Chinese lawsuit seeks to invalidate Apple's iPhone design patents
As Apple looks to halt the sales of Meizu's iPhone lookalike in China, the company must now defend its patented iPhone design from a new lawsuit.
According to The Beijing Times, Luoen Network Information has sued Apple over the design of the iPhone, alleging that the patents owned by the company in China are invalid. As translated by MeizuMe, Chinese law makes it possible only to apply for product-specific patents.
"If one applies for a patent covering different types of products, the patent will be invalid," the report said.
Apple's patents reportedly covered three products originally. When it was discovered Apple did not specify a product, the nation's patent bureau helped the company register the filing for the iPhone.
Apple's patent applies to the shape of the iPhone -- rectangular with round edges, a vertical display, and the singular home button. But Luoen Network Information hopes to prove in its lawsuit that Apple's patented design is too broad. It also argued that MP3 players and phones released before the iPhone had a similar design.
The report noted that the outcome could have an impact on Apple's own pursuit to halt the sale of the Meizu M8 smartphone. Apple has aggressively sought to cease the sale of knock-off products, which are prevalent in China, and attempted to prove in court that the M8 has "an appearance roughly similar" to the iPhone.
According to The Beijing Times, Luoen Network Information has sued Apple over the design of the iPhone, alleging that the patents owned by the company in China are invalid. As translated by MeizuMe, Chinese law makes it possible only to apply for product-specific patents.
"If one applies for a patent covering different types of products, the patent will be invalid," the report said.
Apple's patents reportedly covered three products originally. When it was discovered Apple did not specify a product, the nation's patent bureau helped the company register the filing for the iPhone.
Apple's patent applies to the shape of the iPhone -- rectangular with round edges, a vertical display, and the singular home button. But Luoen Network Information hopes to prove in its lawsuit that Apple's patented design is too broad. It also argued that MP3 players and phones released before the iPhone had a similar design.
The report noted that the outcome could have an impact on Apple's own pursuit to halt the sale of the Meizu M8 smartphone. Apple has aggressively sought to cease the sale of knock-off products, which are prevalent in China, and attempted to prove in court that the M8 has "an appearance roughly similar" to the iPhone.
Comments
This case is just a further example of how the Chinese government is overstepping its boundaries once again. Apple is an American company and therefore should be able to produce by American laws.
Apple is an American company and therefore should be able to produce by American laws.
If Apple wants to sell only in America, then certainly.
http://www.chinaipr.gov.cn/casesarti.../649189_1.html
They wanted to block it from being awarded by citing LG and Dopod.
The Patent office didn't concur.
So now they are suing.
http://en.wikipedia.org/wiki/Dopod
Dopod (多普達) is a Taiwan-based manufacturer of Windows Mobile smartphones, operating in the South East Asia and Australasia. Dopod International was founded in 2004 and it is now directly owned by the Taiwanese Windows Mobile device manufacturer HTC with over 50% of shares (acquired on June 2, 2006). It has manufacturing bases in Taiwan and Wuhan, China.
In other words, HTC is suing Apple to try and invalidate their patents and thus try to get leverage because Apple is suing the crap out of HTC.
Never trust China with any type of American product these days! They are trying to undermine the American dollar in so many ways that it is just criminal.
This case is just a further example of how the Chinese government is overstepping its boundaries once again. Apple is an American company and therefore should be able to produce by American laws.
American laws only apply in America, and rightly so. The clue is in the name. America doesn't own China, it just gets them to build it's goods for it.
This case is just a further example of how the Chinese government is overstepping its boundaries once again. Apple is an American company and therefore should be able to produce by American laws.
Given how you disapprove of Chinese policy, I don't think you'd like the parallel of your suggestion where Chinese companies only need to obey Chinese laws.
I am sick and tired of all the jail broken goings on here too...aren't there ANY ways to stop it's rampant entrenchment...free is cool, but you know what? I pay for my stuff as a way to reward and recognize creativity and innovation in apps that i enjoy
Sorry, you fail.
Stop making assumptions about jailbreaking devices. NOT EVERYONE WHO JAILBREAKS STEALS SOFTWARE!
Wouldn't it be nice if Jobs pulled the rug out from under the Chinese and moved manufacturing to India? The Chinese are the BIGGEST rip-off artists (one can put a case for plagiarism being the greatest flattery)...the Chinese public marvel, admire, ,and hold to the highest esteem Apple products (you should see the looks of curiosity and hear the compliments I get everywhere i break out my iPad, my i this, and i that)...anyway, ,you all should see the blatant design stealing, logo stealing...i can go on...all the people who visit China write about how wonderful everything is here...they don't stick around long enough to see past the illusion...America, and the world for that matter, have to stand up to the two face bullying tactics that China employs to get it's way...don't believe the hype...and NEVER count America out!
Nice post. Agree with everything you say.
Hope you're doing it from a hidden/masked IP address!
Sorry, you fail.
Stop making assumptions about jailbreaking devices. NOT EVERYONE WHO JAILBREAKS STEALS SOFTWARE!
Sure, not everyone. What proportion do you guess does?
China is fast becoming the world's biggest problem.
well if it wasn't for china lending money to the US, and bankrolling its economy
the US might be very different than what you see around you now
Never trust China with any type of American product these days! They are trying to undermine the American dollar in so many ways that it is just criminal.
This case is just a further example of how the Chinese government is overstepping its boundaries once again. Apple is an American company and therefore should be able to produce by American laws.
You do realize that the US govt has been selling its debt to China right? You have no clue what you are talking about. Please stop...
Apple is an American company and therefore should be able to produce by American laws.
would it also be ok for Chinese companies to be held by chinese laws?
would you really like to be eating in plates made to chinese spec?
do you want your kids to play with toys made by chinese standards?
or would you rather they are held by US laws and not put lead in their paint for the toys
up to you
You do realize that the US govt has been selling its debt to China right? You have no clue what you are talking about. Please stop...
I'm not sure what that has to do with anything. It doesn't justify the rampant IP theft that goes on in the country.
Besides, where else is China going to park 1.7 trillion dollars? And if they never put it in the US, maybe American spending would have been brought under control by now. This is of course negated by all the damage China has done to the world economy by pegging their yuan.
I would say China is already the worlds biggest problem.
I'm not sure what that has to do with anything. It doesn't justify the rampant IP theft that goes on in the country.
Besides, where else is China going to park 1.7 trillion dollars? And if they never put it in the US, maybe American spending would have been brought under control by now. This is of course negated by all the damage China has done to the world economy by pegging their yuan.
I would say China is already the worlds biggest problem.
Don't blame China for taking money from all the countries and corporations that use them.
blame the corporations that have sold out for bigger profit margins....
Don't blame China for taking money from all the countries and corporations that use them.
blame the corporations that have sold out for bigger profit margins....
You my friend have NAILED it! Apple has no one to blame but itself for manufacturing their products in China.
The Chinese don't have many original ideas, they simply take what they learn from the global corporations that manufacture there and end up producing knock-offs.
It will only stop when the corporate greed does...