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An IP lawyer on patents, trolls, and entrepreneurship

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Re: An IP lawyer on patents, trolls, and entrepreneurship

#3

Sad, that no one is talking about Apple when referencing to abuse of patents, especially.

I am conflicted about Apple. In one way, they are using their patents exactly as intended under the system: They innovated, disclosed their innovations in a patent (and I have looked at a few, the disclosures are pretty good, as patents go), and they are now using their patents to fend off "copycats" in the marketplace. I am much more sympathetic to Apple because they are actually bringing products embodying their innovations to market.

There are a couple of problems, though. First, note the quotes around copycats. I don't think that there was wholesale copying as Apple alleges. I am sure there was some ... "creative inspiration" that Samsung et al. picked up from Apple. In return, though, iOS has picked up a number of improvements directly from Android and/or competing phone manufacturers.

Second, Apple innovated - but their innovations, IMO, were mostly in the area of packaging. Packaging something better than anyone else is innovation. I am not sure that better packaging is invention, however, and I am not sure that it is (or should be) covered by the patent system.

Re: An IP lawyer on patents, trolls, and entrepreneurship

#4
post #3

Sad, that no one is talking about Apple when referencing to abuse of patents, especially.

I am conflicted about Apple. In one way, they are using their patents exactly as intended under the system: They innovated, disclosed their innovations in a patent (and I have looked at a few, the disclosures are pretty good, as patents go), and they are now using their patents to fend off "copycats" in the marketplace. I am much more sympathetic to Apple because they are actually bringing products embodying their in…

Exactly. But certain patents like you say shouldn't have been allotted in the first place - Rounded corners, Slide to unlock, and so on..

I'm reminded of this funny image that was trending on G+ recently: http://phandroid.s3.amazonaws.com/wp-content/uploads/2011/10...

Re: An IP lawyer on patents, trolls, and entrepreneurship

#5
post #3

Sad, that no one is talking about Apple when referencing to abuse of patents, especially.

I am conflicted about Apple. In one way, they are using their patents exactly as intended under the system: They innovated, disclosed their innovations in a patent (and I have looked at a few, the disclosures are pretty good, as patents go), and they are now using their patents to fend off "copycats" in the marketplace. I am much more sympathetic to Apple because they are actually bringing products embodying their in…

They are trolling, full stop.

Re: An IP lawyer on patents, trolls, and entrepreneurship

#6
post #5
post #3

Earlier quoted context omitted.

I am conflicted about Apple. In one way, they are using their patents exactly as intended under the system: They innovated, disclosed their innovations in a patent (and I have looked at a few, the disclosures are pretty good, as patents go), and they are now using their patents to fend off "copycats" in the marketplace. I am much more sympathetic to Apple because they are actually bringing products embodying their in…

They are trolling, full stop.

Trolling? No, given how angry Steve Jobs was when he felt Google just copied iOS there's probably just that latent feeling left.

There's plenty of quotes out there of him, they got mentioned in the trial, but excluded. Personally I think it sounds like the motivation for all this in the first place.

Indignation, anger, but not trolling. Trolling is a different sentiment, this is something else entirely.

Re: An IP lawyer on patents, trolls, and entrepreneurship

#8
post #5

Earlier quoted context omitted.

They are trolling, full stop.

Trolling? No, given how angry Steve Jobs was when he felt Google just copied iOS there's probably just that latent feeling left. There's plenty of quotes out there of him, they got mentioned in the trial, but excluded. Personally I think it sounds like the motivation for all this in the first place. Indignation, anger, but not trolling. Trolling is a different sentiment, this is something else entirely.

Well, it would make sense for Steve jobs to be angry if he was someone who never copied anything ever at all. None of his products were original, they were just improvised or 'inspired' (his alternative label for 'copying') versions of existing gadgets, be it the iPhone, or the iPad, or anything else for that matter. Its trolling at its best, like he says.

Re: An IP lawyer on patents, trolls, and entrepreneurship

#9
post #4
post #3

Earlier quoted context omitted.

I am conflicted about Apple. In one way, they are using their patents exactly as intended under the system: They innovated, disclosed their innovations in a patent (and I have looked at a few, the disclosures are pretty good, as patents go), and they are now using their patents to fend off "copycats" in the marketplace. I am much more sympathetic to Apple because they are actually bringing products embodying their in…

Exactly. But certain patents like you say shouldn't have been allotted in the first place - Rounded corners, Slide to unlock, and so on.. I'm reminded of this funny image that was trending on G+ recently: http://phandroid.s3.amazonaws.com/wp-content/uploads/2011/10...

Hah! That image is great. Oddly enough though, my initial reaction is to support Apple's claim for slide to unlock but scoff at them for "rounded corners."

I'm not sure why, I guess because rounded corners seem so obvious while slide to unlock is pretty ingenious, if derivative.

Re: An IP lawyer on patents, trolls, and entrepreneurship

#10
post #9
post #4

Earlier quoted context omitted.

Exactly. But certain patents like you say shouldn't have been allotted in the first place - Rounded corners, Slide to unlock, and so on.. I'm reminded of this funny image that was trending on G+ recently: http://phandroid.s3.amazonaws.com/wp-content/uploads/2011/10...

Hah! That image is great. Oddly enough though, my initial reaction is to support Apple's claim for slide to unlock but scoff at them for "rounded corners." I'm not sure why, I guess because rounded corners seem so obvious while slide to unlock is pretty ingenious, if derivative.

Rounded corners are obvious. Steve Jobs himself famously demonstrated prior art:

http://www.folklore.org/StoryView.py?project=Macintosh&s...

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