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Old 26-10-2011, 16:33
mad_dude
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That patent is a bit broad isn't it? Surely HTC, Samsung and other manufacturers should have challenged it as prior art?
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Old 26-10-2011, 17:06
Kuldiin
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What a joke of a ruling!! I say that as an Apple user too.

Where is the sense or justification in ruling on such a thing. What next? Will they patent the word 'Apple' ?
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Old 26-10-2011, 17:14
Biffo the Bear
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This is so childish. I think I might patent using your eyes to look at something and then invoice Humanity with a licence fee.
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Old 26-10-2011, 17:23
david.boobis
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Didn't the Dutch court already throw this one out?
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Old 26-10-2011, 17:51
Kenny Maclean
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Who the hell is granting these stupid patents? Someone with an interest in apple perhaps?
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Old 26-10-2011, 18:11
Roush
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That patent is a bit broad isn't it? Surely HTC, Samsung and other manufacturers should have challenged it as prior art?
What prior art? Which touch screen devices used a motion gesture unlocking system prior to the iPhone?
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Old 26-10-2011, 18:27
BT@home
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What prior art? Which touch screen devices used a motion gesture unlocking system prior to the iPhone?
Had it on my android tablet earlier this year.
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Old 26-10-2011, 18:29
Roush
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Had it on my android tablet earlier this year.
I'm sure you did, but I'm also sure that tablet didn't exist in 2005 when Apple filed for this patent. The whole idea of prior art is that it needs to exist at a time before the patent applicant asserts that they invented it.

There is no Android product that pre-dates the iPhone or iOS (or iPhone OS as it was then).
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Old 26-10-2011, 18:54
paul2307
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To me it just a desperate company trying everything it can to defeat the competition , now that Jobs has gone and this time can't come back to save them they realise that there will be no more innovation (or theft of others ideas, whichever way you want to put it) , the sooner they are put out of their misery the better
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Old 26-10-2011, 19:42
barky99
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patent was filed June 2009 .... yes, seems very broad .... might actually get invalidated anyway?
they're not doing a very good job of defeating the competition right now .... 20% for iOS phones to android OS phones 50% in the shipped/sales chart
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Old 26-10-2011, 20:45
Roush
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patent was filed June 2009 .....
The touch screen unlocking patent was filed in December 2005.
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Old 26-10-2011, 20:47
skimminstones
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it wont affect the majority of handsets. the patent specifically mentions swiping in a predetermined manner to unlock. Most other phones you can swipe anywhere on the screen to unlock.
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Old 26-10-2011, 20:55
IvanIV
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What's next? Black cashmere turtlenecks?
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Old 26-10-2011, 21:46
goomba
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Drat, I picked up the wrong patent initially, so edited this post.

I think Samsung used the Neonode N1 as prior art for this one in the Netherlands and won.

Side note - I always wanted a Neonode. What a cool little phone! Never actually seen one though.
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Old 26-10-2011, 23:50
Stiggles
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I think this is whats gonna destroy apple in the long run. They really don't have a bloody clue.
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Old 27-10-2011, 09:59
pumazooma
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I think this is whats gonna destroy apple in the long run. They really don't have a bloody clue.
You do know all the other companies do the same sort of patents don't you.

Why shouldn't they, or anyone else, try and protect their intellectual property? It's also the fault of the patent offices for allowing some of these things to actually go through as a patent.
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Old 27-10-2011, 10:12
flagpole
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You do know all the other companies do the same sort of patents don't you.

Why shouldn't they, or anyone else, try and protect their intellectual property? It's also the fault of the patent offices for allowing some of these things to actually go through as a patent.
there is no internal consistency to that post.

how are apple both protecting their intellectual property as well being true that the patent offices shouldn't let them through.

this is patent trolling. try enough of them and some of them will stick.

the patent office should catch them, but blaming them for this is like blaming the police for burglaries.
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Old 27-10-2011, 11:34
Rich2k
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there is no internal consistency to that post.

how are apple both protecting their intellectual property as well being true that the patent offices shouldn't let them through.

this is patent trolling. try enough of them and some of them will stick.

the patent office should catch them, but blaming them for this is like blaming the police for burglaries.
No patent trolling is when you have patents but don't actually implement what is patented.

All you then do is sue other people for using them

Patent protection when you have actually implemented it is something totally different. If there is prior art then of course it shouldn't be granted. If there isn't then under US law there is no reason it shouldn't be granted so long as it isn't obvious.

Now in 2005 this wasn't obvious, just watch the original iPhone launch in 2007 and hear the reaction when the phone was unlocked.

It maybe an obvious gesture now as most phones have it, but you have to think back to the patent filing date, not the granted date
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Old 27-10-2011, 11:58
flagpole
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No patent trolling is when you have patents but don't actually implement what is patented.

All you then do is sue other people for using them

Patent protection when you have actually implemented it is something totally different. If there is prior art then of course it shouldn't be granted. If there isn't then under US law there is no reason it shouldn't be granted so long as it isn't obvious.

Now in 2005 this wasn't obvious, just watch the original iPhone launch in 2007 and hear the reaction when the phone was unlocked.

It maybe an obvious gesture now as most phones have it, but you have to think back to the patent filing date, not the granted date
prior art or newness is not the only criterion necessary for patent.

there is also the requirement of non-obviousness or an innovative step. and that is where this patent will fall down. the fact that it hadn't been done before doesn't mean it wasn't obvious.....

phone's had always had screen locks operated by buttons. in a world where the buttons on phones are replaced by touch screen it is obvious, necessarily obvious that all the previous functions operated by the buttons would be replaced by the screen and the touch UI.

and it doesn't matter whether this is obvious to you and I. in terms of a patent it 'must not be obvious to a person skilled in the art.'
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Old 27-10-2011, 12:02
Rich2k
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prior art or newness is not the only criterion necessary for patent.

there is also the requirement of non-obviousness or an innovative step. and that is where this patent will fall down. the fact that it hadn't been done before doesn't mean it wasn't obvious.....

phone's had always had screen locks operated by buttons. in a world where the buttons on phones are replaced by touch screen it is obvious, necessarily obvious that all the previous functions operated by the buttons would be replaced by the screen and the touch UI.

and it doesn't matter whether this is obvious to you and I. in terms of a patent it 'must not be obvious to a person skilled in the art.'
Watch the iPhone launch keynote, a room full of people skilled in the art' and you'll notice that it wasn't obvious at the time
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Old 27-10-2011, 12:04
mmace
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What prior art? Which touch screen devices used a motion gesture unlocking system prior to the iPhone?
it was done in 2003 on a Windows smartphone, there's videos all over the web and Samsung used the actual phone to get that part of a lawsuit dropped against apple in a dutch court.

As usual, it was done by someone else years before Apple but Apple want people to think it's theirs.
This will NEVER hold up in any court due to the earlier phone using it and proving Apple just nicked it

here's the phone, skip to around 4 minutes to see the sliding to unlock (slide up for menu, sideways to unlock)
http://www.youtube.com/watch?v=Tj-KS...ature=youtu.be
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Old 27-10-2011, 12:31
finbaar
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Watch the iPhone launch keynote, a room full of people skilled in the art' and you'll notice that it wasn't obvious at the time

A room full of Apple fans in the main so not the sharpest tools in the box. If Jobs had done a big dump on the stage they would have been amazed at that and started to cheer.
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Old 27-10-2011, 12:53
denzil28
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Jees, lets bash Apple again for being a business!!!

Look, Samsung, Sony, Nokia and HTC all attempt to patent as much as they possibly can. Only Apple seems to come out in a bad light when a patent gets granted.

The patent that has been granted is quite specific to being 'Slide to Unlock'. This has been one of the iconic features of the iphone since day one and is right to be protected by Apple. If this had launched on a Samsung phone prior to the iphone, and was an iconic feature of one of their phones, then Samsung would be right to claim the patent (and sure as hell they would have done if they could have).

The question to prior art is a difficult one and only seems to be challenged by those companies who didn't get the patent and are pissed of that another got it and not them. If we're looking at prior art to debunk patent application, then every sci fi series and film is going to be trawled through for some hope that something similar was implied on film 20 years prior.

The fact is that Microsoft, for some reason, did not try and patent the 'Slide to Unlock' that is reported to have been used in 2003 (I can't view the video at present as youtube is blocked at work). This leaves the door open to whoever is first to file that patent and get it granted. If this patent had been granted shortly after the application in 2005, then nobody would be battering an eyelid about it. But becasue the patent office took six years to grant something that has been in use for 4 years already it makes Apple look bad that they are trying to steal features from other manufacturers.

The patent office needs to be much quicker at granting these patents and products should not be allowed to be released until all patent applications surrounding it have been granted (I don;t havea clue how this would work as I can see that other companies would just contest and block the release of every other product going. None of us would have a new phone no matter what format). The whole system is daft and retrospectively allowing patents to be granted when they were not in place for four years means othe companies have to remove features and that is not fair (again, this is not Apple's fault they applied BEFORE the iphone was released and BEFORE any other smartphones used the same feature).
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Old 27-10-2011, 13:03
mmace
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and BEFORE any other smartphones used the same feature.
nope, the "Neonode N1m" used it identically 2 years prior to the application which also means they came up with it before this time.
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Old 27-10-2011, 13:04
Stiggles
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Jees, lets bash Apple again for being a business!!!

Look, Samsung, Sony, Nokia and HTC all attempt to patent as much as they possibly can. Only Apple seems to come out in a bad light when a patent gets granted.

The patent that has been granted is quite specific to being 'Slide to Unlock'. This has been one of the iconic features of the iphone since day one and is right to be protected by Apple. If this had launched on a Samsung phone prior to the iphone, and was an iconic feature of one of their phones, then Samsung would be right to claim the patent (and sure as hell they would have done if they could have).

The question to prior art is a difficult one and only seems to be challenged by those companies who didn't get the patent and are pissed of that another got it and not them. If we're looking at prior art to debunk patent application, then every sci fi series and film is going to be trawled through for some hope that something similar was implied on film 20 years prior.

The fact is that Microsoft, for some reason, did not try and patent the 'Slide to Unlock' that is reported to have been used in 2003 (I can't view the video at present as youtube is blocked at work). This leaves the door open to whoever is first to file that patent and get it granted. If this patent had been granted shortly after the application in 2005, then nobody would be battering an eyelid about it. But becasue the patent office took six years to grant something that has been in use for 4 years already it makes Apple look bad that they are trying to steal features from other manufacturers.

The patent office needs to be much quicker at granting these patents and products should not be allowed to be released until all patent applications surrounding it have been granted (I don;t havea clue how this would work as I can see that other companies would just contest and block the release of every other product going. None of us would have a new phone no matter what format). The whole system is daft and retrospectively allowing patents to be granted when they were not in place for four years means othe companies have to remove features and that is not fair (again, this is not Apple's fault they applied BEFORE the iphone was released and BEFORE any other smartphones used the same feature).
Presumably MS didnt patent it simply because its such a stupid thing to patent in the first place.

Its kinda like someone putting a patent on the turning on of a television via the remote. Only an imbecile would do that.
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