On Apr 8, 2009, at 7:30 AM, Dan wrote:

>
> At 4:43 AM -0700 4/8/2009, Bill Spencer wrote:
>> http://www.nytimes.com/2009/04/09/technology/companies/09apple.html
>
> sigh. Yet-another reason to overhaul the patent system.

Why?

I know this is the knee-jerk reaction any time a patent case comes up  
to court, but there's nothing in this article to indicate that this is  
anything other than a bona-fide patent infringement case instead of a  
submarine patent lawsuit abuse.

It's written to inflame ,"this may have emboldened the patent  
terrorists", but it's not a case of a company using a patent on a  
closed laserdisk real-estate system claiming to encompass the world  
wide web.

If it turns out that Apple's actually infringed Elan's patents,  
they're due compensation; this is the whole POINT of the patent  
system. More than likely this will turn out to be a case of  
overlapping patents, and they'll enter cross-licensing agreements with  
Apple, just like Elan did with Synaptics.

Now, if it does turn out they have duelling patents, that does  
indicate at the very least, that the Patent Office needs to be beefed  
up, but that's been the case for decades.

Post-"in re Bilski" we should see a lot less of that submarine patent  
business method nonsense. (unless the SCOTUS, in a fit of insanity,  
strikes down Bilski, then we're back to that horrid "I patent how to  
swing on a swing" crap "State Street" engendered.)

This will, if anything, benefit Apple. Remember "Writing 'Apple is a  
Hardware Company' on the blackboard"? Apple makes *things*; things are  
the point of patents.

Without the flood of business method patents, mathematical algorithm  
patents, etc, the Patent office will have a reduced caseload and be  
dealing with things again, enabling closer review and a more accurate  
system.

-- 
Bruce Johnson
University of Arizona
College of Pharmacy
Information Technology Group

Institutions do not have opinions, merely customs



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