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Why Apple’s ITC patent victory over HTC Android phones is scary

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Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#91
post #89

Earlier quoted context omitted.

The New Yorker[1] has one of many references on the internet, but the price was 100,000 shares of pre-IPO Apple stock at $10 per share. The visit happened (over the protests of some at PARC). There are some side comments about the visit in "Triumph of the Nerds“. 1) http://www.newyorker.com/reporting/2011/05/16/110516fa_fact_...

Well then, you were entirely correct. I suppose that my search was both fairly cursory and didn't include all of the right search terms. I find it very surprising that this is the first I've heard of it, though; the "apple stole from xerox" meme is really entrenched, to the point that I never really doubted its truth.

I think it's fair to say that Xerox seriously undervalued their IP, but that was a well documented failing of their management who didn't see the potential that Jobs did in personal computing.

Arguably we're fortunate that he struck this deal and brought these ideas into production much more effectively than Xerox was doing.

Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#92

Earlier quoted context omitted.

And Apple was in a position to make those investments in the first place because they profited handsomely from copying wholesale the fundamental ideas of the Mac UI. Now that the tables are turned they want to change the rules of the game. Android brings more than enough innovation to the table to justify its existence. If anything Apple is borrowing more from Google now than vice-versa.

This argument is based on repeating an easily debunked falsehood. Apple did not 'copy wholesale the fundamental ideas of the Mac UI'. They paid Xerox for a license to commercialize the technology via a stock deal, and then they spent significant effort refining it to make a consumer product. So Apple really just wants other people to play by the same rules they do.

[deleted]

Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#93

There are three salient questions: First, is Apple a troll seeking rents or a functioning entity that invests in research and seeks to make money from products? Second, are the patents valid given the current patent system and laws (prior art, obviousness, &c) or not. And third, is the current system broken? I think there's room to debate the second and third points. But with respect to the first point, Apple is usin…

Apple is using the patent system exactly as it was intended. Apple has been researching personal computing since it was founded, and invests heavily in figuring out exactly what works to make viable products.

The patents are broad enough to affect any smart phone and many other mobile devices. Context-specific actions based on local data[1] and real-time data processing[2].

The first question isn't whether or not Apple is a troll (they are clearly not), the question is: are they using patents in an anti-competitive manner. Do they have valid IP claims whose cleverness deserves protection from copycats or is this just kneecapping the competition?

Both patents cover technology that is obvious (today, they were filed 10 years ago). Neither has anything to do with what makes the iPhone special. And they are targeted at Apple's biggest competitor. So the most obvious conclusion is that this is a strategic move by Apple using IP that has no real merit.

To reiterate: This isn't using the patent system as it was intended. Apple isn't protecting the Apple-ness of their products from copycats. They are using their strong patent portfolio against competitors with weak patent portfolios.

1: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sec...

2: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sec...

Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#94
post #89

Earlier quoted context omitted.

Well then, you were entirely correct. I suppose that my search was both fairly cursory and didn't include all of the right search terms. I find it very surprising that this is the first I've heard of it, though; the "apple stole from xerox" meme is really entrenched, to the point that I never really doubted its truth.

I think it's fair to say that Xerox seriously undervalued their IP, but that was a well documented failing of their management who didn't see the potential that Jobs did in personal computing. Arguably we're fortunate that he struck this deal and brought these ideas into production much more effectively than Xerox was doing.

On the same note, look at the differences in the actual manipulation of the UI elements between the Macintosh and the Xerox workstations. The differences are very interesting.

Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#95

The first patent is described as a "system and method for performing an action on a structure in computer-generated data," which Apple says applies, for example, to tapping a phone number and being prompted options to call or look it up on the web. So they have basically patented the context menu. How broken can a patent system possibly become before it crashes an entire economy?

You must examine a patent based on the specific claims, not the title. Many people make this mistake and assume the patent is much broader than it actually is.

This is a good thing to keep in mind, but in this case, the patent really does appear to be about that vague as far as I've been able to find anyone explainng. The only difference from the title is that the patent requires the contextual action to have been automatically generated based on the content (it does not, however, detail any method for this "automatically generate" step).

It seems to me that Ward Cunningham's WikiWikiWeb ought to be prior art, but maybe there's a technicality I'm missing, because that seems like a big one for the lawyers to miss.

Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#96
post #78

I read patent 5,946,647. It's actually a smart patent. It was written in 1996, and it basically describes what the Mail app on my Mac does when it sees a phone number or a date in an email: it automatically detects it and gives me contextual choices, such as move the phone number into my address book (automatically extracting the sender's name), or create an appointement based on a piece of text that says "let's talk…

I seem to remember Lotus Agenda did that long time ago back in the PC era. Should that be a prior art?

Good catch. Per Wikipedia:

  Lotus Agenda is a "free-form" information manager: the information need not be
  structured at all before it is entered into the database. A phrase such as
  "See Wendy on Tuesday 3pm" can be entered as is without any pre-processing.

Since that software is from 1992, it would definitely be prior art.

Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#97
post #11

Earlier quoted context omitted.

US market is kinda big.

Not only big, the biggest one. But given increase in costs (MS tax, now Apple tax, tomorrow who knows) at some point it could be more cost effective for HTC to stop paying anyone and just not sell in the states. WO patents are much harder to get and very expensive to keep, so no big problem there.

The biggest market is the EU.

Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#98

HTC has bought S3 graphics, which has successfully gone after Apple at ITC. ITC has found Apple infringing on two S3 graphics patents (final verdict in November). Now, HTC has been found infringing on two Apple patents (final verdict in December), will it force the two companies into cross licensing.

This is probably the most relevant comment of this thread, I hope it gets on top.

Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#99

I really think Apple needs to take a page from Google's book here and adopt the 'don't be evil' philosophy. This is very disappointing to me because I see Apple like a tennis player who can tell you where he is going to hit the ball, yet still beat you there every time. I think they should welcome the competition and view copycats with pride. You don't get it right all the time.

I'm sure it was nice viewing Windows 3.1 and Windows 95 with pride. It was probably wonderful being proud of Bill Gates trademarking the term "PDA" after hearing John Sculley use it in a talk. It's probably pretty flattering to see Google switching from designing Android as a blackberry clone to designing it as an iPhone clone. To paraphrase a joke from the last depression: $5 and some pride gets you a nice cup of co…

I'm sure it was nice viewing MacOS v1.0 with pride (if you worked at Xeroc PARC).

It's kleptomaniac turtles all the way down!

Re: Why Apple’s ITC patent victory over HTC Android phones is scary

#100
post #47

There are three salient questions: First, is Apple a troll seeking rents or a functioning entity that invests in research and seeks to make money from products? Second, are the patents valid given the current patent system and laws (prior art, obviousness, &c) or not. And third, is the current system broken? I think there's room to debate the second and third points. But with respect to the first point, Apple is usin…

> Apple has been researching personal computing since it was founded, and invests heavily in figuring out exactly what works to make viable products. Apple actually does comparatively little spending on R&D when contrasted with the likes of Microsoft or even Google. [1] When it comes to design, it's well known that Apple is of the mentality that good design is something recognizable and, that being the case, they don…

Actually, they spend substantially more on R&D than appears under that heading in their financials.

Much of their R&D is outsourced to component suppliers, paid for by advance funding of new factories and other production facilities.

But their spending is incredibly effective in terms of developing products people want.

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