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The patent that was granted was for a gesture control in a web browser session, not all things multi touch. :rolleyes:
Try reading... saves one from embarrassment.

Even the Fingerworks patents do not cover all multi touch implementations, they only cover certain implementations and those are extremely limited in themselves.

For the last time... Apple does not own patents for all things multi touch.

The two patents that HTC got busted for are not even critical and not related to multi touch anyway.
I know one is for data detection in emails and SMS messages.

Even I'm surprised people are going mad about it. :rolleyes:

I think HTC should pay up if they stole Apple's intellectual property. And then put out a variant of Android to fix these issues as the openOS is going to take a while to do that.

HTC ain't going no where. :D
 
If the moderators will not ban you for spamming then at least introduce some functionality in the site where you can ignore individuals posts.

You can choose to ignore all posts made by individual members. Click the members name and select View Public Profile. Then click on the User Lists drop down menu and select Add to Ignore List.

You can also add or remove members to and from your Ignore List in the User Control Panel (User CP).
 
Have you ever heard of type inference? Have you ever taken a course in formal logic or semantics?

One of us has written a non-trivial compiler, methinks.

Yes. Yes. And both of us apparently. So I will give you this.... type inference is one area that compilers does in fact attempt to infer something from the syntax and context. But the rules are still explicit as to when you have to annotate with casts and such to disambiguate. This is certainly one of the problems in C++ where you have multiple cast operators on a class and you call a function that does not take the type of the object you pass but takes both of the other types that you can cast to. The inference of the polymorphism breaks down and you get an error at compile time regarding the ambiguity.

I will retract from "compilers do not infer anything", but I still believe that everything you are doing is intentional and is fundamentally explicit from the developers point of view. There are strict rules about what the compiler can and cannot infer based on the syntax and context you give it.

The reason I was so adamant about it is because when somebody emails free-form text without markup (e.g.: HTML) they are not explicitly designating which parts of the texts are links to websites and which part are phone numbers or dates or tracking numbers. There is not even a grammar that defines a structure for that email. It is literally free-form text. However, parts of that free-form text may have structures that match specific regular expressions and are therefore identifiable with some degree of confidence. So somebody with no knowledge or expertise in markup language can construct a message that will automatically get marked up. TO me that is true "inference". When I code something I fully expect the executable to do whatever I told it to according to the rules of the programming language I am using -- no more, no less.

Bear in mind that I do NOT think that Apple has a patent on inferring links from emails -- since their patent, as it is written, would exclude server-side CGI-type applications from infringement for simply rewriting something that looks like a link as a link. The reason for exclusion is because that server-side code is not providing the handler for that link which is one of the elements of their claim nor is it making the input path from the user available -- it is simply processing text. I don't even think Apple could go after Google because they have server-side code + Google Chrome browser since the server-side code will talk to any browser via HTML and Chrome can be used to point at non-Google websites. This would, however, be applicable in desktop mail clients that picked up on email addresses and URLs in the body of an email message though and provided handlers for them.

That part of the argument was only to establish that inferring something from a piece of text is not in any way novel.

I fully agree with you -- inferring something is in now way novel in and of itself -- it is only one aspect that is a requirement of the infringement, but it is not sufficient for infringement. The thing about these claims is that you can do any one part of them or any combination of parts of them you like so long as you are not doing all of them in the specified way (or something that does them and more). For example, I could take Apple's claim and add something non-obvious to it and go patent that. That would just mean that I would have to license Apple's patent to implement my own, and that Apple in turn would have to license my patent if they wanted to implement my enhancement. Anybody else who wanted to implement my hypothetical patent would have to license from both parties.

If they did, that might make the patent truly innovative. It's not really about prior art here, but the below is. What Google does is much more sophisticated. It is the basis of Google Translate, BTW.

I'm darn sure that Google Translate is far more sophisticated and far more specialized than what Apple is doing with this patent. But the "value" in this patent is its wide applicability. Sometimes the most valuable patents are fairly straightforward -- especially once you see them (they just make sense).

Full disclosure: I haven't actually used Lotus Agenda. I've only read about it and the product that was directly based upon it (Chandler).

Full disclosure: neither have I. I just read about it. But it seems very different than the goal and implementation of Apple's patent.

I'm confident they'll be able to get these patents thrown out on their own.

Maybe. Maybe not. Certainly Motorola feels strongly about it since they have filed lawsuits to invalidate these patents. I am just not inclined to so readily dismiss patents as obvious with 15 years of experience and hindsight working in my favor. Motorola/HTC needs some prior art that is the same or very closely analogous to Apple's claims to defeat it. Screaming "it's obvious!" fifteen years after the fact is not going to do it since it already past the non-obvious test with a patent examiner over a decade ago.

I fully believe that Android did not set out to "steal" Apple's IP. I'm sure some developer saw this feature on a plethora of apps and mobile phones for years from Apple and others (after all Apple has either licensed this one or has not enforced it). Then they implemented this same thing and just happened to step on the mine that was buried over a decade ago.

There is no better analogy for patents than the "mine field". Personally, I think it sucks. The stakes in this whole patent race just keep going up and it reminds me more and more of the nuclear arms race -- with patent trolls representing the radical terrorist regimes that have nothing to lose by launching a nuke. Some folks are calling for total disarmament -- maybe that is the answer, but then I just see the little startups getting squashed by the big boys who just steal all their innovations.
 
What Skype tool bar does is find phone numbers in the text of webpages and show them as links, clicking on that link starts a phone call through Skype. I think it does infringe then.

So if it is a plugin to the browser that launches the desktop version of Skype, then it certainly sounds like it infringes. Good thing that Microsoft bought Skype. I am fairly confident that Apple and Microsoft are cross-licensed on thousands of their patents and I am betting that neither wants to sue the other and open that can of worms

Incidentally, the reason Palm could so blatantly use Apple's patents in WebOS is because Apple was using Palm's patents in iOS (old Palm patents). Neither company licensed to each other from my knowledge, but neither wanted to open the can of worms of suing one another.

The downside to a lawsuit between Palm and Apple would have been:

1) Both side stands the chance of getting patents invalidated (which may be patents that are currently generating licensing revenue).

2) One side may get patents invalidated and the other one not get them invalidated, thus opening the door for royalty payments (though this might have favored Palm since Apple sells far more smart phones)

3) Escalation of the lawsuit could prove very costly for both sides.

4) Competitors win while you fight each other (kinda like playing Risk and letting two sides beat each other while reserving your armies to take on the weakened winner).

Anyway, I think Palm may have sold many of their patents before being acquired by HP, but I am not sure. I am pretty sure that MS and Apple don't intend on going at it, but Jobs takes Google's "betrayal" very seriously, and that is why we see so many Apple/Android-Manufacturer lawsuits.
 
Wrong. The lawsuits HELP innovation. If a company is forced to come up with a new solution instead of using the solution patented by someone else, something NEW has been created - and that's what "innovation" means. Merely copying what someone else does (intentionally or not) is not innovation.


cant that also mean taking something that has already been done and making it better improving it? I just think all this sueing is because a few company are losing market share and using there patence to raise revenue to make up for they losses in the moble market.

If apple and android wasnt taking so much market share no one would care.
i also think that apple is sueing anyone that makes a android device just to slow them down a bit.

apple has nothing to worry about there a good hardware and software company they might not take total market share in the phone moble space but they dont need to , they have a great ecosystem and i know for a fact that lots of people would not switch to a aother phone cause they are too invested in the ecosystem to switch.

so those people would always be a iphone custermer and be the first to upgrade there phones. i always said that when the new iphone comes out there will be millions sold but i feel most of those phone are more phone upgrades then new users, i wish there was a chart to show phone upgrade or custermer retention and new users that puchase the iphone.

any one know how many new user purchase a iphone when verizon got it? also how many were just iphone or att user that just swich over.

excuse my spelling .
 
Patents

Well if people think that Apple's text patent is entirely obvious you should check this one which Google was awarded this year:

http://www.freepatentsonline.com/20110015919.pdf

"Displaying Original Text in a User Interface with Translated Text"

Yes, is a patent on how Google shows their translations, eg that text box that pops up in webpages translated via Google Translate showing the original text.
 
I think HTC should pay up if they stole Apple's intellectual property.

"Stole" is the wrong word. I doubt even Apple thinks that.

More likely, HTC/Google developers independently came up with both the concept and implementation, not knowing that Apple had managed to get a patent on the concepts years before.

So "infringed" is a better description.

Regards.
 
oh dear how sad apple!!!!.....cant keep up with the competition so you try to block em......you arnt the only computer maker you know.....pathetic company...ta ta to you and your overpriced junk!!:mad:
 
Yes. Yes. And both of us apparently. So I will give you this.... type inference is one area that compilers does in fact attempt to infer something from the syntax and context. But the rules are still explicit as to when you have to annotate with casts and such to disambiguate. This is certainly one of the problems in C++ where you have multiple cast operators on a class and you call a function that does not take the type of the object you pass but takes both of the other types that you can cast to. The inference of the polymorphism breaks down and you get an error at compile time regarding the ambiguity.

I will retract from "compilers do not infer anything", but I still believe that everything you are doing is intentional and is fundamentally explicit from the developers point of view. There are strict rules about what the compiler can and cannot infer based on the syntax and context you give it.

I agree. I think we misunderstood each other because I was thinking of inference in the formal sense.

Compilers will have to content with undecidability as well. On a very abstract level we can think of something as cast as a way to tell the compiler explicitly that we want this particurlar type to be used. Modern IDEs will even give you a list of the type correct options in a contextualized menu.

But I certainly agree that freeform text is a different matter. My point is that if you were to consider a possible way to attack this problem you would probably think of the analyzing phase in terms of parsers, grammars, and handler attached to specific parts of the analyzed text. This is basically an analogous method to the one described in the patent.

The reason I was so adamant about it is because when somebody emails free-form text without markup (e.g.: HTML) they are not explicitly designating which parts of the texts are links to websites and which part are phone numbers or dates or tracking numbers. There is not even a grammar that defines a structure for that email. It is literally free-form text. However, parts of that free-form text may have structures that match specific regular expressions and are therefore identifiable with some degree of confidence. So somebody with no knowledge or expertise in markup language can construct a message that will automatically get marked up. TO me that is true "inference". When I code something I fully expect the executable to do whatever I told it to according to the rules of the programming language I am using -- no more, no less.

I think the keywords here is "some degree of confidence". There are several ways of modelling this (HMMs come to mind) but Apple's patent doesn't cover the procedure in detail. The analyzing method is entirely non-trivial but is not explained in the patent. It is probably very different in each independently developed implementation. For example a reasonable full-text search engine will have rules baked in to handle such things as email addresses etc. For example, a search engine could be instructed to handle Ben & Jerry's as one token [ben&jerrys] instead of three [ben] [jerry] .

Notice that Apple (and others) actually do infer things in an explicit way (the analyzer). The patent even claims to use grammars for this.

It would be entirely reasonable to use CFGs for specifying structures in a text and that would be more powerful than simple regular expressions but it is not innovative in itself.

Bear in mind that I do NOT think that Apple has a patent on inferring links from emails -- since their patent, as it is written, would exclude server-side CGI-type applications from infringement for simply rewriting something that looks like a link as a link. The reason for exclusion is because that server-side code is not providing the handler for that link which is one of the elements of their claim nor is it making the input path from the user available -- it is simply processing text. I don't even think Apple could go after Google because they have server-side code + Google Chrome browser since the server-side code will talk to any browser via HTML and Chrome can be used to point at non-Google websites. This would, however, be applicable in desktop mail clients that picked up on email addresses and URLs in the body of an email message though and provided handlers for them.

But the browser will provide you with a contextual menu when you right click a link. You could even frame the problem as the server side being the analyzing server in question.

I fully agree with you -- inferring something is in now way novel in and of itself -- it is only one aspect that is a requirement of the infringement, but it is not sufficient for infringement. The thing about these claims is that you can do any one part of them or any combination of parts of them you like so long as you are not doing all of them in the specified way (or something that does them and more). For example, I could take Apple's claim and add something non-obvious to it and go patent that. That would just mean that I would have to license Apple's patent to implement my own, and that Apple in turn would have to license my patent if they wanted to implement my enhancement. Anybody else who wanted to implement my hypothetical patent would have to license from both parties.

That is probably not entirely true. The patent says that the user will be presented with a button to click that will analyze the text. This button is not present on the iDevice UI. I doubt HTC implemented it that way either. The patent also explicitly talks about an analyzing server. If you don't implement the analyzing part as a server that doesn't put you in the clear, apparently.

I find these differences entirely irrelevant but I'm guessing that the job of the judge is to distinguish between relevant and irrelevant differences.

I'm darn sure that Google Translate is far more sophisticated and far more specialized than what Apple is doing with this patent. But the "value" in this patent is its wide applicability. Sometimes the most valuable patents are fairly straightforward -- especially once you see them (they just make sense).

I think that the idea itself is both good and non-trivial. But Apple did not get the idea. If they had there might have been a point to the patent.

Maybe. Maybe not. Certainly Motorola feels strongly about it since they have filed lawsuits to invalidate these patents. I am just not inclined to so readily dismiss patents as obvious with 15 years of experience and hindsight working in my favor. Motorola/HTC needs some prior art that is the same or very closely analogous to Apple's claims to defeat it. Screaming "it's obvious!" fifteen years after the fact is not going to do it since it already past the non-obvious test with a patent examiner over a decade ago.

I fully believe that Android did not set out to "steal" Apple's IP. I'm sure some developer saw this feature on a plethora of apps and mobile phones for years from Apple and others (after all Apple has either licensed this one or has not enforced it). Then they implemented this same thing and just happened to step on the mine that was buried over a decade ago.

There is no better analogy for patents than the "mine field". Personally, I think it sucks. The stakes in this whole patent race just keep going up and it reminds me more and more of the nuclear arms race -- with patent trolls representing the radical terrorist regimes that have nothing to lose by launching a nuke. Some folks are calling for total disarmament -- maybe that is the answer, but then I just see the little startups getting squashed by the big boys who just steal all their innovations.

Then again today they might get squashed by patent threats with an option of cross-licensing which is de facto the same thing. A lot of companies are paying Microsoft protection money because Microsoft claim that the Linux kernel infringes on their patents (although they refuse to get into specifics).
 
I think HTC should pay up if they stole Apple's intellectual property.

Intellectual property is like saying imaginary millionaire. It only exists in your mind and that's the same place patents belong, in one's imagination. They are bad for society in general. The very idea of owning an idea is absurd, especially given it's impossible to think of anything new. In fact, it's impossible for a human to create anything new. It's all derivative recombinations of existing forms. The forms already exist. Hell, some say songs already exist and people just transcribe or transmute (e.g. Billy Joel wrote a #1 song when he dreamed it first, already fully composed).

The pharmaceutical industry has much more reasonable patent law. They allow much more reasonable amount of time to make a profit off a discovery of a new chemical compound. Hardware patents should have similar lifespans, IMO. Software patents shouldn't even be allowed to exist, but if they are, they should be far shorter yet. Society as a whole does not benefit from the very few or the one hoarding information.
 
The pharmaceutical industry has much more reasonable patent law. They allow much more reasonable amount of time to make a profit off a discovery of a new chemical compound. Hardware patents should have similar lifespans, IMO.

Huh?

In the U.S., at least, both pharmaceutical and hardware patents have the same lifespan - 20 years from effective filing date.
 
"Stole" is the wrong word. I doubt even Apple thinks that.

More likely, HTC/Google developers independently came up with both the concept and implementation, not knowing that Apple had managed to get a patent on the concepts years before.

So "infringed" is a better description.

Regards.

From some of the comments, I think "stole" is the word that some of the Apple fans are thinking of - as in "Eric Schmidt 'stole' the code for 'xxx' when it was being reviewed in an Apple board meeting".

Of course, many of the Apple fans who aren't wearing tin-foil hats will agree with your "infringe" explanation.
 
From some of the comments, I think "stole" is the word that some of the Apple fans are thinking of - as in "Eric Schmidt 'stole' the code for 'xxx' when it was being reviewed in an Apple board meeting".

Of course, many of the Apple fans who aren't wearing tin-foil hats will agree with your "infringe" explanation.

What Eric Schmidt was up to might fairly be described as "stole," depending on what happened.
 
Loosen the elastic headband on your shiny hat....

Look at it this way:

1) in his position as CEO, he had ultimate responsibility for Google's android strategy.
2) if he was aware that Android would not be competitive unless the plans were changed, he had a duty fix it.
3) as a board member at Apple he had access to information about iPhone that may have told him that android, unless changed, would not be competitive
4) as a board member at Apple he had a fiduciary duty not to reveal or act on non-public information he had about Apple products.

We don't know whether any information flowed through him from Apple to the Android team, but it's certainly a fair and reasonable question to ask given the information we know about Android and how it looked and what kinds of devices it was intended for prior to the iPhone.

http://www.youtube.com/watch?v=CW0DUg63lqU

"...and we've always been shameless about stealing great ideas."

You just proved his point.
 
The pharmaceutical industry has much more reasonable patent law. They allow much more reasonable amount of time to make a profit off a discovery of a new chemical compound. Hardware patents should have similar lifespans, IMO. Software patents shouldn't even be allowed to exist, but if they are, they should be far shorter yet. Society as a whole does not benefit from the very few or the one hoarding information.

sorry but the pharmaceutical industry is one of the worse industries at abusing and doing thing like evergreening in patent law.

Forest Pharmaceuticals being one of the worse. This along with the other crap they pull.
 
We don't know whether any information flowed through him from Apple to the Android team

We don't know - which is the shiny hat question.

Part of my job is to present technical issues to the board of my corporation.

Most of the time, these are "Dilbert experiences". Technical details are not wanted, and could not be explained in the time alloted.

Board members are "big picture" folks, they do not understand the technology details.

Schmidt knew that Apple was working on a phone, but those rumours were here on MacRumours as well. It wasn't a secret to those paying attention.
 
We don't know - which is the shiny hat question.

Part of my job is to present technical issues to the board of my corporation.

Most of the time, these are "Dilbert experiences". Technical details are not wanted, and could not be explained in the time alloted.

Board members are "big picture" folks, they do not understand the technology details.

Schmidt knew that Apple was working on a phone, but those rumours were here on MacRumours as well. It wasn't a secret to those paying attention.

We're not talking technical details, though - I'm willing to bet the board saw a demo, if for no other reason that Steve was likely walking around with an iPhone. Go back in time to the original iPhone keynote - it didn't take an engineer to see how and why the iPhone was significantly different than the Treos, Blackberries, and WinMobile devices of the time.

I'll bet he HAD the info.

I'm not sure he passed it along.
 
The flow of information was no doubt two way.

Bear in mind that Apple knew that Google had bought Android in 2005 to develop a phone OS, which was before the iPhone project got started in earnest.

So when Jobs invited Schmidt onto the Apple board a year later in the second half of 2006, it was probably for two main reasons:

1) To find out what Google was up to with Android.
2) To get Google's deep cooperation with APIs.

Remember: without Google Maps, built-in Google search, and Google converting YouTube videos so that the iPhone could display them, the iPhone would've been far less interesting at launch. Google also helped a bit later by adding cell id locating to the GPS-less iPhone. So Apple needed Google's help.

Finally, at no time has Jobs accused Google of copying them while Schmidt was on the board in 2006. The copying claims all stem from AFTER the iPhone was revealed.
 
Look at it this way:

1) in his position as CEO, he had ultimate responsibility for Google's android strategy.
2) if he was aware that Android would not be competitive unless the plans were changed, he had a duty fix it.
3) as a board member at Apple he had access to information about iPhone that may have told him that android, unless changed, would not be competitive
4) as a board member at Apple he had a fiduciary duty not to reveal or act on non-public information he had about Apple products.

We don't know whether any information flowed through him from Apple to the Android team, but it's certainly a fair and reasonable question to ask given the information we know about Android and how it looked and what kinds of devices it was intended for prior to the iPhone.



You just proved his point.

We do not know whether that happened or not. Being a technical person myself I do not hold high level marketing information in high regard anyways (yeah, try implementing OS knowing that your competitors are working on feature A and feature B - it does not really help much). What we do know is that thanks to cooperation with Google Apple got their main killer app for iPhone (Maps) which, considering that the first iPhones had fewer features than contemporary feature phones at time, was a huge deal that helped iPhone success.

Edit: I noticed that kdarling made some of the same points (and more) too late.
 
We do not know whether that happened or not. Being a technical person myself I do not hold high level marketing information in high regard anyways (yeah, try implementing OS knowing that your competitors are working on feature A and feature B - it does not really help much). What we do know is that thanks to cooperation with Google Apple got their main killer app for iPhone (Maps) which, considering that the first iPhones had fewer features than contemporary feature phones at time, was a huge deal that helped iPhone success.

Edit: I noticed that kdarling made some of the same points (and more) too late.

But what does any of that have to do with anything? The issue is whether data relating to the iPhone made its way to google improperly or not.
 
But what does any of that have to do with anything? The issue is whether data relating to the iPhone made its way to google improperly or not.

We know that it did not happen. Was anybody charged with crime? No. And as we know, in this country - they are innocent until... In any case, I'll be surprised if these Apple patents (the first one in particular, I did not really look at the second one) are not invalidated or severely cut in scope. I am sure Android's solution is much more elegant than the ugly thing this patent describes :D
 
We know that it did not happen. Was anybody charged with crime? No.

I don't understand that logic. It didn't happen unless someone was charged with a crime? The world doesn't work that way.

And as we know, in this country - they are innocent until... In any case, I'll be surprised if these Apple patents (the first one in particular, I did not really look at the second one) are not invalidated or severely cut in scope. I am sure Android's solution is much more elegant than the ugly thing this patent describes :D

I would be very surprised, based on their claims, priority date, and the prior art listed on the face of the patent, if all claims are invalidated (and if any asserted claims survive, HTC is still on the hook).
 
But what does any of that have to do with anything? The issue is whether data relating to the iPhone made its way to google improperly or not.

I've never seen any claim from Jobs that Apple IP was stolen at pre-launch board meetings. Schmidt also says he left meetings that were about future iPhone plans.

What Jobs has said, is that he feels that Google stole features from current and pending iPhone patents, especially starting in 2008 with Android's touch based Dream version.

The biggest of these later thefts, according to Jobs, was pinch to zoom. Jobs thought that Apple had patented that. (Jobs was not only incorrect about a patent, but he was apparently ignorant of the public announcement of multitouch pinch-to-zoom in at least one phone (the OpenMoko Linux project) that predated the iPhone debut.)
 
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