US Patent Office, DoJ fed up with Apple, Samsung, Moto battles

Discussion in 'Mobile Devices & Gadgets' started by zerogear, Jan 10, 2013.

  1. zerogear

    zerogear Diamond Member

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    http://www.theregister.co.uk/2013/01/09/doj_pto_standards_essential_patent_policy/

    About freaking time.
     
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  3. elitejp

    elitejp Golden Member

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    And I think the system did it to themselves by some of the original rulings that they made when the complaints should have been laughed out of court. If suits kept getting thrown out, i dont think the companies would be actively trying to find new ones the way they are currently.
     
  4. BrightCandle

    BrightCandle Diamond Member

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    Companies have abuse the law really badly before they fix it. This nonsense has been going on for decades but having got so incredibly stupid and ridiculous over the last few years (when Apple tried to prove it was the best and this silly game when it sued like everyone at once, multiple times) that it finally hit hilariously expensive.

    I wonder how many legal jobs this thing created? 'Fixing it' could cost the economy quite a bit.
     
  5. MichaelBarg

    MichaelBarg Member

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    This has been a long time coming. Motorola and Samsung having been playing a dangerous game trying to leverage their standards essential patents against Apple and Microsoft. Now that competition authorities are involved, it's hard to believe either (or anyone else) will be able to get injunctions based on SEPs against anyone. The official releases give a user of the patents a pretty clear line not to cross to avoid injunctions. Basically they just need to agree that once a court has set a rate they'll pay it.

    Procedurally this is important because (unlike the recent FTC settlement with Google, which binds Googles conduct with regard to SEPs) it provides standing guidance to the ITC about how to view SEP lawsuits. Generally they give such guidance a lot of weight. It's not quite like changing the law, but it is giving the ITC clear instructions about how to interpret the law.
     
  6. PowerYoga

    PowerYoga Diamond Member

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    but rounded edges are innovative! Before apple invented rounded edges hundreds of millions of people were bleeding because companies used hard razor sharp edges on ALL their phones!

    Seriously though, the patent office operating in their mindset of the 1900s brought this on themselves. This is the first sensible thing they did in decades.
     
  7. ChAoTiCpInOy

    ChAoTiCpInOy Diamond Member

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    I like how Apple is mentioned in the article, but hasn't used its SEPs to sue the other companies.
     
  8. akugami

    akugami Diamond Member

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    Ban software patents
     
  9. annomander

    annomander Member

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    You do realise Motorolla and Nokia sued Apple first?
     
  10. TuxDave

    TuxDave Lifer

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    Yeah. I was think that this article isn't about what most people think it's about. It isn't removing method/software/design patents but instead it's about FRAND abuse.
     
  11. Mopetar

    Mopetar Diamond Member

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    I don't think they should be banned, but they definitely shouldn't exist in their current format. The problem is that you can't patent algorithms, which I think is utterly silly. You can patent a physical embodiment of one, but just not the idea itself. At best you can copyright it, but that's unlikely to be effective at protecting the investment to develop it.

    Really, any software patent granted should require an exact description of the algorithm using predicate logic, or some other method that allows for perfect reproduction of the algorithm, much like a patent should allow perfect reproduction of a physical invention. This also makes it easy to determine if a violation has occurred or if prior art exists as it's easy to simply compare an application with any existing patents to determine if it is actually unique or to what extent it is new and novel. It also prevents the obvious (this has been done before but not on a phone/tablet/microwave oven) patents that a lot of people complain about.

    Also, they really need to reduce the duration of any patents for non-physical objects, or possibly just all patents in general. Five years, and then a fee to extend the patent for another three years would probably be a reasonable amount of time.
     
  12. cheezy321

    cheezy321 Diamond Member

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    Yeah they are actually telling Samsung, Google et al to stop using FRAND patents to bully other competitors.

    Apple has not done this.