Feeds

back to article Samsung backside-bitten by emoticon patent trollery

Samsung’s patent lawsuit against Apple over emoticons has bitten the smartphone maker in the behind, with a patent troll hoarder called Varia now suing Samsung over the same thing. At the bottom of it all is our relentless pursuit of the laziest possible way to carry out the most mundane activities. Since emoticons are …

COMMENTS

This topic is closed for new posts.
WTF?

Isn't this what registered designs are supposed to be for? "Their drawing looks like ours" is *not* grounds for patent infringement.

0
0
Anonymous Coward

Only in America, la la la la la

9
1
Bronze badge
Devil

I plan on getting a patent for filing patents...

...that way...I can sue EVERYONE on the planet who has ever filed for a patent.

And look out Apple...I'm coming after you first.

1
0
Silver badge

key?

What key?

0
0
Anonymous Coward

Re: key?

A smiley skeleton key ¯\(º o)/¯

0
0
DN4
Go

Great

Now please sue everyone else who doesn't make inserting emoticons extremely painful and the world will be a better place.

4
0
Silver badge

Prior art

Filing date for the '731 patent: September 12, 2005.

My Palm Treo had this before then. Yahoo messenger too, but that wasn't mobile. Everything has to be patented again for mobile.

2
1
Silver badge
Facepalm

Is there a smiley for...

... hoist by your own petard?

6
0

This post has been deleted by its author

Anonymous Coward

Re: Is there a smiley for...

Nope but there is a large Dick smiley, or it that an award for the biggest Dick award?

0
0
Mushroom

Re: Is there a smiley for...

Try this one.... BIG petard...

0
0

Re: Is there a smiley for...

Yeah, here's the text smiley for that

======D *

0
0
Thumb Down

Question (AKA WTF?!)

So Samsung got a patent. It infringes an older patent, but how could Samsung know?

I would have guessed it's the Patent Office's job doing a background this kind of situation, not the patent submitter... is it?

Or can the office just say "tough luck" and get with it?

I'm not defending Samsung (this whole patent war is beyond stupid) but I think it's unfair that they, or anyone else, lose a patent because of what looks like a gross ineptitude of the patent office

9
0
Bronze badge
Thumb Down

Re: Question (AKA WTF?!)

My understanding is that you pay the patent office a sum of money and file an application - after a stupid amount of time - the patent is granted regardless of whether other patents exist that may be of a similar nature. The courts are then left to determine if the patent is even valid.

6
0
Devil

Re: Question (AKA WTF?!)

I think it's unfair that they, or anyone else, lose a patent because of what looks like a gross ineptitude of the patent office

I think it's unfair so many GET patents due to the gross incompetence of the patent office.

I just patented representing instructions and data using 1's and 0's. You all owe me TRILLIONS! Bwa-ha-ha!

0
0
Silver badge

Re: Question (AKA WTF?!)

I have an idea........ Samsung should sue the US patent office for false representations which led Samsung to spend money of a court case and also placed it in a position where it could be sued by Varia. Then Varia could sue the patent office for the same false representation that caused it to spend money suing Samsung. Then Apple could...... oh, wait a minute.

6
0
Unhappy

Sounds like Despair

Anyone remember when Despair tried to trademark the frownie and actually got it?

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75502288

This is about as stupid as that, but at least Despair were taking the piss.

0
0
Anonymous Coward

Re: Sounds like Despair

Actually, Smiley's have been a Registered TradeMark (outside the US) since 1971.

http://en.wikipedia.org/wiki/Smiley

Just need a precedent now to undo this.

0
0

Re: Sounds like Despair

You (and a few others above) are missing what the patent actually covers. It's not the smileys/emoticons themselves, it's the *input method* that this particular patent war is about.

0
0
Facepalm

Broken fuckin borken patent system.

I always type my smileys, often preferring the Eastern (from the UK) style.

d(^.^)b

Do the Reg's icons fall foul of this patent?

0
1
pdf

Is the patent system patently broken yet?

3
0
Silver badge
Joke

http://dilbert.com/strips/comic/2000-05-30/

2
0
g e
Silver badge
FAIL

Hahahaha

Bloody Americaland again...

Surely Skype was doing this beforehand though?

Or is it somehow different if you do it again on a mobile, then a car dashboard, then a toaster?

Unwashed

Stinking

Pustulent

Toxic

Orifice

2
1
g e
Silver badge

Re: Hahahaha

For good measure I added 'uspto' and 'patent lawyer' to urban Dictionary.

Amazed they weren't already there to be honest.

0
2
Silver badge

Re: Hahahaha

Remember ICQ? they had it way before Skype existed and way before most others....

I even wrote a little messenger app in college in '96 that did this. not sure if that was before or after ICQ hit the scene.

1
0
FAIL

Re: Hahahaha

"Remember ICQ? they had it way before Skype existed and way before most others..."

Yes, but that wasn't on a MOBILE computing device. Crazy enough, look at everything you do on your desktop, and then just patent it for your phone. That is a lot of what has been occurring, since the patent office distinguishes a difference between mobile computers and desktop computers. Wonder if that means I can start patenting a hardware smiley button for ultrabooks?

(the other problem, is the Patent offices (globally) are getting confused about what should be registered trademarks, versus patentable "proper" inventions, versus copyright law)

Fail icon, cuz I could only do one.... The current patent situation deserves SOO many more. :)

1
0
Silver badge
Trollface

Obviously Varia is an Apple troll

Otherwise it would be suing both of them.

1
1
Silver badge

Surely the solution is simple

We get the lawyers from each company, and then bang their bloody heads together.

Then the rest of us can get back to work.

2
0
Silver badge

Re: Surely the solution is simple

Just void all software patents and 'look n feel' patents..... then use electroshock therapy on anyone who thinks they are a good idea....

7
0
This topic is closed for new posts.