'Corporate Troll' Wins $3 Million Verdict Against Apple For Ring-Silencing Patent (arstechnica.com)
An anonymous reader quotes a report from Ars Technica: A non-practicing entity called MobileMedia Ideas LLC won a patent lawsuit against Apple today, with a Delaware federal jury finding that Apple should pay $3 million for infringing MobileMedia's patent RE39,231, which relates to ring-silencing features on mobile phones. MobileMedia is an unusual example of the kind of pure patent-licensing entity often derided as a "patent troll." It is majority-owned by MPEG-LA, a patent pool that licenses common digital video technologies like H-264, MPEG-2, and MPEG-4. Minority stakes in MobileMedia are owned by Sony and Nokia, which both contributed the patents owned by the company. MobileMedia also has the same CEO as MPEG-LA, Larry Horn. The battle ended up being a long one, as MobileMedia first filed the case in 2010. It went to trial in 2012, and the jury found that Apple infringed three patents. After reviewing post-trial motions, the judge knocked out some, but not all, of the infringed patent claims. Then came an appeal in which a panel of Federal Circuit judges upheld (PDF) some of the lower court's judges and overturned others. A $3 million verdict is hardly going to make an impact on Apple, and it doesn't represent a huge win for MobileMedia, which was reportedly seeking $18 million in royalties from the trial. Still, getting a verdict in its favor does represent some validation of MobileMedia's business model, which was a striking example of technology corporations using the "patent troll" business model as a kind of proxy war. Nokia and Sony were able to use MobileMedia and the licensing talent at MPEG-LA to wage a patent attack on Apple without engaging directly in court. In all, after years of back-and-forth, the ring-silencing patent was the one that MobileMedia had left. While Apple didn't win the case against one of the first "corporate trolls," it was able to severely pare down the scale of the attack and show that it's willing to fight a long legal war of attrition to make its point.
Just wanted to say that the patent system will never be reformed because the major universities are all patent trolls too; they litigate or license to troll entities like MobileMedia Ideas who then litigate true product developers.
If it is really obvious then where is the prior art?
Telephones are a couple years old now, and the ring silencer has been around for just about as long. In fact the old mechanical bell phones had ring volume control that just adjusted clapper/bell distance. However the patent in question is for a 1 time mute, you push the button and that call is muted but future calls are not. Even when land lines were all we had people would silence the ringer, then miss calls because they forgot to unsilence it.
Just because an idea is obvious in the sense of "Why didn't I think of that" after the patent is issued does not mean the patent fails the obviousness test.
I am fairly anti-patent, feeling that patent life needs to be strictly limited, and vague concepts should not be patentable, but this one has some merit. In fact, I am sitting here pondering how to implement a 1 call ring mute in an old mechanical analog phone, and it isn't obvious to me how to accomplish that.
In a cell phone context a call exists as an entity, in the analog world a ring is a singular event, going back to the days when a human operator cranked the handle and you had to count rings to know it was your call.
I suppose you could use a mechanical timer, that disengaged the bell clapper for a period of time. The first thought would be a clockwork snail type counter, but you never know how many rings comprise a call, so it would have to be a timer. It would at best be a guess, because it is entirely up to the caller how long to let the phone ring.
I recall in my younger years calling a friend who didn't want to talk and just letting the phone ring for minutes at a time. However he responded by just going off hook, and the phone switch would not release the line until both ends went on hook, so I annoyed him for a few minutes, but he took our phone offline for the whole evening.
Anyway, thanks for the opportunity to take a side I don't recall taking on the patent question before, and to recall a simpler time from my youth.
"Proximity to wonder has blunted our perception and appreciation of it" --Tim Hartnell in 'Exploring ARTIFICIAL INTELLI