Neowin.net - Microsoft, Apple in iPod patent tussle

Microsoft, Apple in iPod patent tussle

Posted by anthony on 12 August 2005 - 18:02 · 28 comments & 3846 views

While Microsoft has struggled to challenge the iPod in the market, the software giant's lawyers have managed to slow Apple Computer's attempt to patent its digital music technology. In a ruling issued last month, a patent examiner rejected Apple's attempt to patent some of the user interface concepts behind the popular digital music player, noting that Microsoft developer John Platt filed for similar claims five months before Apple did.

A Microsoft executive noted on Friday that the company is always open to licensing its technology.
"In general, our policy is to allow others to license our patents so they can use our innovative methods in their products," David Kaefer, Microsoft's director of intellectual property licensing, said in a statement. "Microsoft and Apple have previously licensed their respective patent portfolios to one another and we maintain a good working relationship with Apple."

But in an interview, Kaefer agreed that it may be a bit premature to speculate that Apple will have to send Microsoft a check for each iPod. Although the decision is considered "final" in patent office terminology, Apple will have the opportunity to try and redefine the scope of its patent so it does not overlap with Microsoft's patent application. It is also unclear what, if any role, a 1997 agreement between Apple and Microsoft will have. Although the five-year deal has expired, it is theoretically possible that the claims raised in the patent applications might somehow be covered.

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News source: ZDNet

NVIDIA Reference Card - X-bit Labs | nV News | Guru3D | TrustedReviews | AnandTech *ALL NEW*
This is the stock reference card provided to review sites by NVIDIA. It is clocked at 400/1000 and isn't available for retail purchase.

eVGA - Guru3D | GDHardware.com *NEW*
eVGA is offering two models of their 7800GT. The first is essentially a reference card with an eVGA branded cooler slapped on. It has the default 400/1000 clocks and comes only with the standard-faire bundle items such as DVI-D-sub adapters, VIVO connectors, and a power splitter. The second model comes pre-overclocked to 445/1076 and ships with the full version of EA's Battlefield 2. eVGA has also recently introduced a lifetime warranty on its cards.

BFG Tech - [H]ard|OCP | Tweak Town *NEW*
Famous for offering most of their cards pre-overclocked and with lifetime warranties, BFG has made no exception with their 7800GT. The card comes clocked at 425/1050. The bundle is the standard stuff, with no games included. It does come with a copy of Ulead VideoSuite 9SE.

Leadtek - VR-Zone
Leadtek's cards have been known to be great overclockers. Their card comes overclocked at 450/1050 and bundles with two great games - Prince of Persia: Warrior Within and Splinter Cell: Chaos Theory. Chaos Theory is a great benchmark for your card's power when antialiasing and HDR are enabled.

XFX - Hot Hardware | The Tech Report | Neoseeker | Hexus.net
XFX's card also comes pre-overclocked at 450/1050. The bundle offers full versions of X²: The Threat, Far Cry, and MotoGP 2. While no gamepad or t-shirt is included as with the XFX 7800GTX, most people would agree that games are more worthwhile. After all, that's what you bought your card for, right?

PNY
PNY's card doesn't come with any impressive features. It isn't pre-overclocked and doesn't come with any bundled games. PNY does however make solid video cards. For a limited time, if you buy one through Newegg you'll get a free 2GB mp3 player ($179.99 value) with purchase.

Point of View - Guru3D
This is a lesser known player in the video card market, but they have been around a while. Basically providing reference cards, the 7800GT is no exception. The core is clocked at the standard 400MHz, but the RAM however comes in at 1053MHz. It also comes with a very nice games bundle, which includes Far Cry, Splinter Cell: Chaos Theory, and Thief 3: Deadly Shadows.

Asus *NEW*
The 7800GT from Asus appears to be a stock card with an Asus sticker slapped on the reference cooler. The clocks are stock (400/1000), and the bundle includes Joint Operations: Typhoon Rising, Project Snowblind, and Xpand Rally as well as some Asus branded software. An Asian hardware site has photos of what could be an upcoming revision of Asus's 7800GT.

Look for more cards to be added as information becomes available.

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(6 replies) #1 Posted by SoNiCfReAk on 12 Aug 2005 - 18:19: It would be sad to see Apple have to pay royalties to M$ for something that they created that being said software patents are evil.

#2 Posted by ataris_kid on 12 Aug 2005 - 18:23: Hahahah, the only thing I can say to this is "owned."

(2 replies) #3 Posted by EduardValencia on 12 Aug 2005 - 18:25: gentlmen start your engines!!!!!!!!!!!!

this is already usual to me,let's see who has the best muscle

#4 Posted by xp1ode on 12 Aug 2005 - 18:27: lmao owned indeed, that would be really messed up if apple has to give MS royalties for each and every ipod. It would be fun tho, and i bet is going to be even more fun to watch these 2 battle that patent out, even tho MS already has it "technically".....

(2 replies) #5 Posted by Help on 12 Aug 2005 - 18:28

QUOTE

"In general, our policy is to allow others to license our patents so they can use our innovative methods in their products,"

Your "innovative methods"??

Hardly.

I hope Apple get what they made and deserve. (the iPod patents)

In the mean time, I bet Apple is busy making Longhorn interface patents, THAT would be funny!!

Last edited by 48274 on 12 Aug 2005 - 18:38

#5.1 Posted by phedot on 12 Aug 2005 - 18:54

QUOTE

In the mean time, I bet Apple is busy making Longhorn interface patents, THAT would be funny!!

That's why the UI in Beta1 isn't the same in Final

#5.2 Posted by memodude on 12 Aug 2005 - 19:20: Creative should get the patent, because they came up with the iPod UI first anyway.

#6 Posted by CrisCr0ss on 12 Aug 2005 - 18:29: wow, a slap to apples face.

I guess thats what happens when you get patents involved

#7 Posted by Jugalator on 12 Aug 2005 - 18:58: Thanks to the ambiguity of them, there'll always be a patent to pick up when your business is doing bad.

(2 replies) #8 Posted by eagleye on 12 Aug 2005 - 19:03: Apple CO. Staff %

90% lawyers trying to sue everyone
8 % admin jobs
2 % who really try to come up with something usefull

#9 Posted by bucko on 12 Aug 2005 - 19:18: If they cant get it patented then they will just change the user interface to a better way of navigating? Thats what I would do anyway if I got in all this mess.

#10 Posted by vlsi0n on 12 Aug 2005 - 19:27: well, ms does have the patent, the apple fanboys can say whatever they want but apple will have to angle thier words, or come up with something new..

#11 Posted by Englishkid on 12 Aug 2005 - 21:59: Apples don't have faces so i fail to see how they can be slapped in the face

#12 Posted by dp123 on 12 Aug 2005 - 23:00: People need to read the more rational and accurate stories; this piece is just fluff:

http://www.forbes.com/technology/personaltech/2005/08/12/microsoft-apple-patent-cx_ld_0812microsoft.html

http://www.businessweek.com/technology/content/aug2005/tc20050812_8251_tc024.htm

(1 reply) #13 Posted by pickleman on 13 Aug 2005 - 02:01

QUOTE

"Apple invented and publicly released the iPod interface before the Microsoft patent application cited by the examiner was filed."

As I recall, there has been more than one person "inventing" the same type of product or application in the past. And, if I recall, the person with the patent wins out.
In other words, Apple might have publicly released the interface but since they have no patent on the technology or parts of it anyway, they should have to pay whatever royalties the courts say they have to. ( If any)

#13.1 Posted by Darkinspiration on 13 Aug 2005 - 16:24: Nope. If the patent was filled after the introduction of a competing product. It should invalidate it. That's called prior art.

#14 Posted by Ugly Mugly on 13 Aug 2005 - 17:32: This is a non-story. Just go here and scroll down: http://www.businessweek.com/technology/content/aug2005/tc20050812_8251_tc024.htm

"PART OF THE PROCESS. When word of the matter made the rounds of tech gossip sites, it got more than a few observers snickering at Apple's apparent setback. Actually, it was nothing of the kind. "Neither of these are market-controlling patents," Crouch says. "

#15 Posted by pagal on 15 Aug 2005 - 02:09: lol, I'm no MS fan but if this actually happens and apple ends up paying the royalty it'll be the funniest ****.
thumbs up jobs' ass...0wn3d!!!

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