USPTO: Apple's '949 patent, aka the "Steve Jobs patent", is invalid
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The '949 patent, ruled invalid by the USPTO |
The '949 patent was going to be used by Apple against Motorola except that the judge found part of the patent invalid and said that the minor infringement that Motorola could be found guilty of would not warrant injunctive relief. Even though that trial was canceled, Judge Richard Posner banned the use of the name "Steve Jobs patent" when referring to '949 before tossing the case.
The two rulings against Apple are both preliminary and are not final as Apple can appeal the decisions. Still, this news can only be good for those who have found themselves staring at Apple's legal team on the other side of the courtroom. In fact, considering Judge Lucy Koh's apparent disdain for how Hogan's Heroes computed the $1.05 billion it awarded to Apple, we wouldn't be surprised to see the size of the jury award lowered significantly. Apple had 20 claims on each patent, all 40 of which are now ruled invalid by the USPTO.
source: FOSSPatents
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58 Comments
15. PhoneArenaUser posted on 07 Dec 2012, 18:58 26 0
Good news! And I think that USPTO should review all Apple patents, I'm pretty sure that they would find even more invalid patents.
22. PAPINYC (limited) 5 days ago posted on 07 Dec 2012, 20:13 15 1
iTotally disagree!! How is Apple supposed to innovate if all of their patents from stolen ideas are found invalid. I'm looking at the bigger picture of iPhone 15VD and, quite honestly, it would be nice to have Multi Window functionality on a Super Retina 4.2" screen; or, it would be super cool to be able to edit photos with special messages in iNotes; and, I'm really looking forward to being able to FaceTime over 4GS LTE. None of this will be possible if all of their patents are iNvaliDated. Besides, what I don't understand is why haven't they iNvaliDated the black turtle-neck??
25. TROLL posted on 07 Dec 2012, 20:42 5 0
+1 from me, That is true, well said, Lmao....!
27. PhenomFaz posted on 07 Dec 2012, 20:56 7 0
Well now it just seems that Apple will have to do real work just like the rest of us honest folks to earn their money. It just looks like if they want to sustain themselves they will have to just start innovating...and this time for real in tech and not lawsuits :)
41. anywherehome posted on 08 Dec 2012, 01:43 3 0
Yes, rotten patents of rotten Apple must be invalidated...... Time to forget about non innovative and inferior Apple's products...
45. Mxyzptlk posted on 08 Dec 2012, 10:10 1 12
Non innovative? So why does Samsung and other companies continue to copy them?
47. anywherehome posted on 08 Dec 2012, 11:42 6 0
I really don't know why Apple is a copycat with statusbar and almost all the new iOS 5 6 features has copied from Android ;-)
50. tedkord posted on 08 Dec 2012, 12:38 1 0
The answer is simple. They don't. Folks like yourself simply rationalize it that way because you can't accept the truth - that Apple stopped innovating after the first iPhone, and the competition has passed them like they're standing still.
44. Mxyzptlk posted on 08 Dec 2012, 10:08 1 10
This is bad for business. They have those patents for a reason.
48. anywherehome posted on 08 Dec 2012, 11:44 2 0
Yes, just to bully innovations......
We have multi user API, photo sphere..... iPhone is still stuck as a icon board..... Enjoy :-)
49. PhoneArenaUser posted on 08 Dec 2012, 12:27 2 0
"This is bad for business."
Fo Apple business.
"They have those patents for a reason."
Of course Apple have them for a reason and no one deny it but those patents are invalid.
52. tedkord posted on 08 Dec 2012, 12:41 0 0
A patent is required by law to be for something new, unique, innovative, worth no prior art. These patents (and many more of Apple's) do not meet that standard.
53. rusticguy posted on 08 Dec 2012, 13:24 0 0
Those patents are for running a business of "Extortion" and that's why they are being invalidated at last :)
2. KickRocks posted on 07 Dec 2012, 16:53 26 0
As this patent and the bounce back patent weren't dumb enough, its time to invalidate slide to unlock and these ridiculous design patents. If the USPTO would stop issuing every single patent apple files for half if not most of these lawsuits and hunded of wasted man hours could be avoided. Long live the bot!!
3. Droid_X_Doug posted on 07 Dec 2012, 16:56 21 0
Apple may not see even $300 million, given this invalidity. The trial verdict may end up a Pyrrhic victory.
38. Droid_X_Doug posted on 08 Dec 2012, 00:17 3 0
Also.... The Apple-HTC settlement may be of no further effect. Too much redaction of the publicly available copy to tell, but.... If so, HTC may be better served to breach the agreement and just move on. I wonder if HTC is considering asking Apple for a refund?
5. PapaSmurf posted on 07 Dec 2012, 16:59 15 1
Ha! This is some news! Glad to see the USPTO is stepping up and invalidating bogus patents.
7. jroc74 posted on 07 Dec 2012, 17:03 15 0
And it should have been invalid. I mean cmon.....Apple didnt invent it or innovate it enough to call it their own.
That 1 billion settlement certain fans bragged about....some of us said it isnt over yet....lol. I see that amount getting alot smaller.
8. techguy22 posted on 07 Dec 2012, 17:09 14 1
about time. start going after every apple stupid patents.
10. roscuthiii posted on 07 Dec 2012, 17:29 8 0
I suppose a Reality Distortion Field is similar to any other bubble... they're all subject to popping/deflation eventually.
I envision some groggy clerks at the USPTO waking up, rubbing their eyes, looking down at their paperwork and thinking to themselves, "Ohh, what did I do last night? Hey... Hey who stamped this? I did?! The frig was I thinkin'?!"
11. amiaq posted on 07 Dec 2012, 17:36 4 0
"I was too drunk", "It just happened", "It was a mistake", "It's not what you think"....bla bla bla
12. rusticguy posted on 07 Dec 2012, 18:11 9 0
Where's the Apple Attorney by name of myxpytx (or something like that) on this board ?
13. someones4 posted on 07 Dec 2012, 18:36 3 0
Samsung: Everyone Let's boogie!!!!
Christmas came a little bit early for them.
14. ncv144 posted on 07 Dec 2012, 18:41 12 0
A van is rectangular, with rounded corners, comes in black and white, has a glass screen, and slide to unlock, Apple MUST lawsuit and ban! /s
16. gazmatic posted on 07 Dec 2012, 19:29 7 1
This is why I said htc sold their souls to the devil. I got down voted.
19. lyndon420 posted on 07 Dec 2012, 20:05 3 0
That's what I said as well. And the thumbs down I got were crazy.
17. ausnote2 posted on 07 Dec 2012, 19:41 9 0
The good US of A is finally waking up. Others to invalidate
-rounded corners
-slide to unlock
-rubber banding (it's like a door stopper that when pull all the way to the end it bounces back)
-icons
-etc etc etc
the USPTO change of first to file instead of first to invent probably cause a flood of these ridiculous patents crap and spawn alot of patent trolls. It is sad that apple is participating in this garbage though.
If nothing is done, it will stifle US innovations and make US uncompetitive. Imagine a young engineer trying to create a new OS software and hardware and the amount of legal minefield that they must cross???
Don't get me wrong apple does provide competition which is good. But would we get here today without apple? ABSOLUTELY.
I actually really like windows mobile 6.5 until stupid microsoft kill it with close off windows mobile 7 and then kill it with close off windows 8.
windows mobile 6.5 reminds me of Android and both would be successful if microsoft continue with their UI and icons instead of these tiles crap.
Bring back windows mobile 6.5 and enhance it with modern cpu/gpu/ram/screen capabilties is the only way to save microsoft.
29. jroc74 posted on 07 Dec 2012, 21:16 4 0
Take the rubber banding off your list. That was the first one to get invalidated recently.
:)
18. protozeloz posted on 07 Dec 2012, 19:52 5 0
oh look another patent on the Samsung vs apple case gets torn down, more evidence of a faulty case
26. TROLL posted on 07 Dec 2012, 20:45 4 0
Yea where's Mxyzptlk Jstahl Gallitoking Serious9010 ......?
36. gallitoking posted on 07 Dec 2012, 23:45 1 7
well I am happy because I know one way or the other Apple will stand tall
39. Nathan_ingx posted on 08 Dec 2012, 00:42 4 0
Was tall, was tall...now it's shrinking buddy.
57. tedkord posted on 08 Dec 2012, 22:50 0 0
They always stand tall because they have no shame. Steve Jobs stood tall on stage and proclaimed that Apple had invented multi-touch. Apple lawyers stood tall in court and posited that a tap was just a zero length swipe. They stood tall in line at the patent office as they claimed slide to unlock as their own.
30. xfire99 posted on 07 Dec 2012, 21:22 0 0
David Kappos eat this and there is nothing wrong with USPTO software patent uh. Working as intended my ass.
The whole world see its f**ked up and u say it working as intended. Yeah sure!
Keep invalidate all bogus patents, not only Apples and maybe theres still hopes for USPTO.
40. -box- posted on 08 Dec 2012, 00:43 0 1
This was probably set in motion while he was still in office. Just sayin'.
34. ddeath posted on 07 Dec 2012, 22:27 1 0
Looks like David Kappos resignation is doing USPTO a good thing. They really need a overhaul of their patents approvals. Enough of stupid patents!
35. Nathan_ingx posted on 07 Dec 2012, 23:36 3 0
Steve Jobs got a freakin' patent to his name???
37. gallitoking posted on 07 Dec 2012, 23:46 0 15
they have no respect to his patent... have more respect people
43. jroc74 posted on 08 Dec 2012, 05:44 0 0
"Even though that trial was canceled, Judge Richard Posner banned the use of the name "Steve Jobs patent" when referring to '949' before tossing the case"
I think that shows respect. Try looking past the blinders once in awhile. Or did you want it to be called that? For it getting invalidated.....it is what it is. Hopefully soon the lawsuits stop. Compete by innovating not litigating..
56. InspectorGadget80 posted on 08 Dec 2012, 20:44 0 0
NO ONE HAVE RESPECT FOR A COMPANY THAT WANTS TO BAN OR CONTROLS products
58. tedkord posted on 08 Dec 2012, 22:51 0 0
The patent deserved no respect. It was just a rehash of someone else's work.
51. parkwaydr posted on 08 Dec 2012, 12:41 1 0
Tim Cook to uspto: You mean we actually have to work now?
55. InspectorGadget80 posted on 08 Dec 2012, 20:32 0 0
USPTO finally got their dumb minds right for once. Now we need TO GET RID SLIDE TO UNLOCK PATENT CRAP to END ALL PATENS and not just the SLIDE TO UNLOCK but RECTANGLES
