USPTO invalidates all claims of 'Steve Jobs' multi-touch patent
A decision published by the U.S. Patent and Trademark Office on Monday saw an Apple patent, co-invented by late Apple cofounder Steve Jobs, covering multi-touch functionality have all 20 of its claims invalidated after the property was reexamined.
Source: FOSS Patents
The USPTO's review of Apple U.S. Patent No. 7,479,949 for a "Touch screen device, method, and graphical user interface for determining commands by applying heuristics" was completed earlier this week, with the preliminary invalidation filing first discovered by FOSS Patents. The first Office action is not final, however, and can later be overturned following an appeal.
Dubbed the "Steve Jobs" patent by a number of people, including Apple's lawyers, the '949 patent is a broad, sweeping property covering the general functionality of multi-touch screens like those used in the iPhone and iPad. Leveraged against Samsung in the landmark Apple v. Samsung jury trial, as well as an ITC dispute with Motorola, the IP is thought to be one the most famous of Jobs' software patents.
Illustration from the '949 patent. | Source: USPTO
Filed for in April 2008 and granted in January 2009, the '949 patent lists Jobs first among 25 co-inventors including former iOS chief Scott Forstall and engineer Bas Ording.
From the '949 patent's abstract:
Source: FOSS Patents
The USPTO's review of Apple U.S. Patent No. 7,479,949 for a "Touch screen device, method, and graphical user interface for determining commands by applying heuristics" was completed earlier this week, with the preliminary invalidation filing first discovered by FOSS Patents. The first Office action is not final, however, and can later be overturned following an appeal.
Dubbed the "Steve Jobs" patent by a number of people, including Apple's lawyers, the '949 patent is a broad, sweeping property covering the general functionality of multi-touch screens like those used in the iPhone and iPad. Leveraged against Samsung in the landmark Apple v. Samsung jury trial, as well as an ITC dispute with Motorola, the IP is thought to be one the most famous of Jobs' software patents.
Illustration from the '949 patent. | Source: USPTO
Filed for in April 2008 and granted in January 2009, the '949 patent lists Jobs first among 25 co-inventors including former iOS chief Scott Forstall and engineer Bas Ording.
From the '949 patent's abstract:
The '949 patent decision comes a little over one month after Apple's '381 "rubber-banding" or "bounce-back" patent was also invalidated in a similar preliminary action. Both properties faced multiple reexamination requests challenging their validity, the most recent being an ex parte, or anonymous, challenge in in May.A computer-implemented method for use in conjunction with a computing device with a touch screen display comprises: detecting one or more finger contacts with the touch screen display, applying one or more heuristics to the one or more finger contacts to determine a command for the device, and processing the command.
Comments
Apple should quit innovating and actually making something, but rather just become a patent troll and make out like a banshee!
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Quote:
Originally Posted by jason98
I wonder if this is a reason why the stock is falling lately...
Lately? That would imply that investors knew about this already.
Quote:
Originally Posted by PhilBoogie
Truly pathetic. First grant a patent, then revoke it. And not just any patents, plural, actually, but the heart and soul of the way 400M devices are used around the world. I think we are all better of if a patent is granted it should remain that way. (And the stock has zilch to do with it)
Better? These are stupid patents, as are most software and ui-related patents. Remain that way? Please. This is a good start. While it sucks to see it happen to Apple, there needs to be a huge review of everyone's software and ui-related patents. There's a whole lot more that should be invalidated.
What if some no-name company invented multitouch years ago and started suing Apple over it. Who would be the first to call them a troll?
Originally Posted by PhilBoogie
I think we are all better of if a patent is granted it should remain that way. (And the stock has zilch to do with it)
How does that work when Samsung makes a patent identical to Apple's and gets it granted?
Originally Posted by Landcruiser
This is a good reason not to bring any production back to the US. Why support the same government that pulls this kind of stuff. Sounds like the US is out to support Korean companies (who shall go un-named) not US companies.
Take off the molybdenum-foil hat.
Originally Posted by Gustav
These are stupid patents…
—One of the integral patents for modern touchscreen devices
—Stupid
Pick one.
What if some no-name company invented multitouch years ago and started suing Apple over it. Who would be the first to call them a troll?
Patents cover implementations, not ideas.
You can't patent an airplane, you can patent the design of an airplane.
There needs to be a major investigation.
There are too many shenangians going on now.
Someone is being paid off.
The whole point in waiting for a patent is that it was examined AT THE TIME and proven relevant. There was NOTHING LIKE IT when Jobs and co. applied.
If this is not a case of backroom deals, it could be a case of someone trying to think they know what's best "for the industry" while doing what's inherently wrong.
Never good.
Steve Jobs wasn't kidding when he said Apple had world class enemies...
Yawn, more slowly turning wheels.
Apple has two months to show why this should be overruled.
Just another day at city hall.
I wonder what effect this'll have on the recent Samsung judgement.
Originally Posted by Lord Amhran
I wonder what effect this'll have on the recent Samsung judgement.
None.
Quote:
Originally Posted by Lord Amhran
I wonder what effect this'll have on the recent Samsung judgement.
Quote:
Originally Posted by Tallest Skil
None.
I hope you are right TS.
Quote:
Originally Posted by Tallest Skil
None.
I certainly hope not but my understanding was that a lot of what was in the Samsung judgement was based on this patent. I could be very wrong however and I certainly hope I am.
Quote:
Originally Posted by AppleInsider
... Both properties faced multiple reexamination requests challenging their validity, the most recent being an ex parte, or anonymous, challenge in in May.
I don't think there's any doubt that this is Google using their muscle on the PTO from the shadows.
Stop the whining: Samsung lost one too: "German court stays Samsung lawsuit against Apple over smiley input method patent" (Florian Müller's FossPatents blog).