--Bradley M. Kuhn (SFLC)
Linux operating system pioneer Linus Torvalds has called for the US to abolish software patents...
"Well, some backers of the Linux Foundation, such as IBM and Intel, promote software patents."Apple continues to collect software patents on obvious ideas that are merely old stuff "on a phone". See this one new example: "Oh Sure, Now The Patent Office Realizes Apple's 'Rubberbanding' Patent Is Both Obvious And Not New"
"We've expressed concerns in the past about the crappy job that the USPTO does in approving patents, when it's clear that, the majority of times that the USPTO is asked to go back and double check its work, it is forced to admit it was wrong. This happens quite frequently in high profile patents used in lawsuits as well. And while some judges are willing to wait for the USPTO to admit its errors, too often the courts just rush through, assuming that the patent must be perfectly valid. Given all that, it's worth noting that the USPTO has now issued a non-final rejection of all claims in Apple's infamously ridiculous "rubberbanding" patent, over the ability for a page to "bounce back" if you scroll to the edge. The key claim in the patent was rejected for failing both standards for patentability. That is, the court found it to be both obvious and not new. Of course, if they had asked anyone who knew anything about programming, they could have told you that ages ago."
Groklaw has covered this too. Apple's bounce-back patent is also on its way out (caution: article quotes/cites paid spinner Microsoft Florian). But Apple continues to patent yet more nonsense (more quickly than old nonsense is nullified) and Samsung is moving forward with more features, which actually put Android ahead of anything Apple can offer:
Its accountants may be wringing their hands, but South Korean manufacturing giant Samsung is putting on a brave public face, despite being ordered to pay $1 billion in fines to Apple for copyright infringement. Samsung is forging ahead, with its new phones packed with innovative features continuing to gobble more of the domestic market share.
One of the exhibits Samsung has now made public tells an interesting tale. It's the slide presentation [PDF] that Apple showed Samsung when it first tried (and failed) to get Samsung to license Apple's patents prior to the start of litigation. While some of the numbers were earlier reported on when the exhibit was used at trial, the slides themselves provide more data -- specifically on the difference between what Apple wanted Samsung to pay for Windows phones and for Android phones. The slides punch huge holes in Apple's FRAND arguments. Apple and Microsoft complain to regulators about FRAND rates being excessive and oppressive at approximately $6 per unit, or 2.4%; but the Apple offer was not only at a much higher rate, it targeted Android in a way that seems deliberately designed to destroy its ability to compete in the marketplace.
There Are 250,000 Active Patents That Impact Smartphones; Representing One In Six Active Patents Today
A few years back we created a graphic to highlight the ridiculous patent thicket around smartphones. It really just highlights some, though not all, of the litigation concerning patents related to smartphones.
Samsung Has Workarounds for All 3 "Infringed" Apple Patents; and Some Testimony on the '381 Patent ~pj
Samsung has created workarounds for the three Apple patents that the jury ruled were infringed, the '381, '163 and '915 patents. The '381 patent is the one that the USPTO just tentatively rejected, due to prior art. But in any case, none of these patents are now being used by Samsung, according to a declaration [PDF] by Tim Rowden, VP of Product Management at Samsung, just filed with the court. It's in support of Samsung's opposition to Apple's motion asking for a permanent injunction. Obviously, there is nothing to block if Samsung isn't using any of the patents any more.
It is starting to look like Amazon boss Jeff Bezos is right – patent wars are killing the tech industry.
Bezos, who famously encouraged his staff to file for controversial web patents on obvious ideas like "one click to buy", appears to have had a change of heart and is turning into an advocate for patent reform.
Now new research, seen by InfoWorld and published as a consequence of the America Invents Act, supports Bezos' worries.
The Government Accountability Office (GAO) has conducted a study on the effects of patent trolls on the economy by using figures squeezed from the Stanford IP Clearinghouse (now called Lex Machina).
Covering five-years from 2007 to 2011, the report identifies and classifies patent activities across all industries and uses a statistically significant sample to draw conclusions.
Comments
NotZed
2012-10-24 13:08:07
Oh god, I hope this doesn't mean more applications start using it.
It's the most annoying feature on firefox/android, quite headache inducing.
Dr. Roy Schestowitz
2012-10-24 13:15:45
That's the genius of Mr. Jobs.
mcinsand
2012-10-24 14:13:27
In a good way, Apple is desperate, while, in a bad way, they know that they have to lash out with any weapon that they can muster. Apple cannot compete against Android on performance, so software patents, litigation, and injunctions are their only option. Again, they don't mind taking and copying from FOSS, as we saw with Webkit, but they feel entitled to keep any benefit for themselves. Every one of us that purchases electronic hardware has a choice, and we need to stringently avoid anything with the Lemming-Logo on it... and I wish Mr. Torvalds would realize that pretty on the outside is ugly on the inside, especially when the purchase profits support evil. For people that value freedom, choice, and ethics, the Lemming-Logo should be anathema.
Michael
2012-10-25 21:21:34