NNSquad - Network Neutrality Squad
[ NNSquad ] Re: [IP] Nuclear War' in Patent Fight With HTC -- you can't run that App
Date: Thu, 4 Mar 2010 09:03:32 -0600 From: Rich Truex <truexr@gmail.com> Subject: [ NNSquad ] Re: [IP] Nuclear War' in Patent Fight With HTC -- you can't run that App To: Bob Frankston <Bob19-0501@bobf.frankston.com> Cc: nnsquad@nnsquad.org, Donald Norman <don@jnd.org>, Dan Bricklin <danb@bricklin.com>, Bob Frankston <bob2-39@bobf.frankston.com>, ip <ip@v2.listbox.com> *I was curious why patents last 17 (actually 20) years and found this. It seems another example of how our laws in the analog world have become outdated in our digital world. We need to update our laws to take into account digital "property" (the DRM issue Bob mentioned) and the fact that patents today are not protecting Masters from their apprentices...unless Apple is the master and all others are apprentices.* * * *How long does a patent last?* Patents last 20 years from the date of filing of the first patent application that includes the claimed invention. Patent lifespans used to be 17 years from the date of issuance, but that term was changed by the General Agreement on Tariffs and Trade (GATT) agreement in 1995. Older applications are subject to a grandfather clause that gives them the later of two possible expiration dates. *How did they come up with 17 years?* Back in the days of yore, people apprenticed themselves to master tradesmen to learn a trade. The apprenticeship lasted for seven years. Out of custom and courtesy, the apprentice would not practice any special little tricks or techniques, those secrets that his master had taught him that weren’t generally known in the trade (i.e. inventions), for a period of two apprenticeships, or fourteen years, after the apprenticeship ended. The abstinence period assumed that the master had developed his inventions smack dab in the middle of the seven year apprenticeship, or three-and-a-half-years before it ended. The total length of time that an ex-apprentice would refrain from using his master’s inventions was therefore (3 ? + 7 + 7) years, or 17 ? years. Rounding down gave a 17 year monopoly for the inventor. On Wed, Mar 3, 2010 at 6:51 PM, Bob Frankston <Bob19-0501@bobf.frankston.com > wrote: > This also raises some troubling issues about patenting the basic elements > that we use to internalize our world. In his *Psychology of Everyday > Things* Don Norman noted objects communicate with us. For example there’s > a reason why a door seems to want to be pushed vs. being pulled by the > implicit message in the way the handles are arranged. > > > > What are the implications of patenting basic methods of interacting with > devices using motion and gestures? In some ways it’s akin to patenting genes > – it’s patenting basic aspects of our behavior and ourselves. It’s also > denying us a common language of gestures and actions. > > > > Such patents can indeed force innovation and reward creativity but, as with > DRM, We need to be very wary of collateral damage. > > > > To avoid another note on DRM I’ll quickly observe that DRM denies us > “property” rights by limiting us to be tenants or lessees. I use quotes > because this isn’t classic property in the ability to exclude – just in the > ability to improve upon. Those who most favor DRM seem to want to limit > exclusive ownership to just a few. This is the world of naïve spoils > capitalism – the one that locks down silos and views antitrust as an > infringement on the rights of grabbiest. > > > > What happened to the idea of patents encouraging sharing after a short > period of time – 17 years is no longer short. > > > > > > *From:* nnsquad-bounces+nnsquad=bobf.frankston.com@nnsquad.org [mailto: > nnsquad-bounces+nnsquad <nnsquad-bounces%2Bnnsquad>=bobf.frankston.com@ > nnsquad.org] *On Behalf Of *Bob Frankston > *Sent:* Wednesday, March 03, 2010 17:47 > *To:* dave@farber.net; 'ip' > *Cc:* nnsquad@nnsquad.org > *Subject:* [ NNSquad ] Re: [IP] Nuclear War' in Patent Fight With HTC -- > you can't run that App > > > > Is this the Apple app-store imposed on the world? > > IANAL. But perhaps some lawyers on the list can tell me what happens if HTC > ships a phone with hardware capable of multi-touch but third parties use the > feature in applications. Who is violating a patent and what can Apple do > about it? > > How general are these patents? Can one patent the concept of using gestures > to unlock a device. The paperclip and its variants have been a classic > example of patents. With software are locking out whole swaths of > possibilities because software is so flexible? > > IANAL so I can ask – is the Piano a multi-touch device? > > > > -----Original Message----- > From: David Farber [mailto:dave@farber.net] > Sent: Wednesday, March 03, 2010 16:32 > To: ip > Subject: [IP] uclear War’ in Patent Fight With HTC > > > > > > > > Begin forwarded message: > > > > From: "CONNIE GUGLIELMO, BLOOMBERG/ NEWSROOM:" <cguglielmo1@bloomberg.net> > > Date: March 3, 2010 4:15:45 PM EST > > To: dave@farber.net > > Subject: (BN) Apple Starts ‘Nuclear War’ in Patent Fight With HTC > > > > fyi > > > > > +------------------------------------------------------------------------------+ > > > > Apple Starts ‘Nuclear War’ in Patent Fight With HTC (Update3) > > 2010-03-03 21:13:22.471 GMT > > > > > > (Updates share price in 20th paragraph.) > > > > By Susan Decker and Connie Guglielmo > > March 3 (Bloomberg) -- When Steve Jobs unveiled the iPhone > > in 2007, he said Apple Inc. had applied for more than 200 > > patents for the device and was ready to enforce them. Now, Apple > > is putting those words into action. > > Apple filed a patent-infringement complaint against > > Taiwan’s HTC Corp. yesterday, seeking to prevent U.S. imports of > > phones that run Google Inc.’s Android operating system. The > > decision to take the case to the International Trade Commission > > signals that Apple wants to curb HTC’s market share gains as > > quickly as possible, said Lyle Vander Schaaf, a patent lawyer > > with Bryan Cave LLP in Washington. > > “It’s like nuclear war,” said Schaaf, who specializes in > > cases before the ITC in Washington, where Apple filed complaints > > over 10 patents. “If you really want to have an effective > > remedy to protect your rights, you go to the ITC. Once you’re > > there, there’s no going back.” > > The ITC can act more quickly than a court, and its power to > > ban imports is often more important in a rivalry than the cash > > damages possible in a civil case. Apple also filed a patent suit > > in federal court in Wilmington, Delaware, claiming infringement > > of 10 additional patents, including one for technology that lets > > people work the iPhone by touching the screen with two fingers. > > > > $13 Billion Phone > > > > HTC dropped 2 percent to close at NT$323.5 on the Taiwan > > Stock Exchange, the biggest decline since Feb. 8. The island’s > > benchmark stock index rose. The stock has lost 12 percent this > > year, compared with the 6.8 percent drop in the Taiex index. > > Apple generated $13 billion in sales from the iPhone in the > > year ended in September, accounting for 30 percent of total > > revenue. Industrywide smartphone shipments are expected to > > increase 46 percent this year, according to market research firm > > Gartner Inc. Overall handset sales will rise 11 percent to 13 > > percent. > > “We can sit by and watch competitors steal our patented > > inventions, or we can do something about it,” Jobs, 55, said > > yesterday in a statement. “We’ve decided to do something about > > it.” > > Apple, based in Cupertino, California, isn’t commenting > > beyond the statement yesterday, said Steve Dowling, a company > > spokesman. > > Google says it isn’t a party in either case. “However, we > > stand behind our Android operating system and the partners who > > have helped us to develop it,” the Mountain View, California- > > based company said. > > > > Apple vs. Nokia > > > > Apple and Nokia Oyj, the world’s biggest handset maker, > > have each filed ITC complaints seeking to block imports of the > > other company’s phones. In addition, in a Delaware suit filed by > > Nokia, Apple has accused Nokia of trying to strong-arm a > > licensing deal for Apple patents. Apple has said it doesn’t want > > to license its patents. > > “We’re certainly not in the business of licensing good > > ideas,” Tim Cook, Apple’s chief operating officer, said at a > > shareholder meeting Feb. 25. “That’s not why we’re here. That’s > > not what our business is about.” > > The ITC handles a variety of patent cases, from foldable > > stools made in China to a dispute over the hybrid engine in > > Toyota Motor Corp. vehicles. It has also become a key venue for > > high-stakes technology disputes over computer chips and > > electronics. > > Samsung Electronics Co. and Sharp Corp. had each won orders > > to block imports of liquid-crystal display televisions made by > > the other company, before they settled their dispute. Nvidia > > Corp. is challenging a judge’s finding from January that its > > computer-graphics chips infringe patents owned by designer > > Rambus Inc. > > > > Multitouch Feature > > > > Yesterday’s ITC case involves how operating systems work on > > mobile phones, while the Delaware suit includes the multitouch > > patent. Multitouch lets people work the iPhone by touching the > > screen with two fingers and making swiping motions, allowing > > them to quickly enlarge or shrink photos or Web pages. > > Multitouch is one of the 10 patents asserted against HTC in the > > civil suit. > > One of the other patents in the civil case is for a way of > > using a specific gesture to unlock a touch screen as an > > alternative to a password. Others are for inventions related to > > the movement of icons, managing power and sensors to detect user > > activity. > > > > Validity of Claims > > > > “We have not yet had the opportunity to investigate the > > filings,” Linda Mills, a spokeswoman for Taoyuan, Taiwan-based > > HTC, said in an e-mail. “Until we have had this opportunity, we > > are unable to comment on the validity of the claims being > > made.” > > Apple was granted 289 patents in 2009, up from 186 in 2008, > > according to IFI Patent Intelligence, a unit of Wolters Kluwer > > NV, Europe’s biggest tax and legal publisher. That’s less than > > the 648 that Nokia was awarded last year, based on an IFI > > analysis. Still, quantity doesn’t always matter -- all it takes > > is one patent to persuade the ITC to issue an exclusion order. > > In 2007, the agency ordered a halt to tens of millions of > > mobile-phone imports because Qualcomm Inc. chips inside them > > infringed a Broadcom Corp. patent for a battery-saving feature. > > The ban never went into effect, and was later overturned because > > phone manufacturers didn’t have the chance to take part in the > > legal process. > > “The commission has already showed they were brave enough > > to block a multimillion-dollar product from the U.S. market,” > > Schaaf said. By contrast, judges in district courts often force > > parties to settle because of the complexity of cases, he said. > > Apple gained 48 cents to $209.33 at 4 p.m. New York time in > > Nasdaq Stock Market trading. The stock has more than doubled in > > the past 12 months. > > > > Market Share > > > > HTC’s global market share rose to 6.9 percent of smartphone > > sales last year from 6 percent in 2008, according to Gartner. > > That made its phones the fourth most popular. Apple, in third > > place, increased its share to 16.1 percent of the market from > > 10.7 percent. Research In Motion Ltd.’s share was unchanged, > > while Nokia, the No. 1 smartphone maker, lost ground. > > Nokia started the fight with Apple, filing suit in October > > when the two companies were unable to reach a licensing > > agreement. Espoo, Finland-based Nokia is trying to maintain > > market share amid competition from Apple and RIM, maker of the > > BlackBerry. > > “You’ve got the ‘smartest kids on the block’ attitude and > > some of it is quite well deserved,” said Robert Yoches, a > > patent lawyer with Finnegan Henderson in Washington who’s been > > following the cases. “They also feel that this is the way to > > hold onto market share. Even if they can’t keep someone out, > > they can keep some competitive features out.” > > The Delaware case is Apple Inc. v. HTC Corp., U.S. District > > Court, District of Delaware (Wilmington). The ITC complaint is > > In the Matter Of Certain Personal Data and Mobile Communications > > Devices and Related Software, Complaint No. 2715, U.S. > > International Trade Commission (Washington). > > > > For Related News and Information: > > Top legal stories: TLAW <GO> > > Bloomberg legal resources: BLAW <GO> > > Most read legal stories: MNI LAW <GO> > > For the Bloomberg Law Digest: BBLD <GO> > > For litigation issues: BLIT <GO> > > Apple and litigation: AAPL US <Equity> LITI <GO> > > > > --With assistance from Amy Thomson and Steven Fromm in New York, > > Brian Womack in San Francisco and Tim Culpan in Taipei. Editors: > > Jonathan Thaw, Nick Turner > > > > To contact the reporters on this story: > > Susan Decker in Washington at +1-202-624-1941 or > > sdecker1@bloomberg.net; > > Connie Guglielmo in San Francisco at +1-415-617-7134 or > > cguglielmo1@bloomberg.net > > > > To contact the editors responsible for this story: > > David E. Rovella at +1-212-617-1092 or drovella@bloomberg.net; > > Jonathan Thaw at +1-415-617-7168 or jthaw@bloomberg.net > > > > > > > > ------------------------------------------- > > Archives: https://www.listbox.com/member/archive/247/=now > > RSS Feed: https://www.listbox.com/member/archive/rss/247/ > > Powered by Listbox: http://www.listbox.com > -- Richard Truex truexr@gmail.com