131–137 of 137 posts
"Litigating Apple noted that on the very same day that an ALJ ruled that Apple infringed two of S3's patents, the USPTO made initial determinations that the relevant claims of the two remaining patents are also invalid due to prior art."
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Sorry. My original argument wasn't very clear, I didn't mean to argue that the look and feel is patentable. It's not, obvioisly. I suppose what I meant that I could imagine Steve Jobs seeing an advert like that, picking up the phone to the lawyers and saying 'what can we do about this' and these various patent suits are the result. I am not arguing for this use as a justification for software patents, just making an…
What adverts are you speaking of? I don't recall seeing an HTC phone that blatantly ripped off the iPhone's design (and actually HTC had been doing touch based phones since before Apple, see the HTC’s Touch P3450 for an example).
[1] - yes, I've just read "Black Oceans" by Dukaj ;).
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Agreed, to a certain extent, though I'm not sure that I'd go so far as to call it juvenile. All news outlets have an agenda. Some try harder than others to keep that agenda out of their headlines. Others... don't. I'm not saying it's great, but it's to be expected, I think. While I wouldn't really call HTC an "underdog" in the normal sense of the term, painting them as such in a fight against Apple isn't totally off-…
Fair enough, but I'm going to go out on a limb and suggest that painting Steve Jobs as shooting lightning from his fingertips is a little on the juvenile side.
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"the solution is to properly staff and fund the USPTO" This is categorically impossible for software patents. We will never have enough patent examiners with the necessary expertise much less time to make valid decisions on software patent applications. Look at the backlog. Any one on this board who designs software solutions and has ever read a patent knows this is true. Thus it doesn't matter whether you like the i…
Thanks for stating your contested opinion/conclusion as categorically fact that we all know as true, period. Your argument basically amounts to "well the dog pooped on the carpet, that's what dogs do, what can we do it about it except get rid of the dog?" Real world: people respond to incentives. (1) Currently the patent troll model is heavily incentivized. (2) Currently, there's a huge incentive to file obvious and…
No, that is not what my argument amounts to. You should read up on logical fallacy.
(1) So what if I'm a poor inventor whose truly patent-deserving idea hasn't yet made money and gets copied by a rich megacorp before I can. Your solution protects the rich, not the risk-taking inventors, the latter being the reason we have patents.
(2) You beg the question.
(3) The USPTO received 500,000 patent applications in 2010. Have you ever read a patent? Do you realize how specialized they one are? You have to be an expert in the field to be able to discern what deserves a patent and what doesn't, and even then it would take one weeks if not months to truly understand the proposed patent and all prior art to render such judgement. The USPTO would need an army of 10,000 (one week per patent) to 100,000 (2-3 months per patent) experts on staff.
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More importantly, the same problem applies to anything not using nVidia GPUs, which is most low-end desktop PCs (Intel integrated GPUs) and a lot of high-end desktop PCs (anything with AMD). So now we can't have a PC with the best GPU and CPU because Intel and nVidia are suing each other over IP, and we can't have a cheap PC because Intel is infringing on S3 patents, and we can't even give up and get a top-of-the-lin…
Not to nitpick, but while Intel owns the high end CPU market, the current ATI/AMD top end GPUs are much better than nVidia's offering. Unless, that is, I missed a major nVidia release lately...
This is actually a pretty favorable outcome for HTC, as the reported industry average for invalidations during IP review is around 90 percent. This is one of the biggest problems with the modern patent system.