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Judge who threw out Apple, Motorola case questions if software patents should even exist

0. phoneArena 05 Jul 2012, 10:11 posted on

Judge Posner, who sits on the 7th U.S. Circuit Court of Appeals in Chicago, made headlines early last month when he threw out the entire Apple/Motorola case. He recently spoke with...

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posted on 05 Jul 2012, 11:20 6

15. jaytai0106 (Posts: 1888; Member since: 30 Mar 2011)

THANK YOU!!!!!!!!!!!!!! Did video game industry patent how a game's control? NO!

posted on 05 Jul 2012, 17:56 3

37. jroc74 (Posts: 6014; Member since: 30 Dec 2010)


Look at the Super Nintendo controller and the orig PS One controller....

If Apple had made the SNES....Sony woulda got sued. Anyone who makes a 3rd party controller woulda got sued.

I am SO GLAD Apple failed in the gaming console industry. Woulda just been unnecessary headaches. But...I think there might be patents for game controls. The difference is what the companies do with those patents and how they act with them.

Apple is really, really anal right now. Really.

posted on 05 Jul 2012, 11:31 2

16. cncrim (Posts: 843; Member since: 15 Aug 2011)

Experience is te key......i like this judge. We should have more jude like him so that no bs lawsuit. Waste our resource and time.

posted on 05 Jul 2012, 11:32 3

17. jove39 (Posts: 1876; Member since: 18 Oct 2011)

Posner is right...do we really need patents in software industry? Or lets re-phrase...do we really need s**tTY patents in software industry?

posted on 05 Jul 2012, 11:42 5

18. remixfa (Posts: 14255; Member since: 19 Dec 2008)

the patent industry is a complete mess. It wont ever be thrown away though.. corporations wont let politicians do that.
However, I do feel that anything that is as basic as multitouch and lock screens needs to be FRAND ASAP and only the more specific pieces need to be allowed to keep private patents on them.

posted on 05 Jul 2012, 12:06 3

22. KingKurogiii (Posts: 5711; Member since: 23 Oct 2011)

to quote Denzel Washington "My Man!"

posted on 05 Jul 2012, 12:14 6

24. Sniggly (Posts: 7305; Member since: 05 Dec 2009)

This man is like the goddamn Clint Eastwood of the court system. He may not consider himself on anyone's side, but DAMN, he'll do what's right. I like him a lot. I may even email him to let him know.

posted on 05 Jul 2012, 13:00 3

25. tedkord (Posts: 11925; Member since: 17 Jun 2009)

Well, since software patents are a relatively new phenomena, and we can see the s**tstorm that followed them, I think the answer is pretty obvious.

posted on 05 Jul 2012, 13:24 3

26. AFnerdTP (unregistered)

how can i go about nominating him for president?

posted on 05 Jul 2012, 13:41 1

27. networkdood (Posts: 6330; Member since: 31 Mar 2010)

On the ballot, write his name in.

posted on 05 Jul 2012, 13:43 3

28. networkdood (Posts: 6330; Member since: 31 Mar 2010)

I believes patents have their place in the world, but, if a company is going to years later for something that others have been using for quite some time, then that also should be looked at by a judge presiding over a court case. Obviously, it was not that important if other models were released with patent infringments, no matter how minor/vague they are.

posted on 05 Jul 2012, 13:56 3

30. tedkord (Posts: 11925; Member since: 17 Jun 2009)

Here's the deal - software patents need to be scrapped entirely. We didn't need them before, we don't need them now. They're a bad idea. (If the patent system were the way it is now 30 years ago, Apple would own the GUI they stole from Xerox)

Copyright is enough protection.

Take video encoding. You should be able to patent the method of encoding, say H.264. The actual algorithm used to compress the video stream can be patented. The idea of compressing video streams, meaning anyone who comes up with a different way of compressing would be in violation, that should not be allowed. In other words, the patent should be for how you compress, not just the idea of compressing.

posted on 05 Jul 2012, 14:36 2

33. adi4u4882 (Posts: 137; Member since: 10 Jan 2012)

Posner my man!
Bring an end to this senseless patent battle.

posted on 05 Jul 2012, 16:01 2

36. freemarketeer (Posts: 28; Member since: 05 Jun 2010)

I need to address a couple things here. First is that without patents, invention and innovation would not occur or occur at a much slower rate. This is not the case and repeated studies have demonstrated it. In fact, innovation occurs faster due to the lack of legal barriers as well as increased pressure to stay ahead of the competition. All patents do is force scarcity on an otherwise unscarce good.

The other is that people will suddenly stop buying authentic products if you make it legal for someone to use the same ideas to produce a similar item. Are people going to stop buying designer fashions if knock-off's suddenly became an option? All this system does is allow more choices for consumers. If a company "copies" the iPad and sells it for $200 less than the genuine article, they are not stealing business from Apple since those people were not willing to pay $200 more for Apple's version. All that company is doing is addressing and supplying a group that Apple currently doesn't.

posted on 06 Jul 2012, 01:56

44. thinking (Posts: 130; Member since: 19 Jan 2012)

The patent system should also be modified so that the patent holder is made to KEEP the patent regularly, say, annually. This may be based on showing progress on the idea (if it's an idea patent).
And if someone else MAKES the real thing (even if) based on what you CONCEIVED in your mind, ... boom ... the MAKER gets the patent and the conceiver loses it.

posted on 11 Jul 2012, 21:18

48. Fuego84 (Posts: 346; Member since: 13 May 2012)

Hey Apple is the one that should be sued for Slide to Unlock because Slide to Unlock has been a featuer available for years in hotel rooms. Lol just screwing around.

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