> Lucy Koh has said that additional arguments related to Apple's "data-tapping" patent (5,946,647) can be presented
I usually just laugh at these cases but seriously, if anyone's got a patent on data-tapping it has to be either Google or the NSA.
A US Federal Court has issued a ruling that will allow Apple and Motorola Mobility to assert certain patent claims against each other. The ruling also opens the door for Cupertino to try to seek a ban on sales of certain Android handsets. While Google will be allowed to seek damages on any of the Motorola Mobility patents in …
I think I'd start with the Appeals court and then proceed to the USTPO. But in fairness to the USTPO (I know, difficult to do when they're fouling things up so badly), they're following the updated laws. So the real fault here is with Congress. As usual.
A lawyer's dog, running around town unleashed, heads for a butcher shop and steals a roast. The butcher goes to the lawyer's office and asks, "if a dog running unleashed steals a piece of meat from my store, do I have a right to demand payment for the meat from the dog's owner?" The lawyer answers, "Absolutely."
"Then you owe me $8.50. Your dog was loose and stole a roast from me today."
The lawyer, without a word, writes the butcher a check for $8.50. The butcher, having a feeling of satisfaction, leaves.
Three days later, the butcher finds a bill from the lawyer: $100 due for a consultation.
The above basically sums up the majority of all these multi-beeelllion dollar cases. The lawyers always win regardless of the outcome.
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That's right. the other companies design and build things, then we sue the arses off of them.
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Many, many years ago I switched from being an archaeologist to working in the wonderful world of technology - because the pay was much better ;-) Now I'm thinking I should have moved to the States and become a lawyer - great pay and permanent employment. I mean, you could get involved in any of the Apple/Google/Samsung cases and have a well paid job for life! It looks like an easy life, just turn up and rehash the same old arguments, post your appeal, rinse and repeat ;-)
I think the point of The Wolf of Wall Street was that a person who lacks morality and an ability to emote is capable of making LOTS of money.
So yes, you could become a lawyer and make lots of money.
But if you HAVE either of the above attributes, you may not be able to bring yourself to do it, and there's the problem.
I get that people prefer every thing to be as cheap as possible and some patents seem dubious. I have spent a lot of my career related to software patents, usually busting them. Apple's case has merits: the "data tapping" patent is a way to get context around a string or set of numbers (i.e., recognize a phone number). It actually is pretty hard and it took Apple a long time to figure it out and even after they did people had trouble figuring out how they did it. Most people would argue that the ability to tap a phone number in an email and have your phone dial that number is a pretty useful feature. Motorola's patents are what we call "standards essential". Basically the idea is that we need standards to make everything talk to each other. The industry agrees on those standards and they almost always involve patents. The patent is useless unless a bunch of people use it. So they have to license the patent to anyone who wants it and on a reasonable basis (FRAND). It can't be large differences between licensees. Motorola is alleged to have wanted a lot more from Apple than it charged other vendors. That doesn't work for "standards essential" patents. It is all fine and good to want to low cost products, but if there isn't some reasonable protection for patents and copyrights, anyone can let one company spend the money on R&D and just do the lowest cost manufacturing. It happens that way a lot in China where ideas or outright theft occurs and there is little or no legal remedy for the firm who just has manufacturing costs and no R&D expenses.
Let's not forget that Apple is winning nearly every one of these patents (and the trade dress lawsuit against Samsung). Apple is a pretty innovative company in many ways and where they innovate to gain a competitive advantage they should get to enjoy that advantage. Apple builds on a lot of other ideas and concepts too, so let's not say that Apple gets to do anything they want. I think the hardest part is that Google's CEO sat on the Apple board while Google was copying the iPhone and therefore had an insider's view. Companies like Apple, Microsoft, IBM, Honeywell, etc. couldn't exist without patent protection because they spend so much on R&D.
So while there is plenty to argue about with Apple in terms of closed ecosystem, various hardware choices, and iTunes, I would say that when it comes to the patents Apple actually has a pretty strong argument.
> Most people would argue that the ability to tap a phone number in an email and have your phone dial that number is a pretty useful feature.
Except that Skype could do it in 2006 via browser plug-in. The USPTO might not realize this but if you copy somebody else's software and put it on a different device, you still copied it. You certainly didn't "invent" it.
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