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Apple Sued Over iPhones Making Calls, Sending Email (fortune.com)

An anonymous reader quotes a report from Fortune: A company that seemingly does nothing but license patents or, if necessary, sue other companies to get royalties, has taken aim at Apple. But here's the kicker: the lawsuit alleges that Apple's last several iPhones and iPads violate a slew of patents related to seemingly standard features, including the ability to place calls as well as sending and receiving emails. A total of six patent infringement claims were brought against Apple by Corydoras Technologies on May 20, according to Apple-tracking site Patently Apple, which obtained a copy of the lawsuit. According to Patently Apple, the counts against Apple cover every iPhone dating back to the iPhone 4 and every iPad dating back to the iPad 2. In addition to taking issue with Apple's devices placing calls, the lawsuits also allege that the tech giant violates patents Corydoras holds related to video calling, which is similar to Apple's FaceTime, as well as displaying a person's geographic location through a feature like Find My iPhone and the ability to block unwanted calls. Last year, Apple was ordered to pay $533 million to Smartflash LLC for allegedly violating three patents related to copy protection.

134 comments

  1. wait, wut? by Anonymous Coward · · Score: 4, Funny

    an iphone can make calls? no fucking way! i don't think i've ever seen my sister or her kid make a call on theirs.

    1. Re:wait, wut? by saloomy · · Score: 5, Insightful

      I know, this is stupid. Making calls? Making video calls? Ever see 2001: A space odyssey? Im sure there are older examples of video calling. Isn't that prior art? What the fuck?

      These patents needs to be invalidated, patents should last for a decade at the most. If you can't make money on the idea in a decade, and gain enough marketshare to fund further R&D, get out of capitalism.
      But seriously, why are these trivial patents getting through our system with so much prior art and established methods already common knowledge. No Corydoras Technologies, you did not invent the video phone, nor did you tell Apple how its done. /rant

    2. Re:wait, wut? by Darinbob · · Score: 1

      It's common sense presumably. Except that the judges and juries in East Texas havent seen that movie yet.

    3. Re:wait, wut? by Anonymous Coward · · Score: 0

      That doesn't mean that the movie doesn't exist.

    4. Re:wait, wut? by Applehu+Akbar · · Score: 1

      an iphone can make calls? no fucking way! i don't think i've ever seen my sister or her kid make a call on theirs.

      Have them switch away from AT&T

    5. Re:wait, wut? by Paradise+Pete · · Score: 1

      Someone having a general idea does not constitute prior art. By that measure almost nothing would be patentable. (I'm not saying that would necessarily be a bad thing.)

    6. Re:wait, wut? by fahrbot-bot · · Score: 4, Funny

      It's common sense presumably. Except that the judges and juries in East Texas haven't seen that movie yet.

      Whew. That was close. You used the phrase "common sense" and the word Texas in two different sentences.

      --
      It must have been something you assimilated. . . .
    7. Re:wait, wut? by neilo_1701D · · Score: 2

      I know, this is stupid. Making calls? Making video calls? Ever see 2001: A space odyssey? Im sure there are older examples of video calling. Isn't that prior art?

      Try Dick Tracey. Look at his fancy wristwatch that he could make video calls with - back in the '30's!

    8. Re:wait, wut? by Anonymous Coward · · Score: 0

      Prior art no longer matters. It is first to file. That said, I doubt the douchey lawyers filed first but it is up to the multi-million dollar lawyers now... that is all that matters.

    9. Re:wait, wut? by Anonymous Coward · · Score: 0

      > I know, this is stupid. Making calls? Making video calls? Ever see 2001: A space odyssey? Im sure there are older examples of video calling.

      Dick Tracy, but maybe they'd only say that was good for the Apple Watch.

    10. Re:wait, wut? by Calydor · · Score: 1

      I'm not sure that prior art really covers "This one sci-fi movie did it".

      Being able to look at people you're talking to in real time at a distance is a common sense fantasy; it is quite another thing to figure out how to do it.

      We have sci-fi that allows instantaneous cross-galaxy communication through various handwavings; if someone actually figures out how to DO it should that not be patentable because movies did it first?

      That said, patenting how to make phones place phone calls seems a little ... weird.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    11. Re:wait, wut? by serviscope_minor · · Score: 2

      I know, this is stupid. Making calls? Making video calls? Ever see 2001: A space odyssey? Im sure there are older examples of video calling. Isn't that prior art? What the fuck?

      I have something new for you!

      http://archive.ncsa.illinois.e...

      Video calls are there. It also skewers facebook, twitter, etc all the way from 1909. The guy had a real read on human nature. I have not yet found anything else of his which is nearly so good however.

      --
      SJW n. One who posts facts.
    12. Re:wait, wut? by serviscope_minor · · Score: 2

      Already posted elsewhere. I'm guessing you've not read "the machine stops", which had them in 1909. It's really REALLY worth a read, and it's not long. Also, out of copyright:

      http://archive.ncsa.illinois.e...

      --
      SJW n. One who posts facts.
    13. Re:wait, wut? by ArsenneLupin · · Score: 3, Insightful

      Someone having a general idea does not constitute prior art.

      No problem with that. But then someone needs to explain those stupid judges that actually implementing something (using your own method) does not constitute infringement of somebody's general idea described in a patent.

    14. Re:wait, wut? by ArsenneLupin · · Score: 2

      Being able to look at people you're talking to in real time at a distance is a common sense fantasy; it is quite another thing to figure out how to do it.

      If the "how to do it" is important, then please explain why it is infringement if somebody figures out his own way of how to do it. You can't have it both ways. Typically those bogus patents don't event contain a description of the how to do part...

    15. Re:wait, wut? by Anonymous Coward · · Score: 0

      > You used the phrase "common sense" and the word Texas in two different sentences.

      You are doing it wrong.

    16. Re:wait, wut? by Opportunist · · Score: 1

      So aside of "on a computer" and "on the internet" we need yet another set of laws for "on a watch"?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    17. Re:wait, wut? by DarkTrancer · · Score: 1

      irony noun: irony the expression of one's meaning by using language that normally signifies the opposite, typically for humorous or emphatic effect. See "Rounded Corner Patents"

    18. Re:wait, wut? by macs4all · · Score: 1

      I know, this is stupid. Making calls? Making video calls? Ever see 2001: A space odyssey? Im sure there are older examples of video calling. Isn't that prior art? What the fuck?

      Forget 2001. That didn't come out until 1969. "The Jetsons" cartoon featured video calling ALL the time, and that predated 2001 (at least the movie) by at least half a decade.

      Not only that, but when I was a kid back in the 1960s, our local museum had a WORKING videophone exhibit by Bell Labs/Western Electric!!!

    19. Re:wait, wut? by macs4all · · Score: 1

      Someone having a general idea does not constitute prior art. By that measure almost nothing would be patentable. (I'm not saying that would necessarily be a bad thing.)

      Doesn't that fall afoul of the "non-obvious" restriction? If something has already been "postulated" in popular culture, e.g. Dick Tracy's Watch, The Jetson's, well EVERYTHING (seriously!), etc, then how is a physical embodiment of that well-known idea then "non-obvious"?

    20. Re:wait, wut? by Hallow · · Score: 1

      How about 1927's Metropolis - http://www.openculture.com/201...

    21. Re:wait, wut? by Anonymous Coward · · Score: 0

      Personally, I wish Apple would hire a mercenary squad and take out the owners of patent troll companies. They are a drain on society.

    22. Re:wait, wut? by Anonymous Coward · · Score: 0

      There are 6 patents involved. Here is the abstract from each one. Note the use of "digital mirror" in all of them. The earlier patents reference previous patents on PDAs.

      --

      United States Patent 7,778,664
      Fujisaki August 17, 2010
      Communication device
      Abstract
      A communication device, such as a mobile phone, which implements a voice communication mode, a digital mirror mode, a video phone mode, and a call blocking mode.
      Inventors: Fujisaki; Iwao (Tokyo, JP)
      Family ID: 37110651
      Appl. No.: 11/551,646
      Filed: October 20, 2006

      --

      United States Patent 7,945,236
      Fujisaki May 17, 2011
      Communication device
      Abstract
      A communication device, such as a mobile phone, which implements a voice communication mode, a digital mirror mode, and a GPS mode, wherein the image retrieved from the camera is displayed in an inverted manner when the digital mirror mode is implemented, and the current geographic location of the communication device is indicated on the display when the GPS mode is implemented.
      Inventors: Fujisaki; Iwao (Tokyo, JP)
      Family ID: 37110651
      Appl. No.: 12/757,980
      Filed: April 10, 2010

      --

      United States Patent 7,945,287
      Fujisaki May 17, 2011
      Communication device
      Abstract
      A communication device, such as a mobile phone, which implements a voice communication mode, a digital mirror mode, and a sound caller ID mode, wherein the image retrieved from the camera is displayed in an inverted manner when the digital mirror mode is implemented, and upon receiving a phone call, a specific sound corresponding to the caller of the phone call is output from the communication device when the sound caller ID mode is implemented.
      Inventors: Fujisaki; Iwao (Tokyo, JP)
      Family ID: 37110651
      Appl. No.: 12/757,979
      Filed: April 10, 2010

      --

      United States Patent 7,996,037
      Fujisaki August 9, 2011
      Communication device
      Abstract
      A communication device, such as a mobile phone, which implements a voice communication mode, a digital mirror mode, and a voice dialing mode, wherein the image retrieved from the camera is displayed in an inverted manner when the digital mirror mode is implemented, and a dialing process is performed by utilizing an audio data retrieved via the microphone when the voice dialing mode is implemented.
      Inventors: Fujisaki; Iwao (Tokyo, JP)
      Family ID: 37110651
      Appl. No.: 12/757,974
      Filed: April 10, 2010

      --

      United States Patent 8,024,009
      Fujisaki September 20, 2011
      Communication device
      Abstract
      A communication device, such as a mobile phone, which implements a voice communication mode, a digital mirror mode, and an answer rejecting mode, wherein the image retrieved from the camera is displayed in an inverted manner when the digital mirror mode is implemented, and answering to a phone call addressed to the communication device is rejected when the answer rejecting mode is implemented.
      Inventors: Fujisaki; Iwao (Tokyo, JP)
      Family ID: 37110651
      Appl. No.: 12/757,975
      Filed: April 10, 2010

      --

      United States Patent 8,731,540
      Fujisaki May 20, 2014
      Communication device
      Abstract
      The communication device comprising a multiple function implementer, wherein the multiple function implementer implements a voice communication function, a digital mirror function, a non-digital mirror function, and an email function.
      Inventors: Fujisaki; Iwao (Tokyo, JP)
      Applicant:
      Name City State Country Type
      Fujisaki; Iwao Tokyo JP
      Family ID: 37110651
      Appl. No.: 13/234,163
      Filed: September 16, 2011

    23. Re: wait, wut? by Anonymous Coward · · Score: 0

      And some of us would prefer a mercenary squad taking out the entire executive level staff of Apple.

    24. Re: wait, wut? by Anonymous Coward · · Score: 0

      So in other words, FaceTime on the iPhone 3GS (implemented before the patent was filed) is indeed prior art for the infringing identical FaceTime app on the iPhone 4 (implementation copied from the iPhone 3GS after the patent was filed)

      By this logic I can patent the wheel and all car companies owe me royalties from my filing date forwards, despite their wheels not changing design between that year and the hundred years prior.

    25. Re:wait, wut? by operagost · · Score: 1

      Actually, his watch was still a radio in the 1930s, but I do believe it was a TV by the 1960s.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    26. Re:wait, wut? by Anonymous Coward · · Score: 0

      No. First-to-file doesn't get rid of prior art. It just (in theory) gets rid of the back and forth of who came up with the invention first when two different parties attempt to patent the same thing.

      In reality, unfortunately, it doesn't even do that, because both patents are filed, processed, accepted, and presumed valid, eventually leading to victims being sued for violating two different patents over the exact same technology. It's not even a new thing limited to first-to-file, though. Take a look at the history of patents on LZW compression. The exact same algorithm (pure math, which isn't even a patentable subject area) had two different patents filed on it, and both were considered valid and upheld by courts, even though one was filed *years* after the other.

    27. Re:wait, wut? by clodney · · Score: 1

      Someone having a general idea does not constitute prior art. By that measure almost nothing would be patentable. (I'm not saying that would necessarily be a bad thing.)

      Doesn't that fall afoul of the "non-obvious" restriction? If something has already been "postulated" in popular culture, e.g. Dick Tracy's Watch, The Jetson's, well EVERYTHING (seriously!), etc, then how is a physical embodiment of that well-known idea then "non-obvious"?

      So by that logic warp drive is not patentable because having seen it fictionalized in a movie the actual working implementation is now obvious?

      How about you work on warp drive, and I will take light sabers. First one with a working inventions gets to build sharks with frickin laser beams.

    28. Re:wait, wut? by macs4all · · Score: 1

      How about you work on warp drive, and I will take light sabers. First one with a working inventions gets to build sharks with frickin laser beams.

      Right!

      You get to work on a simple columnated plasma beam while I have to break (or at least find a workaround) for the Speed Limit Of The Universe!

      Sounds fair to me, LOL!

    29. Re:wait, wut? by crgrace · · Score: 4, Informative

      "Warp Drive" as a concept should not be patentable. If it were, then someone could claim a patent on all faster-than-light travel.

      What *is* patentable is a specific implementation of the warp drive concept. Someone else could build a warp drive in a different way, but they couldn't copy your design.

      That's the main idea behind patents, although it is partially corrupted now.

    30. Re:wait, wut? by david_thornley · · Score: 1

      Theoretically, ideas can't be patented, but actual machines and processes can be. Hence, the requirement (not always enforced) that the description in a patent contain enough information to allow other people to implement what it purports to do. If you could have cut out Dick Tracy comics and sent them in with twenty-five cents to receive working plans for a two-way wrist radio, they would be patentable, and obvious derivations of them would not be.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  2. Trivial patents by NotInHere · · Score: 2

    They should be abolished. Patent trolls aren't the problem, if patent trolls get banned they will buy fake businesses and sell ten manually made phones for 6k$ each.

    1. Re:Trivial patents by Anonymous Coward · · Score: 0

      Patent trolls aren't the problem, lawyers are the problem.

      "The first thing we do, let's kill all the lawyers. " -- Henry IV part 2.

    2. Re:Trivial patents by Anonymous Coward · · Score: 0

      Mild case of lysdixae?
      You wrote Henry 4th, when it should be 6th

    3. Re:Trivial patents by hey! · · Score: 2

      You know they used to have this thing back in Shakespeare's day called "irony", where the audience was supposed to understand a character's words in way that was different than the character intended them to be understood.

      People stopped using "irony" because it was stupid; it makes stuff too hard to understand.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    4. Re:Trivial patents by fahrbot-bot · · Score: 2

      You know they used to have this thing back in Shakespeare's day called "irony", where the audience was supposed to understand a character's words in way that was different than the character intended them to be understood.

      People stopped using "irony" because it was stupid; it makes stuff too hard to understand.

      It all started when Alanis Morissette made people think it had to do with rain on your wedding day... (sigh)

      --
      It must have been something you assimilated. . . .
    5. Re: Trivial patents by Anonymous Coward · · Score: 0

      Too continue the pedantic fun. Technically what you describe is Dramatic Irony. This is different than your typical irony. A certain 103 year old nun would be very unhappy if I didn't correct you. I know this for a fact since I spoke with her less than a month ago.

    6. Re:Trivial patents by Anonymous Coward · · Score: 0

      That usage of situational irony has been perfectly cromulent since 1640. Get over it, Highlander.

    7. Re:Trivial patents by germansausage · · Score: 2

      The best word for Rain on your wedding day is "unfortunate", not "ironic".

    8. Re:Trivial patents by Anonymous Coward · · Score: 0

      Pro tip: Patent trolls == lawyers.

    9. Re: Trivial patents by Anonymous Coward · · Score: 0

      Not if you're marrying a porpoise.

    10. Re:Trivial patents by TangoMargarine · · Score: 1

      We're just using irony ironically. The best way to deflate a sarcast is to take their sarcasm literally and show how it works that way.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    11. Re:Trivial patents by Maritz · · Score: 1

      People stopped using "irony" because it was stupid; it makes stuff too hard to understand.

      I see a lot of irony. Most of the time it's funny and understanding it is effortless/automatic. Is it a cultural thing?

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    12. Re:Trivial patents by Maritz · · Score: 1

      Yeah. Rain on your wedding day is ironic if you're a meteorologist. Other than that... nah.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    13. Re:Trivial patents by Maritz · · Score: 1

      Most of the time, taking someone's sarcasm literally is just a way of making yourself look hopelessly naive.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    14. Re:Trivial patents by TangoMargarine · · Score: 0

      Not *taking* it literally, *proving* it works literally.

      Sarcasm depends on the assumption that the underlying premise is false. If you disprove that assumption, it no longer works as sarcasm.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  3. Has anybody... by johnsmithperson123 · · Score: 1

    Patented the idea of patenting the invention of "patent trolling" yet?

    1. Re:Has anybody... by Anonymous Coward · · Score: 0

      Both IBM and Halliburton have at least applied for such patents.

    2. Re:Has anybody... by swb · · Score: 1

      You jest, I know, but it does make you wonder why nobody came up with a business process patent for running an IP trolling firm.

      Maybe there's not enough patentable there, but since when has that stopped anyone?

    3. Re:Has anybody... by TangoMargarine · · Score: 1

      There was a Slashdot article a few years back about some company applying for a patent on a method to find patentable ideas and apply for patents on them, actually.

      Ah, here it is: https://yro.slashdot.org/story...

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  4. Good by phantomfive · · Score: 4, Insightful

    The more stupid patent lawsuits we have, the more likely we will see patent reform.

    Right now, none of the big guys want patent reform, because it helps them keep down competitors, and some of them make a good chunk of money from it. If we want to see patent reform, then they're going to have to start hurting. Bring on the patent trolls, I say!

    --
    "First they came for the slanderers and i said nothing."
    1. Re:Good by Dunbal · · Score: 4, Insightful

      The more stupid lawsuits we have, the more stupid lawsuits we'll have. Why would the lawyers stop the gravy train just when it's getting going?

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Good by peragrin · · Score: 1

      well there are two sets of lawyers. offensive and defensive. The defensive ones only make money if the company is profitable. and stupid patents lawsuits are expensive.

      Now they are both offensive to normal people, but defensive lawyers will get sick and tired of the BS from the offensive lawyers and change the laws so they have to do less work.

      remember a lawyer for a company earns several million a year sitting on their ass. why get off of it and do work when you can get paid to do nothing?

      --
      i thought once I was found, but it was only a dream.
    3. Re:Good by Dunbal · · Score: 2

      The defensive ones only make money if the company is profitable.

      [citation needed]

      I see you haven't had many dealings with lawyers.

      --
      Seven puppies were harmed during the making of this post.
    4. Re: Good by Anonymous Coward · · Score: 0

      Dunbal stop running away, you bet a million dollars and you lost in a earlier thread, now it's time to pay up.

    5. Re:Good by rtb61 · · Score: 2

      One teeny tiny problem with the idea of patent law reform bound to patent abuses, lawyers. Lawyers make the most money with patents, filing them and attacking with them and defending from them and oh wait, the fuckers write those laws that make them a shit bucket ton of money, filing them and attacking with them and defending from them. Seems like we have to change the way laws are written first and how they are 'interpreted' in the courts and to prevent abuses by the legal system that it drives on purpose in order to profit.

      --
      Chaos - everything, everywhere, everywhen
    6. Re:Good by phorm · · Score: 1

      Lawyers can only work within the (broken) law. If big entities like Apple start feeling pain from shit like this, then they'll probably lobby for at least some patent reform.

    7. Re: Good by Anonymous Coward · · Score: 0

      [citation needed]

    8. Re:Good by bill_mcgonigle · · Score: 1

      we have to change the way laws are written first

      That's so impossible (under the current system) so as to be an impossible hurdle to change Some would say an excuse for inaction.

      As difficult as it may be, a single Constitutional Amendment (in the US) can remove IP creation as a Federal power. If Oklahoma wants to keep up this craziness, let the vendors decide whether they want to sell their phones and tablets there.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  5. Absurd! by cob666 · · Score: 1

    This is getting ridiculous, what else would a phone do but make actual phone calls. The methodology Apple uses in the iPhone to make a phone call can't be THAT much different than every other phone manufacturer that they should be singled out for violating some insanely broad patent. Apple should use some of that cash it has stockpiled and stomp the trolls into the ground.

    --
    Do what thou wilt shall be the whole of the Law - Aleister Crowley
    1. Re:Absurd! by 110010001000 · · Score: 1

      Thats what I was thinking. A phone sending emails? What is this, Dick Tracy?

    2. Re:Absurd! by Darinbob · · Score: 1

      Possibly somebody had an idea for a "PDA that also makes phone calls", probably never without a single working implementation or even a description that would allow one to make a working implementation, and probably it was written down before the technology to even make this practical work existed. None of which should be allowed as an enforceable patent.

      Otherwise I could just file a patent for a time machine. Now no one can create a time machine in the next twenty years without my permission. I don't even have to understand the physics about time travel or why it is or isn't feasible. (of course if such a machine were to be created and I exerted my patent powers then the inventor would just head off and build it somewhere else, go back in time, and shoot my computer before I could press the enter key).

    3. Re:Absurd! by Paradise+Pete · · Score: 1

      Apple should use some of that cash it has stockpiled and stomp the trolls into the ground.

      They do. But it's like that whack-a-mole game, and sometimes the mole wins.

    4. Re:Absurd! by fahrbot-bot · · Score: 3, Insightful

      Otherwise I could just file a patent for a time machine. Now no one can create a time machine in the next twenty years without my permission.

      They'll just travel back in time and either (a) create prior art and/or (b) file a patent before you - the results will likely be paradoxical.

      --
      It must have been something you assimilated. . . .
    5. Re:Absurd! by russotto · · Score: 1

      Apple should use some of that cash it has stockpiled and stomp the trolls into the ground.

      A wonderful idea but alas would likely get some people imprisoned. Maybe there's an Apple exec with a terminal disease who might "go rogue"?

    6. Re:Absurd! by JaredOfEuropa · · Score: 1

      Never mind the working models, patent law already excludes simple ideas that are "obvious to someone skilled in the art". You have a small portable device / computer + a radio = a PDA that can make calls. The idea is obvious even to laymen, and has appeared in speculative fiction long before this patent was filed.

      I'd be in favour of a tiered patent system. Cute ideas like XOR mouse cursors, one click shopping buttons, rounded corners or making calls on a PDA get you a tier 1 patent, meaning you don't get a monopoly, you get a head start on the competition with a patent that is valid for perhaps 3 years. Do the research and come up with genuinely new things like medicine or new hard disk technology, and bring a working model, then you can apply for a higher tier patent that grants you a longer monopoly. The higher the tier, the stronger the challenge and the closer the scrutiny (and the price goes up). I also like the idea someone suggested, of making patent applications free... if it gets accepted. But if it is rejected, you pay.

      But we'd already improve things a lot if we just start applying existing patent law and test for prior art and obviousness.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    7. Re:Absurd! by JaredOfEuropa · · Score: 1

      I already posted a comment, else I'd mod you up just for spelling "rogue" correctly.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    8. Re:Absurd! by Jason+Levine · · Score: 1

      I also like the idea someone suggested, of making patent applications free... if it gets accepted. But if it is rejected, you pay.

      This is an interesting idea. One of the big issues with the patent system today is that the patent office approves too many patents figuring that the courts will sort it out. The courts, in turn, assume that the patent office did their job and that an approved patent should be taken as valid unless proven otherwise. This would actually give the patent office a financial incentive to reject patents which might counteract the laziness incentive to just rubber-stamp them.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    9. Re:Absurd! by ausekilis · · Score: 1

      I'm picturing two new people stupidly excited about the grand opening of the patent office. The ribbon is cut (assuming anyone else gave a damn) and then it's a foot race to get their idea stamped.

      Then the patent official is confused because they have no idea what a "flux capacitor" is, or how any vehicle can reach 88 mph.

    10. Re:Absurd! by Darinbob · · Score: 1

      Patent law excludes such patents, but they have no practical way anymore to enforce it. The patent office is overwhelmed by applications, not by legitimate applications but the modern shotgun approach to patenting anything and everything possible. Thus patents are not reviewed unless and until there is a lawsuit over the patents. And at that point the lawyers control the process and not engineers or scientists or experts in the field.

      Corporations do this as a defensive measure. Every tech company dealing with hardware I've been too has a patent wall somewhere, where bronze plaques of bogus patents are displayed (ok, to be fair, one patent of moderate mportance and 20+ patents for trivial things). Big corporations cross license all patents and agree not to sue each other while blocking out the smaller companies. Employees are encouraged everywhere to contribute to patents, even software patents. They're told how to do this, how to turn the trivial idea or the existing idea into a patentable concept. Ie, take an existing idea in field A and apply it in field B, which means you can take a concept common in computers and use it in an embedded system and file a patent on that (seriously, a competitor once patented software upgrades in the field).

      So the process basically starts as a filing first and often, threatening everyone else, suing when necessary, and hope that 10 years later a judge doesn't look to close at it. The only patent I applied for in graduate school, novel and not obvious, was rejected by the university as not worth the time and effort to defend should it be challenged (ie, wouldn't make them money), but over time the situation has changed and you've got armies of patent lawyers and trolls willing to do this.

    11. Re:Absurd! by bruce_the_loon · · Score: 1

      Then they get back to their futures and find everyone is making time machines based on their patents which expired in 1804 after the single 14 year term.

      I wouldn't want to figure out the exact date and time to file to be able to block an alternate invention while having enough time left on my patent to commercialize it.

      --
      Trying to become famous by taking photos. Visit my homepage please.
  6. I don't know how it would work.... by wjcofkc · · Score: 1

    But we need a law that prevents this bullshit with very stiff penalties for these extortion trolls.

    Can any slashdoters propose how such legislation would work? Something that prevents this bullshit from getting anywhere near a court of law? Perhaps some sort pre-lawsuit bullshit court that prevents it from getting anywhere at all?

    --
    Brought to you by Carl's Junior.
    1. Re:I don't know how it would work.... by Anonymous Coward · · Score: 0

      Yeah. It's called Patent Abolishment. There is currently Zero evidence that patents are beneficial for society or the arts. The only reason US has a patent and copyright system is because Brittan had one. Neither the fashion or automotive industries have copyright or design patents, and they are both far more lucrative than any of the industries which are allowed such "Intellectual Property" restrictions. Some argue that without patents and copyrights we wouldn't have innovation, but those people are idiots because the fashion and automotive industries are continually innovating.

      We have evidence that patents and copyrights stifle competition and are a tax on innovation. We have zero evidence patents and copyrights are beneficial. We have evidence that patents and copyright are not necessary for industries to be highly lucrative. What if patents and copyright are not beneficial. What if "Intellectual property" laws are actually very harmful and are holding us back? Don't you think it's time to do the experiment and abolish patents and copyrights? It's not like we can't reinstate whatever shitty laws we want after we have some hard evidence one way or the other.

      How moronic is it to operate the entire world's economy of ideas on an untested and unproven hypothesis that "restrictive intellectual property legislation is good"? Shame on scientists and engineers who support Intellectual Property: They are a disservice to Science since they have shunned the Scientific Method and refuse to rationally test their assumptions about copyright and patent law.

      TL;DR: It's simple, we kill the patent law.

    2. Re:I don't know how it would work.... by Darinbob · · Score: 4, Interesting

      Remember though that in the past you had to actually show a model of your invention, and have a patent inspector pass on it. Meaning that you had done some non-trivial amount of work first, you had the idea and also the means to demonstrate the idea, and now needed time to get manufacturing up and running. Today the patent inspectors just rubber stamp everything, no one needs a working model, or even a non-working model. That's what's broken.

      The limited time for exclusive access was very useful in the past. That is, if you think that supporting the little guy versus the large conglomerate is useful for society. The actual purpose of patents originally was not to lock everything out from everyone else, instead the purpose was to make the patent free and open once the time period expired. Before patents inventions were kept locked up and controlled, guilds were formed to protect the secrets, and so forth.

      The patent term was long enough to get up and running and get into a competitive position before the rest of the world started making copies (but long enough to be more lucrative than hoarding the invention). Twenty years was also a very short period in the past, it just seems extremely long today because people are rushing new crap out as fast as they can and planned obsolescence is the status quo.

    3. Re:I don't know how it would work.... by Anonymous Coward · · Score: 1

      But we need a law that prevents this bullshit with very stiff penalties for these extortion trolls.

      Can any slashdoters propose how such legislation would work? Something that prevents this bullshit from getting anywhere near a court of law? Perhaps some sort pre-lawsuit bullshit court that prevents it from getting anywhere at all?

      How about these 3 changes to patent law:

      1. Patents are non-transferable. In other words, they are not bookable assets.
      2. Companies can file. This is necessary for the previous point to be practical.
      3. Defenese must be for unique activity of the patent holder. (no activity = no defense) This is the punchline.

      This way patents their current role in say, the drug industry, while preventing all current trolling activities.

    4. Re:I don't know how it would work.... by Anonymous Coward · · Score: 0

      That's not the problem. This is the courts job: to judge the merit of the case.

      The problem is that American courts and the associated industry have become so expensive that it is no longer a trivial matter to go to court and have a judge tell these guys to piss up a rope.

      Equality under the law can't exist if most people are financially ruined by the mere initiation of litigation, before a judgement is even reached.

    5. Re:I don't know how it would work.... by hey! · · Score: 2

      I guess theoretically we could crack down on them with the laws we have now. First you'd have to start by granting fewer BS patents, which means hiring more and better patent examiners. Then you'd have to go after people who falsify stuff, including skipping over obvious cases of prior art.

      The reason this remains a problem is that we don't have enough interest in using the laws we already have, much less making any new ones. Until we start electing people who want to do something about this we all have to live in a world where there are BS legal impediments to creating and bringing new products to market. It doesn't matter when it's a company like Apple, which has the resources to defend itself; the chilling effect is much greater on smaller companies. Which is why it politically is allowed to continue existing.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    6. Re:I don't know how it would work.... by Paradise+Pete · · Score: 1

      Neither the fashion or automotive industries have copyright or design patents

      That's why the fashion industry started plastering their name on everything, to be able to claim trademark infringement. Now it's ubiquitous and everyone is a walking billboard.

    7. Re:I don't know how it would work.... by russotto · · Score: 2

      That's not the problem. This is the courts job: to judge the merit of the case.

      The courts defer to the patent office. The patent office uses a rubber stamp and expects the courts to sort it out.

    8. Re:I don't know how it would work.... by Anonymous Coward · · Score: 0

      > Remember though that in the past you had to actually show a model of your invention, and have a patent inspector pass on it.

      This was never the case. A diagram or clear written description was quite sufficient. Models *help*, but no patent office in the world requires working models.

    9. Re:I don't know how it would work.... by shilly · · Score: 1

      Why state things so definitively when they are so easily disproved? The auto industry makes extensive use of design patents and does indeed use copyright too, from time to time. Why would you think it doesn't?

    10. Re:I don't know how it would work.... by Anonymous Coward · · Score: 0

      Actually, it was the case, for 80 or 90 years (depending on how you measure it).

      In the US, patent models were required from 1790 to 1880. The United States Congress abolished the legal requirement for them in 1870, but the USPTO kept the requirement until 1880.

      The models didn't just show the patent office that your invention actually *worked* (or could work), it also showed the examiners *exactly* what you had invented, and prevented the unbelievably expansive patents we have today that essentially boil down to 'any process or method using any mechanism that produce a result from set x, or anything vaguely similar to any result described therein'.

    11. Re:I don't know how it would work.... by Theaetetus · · Score: 1

      Remember though that in the past you had to actually show a model of your invention, and have a patent inspector pass on it. Meaning that you had done some non-trivial amount of work first, you had the idea and also the means to demonstrate the idea, and now needed time to get manufacturing up and running.

      Prototyping is easy in software, and wouldn't do jack shiat to stop patent trolling. Removing the requirement of providing a model helps small inventors in fields that require huge capital investment, like pharmaceuticals or large machines. It wouldn't do anything here.

      Today the patent inspectors just rubber stamp everything, no one needs a working model, or even a non-working model. That's what's broken.

      95% of patent applications are initially rejected, so that rubber stamp apparently says "denied".

    12. Re:I don't know how it would work.... by Maritz · · Score: 1

      It enables people who have lots of resources aquire and keep more. That's what laws are for.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
  7. Finally!! Apple only qualified to make um... by zenlessyank · · Score: 1

    patent trolls?

  8. actual claims by Anonymous Coward · · Score: 0

    I see no patents on e-mail or calls here.

    All the patents (ok I only checked the first four) are about the front camera aka "Selfie mode", and more specifically about mirroring the image from the front camera so it looks like how you're used to seeing yourself. Also the ability to turn mirroring on/off based on a user option or when switching between front and back camera.

    These things might have been novel and patentable back in 2001, the priority date for most of these patents.

    Then the patents claim all kinds of combinations of that feature with other usual smartphone things, but only as combinations with that feature.

    So it isn't one of those "How did the patent examiner miss the massive amounts of prior art?" cases.

    1. Re:actual claims by Ol+Olsoc · · Score: 1

      I see no patents on e-mail or calls here.

      All the patents (ok I only checked the first four) are about the front camera aka "Selfie mode", and more specifically about mirroring the image from the front camera so it looks like how you're used to seeing yourself. Also the ability to turn mirroring on/off based on a user option or when switching between front and back camera.

      These things might have been novel and patentable back in 2001, the priority date for most of these patents.

      As novel and patentable as scratching one's nuts. Image reversal was performed in the 80's commercially

      Then the patents claim all kinds of combinations of that feature with other usual smartphone things, but only as combinations with that feature.

      So it isn't one of those "How did the patent examiner miss the massive amounts of prior art?" cases.

      Sloth, stupidity. No knowledge of computers. What we need is a last gasp of this crap, with companies who are sued for ridiculous mundane stuff like this to sue the patent office for frivolous and bad patents. Though I dunno if you can sue the USPO

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    2. Re:actual claims by AK+Marc · · Score: 1

      Then the patents claim all kinds of combinations of that feature with other usual smartphone things, but only as combinations with that feature.

      So they were obvious (but theoretically novel) combinations of features. Still obvious. Looks like someone saw the obvious direction of the industry, and patented it.

    3. Re:actual claims by stealth_finger · · Score: 2

      Sloth, stupidity. No knowledge of computers. What we need is a last gasp of this crap, with companies who are sued for ridiculous mundane stuff like this to sue the patent office for frivolous and bad patents. Though I dunno if you can sue the USPO

      Can you file a patent for issuing patents? Would the uspo have thought to do that? Get that, then sue them for patent infringement on issuing patents in the most frivolous case ever.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    4. Re:actual claims by Ol+Olsoc · · Score: 1

      Sloth, stupidity. No knowledge of computers. What we need is a last gasp of this crap, with companies who are sued for ridiculous mundane stuff like this to sue the patent office for frivolous and bad patents. Though I dunno if you can sue the USPO

      Can you file a patent for issuing patents? Would the uspo have thought to do that? Get that, then sue them for patent infringement on issuing patents in the most frivolous case ever.

      I like the way you think!

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    5. Re:actual claims by Anonymous Coward · · Score: 1

      Can you file a patent for issuing patents? Would the uspo have thought to do that? Get that, then sue them for patent infringement on issuing patents in the most frivolous case ever.

      There's far far too much prior art on issuing frivolous patents.

  9. Toss'em! [Re:I don't know how it would work....] by Tablizer · · Score: 3, Insightful

    I say outright get rid of software patents: the drawbacks outweigh the benefits. Most new software ideas are created in the act of making a specific product, not mass general research labs of the kind Edison used. This means that the ideas would be created anyhow even without the royalty incentives.

    And most don't bother to mine existing patents for new ideas because most are vague, obvious, or trivial junk, often filed for defensive or legal ammunition reasons.

    Thus, the two main reasons for patents: incentives and publicizing ideas, are mostly moot these days. For every good software patent, I bet there are at least 10 junk patents.

    Patents can join H-1B visas in the high abuse-to-legitimacy ratio: a game played by and for big biz to stay big at the expense of everybody else.

  10. Expo 67 - Canada - Eh by Anonymous Coward · · Score: 5, Informative

    In 1967 one of the ways Canada celebrated its centenary was to hold an exposition called Expo 67. I can remember being there as a kid and being entranced by something that looked like it was from the future. It had a keyboard, a telephone handset and a ~10" black and white screen. You could talk to and see the person on the other side of the hall who was sitting at a similar device. According to Bell Canada it was coming "real soon now".

    1. Re:Expo 67 - Canada - Eh by U2xhc2hkb3QgU3Vja3M · · Score: 4, Funny

      The only thing from Bell Canada that's "coming real soon now" is your next invoice.

    2. Re:Expo 67 - Canada - Eh by CanadianMacFan · · Score: 1

      And a price hike.

    3. Re: Expo 67 - Canada - Eh by Anonymous Coward · · Score: 0

      And service outages, eh.

    4. Re:Expo 67 - Canada - Eh by Anonymous Coward · · Score: 0

      Whew ! Thank God I'm a gay kike.

  11. Re:Already known that Apple steals by Ol+Olsoc · · Score: 1

    the ideas and implementation of others for its own use, and saying it is brand new "apple sauce".

    The same company has the same lawsuit aginst the good and righteous company Samsung.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  12. Like the Old Saying Goes . . . by Kunedog · · Score: 4, Funny

    Patent trolling is the motherfucker of invention.

  13. If I were Apple I would buy East Texas by Applehu+Akbar · · Score: 1, Informative

    And give it back to Mexico as a peace offering. Our legal system would then be free of a huge burden.

    1. Re:If I were Apple I would buy East Texas by DCFusor · · Score: 1

      Samsung may not be willing to sell it to Apple.
      Quick google, but examples abound: https://ipcloseup.wordpress.co...

      --
      Why guess when you can know? Measure!
    2. Re:If I were Apple I would buy East Texas by parodigm_shifter · · Score: 1

      Or they could just buy the patent trolls. It's all about money ... buy the trolls ... make the suit go away.

  14. Wait, what? by JustAnotherOldGuy · · Score: 1

    Wait....they're suing because a phone has the ability to make calls?

    Ummm, I don't wanna get all technical and shit, but that's basically what a phone does.

    What's next, suing Samsung and Toshiba because their televisions "show moving images"?

    --
    Just cruising through this digital world at 33 1/3 rpm...
    1. Re:Wait, what? by neilo_1701D · · Score: 1

      What's next, suing Samsung and Toshiba because their televisions "show moving images"?

      Watch it, buddy.

      I've a patent on the concept of pounding on buttons to make letters appear on a screen. I'm thinking of allowing people to licensing this concept so they can do things like communicate with computers; maybe at a trivial cost of a cent per character. I'll take that in advance, please.

    2. Re:Wait, what? by Anonymous Coward · · Score: 0

      I'd feel a lot sorrier for Apple if they hadn't sued other companies on equally ridiculous claims. Live by the patent, die by the patent. Is patenting making calls actually any worse than patenting a rounded rectangle?

    3. Re:Wait, what? by stealth_finger · · Score: 1

      Wait....they're suing because a phone has the ability to make calls?

      Ummm, I don't wanna get all technical and shit, but that's basically what a phone does.

      What's next, suing Samsung and Toshiba because their televisions "show moving images"?

      If these patents relate to making calls and sending emails and whatever else shouldn't they be suing samsung and all other phone makers too. You can make calls and send emails on the internet too, maybe they should sue that.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    4. Re:Wait, what? by cdrudge · · Score: 1

      shouldn't they be suing samsung and all other phone makers too.

      They want to start off slowly with a small, little known defendant that will set a precedent, then go after the bigger guys.

  15. Re:Already known that Apple steals by Anonymous Coward · · Score: 0

    And Lucky Goldstar.

  16. Bottom Feeders by Anonymous Coward · · Score: 4, Funny

    Anyone else notice the company is NAMED for a species of bottom-feeding catfish?

    1. Re:Bottom Feeders by donaldm · · Score: 2

      Anyone else notice the company is NAMED for a species of bottom-feeding catfish?

      Well colour me surprised here it is . Basically, Corydoras is a genus of freshwater in the armoured catfish family -- seems fairly appropriate for this companies name.

      In addition, Corydoras are generally found in smaller-sized streams, along the margins of larger rivers, in marshes and ponds -- Wow this seems familiar.

      Their feeding method is to search the bottom with their sensory barbels and suck up food items with their mouth, often burying their snout up to their eyes, one of the reasons a soft sand substrate is preferable -- This seems to describe patent trolls in general. I wonder if a "soft sand substrate is preferable" refers to Texas?

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    2. Re:Bottom Feeders by stealth_finger · · Score: 1

      Nice. They've literally named themselves after a bottom feeder. Very apt.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
  17. A regret I have in my life by spiritplumber · · Score: 1

    For a few months I sort of lived two blocks from Intellectual Ventures' office, building a ROV in the front yard. And I never got around to also building a trebuchet.

    --
    Liberty - Security - Laziness - Pick any two.
  18. Don't Hate The Player by Anonymous Coward · · Score: 0

    Hate The Game.

  19. Lawyers - Brokers - Bankers - Politicians by Anonymous Coward · · Score: 0

    The lawyers make money regardless of who wins, unless they're working on contingency which patent lawyers never do. Same as with stockbrokers - somebody's buying for every sale, and the broker (even if it's a computer) always takes a cut. Same as Bankers with their fees. Same as casinos. Same as politicians.

    Old one for the tagline database: Lawyer: the larval form of the politician.

    1. Re:Lawyers - Brokers - Bankers - Politicians by JaredOfEuropa · · Score: 1

      The point of reforming patent law would not be to make the "right" side win, but to ensure these stupid cases never even come to court. And then the lawyers do lose. Which is why you shouldn't expect any serious reform anytime soon. That tagline is right: America is run by lawyers.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  20. Let's just state the obvious by MillionthMonkey · · Score: 3, Interesting

    Jurors in Texas are stupid. There, I said it. Many patent trolls are located in Texas and they all prefer to file in Texas courts, since idiot juries reliably award them millions. "Your website uses usernames and passwords to log in? Why didn't you get a license from this here local Texas firm that invented that idea? Pay up now, the law is the law!" Remember that John Oliver story on patents? Samsung actually built a public outdoor ice skating rink in Marshall, TX because they're so terrified of the juries there. Apple was ordered by a Texas jury to pay a half billion dollars to a troll who held a patent on the concept of copy protection. I hate Samsung and Apple, I hate copy protection, but Texas is worse than both of them put together.

    1. Re: Let's just state the obvious by Darinbob · · Score: 2

      And the juries in a particular West Texas district feel the same. Any big corporation they feel is the enemy. Whereas a patent troll who has an empty office in town are the small guys and thus the good guys. That's all they know and all they want to know, and they don't want to know the facts because that just complicates things for them.

    2. Re:Let's just state the obvious by mschwanke97402 · · Score: 0

      Juries everywhere are stupid. After all they are selected at random from the general population then most of the smart ones weasel out of serving. That leaves you with stupid, lonely and bored.

      The problem is more insidious than that. It seems that the local Federal judges, drawn from the local lawyers, and those remaining local lawyers have made it something of a cottage industry. None of them are lacking for work. The real estate types renting local offices so companies can claim they are local when they file suit are in on it. Don't forget all the local hotels and restaurants either.

    3. Re:Let's just state the obvious by Anonymous Coward · · Score: 0

      How about big companies investing big in the community in Texas that's to blame, move a whole lot of employees there, who will end up being chosen as jurors with a high degree of probability?

  21. "allegedly" by kwoff · · Score: 1

    A court ordered Apple to pay half a billion dollars for "allegedly" doing something? Did they "literally" order that?

  22. This is why Apple hoards cash by Anonymous Coward · · Score: 0

    These half-billion dollar judgments by stupid judges and even stupider juries add up.

  23. Combinations of other peoples inventions by zuckie13 · · Score: 2

    Is it me, or do these patents just sound like "take these previously invented things and put them together". Combinations of things that already have been invented should not be patent-able. On top of that, I'd live to put a very short statute of limitations on filing claims like these. You have 6 months from the time the item was publicly released on the market. That's it. No waiting about for years so you can claim larger infringement.

  24. Tons of prior art by schiefaw · · Score: 1

    Unless they are addressing a particular technique used in the calls, they have a lot of prior art to overcome.

    https://en.wikipedia.org/wiki/...

    --
    Angleyne: You can't bend that girder - it's unbendable! Bender: Well I don't know anything about lifting, so that ju
  25. Apple's emails with square corners by Anonymous Coward · · Score: 0

    If the emails have square corners then seems legit

  26. Prior Art Exists (tm) by swschrad · · Score: 1

    look up Marconi, Popov, Fessenden, deForest, et al. you can add Edison to the list. some guys named Bell and Morse also. fella named Armstrong talked upon the earth...

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  27. Corydoras == scum sucking bottom dweller? by isham · · Score: 1

    Corydoras == cory cat catfish == scum sucking bottom dweller patent troll.

    https://en.wikipedia.org/wiki/Corydoras

  28. Not really about making calls or sending email by Theaetetus · · Score: 1
    Some of the patents in the suit include sending email or making calls, but all of them recite using a front-facing camera in a "mirror mode", which seems to be what the suit's really about. They're just poorly written claims. For example, if you invent a time machine and have a patent that recites "a car, capable of driving and turning and accelerating and braking, the car including a flux capacitor and temporal modulator and fusion generator" and you sue someone who makes another time-traveling car, you're not suing them over "driving" or "turning".

    Specifically, here's claim 1 of one of the patents:

    1. A communication device comprising:
    a microphone;
    a speaker;
    an input device;
    a display;
    a first camera;
    a second camera;
    an antenna; and
    a multiple function implementer;
    wherein said multiple function implementer implements a voice communication function, a digital mirror function, a non-digital mirror function, and an email function;
    a voice communication is processed to be performed when said voice communication function is implemented;
    a first visual data is processed to be retrieved via said first camera, said first visual data is processed to be inverted, and said first visual data which is inverted is processed to be displayed on said display when said digital mirror function is implemented;
    a second visual data is processed to be retrieved via said second camera and said second visual data is processed to be displayed on said display when said non-digital mirror function is implemented,
    wherein said second visual data is the visual data which is not inverted; an email is processed to be authored in accordance with the user input and said email is processed to be transferred to another device in a wireless fashion when said email function is implemented.

    Now, I'm certainly not saying that claim is valid or that there aren't ways I would attack these patents, but it would be just as silly to say "Apple sued over iPhones having antennas." Sure, "antenna" is in the claim, but the patent's not about antennas and just having an antenna is not nearly enough to infringe the claim.

  29. MEEEEEEELIONS by Anonymous Coward · · Score: 0

    The fines would be much less impressive if stated as a percentage of Apple's cash on hand.

  30. It just doesn't make sense by Anonymous Coward · · Score: 0

    I thought Apple invented telephones and that's why they're suing everybody else? Or is it just the rectangular ones?