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Apple's Multi-Touch patent not so strong to sue competitors

Chaks   on 03 February 2009 - 06:39 · 39 comments & 9066 views

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Just a few days after Apple officially secured a patent for its touchscreen technology used in iPhone and iPod touch, Apple's interim CEO Tim Cook warned its iPhone competitors that the company will use any and all weapons to keep its intellectual property from getting ripped off. Though the comment was not aimed specifically at anyone, many experts concluded that it was directed at Palm and its new upcoming Palm Pre.

Jim Goldman, CNBC, reports that wireless analyst Pablo Perez-Fernandez of Global Crown Capital has given a
detailed note on how financially dangerous and difficult will it be for Apple if it decides to go after Palm.

Perez-Fernandez's report says that if Apple goes after Palm, it could also wage patent war against HTC, Garmin and Research in Motion since all of them use some form of the 'multi-touch' interface, specifically the 'pinching' motion to control images on the screen. He also added that US Patent Office may have erred in its awarding of the Apple patent which may be in violation of a patent already awarded to the University of Delaware. He also argues that the Bell Labs, and other universities, companies and research labs work with many of the same gestures that Apple has patented.

Perez-Fernandez points out that Apple also tries to pre-empt Microsoft's use of multi-touch in Windows 7 and to trademark multi-touch, which is ridiculous since the term has been used openly for a long time. Apple has no legal ground to stand on, and if were to move forward with any litigation based on this, it could prove more threatening to itself.

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(3 replies) #1 RAID 0 on 03 Feb 2009 - 08:30
FTFA: Perez-Fernandez points out that Apple also tries to pre-empt Microsoft's use of multi-touch in Windows 7 and to trademark multi-touch...

Yeah, good luck with that one. Too bad Windows 7 went to beta before Apple was granted their patent.
#1.1 +Berserk87 on 03 Feb 2009 - 08:34
but not before there submition of the patent.
#1.2 epple on 03 Feb 2009 - 10:11
I thought the multi-touch in Win 7 came from Vista?
#1.3 excalpius on 03 Feb 2009 - 11:26
Um, they ALL got the multitouch interface from researchers years ago.
(1 reply) #2 +Berserk87 on 03 Feb 2009 - 08:35
I want to see Palm go after Apple for there patent infringements, just to shut up iphone people.
#2.1 dimithrak on 03 Feb 2009 - 14:32
Well Palm sadly won't do as well as people expect it to. Mainly due to the carrier they are with. Sprint? are you kidding me. Also, yeah there are just way to many phones that look like each other ever since the iPhone came out. I really doubt palm would capture a major chunk of market share. Just way to late to enter the market
(1 reply) #3 ZeroHour on 03 Feb 2009 - 08:58
I knew that patent was dodgy regardless of what LTD said.
#3.1 GP007 on 03 Feb 2009 - 09:06
Since when does LTD know about patents?

In the original article about Apple getting it, many others posted how others have had an been using touch before Apple and it's iPhone.

And seeing how the new Palm is looking good, hell, I'd want them to try something, see what happens.
#4 XerXis on 03 Feb 2009 - 09:39
no **** sherlock, another useless patent
(6 replies) #5 +tunafish on 03 Feb 2009 - 10:46
Wait's for LTD to come and twist this somehow or come up with some BS excuse!

Why should they be able to patent an idea that was invented ages ago for free
#5.1 waqastariq on 03 Feb 2009 - 11:20
tunafish said,
Wait's for LTD to come and twist this somehow or come up with some BS excuse!

Why should they be able to patent an idea that was invented ages ago for free

+1
#5.2 GP007 on 03 Feb 2009 - 11:24
Only time will tell if he does. Any bets on a no show?
#5.3 +tunafish on 03 Feb 2009 - 11:28
GP007 said,
Only time will tell if he does. Any bets on a no show?


He can't resist his apple sense is tingling.

I hope their patent gets chucked out, as it' using technology that was invented years ago
#5.4 excalpius on 03 Feb 2009 - 11:28
It's late. When his Apple sleeps, so does he.
#5.5 darkmanx21 on 03 Feb 2009 - 12:37
GP007 said,
Only time will tell if he does. Any bets on a no show?


Hahahaha! Doubt it; he'll say something for sure! That guy loves Apple.
#5.6 rm20010 on 03 Feb 2009 - 17:50
As much as I disagree with some of his views, you people are acting childish by baiting out his name on every Apple related article. Similar behaviour is not tolerated in the Gamers Hangout forum. Let him comment if he needs to, no need to throw out fishing hooks.
#6 excalpius on 03 Feb 2009 - 11:27
Dear Tim Cook,

Blow me.

Love,

The Rest of the Industry
(6 replies) #7 LTD on 03 Feb 2009 - 12:09
You're all prognosticating about a device that doesn't exist.
#7.1 +tunafish on 03 Feb 2009 - 12:13
LTD said,
You're all prognosticating about a device that doesn't exist.

So what we have in this video here http://www.neowin.net/news/main/09/02/01/n...e-video-emerges

is just a smoke screen and not real? Looks real to me, and looks quite good
#7.2 Mista T on 03 Feb 2009 - 14:24
And he shows his face................hahahahahahahahhaha
#7.3 rm20010 on 03 Feb 2009 - 17:47
Wow. You're kidding, right?

If someone said the iPhone is all smoke and mirrors back in January 2007, would it still hold water in your eyes?
#7.4 Recon415 on 03 Feb 2009 - 19:38
Typical...
#7.5 LTD on 03 Feb 2009 - 19:40
Until the Pre hits the shelves it doesn't exist on the market.

I hesitate to speculate about a non-existent device, much less a patent battle that is imaginary, the full details of which we aren't privy to, were they even to exist.

All we can be absolutely certain about is that Apple already has a multitouch device on the market that is firmly entrenched, and they have the legal force of patents on that device - whatever degree of legal force that affords them.

We can also be absolutely, unequivocally certain, that any company (no matter how large or small) that goes against Apple in a legal proceeding will by default face a difficult, uphill battle. Apple knows litigation, and Apple usually ends up on the winning side, or at the very least, in a much better position than its competitors. This is the same company that held Microsoft over a barrel in 1997 and extracted some serious concessions. Apple blackmailed, fought, and manipulated itself right back from the brink. And now folks like Michael Dell are eating it, having made public statements years ago that were so obvious and believable at the time. This is the same company that wiped Apple clone makers off the face of the earth and even helped themselves to their ideas afterward. And this is the same company that dictates to the music industry, and the music industry listens because it knows what's good for them. Apple can not only wage a very drawn out battle, it can also eat associated costs with no problem. Even back in the days when they had only a fraction of the profits and cash in the bank that they enjoy now, they were equally dangerous.

Apple's main strength is not really its cash reserves, but rather, its track record when it comes litigation. Apple is uniquely manipulative and aggressive in this area.

All contenders against Apple need to eat their porridge and otherwise come prepared for a long and very expensive fight.

Last edited by LTD on 03 Feb 2009 - 21:10
#7.6 +dead.cell on 03 Feb 2009 - 21:58
tl;dr: They play dirty and are no better than any other company that takes whatever action necessary to fill their greed. Welcome to the business world.
(3 replies) #8 Grandaevus on 03 Feb 2009 - 12:29
According to this very fine reading there is no multi-touch patent, at least not in this patent:
Engadget Article: Apple vs. Palm: the in-depth analysis

Maybe everybody should just calm down a little before getting all freaked out in advance?
#8.1 Beastage on 03 Feb 2009 - 13:18
Yea it was one of the better unbiased articles engadget did

Apple can't sue anyone because they have no real claim.
#8.2 LTD on 03 Feb 2009 - 20:53
Beastage said,
Yea it was one of the better unbiased articles engadget did

Apple can't sue anyone because they have no real claim.


Apple's claims will be decided by the courts, if it ever comes to that. And even if it does come to that, the public will only be made aware of partial details before there is any ruling.
#8.3 excalpius on 03 Feb 2009 - 22:22
Apple just filed the patent to preemptively intimidate the patently uneducated. No major player is fooled by this BS.
#9 Mista T on 03 Feb 2009 - 14:20
LTD just STFU..........cant stand an apple fanboy.
#10 Erikas on 03 Feb 2009 - 15:27
It is such a shame more people are concerned with making comments about other users then actually discussing the topic. No wonder some of these posts have so many comments.
#11 Sevan on 03 Feb 2009 - 15:45
Wouldn't that make them a monopoly?
#12 Shadrack on 03 Feb 2009 - 17:18
Other than zooming in and out of things, does multi-touch have any other uses?
(2 replies) #13 CRTrials on 03 Feb 2009 - 21:04
Here's an interesting read http://www.billbuxton.com/multitouchOverview.html how can they patent something that's existed since the 80's?
#13.1 LTD on 03 Feb 2009 - 21:12
Apparently Apple knows something the rest of us don't.

They're usually several steps ahead when it comes to these things. I don't think your point is lost on them or their legal team.
#13.2 excalpius on 03 Feb 2009 - 22:23
^^ wow, do you really not know what you're talking about.

repeat: Apple just filed the patent to preemptively intimidate the patently uneducated.
(2 replies) #14 Kojio on 04 Feb 2009 - 02:13
Apple cannot sue anybody over their worthless Multi-Touch patent, without giving precedent to Microsoft(and a dozen other companies) to sue them. Microsoft Surface came out before the Apple IPhone, and I'm sure a dozen other technologies came out before Microsoft Surface.

This is the same situation as when Apple stole their MacOS interface from Xerox. When Microsoft came out with Windows 3.0, Apple couldn't sue Microsoft for infringement, without giving precedent for Xerox to sue Apple.

Karma is a bitch, isn't it Apple? :-)
#14.1 LTD on 04 Feb 2009 - 02:56
Kojio said,
Apple cannot sue anybody over their worthless Multi-Touch patent, without giving precedent to Microsoft(and a dozen other companies) to sue them. Microsoft Surface came out before the Apple IPhone, and I'm sure a dozen other technologies came out before Microsoft Surface.

This is the same situation as when Apple stole their MacOS interface from Xerox. When Microsoft came out with Windows 3.0, Apple couldn't sue Microsoft for infringement, without giving precedent for Xerox to sue Apple.

Karma is a bitch, isn't it Apple? :-)


Apple did not legally steal anything from Xerox. Xerox's lawsuit against Apple in 1990 was dismissed.

In the mid 1980s, Apple considered buying Xerox. But a deal was never reached and Apple instead bought rights to the Alto GUI and adapted it into to a more affordable personal computer, aimed towards the business and education markets. The Apple Macintosh was released in 1984, and was the first personal computer to popularize the GUI and mouse amongst the public.

Xerox management consented to Jobs and others having a three-day full access visit to PARC even after one of the PARC managers complained that Apple would take the concepts that they saw and run with them. Apple paid for this visit quite handsomely. It wasn't free. Jobs liked and was fixated on the concept of the graphical user interface, which by the way is simply a computer science concept and can therefore no more be stolen than the algorithm for hashing can be stolen. Not a single line of Xerox's code for the Alto is or has ever been in the Mac OS, so Apple did nothing more than develop a marketable product using a concept that Xerox allowed them to see.

The whole "Apple stole from Xerox" schtick is nothing more than a myth.

And at the moment, no one is suing anyone. We don't actually know exactly how and to what extent Apple can proceed against anyone in this situation. There are currently no legal proceedings of that nature underway between Apple and Palm, and we're obviously not privy to any information about cases that don't exist. And even if there was such a case underway between Apple and Palm or Apple and whomever else, we certainly wouldn't be privy to all the documentation anyway.

There is no karma at work here, just wild assumptions. All we know for certain is that Apple now legally owns the iPhone patents they filed for. That's all.

Last edited by LTD on 04 Feb 2009 - 04:40
#14.2 Kojio on 04 Feb 2009 - 23:45
You are writing complete BS. I dare you to cite your sources. I will go ahead and cite mine:

New York Times
Apple Computer Inc. v. Microsoft Corporation, 35 F.3d 1435 (9th Cir. 1994)

Apple never "bought" the rights to ALTO. They stole the interface by snatching up the Xerox programmers who worked on the GUI. Xerox simply wasn't interested in pursuing litigation at the time. It's the same thing as snatching $5 from my hand and running away; If I don't bother chasing you down, you are not exonerated from being a thief.

Xerox believed that a "Graphical user Interface" is much like a mechanical one, and impossible to protect by copyright. Remember, this is back when the copyright system was not a complete embarrassment. It was only after Apple tried to sue Microsoft over copyright claims that Windows GUI looked too similar to MacOS, Xerox then filed suit claiming MacOS looked too similar to ALTO. When the suit against Microsoft fell apart, so did Xerox's suit against Apple.

You can blow smoke all you want about Saint Jobs until your cheecks turn blue; facts are facts. Apple stole the MacOS GUI from Xerox's ALTO. They never bought the rights, just the programmers. Programmers =/= rights. End of story.
#15 +tunafish on 04 Feb 2009 - 13:01
2001: Diamond Touch (Mitsubishi Research Labs, Cambridge MA) http://www.merl.com/

· example capable of distinguishing which person's fingers/hands are which, as well as location and pressure

· various gestures and rich gestures.

· http://www.diamondspace.merl.com/

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