I think you're misunderstanding that message written. It looks to be that Apple is saying since this company has no employees, creates no jobs, etc. there's no reason for them to be creating a patent for a non-existing company. Sure, anyone can create a patent but if it's not used you do realize it can become null and void right? But then again, there's no proof as of yet that Smartflash invented anything.
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Apple Ordered to Pay $532.9 Million in iTunes-Related Patent Lawsuit
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I think you're misunderstanding that message written. It looks to be that Apple is saying since this company has no employees, creates no jobs, etc. there's no reason for them to be creating a patent for a non-existing company. Sure, anyone can create a patent but if it's not used you do realize it can become null and void right? But then again, there's no proof as of yet that Smartflash invented anything.
The patent system needs a rework.
There's a simple solution - in order to hold a patent, you must be actively developing, producing, selling and/or marketing a product which uses your technology. The idea of "licensing" patents should be gone too. it's your idea, use it, or lose it.
There's a simple solution - in order to hold a patent, you must be actively developing, producing, selling and/or marketing a product which uses your technology. The idea of "licensing" patents should be gone too. it's your idea, use it, or lose it.
What goes around, comes around for patent trolls and APPL has benefited from it in the past. Man up and pay the fine
They won't. All the others, even those for which Apple had actual cause, have dragged things through the court for 5 year plus and in the end the award has been much lower.
I think what Apple was getting at is that Smartfish is like that scene in Blazing Saddles where they are heading across the sands to the town, and hit the 'toll booth', and Mongo has to go back and get change so they can get to the town.
Also I didn't know that patents were nullified if they weren't 'used'. If that be the case, most patent trolls wouldn't exist. Right?
Lol
They are "exploiting" the patent system because the company successfully sued a major patent whore like Apple and won.
There is no reason today for Apple to be found in violation of any patent, Apple could have probably bought this company with money coming out of Apple's social committee's rainy day fund.
They are "exploiting" the patent system because the company successfully sued a major patent whore like Apple and won.
There is no reason today for Apple to be found in violation of any patent, Apple could have probably bought this company with money coming out of Apple's social committee's rainy day fund.
If the company was suing Apple - what makes you think they would have sold to them for less than what they might make in the suit?
I read somewhere that the backlog in the US Patent Office alone is hundreds of thousands of patents. And that's just one nation (albeit, probably the nation with the most patents). I can't imagine there's a company in the world that is aware of every patent that could affect their business, and know their potential liability arising from them.
A huge company like Apple certainly can afford to have departments/firms devoted to managing their patent portfolio and their potential patent liabilities. But to be honest Apple probably don't worry too much about infringing, they build what they need and can afford to pay settlements like this if they - knowingly or unknowingly - infringe on others' patents.
For smaller companies, it's much scarier. They could be put out of business by a single lawsuit from a company they've never heard of because of a patent they never knew of, because they're not patent experts and don't have the resources to hire people who are.
It introduces massive uncertainty and unknowns into running virtually any business. I'm surprised investors aren't far more spooked by it, they tend to hate uncertainty.
I'm not well versed enough in Patent Law - but I assume this applies
http://www.uspto.gov/web/offices/pac/mpep/s2204.html
"The period of enforceability is the length of the term of the patent plus the 6 years under the statute of limitations for bringing an infringement action"
I agree that these, so eloquently put by poster Robert.Walter, Extortionary Trolls are a blight on society. When a company exists solely to extort money through licensing or litigation, they bring no value to the equation. That's why it's so hard for me to have sympathy for Apple in this particular situation. Because based on what I bolded from your quote, Apple was just as guilty of this behavior as Smartflash.
1. Acquire patents from a failing or failed company - Nortel
2. Form a company that produces nothing - Rockstar Consortium
3. Sue large company for settlement or damages - Google & Samsung
4. File suit in patent holder friendly jurisdiction - Filed in East Texas
They've since backed away and divested themselves from Rockstar, but not before taking choice patents as a door prize. That doesn't change the fact they joined a group that spent $4.5 billion to do exactly what Smartflash is accused of doing. It's sort of hard to complain about patent trolls when you were recently one as well.
FYI - insider trading is both legal and illegal. http://www.sec.gov/answers/insider.htm
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$533 mil .... Pocket change for Apple.
Now where's that new iPod Touch Santa's been promising this year, eh?
Now where's that new iPod Touch Santa's been promising this year, eh?
This system is so funny, it actually wants patent trolls to exist and thrive.
If an entity does zero application of a patent, has not even filed the patent in the first place, probably bought the patent from another entity, which bought from another... and is then given 'damages' because some other entity fleshed out & practically applied the patent (which was a piece of paper idea all this time), then boy, every possible future invention is in patent violation of any comic which may predict it!
Why not, the comic practically outlined the idea! Oh, but it has to be 'patented' (a ridiculous admission of legality by governments which barely understand the depth at which patents should even be awarded) to be used in courts for sue-ability.
I like startups nowadays which are so quickly innovating new ideas that they are too busy to be filing patents for every damn possibility of their ideas.
If an entity does zero application of a patent, has not even filed the patent in the first place, probably bought the patent from another entity, which bought from another... and is then given 'damages' because some other entity fleshed out & practically applied the patent (which was a piece of paper idea all this time), then boy, every possible future invention is in patent violation of any comic which may predict it!
Why not, the comic practically outlined the idea! Oh, but it has to be 'patented' (a ridiculous admission of legality by governments which barely understand the depth at which patents should even be awarded) to be used in courts for sue-ability.
I like startups nowadays which are so quickly innovating new ideas that they are too busy to be filing patents for every damn possibility of their ideas.
Several companies make software products. Trolls like this patent different possible ways to accomplish features that exist in those products with the idea that eventually one of the products will use one of their patented methods. If you understand anything about software development, you would understand why it is so outrageous that this is allowed. You have to understand, there is virtually no software programming solution to problems like the ones patented that haven't already been figured out and used many times over. The idea that you could patent such a thing is beyond absurd. To continually allow this would make it virtually impossible to even create software in the future. The fact that Apple, Samsung and Google are on the same side of this should tell you something. This has nothing to do with Apple hate or fandom. It is a potentially crippling issue that is being decided by people who don't know enough to realize how wrong it is.
Wow, what a spunky little company
.. going after ALL the big boys including Apple, Samsung, Google and Amazon. 
So little guys deserve no protection?
You have the best idea but lack the resources to make it happen so you simply lose out?
That is a horrible solution.
"Smartflash has also filed patent infringement lawsuits against Samsung Electronics Co Ltd, HTC Corp and Google Inc."
From the Reuters article.
http://www.reuters.com/article/2015/02/25/us-ip-apple-verdict-idUSKBN0LT0E720150225
I wonder what else they own?
From the Reuters article.
http://www.reuters.com/article/2015/02/25/us-ip-apple-verdict-idUSKBN0LT0E720150225
I wonder what else they own?
The company that was awarded has no product, makes no products, sells no products. Why do you stand so firmly on your belief that Apple had stolen this technology when all you have available to you for your research is superficial hear say?
Wow, what a spunky little company….. going after ALL the big boys including Apple, Samsung, Google and Amazon.
The way the court system works, it's not a true David vs Goliath.... so it's not 'spunky' at all.
The Davids of the world can sue a Goliath for millions for no cause at all. Since it's so costly to defend a lawsuit, the Goliaths usually settle instead of paying lawyers for years. It's CHEAPER to settle.
Well, the lawyers LOOK for the Davids of the world to get easy money because they know how things work. More settlements = more money.
Something has to change with the court system for this to be fixed. But it's not 'spunky' at all - it's harmful to everyone BUT the lawyers involved. Every product you buy is more expensive now because it has some part of it going to cheats like these Davids.
Some Davids might be legit, and maybe that was the reasoning at first. But it's really gotten out of hand. Wait until you invent something successful, totally by yourself, then some stranger who has no part of your success tries to take a huge portion of what YOU earned. Then you'll sing a different tune.
If this "little guy" company had actually made the technology and used the technology, then sure. In this case, the two companies that did, were dismissed and all that was left was the patent troll.
Yes, the true little guys deserve protection.
But it's gotten way out of hand now where people are taking ADVANTAGE of this.
If you have read people's explanations of why they are called trolls, how could you possibly not understand. Where did they say it was because they are a foreigner or don't create US jobs? That's absurd. They are trolls because they patent or purchase the patent something that they don't use with the sole purpose of catching someone else using it to extort money from it. In the case of these software patents, they are so generic and give them patent protection over "inventions" that have been used by programmers all over the world before there even was a patent on it. The system is beyond absurd and you will notice that anyone with a software development background is completely outraged by it because of this. If you understood what was actually going on you would be outraged too and completely understand why they are called trolls. It's not an Apple thing, it's a consumer thing.