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This is actually a victory in my opinion for everyone but Apple. Apple lost the meat and potatoes of their argument. Samsung changes the photo editor and case closed, everyone moves on. This hurt gamble has done more damage to Apples reputation than it did protecting its "IP".

Good one. Apple didn't lose anything. They received the preliminary injunction that they requested. Just because some claims were rejected as grounds for a preliminary injunction, doesn't mean they are rejected as part of the actual lawsuit.
 
Yeah I couldn't agree more. Software patents definitely need a revamp to achieve that consistency. I own both Android and iOS devices and the two OS each has their own strong points and shortcomings. Both platforms can benefit so much by co-existing peacefully and not trying to wipe another out by invoking ridiculously broad patents. For example, the notification centre will finally be included in iOS5 not to mention that Android has certainly borrowed its fair share from iOS given their lead. In the end it's a win for consumers everywhere.

Similarly, Apple is "stealing" MSFTs camera features such as swiping left to get to the reel + hard-button for faster access. As we work out how to make sense of touch, we are way better off exploring together than creating unnecessary forks.
 
Yeah, it's pretty pathetic that they're doing this. This is not good at all for the consumers - I actually wanted to buy a Galaxy S2.

This is totally anti-competitive behavior. I love your products Apple, but I'm really starting to hate you as a company.

This is a consequence of the current patent system and is not Apples fault. Appleare required to defend their patents even in the most tenuous cases otherwise the failure to defend will be used against them in future cases.

This does not fit the definition of anti-competitive behaviour

http://en.wikipedia.org/wiki/Anti-competitive
 
re original article

a good thing - though aapl didnt get all it was asking for
also good judge ruled earlier than expected
"cant always get what you want..." - rolling stones
 
I'm not certain that I understand the objection to protecting one's patents. If you invent something, whether or not everything thinks that it's great and, in hindsight, obvious, why should you not have the opportunity to get credit, income, and rights to your work?

Because if you allow obvious patents it will be very difficult to invent anything new. Your new invention probably violates a number of obvious patents which you will have to license which may severely hamper your potential profit margin.

This means that obvious broad patents are actually much more valuable than real inventions because the more obvious it is, the more $$$ you'll collect in license fees. Your financial incentive for inventing stuff would be pretty much gone, whereas patenting something obvious would be much more lucrative.

Also, if software patents were great why do software developers hate them?
 
I'm not familiar with European Patent laws but I would have thought that a single optional (on android) application does not constitute the banning of a whole device, simply the app.

While it's not a direct comparison, windows versions in the EU have several application differences than the US and (where I live) Australia. Seeing as this is the case I'm surprised that the ruling is "These devices may not be used" rather than "These devices must be released with an alternate application"

As an owner of a GS2 I can say that there are some things which appear to come from iOS, and some features that iOS didn't have and I'm enjoying a lot.

I should also like to point out that all of the claims regarding "Look and Feel" seem to have been rejected, meaning that (in the eyes of the EU) these galaxy devices do not copy the iPhone (A bit of a stretch regarding the GS2, although I do think the GS1 does look like a big iPhone 3GS)
 
Samsung swiped the swipe? :p

1 vote here for the "Surely that's too obvious to patent, that's just a design decision not an innovation" side.

you say this now, but if it is so why did previous devices, even touch screen devices use prev/next buttons for so long?
 
Good one. Apple didn't lose anything. They received the preliminary injunction that they requested. Just because some claims were rejected as grounds for a preliminary injunction, doesn't mean they are rejected as part of the actual lawsuit.

According to Engadget, they did have a patent invalidated. Still, it seems worth it so far given the news!

A dutch IP attorney has pointed out that the judge has ruled patent 1,964,922 to be null and void, meaning Apple can no longer make claims in the Netherlands based on this patent.
 
It's amazing how many things become "so obvious" only after Apple does it, isn't it?

Others know how to make things.
Apple on the other hand knows how to make or use things and generate a lot of money from them.
 
That said, I remember this patent. It's a little more specific than just swipe. Let me review it.

Yes, is more specific and the infringement only applies to Android 2.3 and not to Android 3.x

Not that easy... any software release would have to be by Google, then they'd have to pass it on to all the network operators to play with it...

No, it doesn't have to pass through Google
 
In my opinion Apple is playing ball in a game that was already playing long before they started to become significant in the marketplace. I remember seeing a graph anew weeks ago with the amount of patents Apple has compared to some competitors and I was surprised to see that they actually (comparatively) don't have that many.

It is not important whether these cases are fair, mean or whatever. The point is that in order to become and remain successful an electronics manufacturer needs to patent the hell out of it's devices or else other companies will do it for them.

If Apple doesn't challenge any infringement of their patents, then they won't stand a chance in court when other companies infringe on the same patents. As long as the USPTO and EPO don't change their policy, this is a game that all need to play, whether they like it or not. The shareholders of Samsung, Apple, Microsoft et al. demand it.
 
Yeah, it's pretty pathetic that they're doing this. This is not good at all for the consumers - I actually wanted to buy a Galaxy S2.

This is totally anti-competitive behavior. I love your products Apple, but I'm really starting to hate you as a company.

Stop buying their products. That is the only message that they will understand.

Similarly, Apple is "stealing" MSFTs camera features such as swiping left to get to the reel + hard-button for faster access. As we work out how to make sense of touch, we are way better off exploring together than creating unnecessary forks.

It's ok when Apple copies.
 
I've been doing touch apps for decades on devices large and small, fixed and portable, capacitive and not.

One problem is with the types of patents being allowed:

- A detailed patent on a touch detection algorithm might make sense.

- A patent on what we call a "gesture vocabulary" should never be allowed. That includes using multiple fingers to do different tasks, swiping of any kind, gesture sequences and so forth.

You see, many of these things have been thought of long ago, but no one thought to patent them because they're human gestures. The fact that Apple got any of these type of patents, just tells me that the examiners have very little touch experience... and that gesture patents of any kind should be banned. It's like patenting the way you play a guitar chord.

That said, I remember this patent. It's a little more specific than just swipe. Let me review it.

Lets hope so. I mean, given that the swipe-animation was established before touch itself one would argue that its a fairly obvious course for someone building a touch-based image gallery (not to mention that we use the exact same operation every other time we want to move around between screens).
 
Also, if software patents were great why do software developers hate them?

I think mostly management, executives and lawyers love them. :-D

Most developers couldn't care less for the most part, as long as they can be happy coding and getting paid.

I do think that they are a necessary evil, because we can't all be virgin nerds living in mom's basement working on GPL stuff. Maybe the application of the patents is wrong, but we do need some IP protection. Some of us have families and houses and as such need a revenue stream.
 
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