On Tue, 2011-07-19 at 05:30 -0700, Reinier Zwitserloot wrote: > More information > here: > http://www.zdnet.com/blog/hardware/apple-deals-massive-patent-blow-to-htc-android-in-serious-trouble/13714 > > > The way I read it, the patent involved applies to everything from > phones to MP3 players to computers to more. i.e. the usual completely > ridiculous US Patent System is easily abused problem. Hopefully a > saner judge will prevail in an appeal.
Whilst I think software patents should be excised from the system, particularly given these two patents -- do read the patent detail on Google Patents it will really frighten you -- it is almost certainly the case that the judge has done the right thing here. This is not an issue where a judge can make a ruling on issues of interpretation of technical fact, only on interpretations of law. The law is relatively clear per se, the patents are granted and since almost all software and signal processing software and hardware violate the patents, Apple are on to a winner: money for old rope. The problem is the patents which are too broad, too general and basically obvious. This can only be determined by technical reexamination which is not for the courts, it is for the USPTO. HTC has to take this to appeal for reexamination not because the current judge was not sane. > > NB: ZDNet article quotes Florian Mueller a lot, who isn't known as a > particularly reliable source; sensationalist headlines and an > extremely pro-apple outlook are his usual mode. > > > NB2: While you really should read the full thing, to give you a taste, > one of the two patents involved has the following summary: "A system > and method causes a computer to detect and perform actions on > structures identified in computer data.". Well, oops. I better delete > every piece of software I ever wrote, then, I guess. > That is the point. These patents are even worse than the Unisys linked list patent. The USPTO have to rescind these patents, HTC has to appeal on the grounds of reexamination and rescinding, and Apple have to accept that they nearly, but not quite pulled this one off. But Apple will not mind because they have done considerable damage to the Android marketing machine and gained extra kudos for their own technology. Whatever happens Apple will come out winners. As indeed will Microsoft, just by sitting on the sidelines and cheering. HTC will have to make sure they come out not losers. -- Russel. ============================================================================= Dr Russel Winder t: +44 20 7585 2200 voip: sip:[email protected] 41 Buckmaster Road m: +44 7770 465 077 xmpp: [email protected] London SW11 1EN, UK w: www.russel.org.uk skype: russel_winder
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