Nope, it's not a moot point.
When something is already used by others, even if you didn't know it, you cannot patent it.
That's what a prior art search is supposed to find.
So the next question is then, did anyone sue over it? Did anyone win or lose over said suit? Seriously, Steve Jobs could have drawn an iPad 20 years ago on a napkin and patented it before anyone ever thought to do so. And only started to use it recently. Or not, either way. I want to see proof, facts, actually cases that went in either direction.
Not fanboy or hater, but want to know actually what is the case.
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Before Apple got into this market, Google made it clear that its primary reason for getting into this space was to make sure Microsoft didn't dominate the mobile market like it did with the desktop market. This was to ensure that Google had a fair playing ground to compete with Microsoft's mobile ad business. There were no restrictions in the mobile device category like there was placed on the desktop. Meaning Microsoft was free to only support its ad network in its mobile OS. If Microsoft became a dominant player in the mobile space, this would effectively lock Google out of what was becoming a very large market.
Google's Android was a clone of Blackberry/WinMo the two best selling mobile operating systems in the US. at the time. From Google's own files (released during the Oracle trial)...
http://tech2.in.com/news/smartphones/googles-first-android-phone-prototype-was-a-blackberry-lookalike/301732
http://www.huffingtonpost.com/2012/04/26/google-phone-2006-first-android_n_1455345.html
And of course a prototype in the wild captured in late 2007...
http://gizmodo.com/334909/google-android-prototype-in-the-wild
Furthermore I'm not saying Google stole anything, but it is clear that they went back to the drawing board to create something that was more like the iPhone then what they initially intended on releasing. Like I mentioned in a previous post, the entire user interface and interaction was completely changed to attempt to resemble the way the iPhone worked.
After the release of the first Android phone, the T-Mobile G1, it was painfully obvious this is exactly what they did. The touch interface was half-assed as if it had been bolted on; it wasn't responsive, it only worked in some parts of the OS and it didn't support multi-touch.
We're not talking about features here... We're talking about the feel of the device and the way it works- the overall experience. This is what Steve Jobs was upset about - You don't need a multi-touch based interface to have similar features. The fact is the iPhone was very unique in how you used it, the interface, the interaction. And I'm not talking about a grid of icons, I'm talking about redesigning the interface for finger based touch input. No other company had done that, they all relied on desktop controls; scroll bars, menus, etc. Apple had to re-imagine the touch interface and it was even more difficult because they supported multi-touch.
This is why copy and paste took so long. You couldn't simply click and drag... there is no clicking on a touch interface. If you put your finger down and dragged it, the interface panned or scrolled. On devices previous to the iPHone, in order to pan or scroll, you used scroll bars. So copy&paste were much easier and obvious to implement, because outside of the scrollbar was the content that could be selected/highlighted.
Enjoyed reading that.
Also the use of the stylus. Which was around for like a decade or so. Making the interface of say,... WM phone easier to use. Same for Palm and even back to the Newton. Your "finger" as a means of using the phone solely was pretty hard to do at the time given the GUI you had to work with, and even the touch screen itself. Not all of them were very good. Didn't give that responsiveness (or at least correctly all the time) we now enjoy. Some of them were just slow in its feedback.