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the same way that Apple's "rounded corners for smartphones" was a patent.
A design patent, https://en.wikipedia.org/wiki/Design_patent , is different from a patent granted for an invention.
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Seems similar to me. Lots of rounded rect products existed before iPhone. Like say, cassette tapes, vhs tapes, 8track tapes, bars of soap, cans of spam, license plates, sardine cans, etc...
Design patents cover, for example, the famous Coca-Cola bottle. Everyone can make bottles, they just can't use that exact shape. What Samsung did that forced Apple to enforce their design patent was copy the design EXACTLY down to the _exact_ radius of the corners. All they had to do was not 100% copy Apple's design, just by changing the ratios a bit and they would've been unaffected.
Apple didn't come up with anything new or incredible, it lends nothing to their brand or to the function of the device. There's no negative impact on Apple if their competition uses the same rounded corner radius.
Saying so otherwise is just playing into the Apple vs Samsung vs Everyone else team based Robert measuring contest where everyone waves the flag of their favourite corporation that they love so much.
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>And yeah, I’m using the word compliance in the straightforward, obvious way. If that’s a problem for you, I don’t think this discussion is ever going to be useful. I'm a patent litigator - nobody uses the word compliance in this field. It's not me that is making this conversation difficult. It's your apparent ignorance and obtuseness. > Think about it. If legislation can make FRAND mandatory, it can also make the pe…
> Compliance WITH WHAT??? With the licensing of patents? Duh? > I'm a patent litigator Ah. I'm reminded of the famous quote — "It is difficult to get a man to understand something when his salary depends on his not understanding it." Community discussions are wher you talk with other people, not to win on a technicality in a courtroom. > nobody uses the word compliance in this field I'm sorry that the word compliance…
Licensing isn't a compliance matter. There's no enforcement entity. It's all just civil litigation and party's deciding things on their own.
>Ah. I'm reminded of the famous quote — "It is difficult to get a man to understand something when his salary depends on his not understanding it." Community discussions are wher you talk with other people, not to win on a technicality in a courtroom.
I'm not trying to win on a technicality here, all I did was explain to you that your understanding of patent incentives was wrong and based on incorrect facts.
>I'm sorry that the word compliance isn't sufficiently in-group for you. Perhaps tell people that you want to gate-keep rather than discuss, as it'll save other people a lot of time.
It's not that it isn't sufficiently in group, it's that it is without meaning in this context.
> Perhaps tell people that you want to gate-keep rather than discuss, as it'll save other people a lot of time.
I've been engaging in discourse with you. You refuse to come to the table and recognize what's actually going on, just repeating yourself and your misunderstandings.
>Ah. I'm reminded of the famous quote — "It is difficult to get a man to understand something when his salary depends on his not understanding it."
You have no idea what you are talking about. I'm plaintiff side. Anything pro small-inventor would be for my own benefit. Getting my client a license is preferable to trial. The thing is, the big companies never want to license because they can just force me to have to take them to trial, where we risk losing, or losing on appeal. You'd behove yourself to actually attempt to grok at least one of my posts instead of just typing "but compliance"
Not the most neutral article. Worth to note that is not just some obscure small company coming out of nowhere to capitalize from Apple. Masimo is a decades-old medical equipment company, with several developments and patents for non-invasive PPG. Apple is obviously well-aware of their developments, and was in touch with them already in 2013, more than a year before the launch of the Apple Watch. From the actual lawsu…
My friend got poached, and that lab has none of their brains left to drain. They no longer supply Apple.
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> Compliance WITH WHAT??? With the licensing of patents? Duh? > I'm a patent litigator Ah. I'm reminded of the famous quote — "It is difficult to get a man to understand something when his salary depends on his not understanding it." Community discussions are wher you talk with other people, not to win on a technicality in a courtroom. > nobody uses the word compliance in this field I'm sorry that the word compliance…
>With the licensing of patents? Duh? Licensing isn't a compliance matter. There's no enforcement entity. It's all just civil litigation and party's deciding things on their own. >Ah. I'm reminded of the famous quote — "It is difficult to get a man to understand something when his salary depends on his not understanding it." Community discussions are wher you talk with other people, not to win on a technicality in a c…
It literally is. I'm sorry that you can't English. I'm out.
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>With the licensing of patents? Duh? Licensing isn't a compliance matter. There's no enforcement entity. It's all just civil litigation and party's deciding things on their own. >Ah. I'm reminded of the famous quote — "It is difficult to get a man to understand something when his salary depends on his not understanding it." Community discussions are wher you talk with other people, not to win on a technicality in a c…
> Licensing isn't a compliance matter. It literally is. I'm sorry that you can't English. I'm out.
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> But the post above is somewhat accurate, in that there is no guarantee that negotiations will end in a license. Why is that revelation "wild?" Imagine saying, > It’s so wild that [Bernie] is allowed to refuse to [allow Bob] to [rent Bernie's spare bedroom]. putting aside the fact that [Bob] doesn't even want to rent from [Bernie] as applied to the situation here with the watches! :-)
The patent isn't personal property that the company "owns" like how a person owns a house, it's a segment of the market where the government grants a company a legal monopoly. I don't understand why it should be a total legal monopoly. If the idea was that the company which employed the people who invented something cool should "deserve" to get filthy rich (why do we want that again?), you'd think that could be achie…
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Design patents cover, for example, the famous Coca-Cola bottle. Everyone can make bottles, they just can't use that exact shape. What Samsung did that forced Apple to enforce their design patent was copy the design EXACTLY down to the _exact_ radius of the corners. All they had to do was not 100% copy Apple's design, just by changing the ratios a bit and they would've been unaffected.
Form follows function, do we really expect large corporations to be able to enforce a patent like this given that it _doesn't really matter_? Apple didn't come up with anything new or incredible, it lends nothing to their brand or to the function of the device. There's no negative impact on Apple if their competition uses the same rounded corner radius. Saying so otherwise is just playing into the Apple vs Samsung vs…
If I just invent Foxy Cola and use the exact same style of bottle and font, that should be just OK? Branding doesn't matter.
I should also be able to copy any car's design exactly and slap my own brand on it, no repercussions whatsoever right?
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A patent troll is a person or company that acquires patents solely for the purpose of licensing and enforcement, rather than using the patented technology to produce their own products or services. This IS NOT A PATENT TROLL. Please don't water down our language by lumping all patent licensors in with patent trolls. The phrase was created with a purpose in mind and you're harming that with your use.
They seem close enough to a patent troll to me.