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  • Invalid iPhone Patents Get Apple Involved in Another Lawsuit


    If you're not shocked that Apple is on the receiving end of another lawsuit, you're not alone. For as long as anyone can remember, the folks in Cupertino have been swatting at lawsuits like a swarm of mosquitoes buzzing around their heads. The latest legal news, however, has Apple taking fire from some within the world's largest mobile community.

    If you're not well-versed in Chinese law, here's what you need to know to understand the situation in which Apple now finds itself. Chinese law dictates that it's only possible to apply for "product-specific patents." In other words, if you obtain a blanket patent for a variety of products, the Chinese will not recognize the patent and it will effectively be rendered "invalid."

    Chinese-based Herron Network Information Co. has filed suit against Apple along with the Chinese Patent Bureau regarding Apple's blanket patents. According to MeizuMe: "Apple filed a patent covering three products. When the Patent Bureau saw that Apple did not specify what product the patent was for, they helped Apple register the patent for their mobile phone." The patent, however, simply pointed to a simple mobile device design with rounded edges, vertical display, and round master control button.

    Apple product knock-off makers will be paying very close attention to the outcome of this latest legal skirmish as the black market for fake or cloned Apple products has become a booming business. If Apple's patent is, indeed, deemed "invalid," it could open up the floodgates for "similar" products in China.

    MeizuMe
    This article was originally published in forum thread: Invalid iPhone Patents Get Apple Involved in Another Lawsuit started by Michael Essany View original post
    Comments 30 Comments
    1. athleticswimmer's Avatar
      athleticswimmer -
      Quote Originally Posted by CaptainChaos View Post
      When will the U.S. put its foot down and make people actually manufacture goods in the States again? It is time to see more 'Made in the USA' stickers on products.
      U.S.A will put its foot down when chinese people have "normal-shaped" eyes....NEVER!
    1. luvmytj's Avatar
      luvmytj -
      Interesting that China has such laws. I guess thats why they copy everything popular... cause they can.
    1. santiagodraco's Avatar
      santiagodraco -
      Quote Originally Posted by CaptainChaos View Post
      Except when it comes to Chinese people creating Chinese products in China. Then China has absolute right to question patents. The world doesn't revolve around the U.S. It revolves around the Sun.
      And you don't see how this law is specifically designed to give the Chinese a way to steal tech from US companies? /boggle
    1. Snozberries's Avatar
      Snozberries -
      Quote Originally Posted by Zokunei View Post
      I knew Apple's patents were always too vague.
      because you're a patent lawyer...

      Quote Originally Posted by 5h4d0w View Post
      Who cares what China, or any other country, says. It's an American Patent, so the Chinese have no say in whether or not it's valid.
      Wrong! It's an American Patent (trying) to be used in a Chinese Patent Bureau. Therefore the Chinese Patent Bureau can declare anything they want invalid.

      Common Cents - 1
      You - 0
    1. EskimoRuler's Avatar
      EskimoRuler -
      Quote Originally Posted by sziklassy View Post
      So when is US law going to become something like this? I never thought I would say this on China and their laws, but they completely have us beat on this one. Allowing "blanket" patents in our current system is a load of bull and I think everyone (including the people abusing the system in this way) knows it.
      serious, blanket patents leaves so much for different companies to try and get around certain patents and take you to court
    1. quidam_brujah's Avatar
      quidam_brujah -
      Quote Originally Posted by CaptainChaos View Post
      Except when it comes to Chinese people creating Chinese products in China. Then China has absolute right to question patents. The world doesn't revolve around the U.S. It revolves around the Sun.
      Wait---- whaaa????
    1. unison999's Avatar
      unison999 -
      Apple filed patent in China for protection, yet do not study the law of the land and do it right. Who's fault is that? It is very presumptuous of Apple to assume what works for U.S. applies to the rest of the world, kind of like certain CEO of the said company.

      Quote Originally Posted by Snozberries View Post
      Common Cents - 1
      You - 0
      I think it is:
      Common sense - 1
      You - 0

      Quote Originally Posted by santiagodraco View Post
      And you don't see how this law is specifically designed to give the Chinese a way to steal tech from US companies?
      And you do not see how a rich Apple corporation can not even have the common sense to hire a patent law office in China to do their patents so to make sure it is done right. It is always the fault of everyone else when it involves Apple right?
    1. RICO_'s Avatar
      RICO_ -
      Ah yes. Another patent lawsuit that will be undoubtedly swept under the rug or postponed to oblivion and forgotten in a month.
    1. skj8100's Avatar
      skj8100 -
      Quote Originally Posted by 5h4d0w View Post
      Who cares what China, or any other country, says. It's an American Patent, so the Chinese have no say in whether or not it's valid.
      If they want to sell their products in china they certainly have to "worry" about it....
    1. darryls's Avatar
      darryls -
      Quote Originally Posted by luvmytj View Post
      Interesting that China has such laws. I guess thats why they copy everything popular... cause they can.
      mabye a good news to the patent inventors.