Apple really pushed the idea. Or the whole sapphire thing that obviously went rather poorly a couple years ago - without the backing of Apple, GTAT wouldn't have had the funds to buy a bunch of sapphire furnaces to make the huge quantities needed. Unfortunately, GTAT wasn't successful at refining the manufacturing process enough to make it cost effective, and the whole thing imploded.

      So yes, 99% of the time, they just buy off-the-shelf parts. It makes sense, because they're usually cheaper and do everything you need them to. But by choosing the right 1% of the time to innovate, they make a much larger impact. It's what any smart company would do.

    89. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      Wisconsin-Madison is a state-supported school. I realize these days it's considered okay to double- and triple-dip into taxpayers pockets, but this system where schools get to have tax money for research, and then patent the results for profit, is completely wrong.

      Oh yeah and because the state funded the education of the students whatever those students make belongs to the state. States fund schools to educate people, if a school does it better then they should be rewarded for that, it means they can expand and sustain that expansion themselves rather than burdening the state.

    90. Re:Live by the sword, die by the sword. by serviscope_minor · · Score: 2

      At the time, it wasn't a joke.

      Yes, I know I was there. That's precisely why it's become a running joke ever since. The article was "no wireless, less space than a Nomad, lame" and it turned out to be the most successful MP3 player of all time. So it's been a running joke ever since. You know, because of the sheer scale of the misprediction. That makes it funny.

      --
      SJW n. One who posts facts.
    91. Re:Live by the sword, die by the sword. by Curunir_wolf · · Score: 1

      Wisconsin-Madison is a state-supported school. I realize these days it's considered okay to double- and triple-dip into taxpayers pockets, but this system where schools get to have tax money for research, and then patent the results for profit, is completely wrong.

      Oh yeah and because the state funded the education of the students whatever those students make belongs to the state. States fund schools to educate people, if a school does it better then they should be rewarded for that, it means they can expand and sustain that expansion themselves rather than burdening the state.

      I would rather public moneys go to education students - it benefits all of us. State-granted monopolies, derived from publicly funded research, not so much. That only benefits the rich at the expense of society.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    92. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      GP is referring to unix and unix like philosophy of 'good enough', keep it simple, worse is better. woosh.

    93. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      I despise the Bayh-Dole Act, which allows universities to patent federally-funded research but requires a perpetual royalty-free license to the US government. I don't think taxpayers should have to pay twice for research, which is in effect what that would be.

      However, that also depends on the source of funding for this research. Federal grants are a major source of funding for university research, but hardly the only source. If the work was funded by money allocated by the state of Wisconsin, then the state legislature should be free to decide whether the work can be patented. If the work is funded by a private sector grant or a private donation, then as long as the terms of that grant or donation permit the university to patent the work, they ought to be able to do so. I don't see anything that indicates where funding for the research for this patent originated, so you can't be certain about what you're saying.

      While I generally don't like the patent system, this doesn't seem like too much of an abuse. The patent was for something pretty novel when it was issued. It also seems like UWM is actively trying to defend the patent since they sued Intel back in 2008 and have filed a second suit against Apple. I think patents ought to be treated like trademarks in that patent holders should have to defend their patents or lose them. It would be a big blow to patent trolls who wait until their patents are in wide use and then sue for huge damages. It seems like UWM is actively trying to defend their patents, so I'll give them credit for this.

      I hate abuse of patents as much as anyone else, but it's just not clear to me that this is an abuse of the system.

    94. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      That's why Apple is not raking in as much profit in macs as they do in iphone. Iphone cost ~$200 to manufacture, yet Apple sell it for $700 or much more depending on amount of storage and different market around the world. Now compare this to near flagship Android phones in $200 - $400 range, and Fat Apple Tax is very evident.

    95. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      Sounds like the USB chipset equiv of a winmodem. What make and model was this so I know what to avoid?

      Firewire has DMA: you thought USB based malware exploiting autoplay was bad? Imagine if a thumb drive was given complete access to ALL of your running system RAM regardless of the running OS?

      Power output: USB2 spec is just under 1 Amp. Firewire is just at 1.5 Amp. Voltage itself isn't a useful metric for consumer electronics within 10-15 volts of each other. So yes, firewire may have been better for phone charging but see point 2 and think hard about plugging a smart phone in to such a port.

    96. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      > such as the concept of an integrated app store, and the kind of applications they brought to the platform

      Probably because it wasn't theirs to patent given that Nokia had it years before.

      > but the iPhone, their implementation of the smartphone truly was an innovation that got stolen by now competitors (e.g. Android).....

      Nope. It was merely an evolution of devices that came before it, like Compaq's (and then HP's of course) iPaq.

      The reason they focussed on the patents they did is because contrary to the belief of Apple fans, very little they did was innovative enough to be patent worthy. Where any genius occured, it was in taking a bunch of disaparate but already tried and tested ideas and sticking them together in one device - i.e. Nokia had app stores, but not on touch screen devices, others had touch screens but without support for apps and the ability to play, say, MP3s and so forth.

      Saying Android stole is fanboy nonsense. Android stole nothing more from Apple than Apple had already stolen from everyone else. Replace a stylus based touch screen on an iPaq with a finger based touch screen and you basically had a slightly technologically older iPhone. I find it rather non-coincidental that Apple even almost stole the name.

    97. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      Eh? Your suggesting that in addition to their ~8 years of school for a law degree, all those patent lawyers have at least a second ~4 year degree in STEM? I'm gonna go ahead and call bullshit.

    98. Re:Live by the sword, die by the sword. by jo_ham · · Score: 1

      A design patent suit is comparable to a trademark suit.

      What's your point? Does that make it less valid than a lawsuit over a method patent?

      I suppose if you attribute lesser value to the design of a product or the company's service and trade marks than you do on the method behind creating them, but that's a very naive view. I am assuming that's not your angle.

    99. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      So you are against patents? Why? You think that someone or a group of peoples original ideas do not need protection from the illegal use and profit from others?

    100. Re:Live by the sword, die by the sword. by Plumpaquatsch · · Score: 1

      Not only that but Sony acted like dicks (surprise!!!) and insisted on having a small, unpowered port as part of the standard for their laptops. That caused not only cable fragmentation but also for most laptops you needed wretched external power bricks to power firewire disks, which sucked.

      it didn't really matter, because most disks at the time were 3.5" anyway, and you couldn't get enough power down firewire to spin them up. now we have usb3 and don't care

      Bwahaha. You forgot to mention that it took USB years to even provide enough power to charge an iPod.

      --
      Of course news about a fake are Fake News.
    101. Re:Live by the sword, die by the sword. by Plumpaquatsch · · Score: 1

      Because they're not much of an innovator. This is not a troll. They've never been terribly good at inventing brand new things.

      Agree with everything you said except this part. They're not a hardware innovator. If you've opened up Macbooks to repair them, you'll find the same commodity parts used by every other laptop manufacturer.

      Yawn. Everybody but you remembers that Apple always used those horrible proprietary chips - and still weren't innovative.

      --
      Of course news about a fake are Fake News.
    102. Re:Live by the sword, die by the sword. by Plumpaquatsch · · Score: 1

      That's why Apple is not raking in as much profit in macs as they do in iphone. Iphone cost ~$200 to manufacture, yet Apple sell it for $700 or much more depending on amount of storage and different market around the world. Now compare this to near flagship Android phones in $200 - $400 range, and Fat Apple Tax is very evident.

      Errm, yeah. Only that the Android flagship phones start at $500 and go to $1000. Not counting stuff like the Vertu Signature Touch.

      --
      Of course news about a fake are Fake News.
    103. Re:Live by the sword, die by the sword. by Plumpaquatsch · · Score: 1

      Using a design patent in litigation against their supplier Samsung is mostly what the sneering is about. Who uses a design patent offensively?

      How exactly could someone even use a design patent defensively?

      BTW: http://www.eetimes.com/documen...

      South Korean consumer giant Samsung Electronics Co. Ltd. is preparing to file lawsuits against a number of mobile phone handset makers in Taiwan, mainland China and Hong Kong, who it alleges have copied its products and breached its patents, according to a Taiwan government online report.

      This a year before the iPhone came out, from a company owning the most US design patents - 50% more than the 2nd, Sony.

      --
      Of course news about a fake are Fake News.
    104. Re:Live by the sword, die by the sword. by beastofburdon · · Score: 1

      From what I gather from the summary and the article this may be over a legitimate patent. You know, one that includes a physical device and implementation. Not sure if that is true since they are being extremely vague in all references to it.

    105. Re:Live by the sword, die by the sword. by Anonymous Coward · · Score: 0

      I totally agree with you except for your point about Apple's trade dress and the Samsung lawsuit. I find it absurd that anyone would think IPhone trade dress wasn't ripped off by every single cell phone manufacturer subsequent to iPhone's announcement and release, because by plain sight and history it happens to be true. The merits of Apple's legal tactics are debatable, but everyone ripped off iPhone and rounded corners were merely one of the minor but dramatic points of trade dress that everyone ripped off. Apple literally spent YEARS designing iPhone... and subsequent cell makers took as long as it took them to copy it, far less. I wish this rounded corners thing buzzword whatever that is suposed to be obvious proof of Apple's err would die, because it isn't proof of that... its an out of context sort of attack... I mean, fuck Apple, seriously, but for the love of Pete please cease this idiotic claim about what Apple claimed about their trade dress. Fuck, I hate Apple, but I hate you worse, man.

  2. Remove offending product from the market - NOW! by Anonymous Coward · · Score: 1

    Isn't that Apple's mantra?

    1. Re:Remove offending product from the market - NOW! by thaylin · · Score: 1

      Well until the president gives them a pass like last time.

      --
      When you cant win, ad hominem.
    2. Re:Remove offending product from the market - NOW! by Anonymous Coward · · Score: 0

      Well until the president gives them a pass like last time.

      Maybe not, given that it's a U.S. opponent this time, not some dirty foreign thing...

  3. Great Artists Steal by bazmail · · Score: 2

    This story made me laugh. However I feel Apple will whittle away at the amount and get away with paying a tiny fraction.

  4. Better coverage? by Anonymous Coward · · Score: 2, Insightful

    Is there a better article somewhere that explains WHAT was the issue?

    1. Re:Better coverage? by Tx · · Score: 3, Informative

      Here you go.

      The IP in question, U.S. Patent No. 5,781,752 for a "Table based data speculation circuit for parallel processing computer," was granted to a University of Wisconsin team led by Dr. Gurindar Sohi in 1998. According to WARF and original patent claims, the '752 patent focuses on improving power efficiency and overall performance in modern computer processor designs by utilizing "data speculation" circuit, also known as a branch predictor.

      --
      Oh no... it's the future.
    2. Re:Better coverage? by Anonymous Coward · · Score: 2, Insightful

      You'll notice that https://en.wikipedia.org/wiki/Out-of-order_execution has a bunch of major companies implementing a version of "branch predictors" since the 1960s.

      You'll notice that none of them are being sued.

      Obviously, there's something more than just "caching"...

    3. Re:Better coverage? by Anonymous Coward · · Score: 5, Interesting

      Hi,

      I've done CPU design. I'm not a professional, but I'm definitely familiar with it. The amazing thing about a lot of CPU innovations is, once thought up, they seem incredibly obvious. But you get somebody holding your hand and you're trying to think of what they did before they flat out tell you, and it usually only dawns on you about 1 or 2 steps before they flat out tell you.

      Just because something seems obvious once you've been told about it, doesn't mean it was obvious.

    4. Re:Better coverage? by Anonymous Coward · · Score: 0

      Score 2, Interesting? Should be score -2, Idiot, because you clearly have no idea what you're talking about.

      There's a huge difference between a data/branch predictor and a cache on a CPU. Please go back to reading your Hennessy and Patterson before spouting drivel.

    5. Re:Better coverage? by zelphie · · Score: 3, Informative

      The linked article is just wrong -- this is not in any way a branch predictor. It's predicting when to perform load-store speculation. The idea is that when you execute a load, you may not know whether there are any in-flight stores to overlapping addresses that are earlier in program order. If there are, once you detect it, you will have to squash the load (because it might have gotten a wrong value) and re-execute, flushing the pipeline. That's bad from a performance and energy standpoint (for the same reason branch misprediction is bad). You could always wait until you know that the load won't conflict, but that really hurts performance as well.

      The innovation in the patent is that most of the squashes come from a relatively small number of load-store pairs, so by keeping track of them in a prediction table, you can get a large performance benefit for a small area overhead. The patent wasn't terribly useful in 1997 because instruction windows were small, but the authors thought that it would be once chips hit order of 1 billion transistors, which is pretty much what happened.

    6. Re:Better coverage? by KGIII · · Score: 1

      This is true. I sometimes look back at the old inventions - specifically steam. I love steam powered stuff. I got to learn how to operate and drive a Stanley over in Kingfield, Maine (with insurance and a sizable donation). To my point...

      I sometimes wonder (no, kind of often wonder) if I'd have been a grand inventor back then. I look at it and it just makes sense. A lot of it is overly and needlessly complex and I've actually pondered doing some work in the field but I'm pretty lazy and I'm not sure how it would relate to modernity so I don't bother. (For instance, I've an idea for a series of weighted pressure release valves but, I digress.)

      I guess, I'd like to think I'd have been a mad engineer-cum-scientist back then. I realize that's just a fantasy because, really, I've invented very little. It's mostly my hopes that I'd have thought of those things but, really, I probably wouldn't have. They seem trivial and simple now. They seem obvious. I think it was Heron of Alexandria who did the first steam "engine" and never actually turned it into work. To me, that seems obvious... Put a pulley on there or a gear and let's do something - he was brilliant with his gears by all accounts. So, it seems painfully obvious and I have to wonder how much further we'd be if many of those old inventors from antiquity had just taken their inventions one, or a few, steps further...

      Of course, I do realize that I'm looking at things with a whole different perspective. I really like to think that I'd have been a maker back in the days of yore. That I'd be wiling time away in my workshop making mad things - much to the church's chagrin. Or, perhaps like Heron, helping the church con more money from people.

      So, yeah, I'd like to think I'd have been great but I probably would have shoveled shit until I died from the plague or, perhaps better, been a scribe in the church. But I would like to hope that it would have been I who had founded some of the great founding principles of mathematica or even authored the early laws of physics. I don't think I'd have discovered calculus or trig but I might have done well with planer geometry or advanced algebraic maths. But, no... I'd have shoveled shit... Well, maybe I'd have been a blacksmith or something. Probably not, I'd probably have shoveled shit.

      Today, well, many of you are shoveling bits or smithing them together or scribing their functions or whatnot. What great invention will you be known for in 300 years? Meh... I have some published papers. Some citations... I helped to found a new use for computers (which would have been done just fine without me). I'll be forgotten, that's okay. But I kind of wish I was the guy who realized the benefit of adding a governor to a steam engine - it seems really damned obvious to me but, again, I'm looking at it from today's perspective and with the benefit of it already having been done.

      --
      "So long and thanks for all the fish."
    7. Re:Better coverage? by Anonymous Coward · · Score: 0

      I've done CPU design. I'm not a professional, but I'm definitely familiar with it. The amazing thing about a lot of CPU innovations is, once thought up, they seem incredibly obvious. But you get somebody holding your hand and you're trying to think of what they did before they flat out tell you, and it usually only dawns on you about 1 or 2 steps before they flat out tell you.

      You are making one of the classic blunders, assuming that you understand something you know nothing about, simply because you have some education in a technical field.

      The ignorant assume that only special people can be creative. This misconception (along with ethics problems in law and government) fuels the modern patent system, keeping it alive in spite of all the problems.

      In reality, it is very easy to be creative, once you learn how to do it. Creativity just comes down to putting two ideas together in a way you never thought of doing before, which the human brain is naturally able to do. Most people never learn to use this capability, which is a shame, and so to them creativity seems like something magical instead of something routine and ordinary that everybody can do on a daily or weakly basis. All the really good software engineers out there have the ability to do this, as do people in many other disciplines.

      Modern education (thoroughly tainted by the publish or perish system) often makes things far harder than they need to be. Just because something seems hard to you, trying to absorb a large body of knowledge when it has gotten complex, taught by somebody that doesn't know how to teach (and is in a position of ethical conflict of interest with respect to how they spend their time), doesn't mean the same things were hard to people who experienced the evolution of the field.

      What seems like a complex multi-step process to you might have been obvious to somebody who was actively working in the field, and just a few steps away from the idea. Often, in that situation, it's just a matter of making a little time to think about doing things a different way.

      In all likelihood, many different people came up with the same idea at about the same time - this is common. In fact, the person who gets credit for the idea is almost never the first to come up with it (a point which is true for the vast majority of the "named" ideas of science, aka Stigler's law of eponymy).

      "It takes a thousand men to invent a telegraph, or a steam engine, or a phonograph, or a photograph, or a telephone or any other important thing--and the last man gets the credit and we forget the others. He added his little mite -- that is all he did. These object lessons should teach us that ninety-nine parts of all things that proceed from the intellect are plagiarisms, pure and simple; and the lesson ought to make us modest. But nothing can do that." - Attributed to Mark Twain

  5. Legislative Matching Funds by bill_mcgonigle · · Score: 0, Troll

    Great - Apple should put as much money as it pays out in patent settlements into bribing ... err, lobbying ... politicians to enact comprehensive patent reform to get rid of this kind of economy-crushing activity.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  6. Prior art? by ruir · · Score: 1, Insightful

    I could swear RISC processors, namely acorn archimedes and MIPS were doing that before that patent was filled...

    1. Re:Prior art? by bazmail · · Score: 1

      Your expert witness credentials check out just fine. When can you start?

    2. Re:Prior art? by jabuzz · · Score: 1

      And there was me thinking there was no such processor as "Acorn Archimedes", and the Apple processors being ARM derivatives anyway (aka the processor used in the Acorn Archimedes"

    3. Re:Prior art? by Anonymous Coward · · Score: 1

      Acorn Archimedes and MIPS had speculative OoO execution with data dependency detection and table based dependency prediction?
      [citation needed]

    4. Re:Prior art? by Anonymous Coward · · Score: 1

      I could swear RISC processors, namely acorn archimedes and MIPS were doing that before that patent was filled...

      I could swear that you haven't read this patent?

    5. Re:Prior art? by Anonymous Coward · · Score: 1

      I can't say for MIPS (which I would also doubt), but even if we took a late version of the StrongARM110 (used in the RiscPC), you'll find that it had no such capability.

      There's a sparse datasheet here for the intel version: http://netwinder.osuosl.org/pub/netwinder/docs/intel/datashts/27823004.pdf and makes no such mention of any type of prediction logic of any kind.

    6. Re:Prior art? by 140Mandak262Jamuna · · Score: 1

      The membership to 7 digit user id club is particularly valuable as credntials.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    7. Re:Prior art? by rmdingler · · Score: 1

      The membership to 7 digit user id club is particularly valuable as credntials.

      Jackpot! I had a hunch laying about here for tens of weeks would finally pay off!

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    8. Re:Prior art? by Anonymous Coward · · Score: 0

      The DEC Alpha had Branch PRediction
      https://en.wikipedia.org/wiki/Alpha_21264
      Specifically
      The algorithm was developed by Scott McFarling at Digital's Western Research Laboratory (WRL) and was described in a 1993 paper. I remember reading the paper when working on the Alpha.

      If this is not included in the Patent references then there could be grounds to nullify the Wisconsin Patent.

    9. Re:Prior art? by AmiMoJo · · Score: 4, Informative

      This patent is a bit different to what RISC and MIPS were doing back then. It involves out of order execution, which IIRC ARM didn't do in the Acorn Archimedes era. When doing OoO execution the CPU executes instructions based not on the order in which they are programmed, but on the order in which its resources are available to them (ALUs, FPUs, bus access etc.) This patent also predicts when data produced by one instruction will be needed by another, in a very specific way.

      Other manufacturers have either licensed it or used a difference scheme to do data prediction, but the specific method they claim appears to be novel, or at least was back in 1998.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    10. Re:Prior art? by Fnord666 · · Score: 1

      Your expert witness credentials check out just fine. When can you start?

      In what way does his "expert witness credentials", or possible lack thereof, invalidate the facts of his comment? An expert witness is a person who is permitted to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case. His comment does not require any special knowledge. It is a statement of fact, which can be verified as either true or false. In this case a request for a citation might be in order but an ad hominem reply such as this only reflects poorly on you.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    11. Re:Prior art? by robi5 · · Score: 1

      A 7 digit id can be a result of a rich, fulfilling professional and personal life (no time for slashdot posting; only reading when it was still worth it); he might also be a good listener who didn't speak up on first inclination (i.e. didn't need a user id). In the good old days the summaries were still bad, but there was enough meat in the discussion to reverse engineer what it was about. These days, I'd have to RTFA - I'm in the middle of the stream and still haven't an idea of what Apple did as optimization that was proprietary, not to mention how many other CPU patents there may be that will have a similar outcome. A billion here, a billion there and pretty soon you're talking real money.

    12. Re:Prior art? by MachineShedFred · · Score: 1

      I don't believe that Intel added branch prediction on anything until the pipelining got ridiculously long back in the days of the Mhz wars (Pentium 4).

      They were also sued over this patent, and settled out of court.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    13. Re:Prior art? by Anonymous Coward · · Score: 0

      Doesn't matter. This crappy school has no future so we just act like little spoiled children and try to ruin the lives of others with our temper tantrums. This school gone full liberal anti-science. I know when after three mornings in a row after having some hippie bitch shit on the floor in front of my office door, that this school was dead. No one here works any longer. They just whine about feelings. This used to be just a bad school, but now it doesn't even try to be a school.

    14. Re:Prior art? by Anonymous Coward · · Score: 0

      excepting anyone signing up to slashdot at that point obviously doesn't have a professional life o.w. they'd immediately notice stale 'news' and the general steep decline of what was once the mighty /.

      personally my id is in the low 1000s iirc, but i haven't bothered to login in years, and only briefly stop by out of what i can best describe as inertia.

    15. Re:Prior art? by Anonymous Coward · · Score: 0

      It was a joke ... lighten up, Francis (Aspie)...

    16. Re:Prior art? by KGIII · · Score: 1

      I had a 5 digit UID at one point but I no longer have the email address and can't, for the life of me, recall the name. I'll have to settle for six.

      --
      "So long and thanks for all the fish."
    17. Re:Prior art? by robi5 · · Score: 1

      I see you waited with getting your six digit accout as long as you could :-)

    18. Re:Prior art? by KGIII · · Score: 1

      1,000,000 would have been cool. :(

      --
      "So long and thanks for all the fish."
  7. Who would receive this money? by Anonymous Coward · · Score: 1

    So if Apple were forced to pay this money, who would end up receiving it? The UW students? Faculty? Administrators? The taxpayers who helped foot the bill for the state-funded UW?

    1. Re:Who would receive this money? by Anonymous Coward · · Score: 0

      Guess this would make up for the $250M in funding cut from the state university system in order to pay for the new Milwaukee Bucks arena, even though they barely generate more than a few million in tax/economic revenue a year. Gotta keep all those wonderful minimum wage vending and ticket-checker jobs in-town.

    2. Re:Who would receive this money? by Letophoro · · Score: 2

      The lawyers.

    3. Re:Who would receive this money? by bazmail · · Score: 0

      lol "taxpayers".

      Let me tell you how it will be spent. a few million will go on some BS diversity garbage for PR purposes. The rest will go on "expenses" and maintenance of sports programs.

    4. Re:Who would receive this money? by burtosis · · Score: 3, Interesting

      Typically there is an income distribution agreement where some of the money goes to the inventors and the majority gets distributed within the university itself.
      While its difficult to provoke one to action, never mess with a large university that has a law school as they are just as vicious as a large corporation, if not more formidable.

    5. Re: Who would receive this money? by Anonymous Coward · · Score: 0

      Maybe the physics department can finally get that 200' jumbotron the wanted in the ekectrodome they wanted for so long.

    6. Re:Who would receive this money? by monkeyxpress · · Score: 4, Interesting

      As with almost all patents, most definitely not the people who actually came up with the invention.

      Engineers should form some kind of intellectual property defence league and refuse to sign employment contracts that blanket assign all inventions to an employer for a wine and cheese basket and day off. Of course employers deserve some level of ownership for creating the environment in which the innovations could occur, but without the engineers they would have neither the environment or the ideas.

      Intellectual property is increasingly becoming one of the most valuable assets in our economy, yet most engineers trade their ideas for an hourly wage that is barely enough to buy a place to live in most cities now.

    7. Re:Who would receive this money? by Lumpy · · Score: 1

      Lawyers.

      --
      Do not look at laser with remaining good eye.
    8. Re:Who would receive this money? by Anonymous Coward · · Score: 0

      The Wisconsin Alumni Research Foundation (WARF) is the organization that directly holds the patents. UW faculty members can choose to sign over their patents to WARF which handles the business end of licensing and defending the patents in return for some percentage of the money. The WARF in turn helps fund the University. The University of Wisconsin is fairly unique among major research universities that the faculty member isn't required to sign over the patents, but it seems to work since it has among the largest endowments of any state university.

    9. Re:Who would receive this money? by Anonymous Coward · · Score: 0

      The money would go to WARF, who holds the patent. (captcha is 'invent')

    10. Re:Who would receive this money? by avandesande · · Score: 1

      I got lunch at a Mexican restaurant and a dollar.

      --
      love is just extroverted narcissism
    11. Re:Who would receive this money? by Bengie · · Score: 1

      Money is a funny thing. Sometimes is closely represents value, other other it's way off. An example is in Minnesota, the state subsidized farmers getting fiber internet. Looking only at the farmer's profit, it's a loss in the number of $$$ at the micro-level. At the macro level, $$$$$ in extra money is now coming into the state as a whole. There are situations where spending X money in one area will gain you Y money in another area, where Y is greater than X.

    12. Re:Who would receive this money? by Anonymous Coward · · Score: 0

      that is why I like working where I do. I would get a cut of the profits (2.5 or 5% can't remember) up to a max of 250K per Patent per year for the life of the patent.

    13. Re:Who would receive this money? by langarto · · Score: 1

      never mess with a large university that has a law school as they are just as vicious as a large corporation, if not more formidable.

      Of course they are just as vicious as a large corporation. That's because they are a large corporation.

    14. Re:Who would receive this money? by jedidiah · · Score: 1

      No. It's just obvious that infastructure that spans across the state is a much more effective investment then pandering to a large corporation and giving them a stadium they should be able to pay for on their own.

      A 100 mile fiber run into the farm belt can be used by more than just the farmers.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    15. Re:Who would receive this money? by burtosis · · Score: 1

      Worse when its a state university and therefore government.

  8. Pocket change by Overzeetop · · Score: 1

    I'm pretty sure there's more loose change than that in the couch cushions at one infinite loop.

    The bigger question: does it also occur in the A9/A9X, or were they just not out when the lawsuit was filed. Could UW request an injunction against the current crop of processors as well?

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re: Pocket change by Anonymous Coward · · Score: 0

      Since they don't sell competing products, I don't think they qualify for requesting an injunction. They'd just be able to ask for more money.

    2. Re:Pocket change by zelphie · · Score: 1

      It does also occur, and WARF has filed a second lawsuit a few weeks ago, I think.

  9. You are joking, right? by Anonymous Coward · · Score: 1

    Apple has more in the bank than 112 of 162 countries in the world combined (is it still only $200 billion) .

    Whether or not they whittle away at the amount (they will), it isn't going to be financially relevant to Apple.

    1. Re: You are joking, right? by Anonymous Coward · · Score: 4, Insightful

      "Yeah, 800 million dollars is nothing. You fucking idiot."

      They have $212 billion that they can't figure out what to do with. Otherwise it wouldn't be in the bank.

      And that's *Mister* fucking idiot to you.

    2. Re: You are joking, right? by Anonymous Coward · · Score: 0

      "Yeah, 800 million dollars is nothing. You fucking idiot."

      They have $212 billion that they can't figure out what to do with. Otherwise it wouldn't be in the bank.

      And that's *Mister* fucking idiot to you.

      I am sure they have things they would love to spend it on, but it is safely hidden in tax-havens, if it gets or spend out it would be taxable.

    3. Re: You are joking, right? by jedidiah · · Score: 0

      Nope. You're still an idiot, an innumerate idiot.

      Statements like yours explain how lottery winners can wipe themselves out in less than 2 years and how people can be fiercely proud of the fact that they get reamed by corporations paying 2x or 3x what they really need to.

      I'm sure Steve would not view $800M as nothing, even with the other $211B. Self made men are funny that way.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  10. WARF by rmdingler · · Score: 1
    A fairly diverse set of holdings:Vitamin D in milk, warfarin (see what they did there?), and stem cell patents...

    oh yes, and that chip thing.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:WARF by Anonymous Coward · · Score: 0

      Sad to see that my alma mater has given-up on providing education and has instead gone into the patent troll business. That's quite a ride range of trolling there.

      I've never been more ashamed of where I went to school. I know how the Penn State guys feel now about how their school raped children then protected the rapists.

    2. Re:WARF by Anonymous Coward · · Score: 0

      Just because here the administration, football coaches, grad assistants, and football players all defended child rape and acted in a way to make sure child rape continued, that doesn't mean the problem was systematic like the crappy half-ass University's patent trolling. We have 849 wins in football while Univ of Wissuckson only has 664.

    3. Re: WARF by Anonymous Coward · · Score: 0

      WARF has used money from things like this to help fund research and science outreach... I.e. education.

  11. Jury competence? by bradley13 · · Score: 4, Insightful

    This is a very technical patent having to do with prediction. Not predicting branches, but predicting data. It might even be valid - I haven't kept up with processor architecture for too long. The gigantic question is: given the state of the art at the time this patent was filed, is it a logical extension obvious to a person "skilled in the art". That would be a very tough question to answer, even for an expert in the field.

    Just how is a jury of non-technical people supposed to figure this out?

    I'm sure they will have heard from Apple's experts: "This is obvious, a kid could figure it out", and the university's experts: "wow, what a clever invention". How will they have judged and compared these expert opinions? Their charisma? Their hairstyle?

    The whole patent system is one gigantic disaster. Even for potentially valid patents, the process is just wrong.

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Jury competence? by Anonymous Coward · · Score: 0

      I wonder whether you wrote so much about all the bogus and trivial patents Apple use against competition? Thought so. Give it up Apple zealot or paid shill.

    2. Re:Jury competence? by Anonymous Coward · · Score: 2, Interesting

      I asked a judge that question this weekend. The answer seems to be to let side a make an argument, then see what the other side says about it, the repeat until somebody blinks. Kind of like judging a debate where you don't really understand the meat of the arguments, only the jist. A really scarry situation in a country where you are guaranteed the right to be judged by your peers.

      1997 seems a really late time ( 30 years?) to have discovered statistical branch prediction in a cpu. But if so, Apple should have been able to show that and apparently they couldn't. Hopefully it is not a case of they did and the jury did not understand.

      Perhaps the jury should take a test after the verdict to see what they understood.

    3. Re:Jury competence? by AmiMoJo · · Score: 2

      The University seems to be arguing that Apple wilfully violated the patent. If that is the case then it is likely that they were able to show that Apple engineers enquired about the patent or obtained copies of it, which suggests that it isn't all that obvious. If it were they would have just quietly got on and implemented it without any help.

      Sadly we don't have any info on the arguments put forward, but since have asked the judge to consider wilful infringement it's likely that Apple's own actions pretty much proved that the patent was valid.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:Jury competence? by monkeyxpress · · Score: 3, Insightful

      No you only do the not looking for patents thing if you are a startup. The key difference is that if your startup fails then nobody cares, and if your startup succeeds and you are challenged by a patent holder you can just negotiate royalties without them being able to threaten triple damages on you. If you are Apple you do due diligence and freedom to operate processes on any new tech area you operate in because you aren't going to get away with flying under the radar. They probably have in house lawyers who trawl patents checking for this stuff.

      More than likely Apple did a very thorough assessment of the patent and concluded that they did not think they were infringing it. They have now been found to be infringing it so of course the plaintiff is going to try to get wilful damages on the basis that they knew about the patent. Somebody at Apple stuffed up in their assessment and it looks like they should have just negotiated a license early on, but on the other hand you can't just go around paying off everyone who you think might be able to win a jury trial.

    5. Re:Jury competence? by AmiMoJo · · Score: 1

      I'm not really convinced that Apple evaluate patents properly. They have had this problem before, e.g. with standards essential patents that they didn't want to licence under the usual RAND terms. It seems like their plan was basically to infringe and then argue the point in court, at least during the Jobs era.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:Jury competence? by Theaetetus · · Score: 1

      I'm not really convinced that Apple evaluate patents properly. They have had this problem before, e.g. with standards essential patents that they didn't want to licence under the usual RAND terms.

      The only case I can think of like that was Motorola v. Apple and that went very, very badly for Motorola. Their "usual RAND terms" were "give us a license to every patent you own, 20% of gross revenues, your firstborn son, and a pound of flesh" and were flabbergasted when that was found to be not reasonable at all.

    7. Re:Jury competence? by Pinky's+Brain · · Score: 1

      The only valid patent is a patent held valid by a bunch of people who don't bother getting out of jury duty in East Texas.

      Everything else just comes down to trying to redefine subjective as objective, silly semantic games.

    8. Re:Jury competence? by Anonymous Coward · · Score: 0

      1. AC response, check
      2. Comparing design patents to utility patents, check.
      3. Not actually dealing with the substance of the post, or anything relevant, check.

      Go away, troll.

    9. Re:Jury competence? by MachineShedFred · · Score: 1

      Apple had always claimed that they were not offered "the usual RAND terms" because the SEP licenses they were offered always had cross-license terms that other licensees didn't have to agree too.

      Which, by the way, contradicts the label "RAND" because that's discriminatory by definition. Whether they were correct in that assessment or not, I don't know. I'm not a lawyer, and I don't have copies of all the agreements in front of me. But that was the issue in those cases - Apple wanted to license those technologies under the terms everyone else licensed them with, but the patent holders weren't playing by the rules they agreed to when they were included in the standards.

      Allegedly.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    10. Re:Jury competence? by swillden · · Score: 1

      No you only do the not looking for patents thing if you are a startup... If you are Apple you do due diligence and freedom to operate processes on any new tech area you operate in because you aren't going to get away with flying under the radar. They probably have in house lawyers who trawl patents checking for this stuff.

      All big corporations I'm aware of counsel engineers not to go looking for patents and I think you're equally wrong in your assertion that they have lawyers pre-emptively looking for potential infringements.

      I've had numerous discussions with corporate counsel about patents that may apply to my work, but they have always begun with a patent-holder alleging infringement. It's only after the allegation comes that anyone really starts digging to see if the patent applies. And then, the first step is to ask engineers to review the details of the allegedly infringed patent and make an initial determination of whether or not it applies. The reason that engineers are asked to do that review, not lawyers, is because the lawyers aren't able to do it. That indicates to me that lawyers are also unlikely to be able to evaluate applicability of patents before the allegation of infringement comes in, either, because it's the same process. So... if lawyers are pre-emptively examining potentially-infringed patents, they'd also have to be asking engineers. In 25 years in the business, most of it at big corporations, I've never seen that happen.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    11. Re:Jury competence? by AmiMoJo · · Score: 1

      Their issue was that hardly anyone actually paid to use the patent, they just cross licences some patents of their own. Apple didn't have any valuable technology patents, just shitty design patents on rounded corners and bounce scrolling. Some of them were invalid too, like the slide to unlock one. So the only option they had was to pay cash on every iPhone sold, and they really really didn't want to.

      The terms were fair, a percentage of the retail price. Same as everyone else gets.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    12. Re:Jury competence? by drinkypoo · · Score: 1

      I'm not really convinced that Apple evaluate patents properly. They have had this problem before, e.g. with standards essential patents that they didn't want to licence under the usual RAND terms.

      The only case I can think of like that was Motorola v. Apple and that went very, very badly for Motorola. Their "usual RAND terms" were "give us a license to every patent you own, 20% of gross revenues, your firstborn son, and a pound of flesh"

      You're not thinking correctly. That case was about a patent pool, and Apple elected not to join the pool. Those patents were available at RAND terms to other members of the pool. Apple got the law on their side because in that particular fight there was an element of nationalistic protectionism. Meanwhile, Apple was actually offered the option to join the pool in exchange for a bunch of patents they had which frankly they shouldn't have been granted anyway, because they weren't really their inventions.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:Jury competence? by zelphie · · Score: 1

      The arguments did not involve whether Apple knew about the patent, since the first phase of the trial (the one that concluded Monday evening) was not interested in determining whether infringement, if any, was willful. Instead, they did things like show the RTL, ask expert witnesses from both sides to explain the similarities and differences between Apple's implementation and the patent, and question both patent inventors and Apple engineers who worked on that part of the system. They also looked at prior work. Based on this information, the jury decided that the patent is valid and that apple did infringe.

      They're currently (at least as of around noon) in the damages phase, and after they finish that, they'll move onto determining whether Apple knew about the patent or not.

    14. Re:Jury competence? by ebvwfbw · · Score: 1

      Standard legal system BS.

      This is why you never want to be a defendant. People, supposedly piers are supposed to decide if you're guilty or not. Piers to me (by me I mean you reading this)? Yea, right. Only on a perfect day, perfect circumstances - you might get that. You end up with usually people too dumb to be able to get out of jury duty. Not very bright at all.

    15. Re:Jury competence? by Plumpaquatsch · · Score: 1

      Their issue was that hardly anyone actually paid to use the patent, they just cross licences some patents of their own. Apple didn't have any valuable technology patents, just shitty design patents on rounded corners and bounce scrolling. Some of them were invalid too, like the slide to unlock one. So the only option they had was to pay cash on every iPhone sold, and they really really didn't want to.

      The terms were fair, a percentage of the retail price. Same as everyone else gets.

      Yep, percentage of the retail price of the CHIP Apple bought. Like everybody else does it. Why do you think Motorola single-sidedly canceled that licenses deal just for Apple as a customer of Qualcomm so they could pretend that Apple had to pay directly to them?

      --
      Of course news about a fake are Fake News.
  12. Surprise by Anonymous Coward · · Score: 0

    Wouldn't we be surprised if Apple decided to simply pay the fine in cash, since they made such huge amounts with it anyway, and simultaniously give something back to the 'community' for further research and education?

  13. Paging Governor Walker by overshoot · · Score: 5, Insightful

    Here's a nice windfall for the Job Creators of Wisconsin. This may be as much as another $800 million you can cut from University funding.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Paging Governor Walker by acoustix · · Score: 1

      The UW's endowment is in excess of $2.3 billion. They will be just fine.

      --
      "A plan fiendishly clever in its intricacies"- Homer Simpson
    2. Re:Paging Governor Walker by Lumpy · · Score: 1

      Ohh they could lower tuition..... Nahh, they will never do that.

      --
      Do not look at laser with remaining good eye.
    3. Re:Paging Governor Walker by dlenmn · · Score: 3, Informative

      In terms of endowment per student, that's practically nothing (relative to other universities). The endowment is meant to generate income on interest -- not to be spent directly.

    4. Re:Paging Governor Walker by timholman · · Score: 1

      Here's a nice windfall for the Job Creators of Wisconsin. This may be as much as another $800 million you can cut from University funding.

      It will be a double whammy. Not only will the state legislature have an excellent excuse to make an enormous cut in the UWM budget, but the university itself will use a very large chunk of that money to hire a small army of new administrators while growing the university bureaucracy at a furious pace, resulting in even higher overhead costs for future UWM research contracts.

      In the long run, UWM will wind up with a few shiny new buildings and a whole lot of highly-paid assistant vice provosts looking for more ways to justify their salaries by micromanaging the faculty and the student body.

    5. Re:Paging Governor Walker by Anonymous Coward · · Score: 0

      WARF, the organization that was actually involved in the lawsuit, distributes the money through grants for specific needs. The money WARF has cannot be directly accessed by the state, nor the university. It's its own private nonprofit. It does give a general grant to the university for operations as well as specific research labs and activities, but also holds onto and manages the endowment. It's quite possible that a large portion of the money ends up in the endowment.

    6. Re:Paging Governor Walker by Anonymous Coward · · Score: 0

      FYI: UWM is in Milwaukee. (University of Wisconsin-Milwaukee) The one in Madison is UW-Madison or just UW.

    7. Re:Paging Governor Walker by overshoot · · Score: 1

      Doesn't matter, money is fungible. Anything that comes from some other source will be subtracted from the Legislative support.

      --
      Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    8. Re:Paging Governor Walker by afidel · · Score: 1

      Money is fungible which is why the whole "the lottery pays for school" schtick only works on people who would play the lottery (non critical thinkers), if additional monies are going to the schools through the lottery account the legislature can and inevitably will reduce their own contributions to the schools to the level that achieves the overall funding level that they want to target. Additional money coming in to pay for research through the WARF will just be offset by lower contributions from the state or school which will leave them more money in their general funds to assign as they wish.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  14. Re:Love that this is modded troll by gstoddart · · Score: 5, Insightful

    Is it trolling or flamebait to point that large companies are constantly suing one another over patents which mostly seem obvious to us, and that it's about time one of them came up short?

    I don't care if you're a Microsoft fanboi, an Apple fanboi, a Google fanboi, or a Samsung fanboi ... these patents and the lawsuits which stem from them more or less amount of a bunch of multi-billion dollar corporations carving up the industry and making sure nobody else can get into the game.

    Patents are probably doing more to stifle innovation that foster it, precisely because they all patent even the smallest thing to have in their war chest.

    Honestly, seeing the big players getting screwed in patent lawsuits gives me hope at some point they'll all wise up and start pushing for patent reform themselves.

    Because as long as it's a stacked deck which makes them huge amounts of money, they have no interest in things ever changing. If the only way for things to change is by costing these guys a bunch of money, bring it on.

    --
    Lost at C:>. Found at C.
  15. Should be more by rebelwarlock · · Score: 1, Troll

    Apple should be required to pay twice the entirety of the gross sales of all the infringing devices. That way, they're guaranteed to take a loss for this behavior, and will at least think twice before trying something like this again.

    1. Re:Should be more by Anonymous Coward · · Score: 0

      Yeah, because clearly that's a punishment that fits the cause. No, this is why we have actual regulations that specify what damages may be allowed - to disallow emotional outburst revenge punishment like you just prescribed.

  16. They did the same to Intel by dlenmn · · Score: 4, Informative

    The Wisconsin Alumni Research Foundation (WARF), the people who actually hold the patents (the university isn't allowed to have them directly), did a similar thing to Intel not all that long ago (5 years?). I guess I can't complain since WARF funds my research (and a lot of research on campus -- having an internal funding mechanism is great). However, I recall that a bunch of the Intel money was supposed to go to the college of engineering (COE), which seems to have spent the money redecorating Engineering Hall (which, admittedly, is super ugly) and cutting ECE teaching assistant positions. It would be nice if the COE got a chunk of this and actually put it to good use...

    1. Re:They did the same to Intel by ColdWetDog · · Score: 1

      How do you spend money cutting teaching assistant positions? That's a pretty novel idea. Maybe they should patent it.

      Just think, recursive patents!

      --
      Faster! Faster! Faster would be better!
    2. Re:They did the same to Intel by pr0nbot · · Score: 1

      Well getting rid of failing CEOs always turns out to be super expensive... maybe it's the same for TAs?

  17. $823 Million ... 0.4% of Apple's cash on hand by enjar · · Score: 4, Insightful

    Apple has somewhere around $200 billion in cash. If they have to pay $823 million they still will have around $200 billion in cash.

    If you buy something for around $200, do you care if it's $200 or $200.80? Do you really miss the extra 0.80?

    1. Re:$823 Million ... 0.4% of Apple's cash on hand by Anonymous Coward · · Score: 0

      Was going to say...$800 million is a lot for WM but it is a rounding error to Apple. So really not huge except for WM...small for Apple.

    2. Re:$823 Million ... 0.4% of Apple's cash on hand by Anonymous Coward · · Score: 0

      what a great communist, or is it socialist, statement.

    3. Re:$823 Million ... 0.4% of Apple's cash on hand by robi5 · · Score: 1

      No worries unless it turns out someone has another 249 patents like this, which actually isn't a lot of patents.

    4. Re:$823 Million ... 0.4% of Apple's cash on hand by swillden · · Score: 1

      Apple has somewhere around $200 billion in cash. If they have to pay $823 million they still will have around $200 billion in cash.

      If you buy something for around $200, do you care if it's $200 or $200.80? Do you really miss the extra 0.80?

      I don't see the relevance.

      When setting punitive fines for corporate actions, it makes sense to scale the fine against the company's income and assets, because the goal is to make it hurt. But patent litigation isn't about punishment, it's supposed to be about making the owner of the patent whole, giving them the money that they were supposed to have gotten, so the amount should be set at the amount they lost, plus possibly some interest and maybe cash to cover court costs. $823M seems, if anything, a bit high. Sure the patent made Apple's CPUs a bit more efficient, but did that added efficiency really result in $823M more in profit? Would Apple have sold many fewer devices if their CPUs had been a few percent slower? I doubt it. On the other hand, would Apple have been willing to pay, say, 75 cents per device to license the patent? Maybe they would.

      In any case, I can't see a legitimate argument for the number being much higher, and the fact that Apple could afford more doesn't change anything.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:$823 Million ... 0.4% of Apple's cash on hand by enjar · · Score: 1

      I'm more commenting on the headline containing the words "Faces Huge Damages". The damages are nowhere near huge for Apple, with ~$200B in cash and a ~$650B market cap.

      If the headline was "Apple Faces Damages" or "Apple Owes Potential $825M in Damages", or something along those lines, there would be no complaints.

    6. Re:$823 Million ... 0.4% of Apple's cash on hand by enjar · · Score: 1

      You not only need the patent, but also the ability to fund the legal campaign, which can go on for years as the different phases of the case happen, plus time for appeals, motions to extend, etc. It's not like you show up at court with your patent and walk out the same day with a suitcase filled with cash.

    7. Re:$823 Million ... 0.4% of Apple's cash on hand by Waccoon · · Score: 1

      I know people making $200K per year who will haggle like crazy over $800.

  18. WARF gets it by dlenmn · · Score: 4, Informative

    The money goes to the Wisconsin Alumni Research Foundation (WARF). The university isn't allowed to own the patents directly. That means that the university and state can't just raid the money as they see fit, which is probably a good thing.

    WARF doles out the money in various ways. Much goes to research on campus, some goes to "faculty retention" (i.e. when another university tries to poach a strong faculty member, WARF steps in with money to keep them here), some is administrative costs (WARF assists university personnel in getting patents), some gets returned directly to the university, some goes to the people who did the research to get the patent, etc.

    In short, the answer is "all of the above and more".

    1. Re:WARF gets it by gnupun · · Score: 0

      So in short, the middlemen or aggregators make all the money again, and not the people who did the actual work, thanks to bullshit laws and policies. The same applies not just to patents but to many other artistic, scientific, technological or other high skill jobs. Maybe the laws were written by the govt and the middlemen (corps, brokers etc) to screw the creative people who provide valuable IP.

      If an employer gets IP from his employee, he needs to pay the employee a royalty as long as the IP is making the company money. Of course, the IP should be innovative and not some cut-and-paste stuff downloaded from the web. Paying some lame monthly salary while the company makes profit off the work for decades is just stealing.

      In this case, WARF should pay 10% to 20% of the proceeds to the inventors. Heck, the lawyers are getting at least a 30% cut, so the inventors should get at least that much.

    2. Re:WARF gets it by zelphie · · Score: 3, Informative

      WARF does pay a substantial share to the inventors: http://www.warf.org/for-uw-inv...

      From the link: "20% of royalties (before expenses) will go to you [the inventor]."

    3. Re: WARF gets it by Anonymous Coward · · Score: 0

      WARF does give a cut to the researcher, and researchers are not required to get their parents through WARF. It has nothing to do with laws: if you don't want to do things yourself, you will need to pay some one else to do it for you. This can either be a flat fee to a private patent lawyer, or a fraction of the patent profits to a university (like via WARF or similar programs at other universities). And just like anything else in like, the middlemen have to compete in terms of convenience and other features (e.g extra research funding for university patent programs) to convince you to not go elsewhere.

  19. Oops by Anonymous Coward · · Score: 0

    I responded to the wrong post --- sorry. Stupid beta.

    1. Re:Oops by Impy+the+Impiuos+Imp · · Score: 1

      Most Slashdotters are smart betas. You're 0 for 2, you poor soul.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  20. wine and cheese basket? by Anonymous Coward · · Score: 0

    Ever since a court decision 10-20 years ago, most companies pay nothing for a patent assignment. It used to be that you had to have "tangible consideration", so you assigned your patent for a dollar. I heard from colleagues that Hughes Aircraft (pre-GM) gave you a copy of any book rebound in leather. Some companies would pay a bonus for a filed patent application (a few hundred bucks, maybe).

    Now, though, the consideration (in a contracts law sense) is that you are allowed to keep working for the company.

    Universities tend to have schemes where the inventor gets 25% of the royalties, the institution gets 75%. Often, they will also do some sort of matching thing, where if the inventor invests their 25% into research at the institution, they'll kick in a matching amount (e.g. you get 50% to improve your lab, and the uni spends 50% on anything else it wants to)

  21. I'm sorry for my reply by Anonymous Coward · · Score: 1

    I'm sorry for my reply. Please accept my sincere apologies. You are right, that is couch cushion money to Apple.

    I now see that I was in the wrong, and I will endeavour to better myself in the future.

  22. Free rider problem solutions? by sjbe · · Score: 3, Insightful

    I'm generally pretty against patents.

    Fair enough. Patents do have their problems and I would agree that our current patent system has huge flaws. So what is your alternative solution to the free rider problem? That problem is the primary reason why patents (and copyrights) exist. I'm not opposed in principle to scrapping patents and doing something else. Our current system clearly needs major reforms but I have yet to hear anyone come up with any solution to the free rider problem that is better than a reformed version of a patent process. We know what scrapping the patent system would result in (it would not be good) because there are plenty of countries without such a system and it's easy to see the effects on their economies. So tell me, how do we solve the free rider problem so that we can get rid of patents? (and no, just ditching them wholesale will not work and won't happen anyway)

    1. Re:Free rider problem solutions? by Anonymous Coward · · Score: 0

      >the free rider problem occurs as an under-provision of goods or services

      I don't mind if circular wheels, the assembly line, and Steamboat Mickey become "deprived" of provisioning. If these goods/services wither and die, shame on me. That seems unlikely if it turns out they're not "property" and only exist as an abstract concept in the hivemind.

      To dialogue more cooperatively: I do believe in the possibility of a system that would somehow incentivize creators without pretending it's possible to own a thought, everywhere in the universe simultaneously forever. I don't, however, see any hope of implementation. I'm realistic, I don't expect grand ideas to get by on lofty "Should"s alone. Market forces are a million times more effective at causing change than dreams and wishes. Even lobbyists have like, 10^3 or 4 over that fluff.

      While I want to say "This system will do for now" we're drawing to a head slowly. Material value steadily loses relevance in prole lives - even if we never hit "post-scarcity" we have reduced scarcity already, which makes immaterials more relevant. Technology will progress, and The Powers That Be are going to kick and scream when everybody is passing around 3Dprint files for everything from cars to shoes.

    2. Re:Free rider problem solutions? by Anonymous Coward · · Score: 0

      abolish patents period, who cares if i come up with a product and someone else does as well, the better product will succeed anyway

    3. Re:Free rider problem solutions? by Anonymous Coward · · Score: 0

      We know what scrapping the patent system would result in (it would not be good) because there are plenty of countries without such a system and it's easy to see the effects on their economies.

      We know nothing of the kind. For much of early US history, there was a strong refusal to recognize British IP (the British were seen as the enemy and all kinds of underhanded stuff went on: go read the history of the development of industrialization in the USA for the details), and yet both nations were enormously prosperous. Certain Asian countries today are doing nothing that was not already done by the US against Britain.

      Further, the current IP-related legal practices in the USA and made other places involve serious violations of a number of fundamental human rights, such as the right to ethical practice of law, and the right to ethical government. The US legal profession, and others around the world, have for the most part chosen to ignore these ethics problems, as have the politicians. This causes huge problems for many societies around the world: there is a slippery slope problem here, where ethics problems in one area of law or government creep into other areas, until one eventually has a set of serious problems that are very hard to fix and which have a host of negative consequences (including very severe economics consequences) for the affected societies and others (which these days means the rest of the world).

      Prior Slashdot discussions on the relationship between ethics and patent or copyright have covered this in more detail.

      The same sort of slippery slope led to historical problems such as the continuation of slavery or indentured servitude by "modern" societies long past the point where it made any sense. Slavery, for example, was clearly inconsistent with the notion of a nation founded to protect the rights of man (as Morris so clearly put things in his speech at the US Constitutional Convention), and thus the continuation of slavery represented unethical practice of law on a major scale. Slavery required in the case of the USA a very bloody civil war to begin to fix, and Britain didn't finally outlaw indentured servitude (which was often quite similar to slavery) until just before WW1.

      History clearly shows that legal professionals, as a class in society, are quite willing to tolerate unethical and immoral practices for extremely long periods of time so long as they can make a buck along the way: it takes strong external influences to force these situations to end (and even then, most of the people involved in wrongful conduct retire with their riches, escaping all penalty).

    4. Re:Free rider problem solutions? by jwhitener · · Score: 1

      Patents are fine. They just need to return to their original duration of ~17 years.

  23. governor Scooter Walker by AndyKron · · Score: 2

    Does this mean governor Scooter Walker can cut even more out of their budget?

  24. 'Huge' is a matter of perspective by sdinfoserv · · Score: 1

    'Huge' damages against Apple of sub-1 billion is not all that noteworthy when revenue Q1 alone was $78+ billion. I reminds me of when Attorney General Janet Reno was going to hold Microsoft in Contempt threatening to fine $1 per day and Gate's response was something to the affect of "1 make a million an hour, f*ck them".

    1. Re:'Huge' is a matter of perspective by ColdWetDog · · Score: 1

      If that were even remotely true, Apple would send me (an you and ever other Slashdotter) an iPhone, iPad, iMac and for grins, a MacPro with matching MacBook pros in several configurations. It would not even touch their bottom line.

      You don't get to be a big, profitable company by giving money away (unless it's to executives, that is completely different.

      --
      Faster! Faster! Faster would be better!
    2. Re:'Huge' is a matter of perspective by david_thornley · · Score: 1

      No, but if you're just sitting on two hundred billion dollars, you can take an eight hundred million dollar hit and keep going with no problem. Apple wasn't really using the money anyway. By Apple standards, these are not huge damages.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    3. Re:'Huge' is a matter of perspective by sdinfoserv · · Score: 1

      No, you get to be a big, profitable company by exporting your 900,000 jobs to China (number of FoxConn workers - the place that has nets to stop suicide jumpers and also makes all the i-devices), pay them an unlivable wage in a place with no labor, intellectual property or environmental laws then brag how 'innovative' and helpful to the human race your products are.

    4. Re:'Huge' is a matter of perspective by sdinfoserv · · Score: 1

      it happened during the 'browser wars' of the 1990's junior.... sorry you missed it.

  25. Re:Love that this is modded troll by drinkypoo · · Score: 2, Funny

    I am not an apple fanboy, but I have to say that any post bitching about "one mouse button" in 2015 should automatically get a -1.

    Ah, but is it a troll, or flamebait? Since you're not an apple fanboy and it's 2015 you should be able to tell the difference.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  26. Re:Love that this is modded troll by fluffernutter · · Score: 0

    I would have modded him up if he wasn't at 5 already.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  27. False by dlenmn · · Score: 2

    As with almost all patents, most definitely not the people who actually came up with the invention.

    That is simply false. Researchers here aren't required to go through the Wisconsin Alumni Research Foundation (WARF) to get patents. If the researchers decide to, they make a contract with WARF where the researchers get a cut of the profits. Even grad students often get a cut.

    I don't know how it works at other universities, but universities aren't for profit corporations -- at least not yet. If universities didn't give faculty a cut of patent revenu, I'd imagine they'd soon find their strong, patent-generating faculty going elsewhere.

    1. Re:False by Anonymous Coward · · Score: 0

      The University of Wisconsin is fairly unique in that regard, because it got into the patenting game long before most universities (in the 1930's with Babcock's ice cream patents). At most universities the researchers don't get a choice about signing over their patents for a fixed cut of the revenue.

    2. Re: False by Anonymous Coward · · Score: 0

      At the last four universities I worked at, including as a student and two of them were private, researchers kept patent rights to inventions unless precluded by the details of and external grant. You did have the option of asigning a minority of the patent to the university in exchange for them covering the expense of filing and defending the patent. There were a few details about asking notification and stuff that could get you in trouble for going on your own but not following procedures, but other than paperwork (and a few incentives for keeping it in the university, like profit matching) there was not anything stopping you from going elsewhere with the patent. This isn't universal as there are universities with restrictive IP policies, but it isn't uncommon either.

  28. if i may quote yogi (rip) by dwpbike · · Score: 1

    it ain't over 'til it's over.

    1. Re:if i may quote yogi (rip) by Anonymous Coward · · Score: 0

      Or to quote Madden:
      "All they have to do, is get more points on the board when the clock runs out, and they just might stand a chance of winning this thing."

  29. Huge is relative by redfood · · Score: 1

    Apple is currently earning around $18 billion in profit each quarter. So, while I'm sure it will be a boon for Wisconsin and Apple will try to get out of paying it - $823 million isn't going to hurt Apple's bottom line too much. I'm sure they see it as the cost of doing business.

  30. Wow! by Futurepower(R) · · Score: 1

    Wow! Politeness on Slashdot? Must be a joke?

  31. Re:Love that this is modded troll by Anonymous Coward · · Score: 3, Insightful

    If the only way for things to change is by costing these guys a bunch of money, bring it on

    To Apple, a half a billion dollars is not "big money".

  32. University patents funded by the public by laughingskeptic · · Score: 4, Insightful

    These university patents are paid for by the tax-paying public, why does this no longer make them public domain?

    1. Re:University patents funded by the public by jo_ham · · Score: 1

      These university patents are paid for by the tax-paying public, why does this no longer make them public domain?

      Why would they be?

      It's not a requirement that the fruits of your research be automatically public domain if you have a source of public funds. Tax money is not the only source of income for these sorts of research groups and spin out companies.

      They frequently offer very favourable terms for non-commercial use, and make the meat of the licensing revenue on commercial interest. The purpose of doing it this way is to flow money back into the university. If it was all public domain then companies (like Apple) could just use the product of the research for no input. This way the university makes that tax money go further.

    2. Re:University patents funded by the public by Anonymous Coward · · Score: 0

      Are you serious? What incentive would researchers have to patent things if it just goes into public domain? They already have a myriad of avenues for getting their research out there.

      Anyways, don't you think they deserve something for innovating? Patent licensing helps Universities stay afloat, and encourages researchers to come up with truly useful ideas.

    3. Re:University patents funded by the public by Anonymous Coward · · Score: 0

      States typically explicitly forbid state universities from spending any state funds on anything but education (even to the level of not paying for lab-space in buildings).

    4. Re:University patents funded by the public by Anonymous Coward · · Score: 1

      Considering research institutions, especially UW-Madison, have been getting their funding reduced, do you really want to cut off one of their only good sources of income? And replace it with, what, exactly? Will your magical funding source survive the magical thinking of the tea party idiots and other republicans?

      No really, what is your solution? Fairy land economics? Sure lets take away all their patents and then see huge centers of research basically become irrelevant. Great job!

    5. Re:University patents funded by the public by DRJlaw · · Score: 3, Informative

      These university patents are paid for by the tax-paying public, why does this no longer make them public domain?

      "This" did not make them public domain in the first place, and ever since 1980 the Federal Government has said that the patents can be owned by the universities themselves. The Federal Government gets to say so because state governments historically do not fund research, only educational activities and infrastructure. The Federal Government funds research (NIH, NSF, DARPA, etc.).

      As to why the inventions aren't simply dumped into the public domain: university research does not take a product to commercialization. It is proof of concept, at best. Companies developing truly new concepts to commercialization want IP protection, since the next company entering could otherwise simply reverse engineer and duplicate the functional aspects of the commercial product while claiming license to 'public domain' patent behind the new concept.

      Of course you can point to individual products that might have been commercialized anyway, but in aggregate the decision has been that this scheme will deliver more commercial products to market than the 'public domain' route.

      If you think differently, then write your Congresscritter.

    6. Re:University patents funded by the public by Anonymous Coward · · Score: 0

      The government is allowed patents, just not copyrights.

    7. Re:University patents funded by the public by Anubis+IV · · Score: 2

      Based on the other comments up above, it actually sounds like they weren't paid for by the tax-paying public. Rather, the research was funded by WARF, so it makes sense that they'd be the owner of the patents. It's no different than any other private corporation funding research at a public institution. The institution may be public, but not everything that comes out of it is.

    8. Re:University patents funded by the public by Hognoxious · · Score: 1

      The development of the F-35 was paid for by the tax-paying public, why don't you go to the factory and demand a copy of the blueprints & schematics?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  33. Others? by Imazalil · · Score: 1

    I'm curious, have others licensed this tech, or is Apple simply the first to get sued? The article mentioned Intel, but what about other mobile manufacturers?

    1. Re:Others? by jo_ham · · Score: 1

      I'm curious, have others licensed this tech, or is Apple simply the first to get sued? The article mentioned Intel, but what about other mobile manufacturers?

      From the claims in the patent (branch prediction) I assume Apple thought they were covered, since it's hardly a new kid on the block in processor terms. As it turns out, they sued Intel for this same issue 5 years ago - not sure how that went.

    2. Re:Others? by Anonymous Coward · · Score: 0

      Nope, no one besides Intel. The patent is really only useful once you have very large out-of-order speculative cores.

    3. Re:Others? by Anonymous Coward · · Score: 0

      Err, did you read a different patent?
      It covers a rather specific method of load/store data conflict prediction, *not* branch prediction.

    4. Re:Others? by Anonymous Coward · · Score: 0

      Nope, no one besides Intel. The patent is really only useful once you have very large out-of-order speculative cores.

      So nobody but Intel and Apple could use this advanced feature in their CPUs, not even AMD. Which just proves that Apple CPUs are for pussies, right?

  34. Re:Love that this is modded troll by iamgnat · · Score: 2

    I am not an apple fanboy, but I have to say that any post bitching about "one mouse button" in 2015 should automatically get a -1.

    This is true. One button was apparently too confusing so they removed that. :-)

  35. Reporting (in)competence too by Solandri · · Score: 1

    I've been trying to figure out if this patent covers something ARM implemented, or something Apple added when they modified the ARM A7 and A8 processor designs for their own devices. That is, did UWM sue Apple as a proxy and a prelude to suing every other company out there using an ARM processor? Which would be a huge deal. Or does the reach of this patent end here (other than eliminating predictive branch ordering from future processors until the patent expires)? Which is not very newsworthy except for Apple.

    Unfortunately all the news articles I've found on it so far are written at the level of a jury of non-technical people, and provide no information which could answer this really important question. Maybe someone here has come across a better article?

    1. Re:Reporting (in)competence too by zelphie · · Score: 1

      It's something Apple added (and it's not about branch prediction). Other ARM processors would not infringe.

  36. Nomad had FM radio by tepples · · Score: 2

    Trevor Horn, Geoff Downes and Bruce Woolley wrote:

    I heard you on my wireless back in fifty-two

    UnknowingFool wrote:

    The problem with the "no wireless" part of the comparison back then was the Nomad didn't have wireless either.

    Several Creative Nomad models included an FM radio, which is more wireless than anything on the first generation iPod classic. In fact, a lot of present-day smartphone chipsets include an FM radio, but carriers have disabled them to sell bigger data plans.

    1. Re:Nomad had FM radio by UnknowingFool · · Score: 2

      Several Creative Nomad models included an FM radio, which is more wireless than anything on the first generation iPod classic. In fact, a lot of present-day smartphone chipsets include an FM radio, but carriers have disabled them [freeradioonmyphone.org] to sell bigger data plans.

      Please, you're on slashdot. Wireless in the context wasn't radio. It was wi-fi and you know it.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  37. Re:Love that this is modded troll by swillden · · Score: 3, Interesting

    I don't care if you're a Microsoft fanboi, an Apple fanboi, a Google fanboi, or a Samsung fanboi ... these patents and the lawsuits which stem from them more or less amount of a bunch of multi-billion dollar corporations carving up the industry and making sure nobody else can get into the game.

    You should leave Google out of that list. Google has never filed a non-defensive patent lawsuit, and seems pretty sincere about not using patents in the way you describe. I'm not sure about Samsung. MS and Apple definitely use patents as offensive weapons, regularly and aggressively.

    However, you're not at all wrong about the effect of the system. Google discovered this. Google tried to ignore the patent game for years and then realized that you can't play in this space without a patent war chest to defend yourself. Being a multi-billion dollar corporation with lots of disposable cash, Google could and did buy such a war chest. Small players can't.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  38. Ubiquitous ? by keysdisease · · Score: 1

    This is effectively an instruction prefetch and branch prediction scheme. How does every modern multi-core processor not infringe on this patient or have (all) other manufactures licensed it from UofWis? Didn't they review the patents that Samsung had licensed for the ARM processors that preceded the A4 and its successors?

    1. Re:Ubiquitous ? by zelphie · · Score: 1

      It is not branch prediction or instruction prefetching, and it only makes sense for large, out-of-order cores with large instruction windows. Intel was sued for infringing about five years ago but settled out of court (and ended up paying some money and getting a license). The A7 was the first of the Apple chips that infringed; no one is claiming that any previous ones did. It was Apple that added the infringing hardware.

  39. University of Phoenix is for profit by tepples · · Score: 1

    universities aren't for profit corporations

    True, not all regionally accredited universities are for profit. Some are though, such as the University of Phoenix (NASDAQ: APOL).

  40. What goes around comes around by iamacat · · Score: 1

    Apple is the world famous patent troll, demanding billions for trivial recreation of bathroom slide lock on a phone screen. It's like patenting cat videos in the world full of cats.

    This patent, on the other hand, appears to be a genuine, non-trivial invention. I hope they pay through their nose and get impacted enough to rethink what kind of IP laws they want to lobby for in future.

    1. Re:What goes around comes around by macs4all · · Score: 0

      Apple is the world famous patent troll,

      I don't think you understand what a Patent Troll is.

  41. The ruling should go further by Anonymous Coward · · Score: 0

    This ruling should match the Samsung rulings, and prevent any products from being shipped that violate this patent. You can't cherry pick the damages based on the involved companies.

    1. Re:The ruling should go further by U2xhc2hkb3QgU3Vja3M · · Score: 1

      Does the University has products on the market using those patents? No? Then it's not the same thing at all. In fact I'm pretty sure they'll want Apple to continue selling said products to collect their fees.

  42. Still a drop in the bucket for Tim Cook by nomad63 · · Score: 1

    I am sure the infringement paid itself off many times over by the sales surge due to higher speeds of the products Apple sold. Tempest in a teapot at best.

    --

    __________
    The more I know people, the more I love animals
  43. True, but not important. by Futurepower(R) · · Score: 1

    The GrandParent comment says that there was prior art. That invalidates anything coming later.

    1. Re:True, but not important. by MachineShedFred · · Score: 1

      Patents don't work that way. You can't patent a "smartphone" any more than you can patent the "automobile."

      Individual technologies and features can be patented; more accurately, the method of carrying out those technologies and features can be patented. If someone can come up with a way to do something the same by means of a different route, that's completely fair game.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  44. Publicliy funded Uni owns patents? by Anonymous Coward · · Score: 0

    The problem here is that we acquiesce to an insanity. Universities were supposed to produce knowledge and to teach students, instead they seem to concentrate on money making and football, oh wait, it is the same. I feel so good about how my tax money is being spent.

  45. You're an idiot. by Brannon · · Score: 0

    nt

  46. Brief summary of the 'invention' by nickweller · · Score: 2

    "the present invention provides a speculation decision circuit for use in a processor capable of executing program instructions in an execution order differing from the program order of the instructions"

    Dynamically optimize the execution order of the instruction set depending on previous hits or misses.

  47. Re:Love that this is modded troll by Coren22 · · Score: 1

    I haven't touched a Mac in a couple years, but I thought that the whole mouse pad was now a button, so still one button :)

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  48. Re:Love that this is modded troll by iamgnat · · Score: 1

    I haven't touched a Mac in a couple years, but I thought that the whole mouse pad was now a button, so still one button :)

    Yes, though I believe that the newest "force" version doesn't click anymore. It was sarcasm following the earlier posts and the lack of a visible button ;-)

  49. That's a lot of money! by ilsaloving · · Score: 1

    Wow, with all that money coming in, that means they can reduce tuition fees, right? Right??

  50. Virtuous circle providing more research dollars by perpenso · · Score: 1

    Wisconsin-Madison is a state-supported school. I realize these days it's considered okay to double- and triple-dip into taxpayers pockets, but this system where schools get to have tax money for research, and then patent the results for profit, is completely wrong. As a citizen, it means I'm paying for the research, then paying AGAIN to have any access to it. Based on state-granted monopoly. At best, any revenue derived from these university patents should go back into the general fund, not for the (unencumbered) sole use of the school.

    Don't know about Wisconsin but for the University of California (UC) system the the IP licensing helps pay for the university system in general, i.e. avoids a dip into taxpayer pockets. 50% of the revenue goes to fund the statewide UC system in general, 25% goes to the department(s) of the team members, and 25% goes to the team. The licensing basically funds much research, its a virtuous circle providing more research dollars than would have been available in a purely taxpayer funded system.

    On the licensing side it is a "discriminatory" system, smaller and local organizations get much lower fees than multinational conglomerates operating outside of California. So California residents also benefit by the promotion of jobs in California.

    Your assumption that state residents are inherently harmed by such IP licensing practices is mistaken.

    1. Re:Virtuous circle providing more research dollars by Curunir_wolf · · Score: 1

      The schools worked fine when it wasn't allowed to "monetize IP", and when tuition was lower. What happened? Now they have a bigger research staff (because somebody has to WRITE the patent applications), higher-paid administration, lawyers on staff (because they have to defend their patents - how else do you take on Apple Corp?), and everybody wealthy gets wealthier still. It introduces barriers to entry for small businesses so the poor get poorer. And even if you have some system to support small business start-ups, that becomes a crony system where you have to have some connections to get any real support.

      This is a small part of what Bernie is talking about - a capitalist system that protects the wealthiest and places the greatest burdens on the middle class. If you're working class, you get NOTHING out of this system, and you're worse off for it. So it's a system for concentrating wealth.

      It's all fine and good to claim that it's mostly state money, but of course most of the revenue comes from tuition - and much of the tuition comes from FEDERAL student aid, whether grants or loans or some combination of that.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    2. Re:Virtuous circle providing more research dollars by perpenso · · Score: 1

      UC has a dedicated staff to handle the patent paperwork. There is no great burden placed on the researchers. The department that does all the patent paperwork, licensing, defense, etc generates a lot of revenue; it does not add to expenses. Revenue that is applied to statewide funding of UC, slows increases in student tuition, and provides various on-campus and off job opportunities while a student. And again, ordinary researchers, professors and students, directly benefit from their work being commercialized. Its quite erroneous to characterize the UC IP system as one where only the wealthy benefit.

      Note that Bernie specifically supports small and medium sized companies. The UC IP program gives such companies a break on licensing fees, as they also do for local companies. No cronies required.

      Yes ballooning administration is a problem, and the various vanity projects they lean towards, but that problem is independent of the UC IP program.

    3. Re:Virtuous circle providing more research dollars by Curunir_wolf · · Score: 1

      The UC IP program gives such companies a break on licensing fees, as they also do for local companies.

      Oh, so after already paying tax money to support this bloated bureaucracy, and dedicated "monitization" staff, a few companies get a "break" from paying extra for the results of tech research that they've already paid for? How... terribly kind.

      No cronies required.

      Clearly, you've never tried to get one of these "discount" licenses from the elites at UC.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    4. Re:Virtuous circle providing more research dollars by perpenso · · Score: 1

      The UC IP program gives such companies a break on licensing fees, as they also do for local companies.

      Oh, so after already paying tax money to support this bloated bureaucracy, and dedicated "monitization" staff, a few companies get a "break" from paying extra for the results of tech research that they've already paid for? How... terribly kind.

      Small companies. Local companies. Again, you mentioned Bernie Sanders, and last night he specifically talked about treating small and medium sized businesses differently than large companies.

      Also, again, no tax money is spent on this UC IP bureaucracy. It generates revenue far in excess of its costs.

      No cronies required.

      Clearly, you've never tried to get one of these "discount" licenses from the elites at UC.

      Actually as a UC student I attended classes supporting a student entrepreneurship contest. A representative of the UC IP department attended and explained the program to us and emphasized its support of and discounts to small local startups.

    5. Re:Virtuous circle providing more research dollars by Curunir_wolf · · Score: 1

      Actually as a UC student I attended classes supporting a student entrepreneurship contest. A representative of the UC IP department attended and explained the program to us and emphasized its support of and discounts to small local startups.

      So you have to win a contest to be considered? Did he actually discuss the process, the forms, the reviews, the requirements for actually being eligible of getting any of that "support and discounts" and the chances of getting any? NO? I wonder why...

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    6. Re:Virtuous circle providing more research dollars by perpenso · · Score: 1

      Actually as a UC student I attended classes supporting a student entrepreneurship contest. A representative of the UC IP department attended and explained the program to us and emphasized its support of and discounts to small local startups.

      So you have to win a contest to be considered? Did he actually discuss the process, the forms, the reviews, the requirements for actually being eligible of getting any of that "support and discounts" and the chances of getting any? NO? I wonder why...

      No you did not have to win. The competition was just one of various venues where the people from the UC IP department reached out to students in order to explain the services they provided. Yes, they provided an overview of the program and the process. Yes, they provided a packet that went into greater detail about the program and process. There was a CD-ROM with the current list of IP available from UC. Yes, they made it clear their services were available to us after graduation when we were working in industry, regardless of the nature of our companies.

  51. Public domain gives back to non-taxpayers too by perpenso · · Score: 1

    The invention was a result of research, funded by the public, so the public should own the patent. It should be under an MIT or BSD-style license in the public domain.

    That makes more sense for federally funded projects than state funded. If state funded there would be free rides from the other states, in addition to the international free rides both federal and state funded projects would have.

    FWIW the University of California system has a "discriminator" licensing scheme where smaller and local organizations get lower fees. Giving back to the California public in the sense of jobs but also in the sense that the fees help pay for the statewide university system (50% of fee revenue, 25% to team's department(s), 25% to team). It ends up being a virtuous circle in that the state gets more research dollars than it would have in a purely taxpayer funded system.

    Also the University of California's BSD license was covering copyrighted IP not patented IP. Two very different things.

  52. Details please! by sjbe · · Score: 1

    To dialogue more cooperatively: I do believe in the possibility of a system that would somehow incentivize creators without pretending it's possible to own a thought, everywhere in the universe simultaneously forever.

    So what is your system? You believe it is possible so either give up the details or concede that you are basically arguing in favor of patents. Just "believing in the possibility" is meaningless. This is EXACTLY what I'm talking about. Nobody has actual ideas that improve things. You either get modest improvements to the status quo patent system or you get people wanting to abolish all patents with no care as to the consequences of doing that. Unless you have a better way to deal with the free rider problem you aren't improving things and abolishing patents (even with all their problems) will demonstrably not improve people's economic lives overall.

  53. Re:Love that this is modded troll by CapS · · Score: 2

    As you said, Google didn't have a large patent war chest until recently. This explains why they couldn't go on the offensive: they would have gotten eaten alive.

    Now that they've purchased a patent portfolio, they're like every other company: protect your IP at all costs. Google is no different than Apple, Microsoft, or Samsung. In fact they need to protect their IP or risk losing it.

    As for Google never filing a non-defensive patent lawsuit, that's not true. A quick Duck Duck Go search reveals this:

    http://www.informationweek.com...

    And there are plenty of examples of Google trolling other companies with patents as well:

    http://blog.splitwise.com/2013...

    Google should stay on the list, for sure.

  54. No by dlenmn · · Score: 2

    Using WARF is _voluntary_; UW researchers don't have to go through them. They can patented inventions on their own and take all the profit if they'd like (and pay all the filing costs, pitch it to companies, sue infringes, etc. on their own). Moreover, what middlemen take the money? The money returns to the university one way or another -- mostly as research grants within the university, not pocketed by a CEO.

    Chill out.

    1. Re:No by gnupun · · Score: 0

      (and pay all the filing costs, pitch it to companies, sue infringes, etc. on their own).

      Each of those steps (especially suing) is unaffordable to a common inventor/researcher.

      Using WARF is _voluntary_; UW researchers don't have to go through them.

      Even if you use UW facilities for research? That's doubtful.

      Moreover, what middlemen take the money?

      In this case, WARF and suing lawyers are the middleman between the inventors and the companies using the invention or the companies being sued regarding the invention.

  55. True by dlenmn · · Score: 1

    True. I should have said that _public_ universities aren't for profit corporations.

  56. Re:Love that this is modded troll by Guybrush_T · · Score: 2

    Lawyers galore, again.

    1. First, they come see companies, explaining that they need a patent war chest. Everybody is sincere and lawyers win.

    2. Then they explain to some CEO/CFO/shareholders that they could use it to gain more money with it (or as a strategical weapon against small companies endangering their business). Lawyers win again and more other companies need to go to step 1.

    You need a CEO with very strong feelings about patents to resist the temptation of using patents the wrong way.

  57. Re:Love that this is modded troll by DrJimbo · · Score: 2

    I'm giving up mod points to reply here but the articles linked to above provide no evidence of the claims made by the parent.

    CapS said:

    As for Google never filing a non-defensive patent lawsuit, that's not true. A quick Duck Duck Go search reveals this:

    http://www.informationweek.com...

    Did you even bother to look at the article you linked to? It says:

    Google, believing that litigation was imminent, responded by asking the court to issue a declaratory judgment that it is not infringing Netlist's patent and that Netlist's patent isn't valid.

    That is pretty much the exact opposite of an offensive patent suit.

    Then CapS said:

    And there are plenty of examples of Google trolling other companies with patents as well:

    http://blog.splitwise.com/2013...

    In this article Google applied for a patent and then, horrors, asked a company that was in the same field to get on board a patent reform initiative. Applying for patents and advocating for patent reform is not the same thing as being a patent troll. In the patent frenzied world of 2013, Google had to acquire patents to defend themselves. It was part of the cost of doing business in the tech arena. You have provided ZERO evidence that Google has switched gears and started to file offensive patent suits. If there are plenty of examples of Google trolling other companies with patents then please provide a link to at least one such case otherwise you are just full of shenanigans.

    --
    We don't see the world as it is, we see it as we are.
    -- Anais Nin
  58. only true if you're not shopping low end by Anonymous Coward · · Score: 0

    If you're shopping for a high-end laptop, then there is no (or little) Apple tax. However, Apple just doesn't make low-end products. So if you're looking at a $400 Windows laptop (Dell Inspiron 15 3000), there simply is no competing Apple machine. Apple's lowest-end laptop starts at $900.

  59. Re:Love that this is modded troll by Anonymous Coward · · Score: 0

    You should leave Google out of that list. Google has never filed a non-defensive patent lawsuit, and seems pretty sincere about not using patents in the way you describe. I'm not sure about Samsung. MS and Apple definitely use patents as offensive weapons, regularly and aggressively.

    Bullshit, Google has used Motorola to file lawsuits against the others as well.

  60. Re:Love that this is modded troll by swillden · · Score: 1

    You should read your links, they don't say what you think they say. In fact, they say what I said. If Google has acted offensively, much less trollishly, it should be easy to find examples. So why didn't you?

    Because there aren't any.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  61. Re:Love that this is modded troll by swillden · · Score: 1

    It's worse than that, unfortunately. Google had a CEO with very strong feelings about patents, but after Google and its partners got sued repeatedly and were able to do nothing about it, Page finally realized that the lawyers were right. Given the patent system we have, Google had to have a patent war chest.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  62. Re:Love that this is modded troll by swillden · · Score: 1

    Actually, Page wasn't CEO at the time, though it was still Page and Brin that drove the no-patents decision.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  63. No, really by dlenmn · · Score: 1

    Even if you use UW facilities for research? That's doubtful.

    Doubt all you want, the facts are the facts.

    Here's WARF:

    UW–Madison faculty, staff and students are not obligated to assign their intellectual property to WARF, unless required to do so by federal law or the terms of a sponsored research agreement with a third party.

    http://www.warf.org/about-us/f...

    Here's the official UW Policy:

    he UW is unique among U.S. universities in that it does not claim ownership rights in the intellectual property generated by its faculty, staff, or students, except when required by funding agreements. UW inventors do, however, have an obligation to disclose all inventions created while carrying out university duties, using any university funding, or using university premises, supplies, or equipment. It is the role of the UW–Madison Office of the Vice Chancellor for Research and Graduate Education to perform an equity review for each UW–Madison invention disclosure to determine what obligations may attach to each invention and who may have rights to the invention.

    https://research.wisc.edu/proj...

    Note that you have to disclose the invention to WARF. However, you don't have to give it to them. You have to disclose it because some (but not all) outside grants require inventions be assigned to the university, and WARF wants to make sure you're following the terms of the grant. However, that is not the University's fault. I speak as someone who has disclosed an invention to WARF. They looked it over, determined that it was not covered by a grant that requires I give up the invention, and told me that I could do what I wanted.

    WARF and lawyers are the middleman

    By that standard, it doesn't matter who owns the patent: any time there is a patent lawsuit there are middleman because lawyers are involved. Of course, that's a silly standard because they don't "make all the money" as you claimed a few posts ago. WARF doesn't really make money since it's a non-profit, and as noted above, despite your disbelief, you can cut WARF out of the loop.

  64. Re:Love that this is modded troll by swillden · · Score: 1

    You should leave Google out of that list. Google has never filed a non-defensive patent lawsuit, and seems pretty sincere about not using patents in the way you describe. I'm not sure about Samsung. MS and Apple definitely use patents as offensive weapons, regularly and aggressively.

    Bullshit, Google has used Motorola to file lawsuits against the others as well.

    Nope.

    There was one Motorola suit which is commonly cited as a counterexample... which Motorola filed before Google acquired Motorola. By the time Google got involved, the defendant had filed a countersuit which left Google with no choice but to defend.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  65. Re:Love that this is modded troll by CapS · · Score: 1

    I did read the links. The first was an example of Google taking the offensive in a patent lawsuit (which you said didn't exist). The second was Google using patents to stifle innovation and bring down smaller developers. In each of these examples the smaller companies are getting screwed.

    Here's a different example:

    http://www.imore.com/google-de...

    To quote the article:

    With these lawsuits, Google is doing what Google feel they have to do. Just like Apple's doing with their lawsuits. That's fine. Any company sufficiently large is indistinguishable from evil. Just be candid with your users about it. Tell them you're going thermonuclear. Don't hold up a dove and play a hippie jingle, all the while lighting up the napalm.

    Google is just like any other large tech company; they're playing the patent game.

  66. appeal by Anonymous Coward · · Score: 0

    Apple will appeal and they will win

  67. Not to worry, Apple Lawyers... by forbin_meet_hal · · Score: 1

    ...you won't pay *half* that.

  68. "Huge" by Anonymous Coward · · Score: 0

    $826.4 million huge compared to my bank account. For Apple is is less then 0.5% of their cash on hand. Not value...actual cash on hand. For a patent on an item as central as the CPU...petty cash it.

  69. Re:Love that this is modded troll by swillden · · Score: 1

    I did read the links. The first was an example of Google taking the offensive in a patent lawsuit

    How in the world is invalidating someone's patent an offensive use of patents? You can't get any more defensive than invalidating a patent that you think might be used against you... and you're doing the world a public service as well, because if the patent is invalidated it can't be used against anyone else, either.

    The second was Google using patents to stifle innovation and bring down smaller developers.

    Nonsense. It was about Google *applying* for a patent, not using a patent. Those are entirely different things. Obtaining lots of patents is perfectly consistent with Google's defensive stance. You can't defend with what you don't have. The fact that the author of the article called the filing "patent trolling" proves only that he doesn't know what trolling is.

    Your third exmple is a classic defensive patent use. Apple had already filed suit against Google over patents Apple alleged Google had infringed, so Google filed a countersuit alleging infringement of Google-owned patents. That's how you use patents defensively in court, by filing a countersuit. Another way to use them defensively is in posturing before you get to court, or with cross-licensing agreements.

    Google is just like any other large tech company; they're playing the patent game.

    If so, you're completely unable to provide any evidence of it, and it would be easy to find evidence if it were true.

    What you have proved is that there are bloggers who (a) don't know anything about how patents are created, used and defended and (b) really want to find evidence that Google isn't living up to its claims about only using patents defensively.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  70. Re:Love that this is modded troll by Plumpaquatsch · · Score: 1

    Actually, Page wasn't CEO at the time, though it was still Page and Brin that drove the no-patents decision.

    No patents, ehh? https://www.google.com/patents...

    --
    Of course news about a fake are Fake News.
  71. Re:Love that this is modded troll by CapS · · Score: 1

    I don't think you understand. Google is playing the patent game here. At the beginning they didn't have the patent portfolio, so instead they had to try to invalidate everyone else's patents--even aggressively, taking the offensive by suing first (as I showed in the first example). Now that they have the portfolio, they can push folks around. Google is just like any other public company, they are beholden to their shareholders and do what is in the best interest of making the most money and protecting their assets. Don't be fooled; there is no higher standard here. Google is even working to get back with increased presence in China, despite being against government censorship. The dollar amount is too large for Google to keep pretending like they live to a higher standard.

    And let's get back to the OP's quote that you had an issue with:

    I don't care if you're a Microsoft fanboi, an Apple fanboi, a Google fanboi, or a Samsung fanboi ... these patents and the lawsuits which stem from them more or less amount of a bunch of multi-billion dollar corporations carving up the industry and making sure nobody else can get into the game.

    The first two examples I gave I think are pretty illustrative of the issue here, and Google is a major player. Patent reform is second only perhaps to gun control and changes to copyright law that need to happen in the US, and given the lack of movement all of these cases I'm not very confident it will happen, unfortunately.

  72. Re:Love that this is modded troll by Plumpaquatsch · · Score: 1

    This is not a troll, if anything it's flamebait.

    7 direct replies, and none of them a flame. Troll.

    --
    Of course news about a fake are Fake News.
  73. Re:Love that this is modded troll by swillden · · Score: 1

    At the beginning they didn't have the patent portfolio, so instead they had to try to invalidate everyone else's patents--even aggressively, taking the offensive by suing first (as I showed in the first example).

    Umm, what part of "suing to invalidate a patent is not offensive" do you not get?

    Now that they have the portfolio, they can push folks around.

    Then you should be able to show some evidence of them doing that. Why haven't you?

    The first two examples I gave I think are pretty illustrative of the issue here, and Google is a major player.

    Ummm, the first example was purely defensive, and you just said was because Google wasn't a major player (didn't have patents). The second example was merely Google filing for a patent, not actually doing anything to anyone... not filing a lawsuit, not even telling anyone about their patent application.

    I don't see how you don't get this.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  74. Re:Love that this is modded troll by swillden · · Score: 1

    Actually, Page wasn't CEO at the time, though it was still Page and Brin that drove the no-patents decision.

    No patents, ehh? https://www.google.com/patents...

    Are you being intentionally obtuse? A handful of patent filings don't constitute a corporate patent strategy.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  75. Re:Love that this is modded troll by Plumpaquatsch · · Score: 1

    Actually, Page wasn't CEO at the time, though it was still Page and Brin that drove the no-patents decision.

    No patents, ehh? https://www.google.com/patents...

    Are you being intentionally obtuse? A handful of patent filings don't constitute a corporate patent strategy.

    Yeah, just like being sort of evil doesn't mean you are actually evil. Or like being a little pregnant.

    --
    Of course news about a fake are Fake News.
  76. Re:Love that this is modded troll by CapS · · Score: 1

    I think we're just going to have to agree to disagree. Google sued the other party first, which is an extremely offensive move and again is a specific example that goes against your original statement. Suing to invalidate a patent can be offensive, and this case shows this. Google has shown many times (Java, Android, server technologies, and more) that it does not respect patents or intellectual property. While we may agree that patent reform needs to happen--it hasn't happened yet. The end result is if you have a small technology company and Google uses your patented technology without paying you, you don't even think about trying to contact them, they will put you out of business with a team of lawyers.

    And now they're working both sides of the game: they're using their own patent portfolio to sue other companies *and* they're not respecting other people's patents at the same time.