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Thread: USPTO Invalidates Apple's Previously Validated Multitouch Patent

  1. #1
    MMi Staff Writer Akshay Masand's Avatar
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    Default USPTO Invalidates Apple's Previously Validated Multitouch Patent


    Apple seems to be a bit more vulnerable as of right now when it comes to its court cases as the United States Patent and Trademark Office (USPTO), which usually lets companies fight over patent validity in court, decided to rule that Apple’s massive multitouch patent is invalid. The ruling seems to be the case, at least for now but just like they approved it before, they may approve it again sometime in the future. The whole situation is actually rather confusing but Florian Mueller of FOSS Patents explains the premise behind the situation quite well:

    I have said on various occasions that first Office actions and other non-final Office actions are just preliminary. Many patent claims that are rejected at this stage do ultimately survive. There are many steps inside the USPTO, followed by a potential appeal to the Federal Circuit (and in a few cases even the Supreme Court). Some people say that first Office actions are partial because they are based only on submissions made by those challenging the patent, and many examiners like to take a tough position early on in order to enable and require the patentee to present the strongest arguments in favor of validity. But it would be a mistake to underestimate the significance of a first Office action. Also, a complete rejection of all claims of a given patent is potentially more devastating than one affecting only some claims.
    Apple’s large multi-touch patent is one that Apple asserted in its litigation before. What remains to be seen is how and if the changes affect current and future litigation, which it likely will in some way, shape, or form. As of right now, it seems as if the patent was challenged and now its Apples turn to respond.

    Source: FOSS Patents via iMore

    Twitter: @AkshayMasand

  2. #2
    Note- the original 1st post was removed after I made the following comment. So my post does not refer to the original story, but to a post denigrating Apple and its policies

    Sorry- what did you say?

    And why?

    If you don't like Apple, why are you posting on a site dedicated to Apple products?

    You know, Apple is secretly making the Black Helicopters that the U.N. is using to come and get you and put you in camps and take away all of your rights and make you into a communist drone.

    Sorry- now I'm doing it. (:

    (Actually, the U.N. uses Microsoft equipment for their Black Helicopters- shhhh, it's a secret.)
    Last edited by mr117; 12-09-2012 at 09:46 AM.

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  4. #3
    Quote Originally Posted by mr117 View Post
    Sorry- what did you say?

    And why?

    If you don't like Apple, why are you posting on a site dedicated to Apple products?

    You know, Apple is secretly making the Black Helicopters that the U.N. is using to come and get you and put you in camps and take away all of your rights and make you into a communist drone.

    Sorry- now I'm doing it. (:

    (Actually, the U.N. uses Microsoft equipment for their Black Helicopters- shhhh, it's a secret.)
    I agree there are some apple haters here, however when it comes to legal you don't have to hate apple to disagree with their legal decisions

  5. #4
    Quote Originally Posted by mr117 View Post
    Sorry- what did you say?

    And why?

    If you don't like Apple, why are you posting on a site dedicated to Apple products?

    You know, Apple is secretly making the Black Helicopters that the U.N. is using to come and get you and put you in camps and take away all of your rights and make you into a communist drone.

    Sorry- now I'm doing it. (:

    (Actually, the U.N. uses Microsoft equipment for their Black Helicopters- shhhh, it's a secret.)

    Thank you, we need more people like you here

  6. #5
    iPhoneaholic Norb's Avatar
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    1) Build a business
    2) Use a foundation to protect your intellectual property
    3) Assume that your property which you legally gained continues to be your
    4) Continue investing in intellectual property that you believe to be protected.
    4) Find out that you built on the sink hole called the US patent system.

    Sorry I don't agree with everything... Apple is Apple and yes they did patent a lot. But really if you get these patents passed and find out you can patent such things, well you keep investing on that. Only thing wrong with Apple is the foundation they built upon and trusted...

  7. #6
    Looks like our OP hit and ran (away- edited his post all the way out). Basically, and in fractured English, he suggested that Apple would sue anyone in the world who used the word "Multitouch" including him (he used it twice in his comment). He also suggested that Apple ("fapple") was the devil and everyone should know it. And that... well, you know, I guess that Apple should die and be no more because of its legal behaviors.

    Now, I can agree that sometimes Apple acts a bit like a bully, and I am very displeased with the way it locks down the iOS's, and I doubt I would have enjoyed getting high with Steve (based on a read of the book about him)- not that I do that anymore. And I should say that I own a few shares of Apple stock. But Apple is a corporation. It makes decisions based on bottom line, not on "goodness" or "kindness" or... It isn't a Deadhead, or a do-gooder, or... Its job is to make money. I'm happy that it plans to bring manufacturing jobs back to the US. But anyone who expects it to act their version of "nice" is, to put it kindly, a simpleton. You want nice, kiss your mom or give money to a homeless person or pay attention to your teacher in class (we love that).

  8. #7
    Livin the iPhone Life
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    The quote basically says patents gets denied and denied again, but these companies keep pushing and pushing eventually it gets passed no matter how invalid it is. Which explains how Apple can get ridiculous patents approved, because they can keep pushing and pushing.
    Tell me how valid is black square shape with round corner patent or the retina patent is and which company holds it.

  9. #8
    Patent Patent Patent... This all apple knows.. If cydia could patent most of it tweaks ... iOS would look very ridiculous considering the fact that apple always copy cydia tweaks and mods in their OS.. Yet show no appreciation..

  10. #9
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    Quote Originally Posted by Norb View Post
    1) Build a business
    2) Use a foundation to protect your intellectual property
    3) Assume that your property which you legally gained continues to be your
    4) Continue investing in intellectual property that you believe to be protected.
    4) Find out that you built on the sink hole called the US patent system.

    Sorry I don't agree with everything... Apple is Apple and yes they did patent a lot. But really if you get these patents passed and find out you can patent such things, well you keep investing on that. Only thing wrong with Apple is the foundation they built upon and trusted...
    apple has patents on things apple CLEARLY did NOT invent, they stole it. slide to unlock being one such example. apple also makes claims to ideas they did not innovate--the app store being one such example.

    apple does not use lawsuits to protect IP they use them to hurt competition because they have fallen behind and have no real solution to catch up.

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  12. #10
    Seriously? Apple is a bully (like all companies), but it has invented quite a few things, and implemented many others that it "adapted." But patenting something is what all businesses do. Some even wait around and then challenge other company's patents. Dog eat dog world out there. Jobs kind of nabbed the trackball idea for a mouse. Gates kind of nabbed Apple's menu system. It doesn't make a company bad (unless it nabs YOUR idea), just "normal." As to Cydia apps, yes, Apple takes the ideas and makes them its own. It bugs me, too, that Apple didn't make the iPhone as good a phone as it could be from the git go. But Apple implementing ideas is not patent infringement. Only if they take the code is that so.

  13. #11
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    Quote Originally Posted by mr117 View Post
    Seriously? Apple is a bully (like all companies), but it has invented quite a few things, and implemented many others that it "adapted." But patenting something is what all businesses do. Some even wait around and then challenge other company's patents. Dog eat dog world out there. Jobs kind of nabbed the trackball idea for a mouse. Gates kind of nabbed Apple's menu system. It doesn't make a company bad (unless it nabs YOUR idea), just "normal." As to Cydia apps, yes, Apple takes the ideas and makes them its own. It bugs me, too, that Apple didn't make the iPhone as good a phone as it could be from the git go. But Apple implementing ideas is not patent infringement. Only if they take the code is that so.
    apple has been found guilty of patent infringement (as well as trademark infringement) some of it like steeling the iPhone name was blatant and obvious--they felt like they were entitled to using another companies name even when that company was selling iPhones for almost 10 years before the iPhone.

    how could you say apple implementing ideas is NOT patent infringement when other companies do it apple calls it infringement and files law suits.

  14. #12
    <sigh> Dog eat dog. If you don't like Apple, don't buy its products. Don't post on Apple blog sites. I simply said that all companies do it. If you have an issue with that, move to a desert island where there are no companies. Or use two tin cans and a string for a phone. Because they all do it.

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    Quote Originally Posted by mr117 View Post
    <sigh> Dog eat dog. If you don't like Apple, don't buy its products. Don't post on Apple blog sites. I simply said that all companies do it. If you have an issue with that, move to a desert island where there are no companies. Or use two tin cans and a string for a phone. Because they all do it.

    Its a free country, the internet is free and if you dont like peoples posts, dont read them--Im as entitled to an opinion as you are., not to mention the fact that Ive owned more apple products than you.

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