Greg's bite: Apple tech, new or not
TweetFollow Us on Twitter

Greg's bite: Apple tech, new or not

By Greg Mills

The press is reporting a monstrous patent case in Federal Court in the state of Texas that went against Apple for the "Cover Flow" way of rolling images across the display, as seem in the album art display in iTunes and elsewhere in the Mac OS.  

While the judgement likely means at the end of it all, Apple may well have to pay some amount of money, the current US$600,000,000 judgement will not likely stand. Frankly, so many patents on computer graphical interfaces have been written it staggers the mind to thing much could really be novel anymore.  

As an inventor with about 10 issued patents to my name, I am very familiar with the flawed US Patent system. You love it and hate it at the same time. Ironically, yesterday the patent office issued a new patent to Apple for some aspects of Cover Flow. I have not read the patents involved so this article is more related  to the issues of tech innovation in general that that case in particular.

People who are not familiar with the way patents work always go to the drawings and read the abstract and figure they understand the patent. In actuality, the claims are the guts of a patent and the drawings and specification are given to only help understand the claims.

Patents are the only way to protect the valuable research done a the cost of billions of dollars, keeping the "me too" knock off products from stealing market share. Apple and every other company patents, copyrights, trademarks and keeps trade secrets on about everything they do.  

The problem with patents in particular, is that interpretation of claims varies depending on who you are. There is both a narrow and broad interpretation of claims. The company who owns the patent tries to get the broadest claims possible when they pursue patents. Those who try to get as close as possible with a similar product try to narrowly construe patent claims. This is the crux of the issues that lead to heated and multi-million dollar patent cases.  

When you have hundreds of attorneys on staff, they will find work to justify their jobs. The tactical decision to sue or not depends on how good a case there is and the value of what is at issue. The life expectancy of computer technology is so short, by the time a patent is issued, the patented technology is obsolete and has been improved with the next step in the evolution of the computer market. The time period between filing and having a patent issued is one to two years.  

Also an important issue is the tactical market situation. Microsoft suing Android phone makers is an example of this. Rather than innovating a superior mobile OS when you have a load of patents that are even distantly related to what a competitor is doing as Microsoft has, you sue them and throw your portfolio of patents against the wall and wait to see what sticks. Notice that Microsoft didn't sue Google; they went after cell phone hardware companies over fundamental features that they want to stop Android from exploiting for market reasons.  

Another issue is that suing for patent infringement has a certain harassment value and certainly distracts competitors. The harassment value may be enough to prompt settlement or cross licensing talks. This is very common when there are a lot of patents on both sides that can be horse traded that allow the parties to use the common technologies and keep all others out of the protected product features.

Suing and being sued in Federal Court is very expensive and, thus, the bigger the company the more likely they are to be able to push a case through the courts system. Ironically, a patent owner is unlikely to get attorney fees, even if they win and damages are directly related to the value of the market advantage the patented technology brings to the table that can be proven.  

A registered copyright on the  other hand is super cheap to file (under $100) and, by law, the copyright owner gets attorney fees and a statutory minimum of $100,000. This is the basis for those outrageous judgements against people who downloaded songs and happen to be discovered and sued by the music industry.

If only the patent laws were construed in favor of inventors instead of the deep pockets. Perhaps I am infected with some sort of dread inventor's syndrome, since I still invent things even after being cheated or disappointed by every company I have ever done business with on my technology. My latest patented idea, which I intend to follow with myself instead of attempting to license it. See my web site at CottageIndustrySolar.com That's Greg's Bite for today.

(Greg Mills, is a Faux Artist in Kansas City. Formerly a new product R&D man for the paint sundry market, he holds 11 US patents. He's working on a solar energy startup, www.CottageIndustrySolar.com using a patent pending process of turning waste dual pane glass into thermal solar panels used to heat water. Greg writes for intellectual web sites and Mac related issues. See Greg's art web site at www.gregmills.info ; His email is gregmills@mac.com )

 
AAPL
$116.47
Apple Inc.
+0.16
MSFT
$47.98
Microsoft Corpora
-0.72
GOOG
$537.50
Google Inc.
+2.67

MacTech Search:
Community Search:

Software Updates via MacUpdate

Cobook 3.0.7 - Intelligent address book....
Cobook Contacts is an intuitive, engaging address book. Solve the problem of contact management with Cobook Contacts and its simple interface and powerful syncing and integration possibilities.... Read more
StatsBar 1.9 - Monitor system processes...
StatsBar gives you a comprehensive and detailed analysis of the following areas of your Mac: CPU usage Memory usage Disk usage Network and bandwidth usage Battery power and health (MacBooks only)... Read more
Cyberduck 4.6 - FTP and SFTP browser. (F...
Cyberduck is a robust FTP/FTP-TLS/SFTP browser for the Mac whose lack of visual clutter and cleverly intuitive features make it easy to use. Support for external editors and system technologies such... Read more
Maya 2015 - Professional 3D modeling and...
Maya is an award-winning software and powerful, integrated 3D modeling, animation, visual effects, and rendering solution. Because Maya is based on an open architecture, all your work can be scripted... Read more
Evernote 6.0.1 - Create searchable notes...
Evernote allows you to easily capture information in any environment using whatever device or platform you find most convenient, and makes this information accessible and searchable at anytime, from... Read more
calibre 2.11 - Complete e-library manage...
Calibre is a complete e-book library manager. Organize your collection, convert your books to multiple formats, and sync with all of your devices. Let Calibre be your multi-tasking digital... Read more
Herald 5.0.1 - Notification plugin for M...
Note: Versions 2.1.3 (for OS X 10.7), 3.0.6 (for OS X 10.8), and 4.0.8 (for OS X 10.9) are no longer supported by the developer. Herald is a notification plugin for Mail.app, Apple's Mac OS X email... Read more
Firetask 3.7 - Innovative task managemen...
Firetask uniquely combines the advantages of classical priority-and-due-date-based task management with GTD. Stay focused and on top of your commitments - Firetask's "Today" view shows all relevant... Read more
TechTool Pro 7.0.6 - Hard drive and syst...
TechTool Pro is now 7, and this is the most advanced version of the acclaimed Macintosh troubleshooting utility created in its 20-year history. Micromat has redeveloped TechTool Pro 7 to be fully 64... Read more
PhotoDesk 3.0.1 - Instagram client for p...
PhotoDesk lets you view, like, comment, and download Instagram pictures/videos! (NO Uploads! / Image Posting! Instagram forbids that! AND you *need* an *existing* Instagram account). But you can do... Read more

Latest Forum Discussions

See All

Ubisoft Gives Everyone Two New Ways to E...
Ubisoft Gives Everyone Two New Ways to Earn In-Game Stuff for Far Cry 4 Posted by Jessica Fisher on November 21st, 2014 [ permalink ] | Read more »
Golfinity – Tips, Tricks, Strategies, an...
Dig this: Would you like to know what we thought of being an infinite golfer? Check out our Golfinity review! Golfinity offers unlimited ways to test your skills at golf. Here are a few ways to make sure your score doesn’t get too high and your... | Read more »
Dark Hearts, The Sequel to Haunting Meli...
Dark Hearts, The Sequel to Haunting Melissa, is Available Now Posted by Jessica Fisher on November 21st, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Meowza! Toyze Brings Talking Tom to Life...
Meowza! | Read more »
Square Enix Announces New Tactical RPG f...
Square Enix Announces New Tactical RPG for Mobile, Heavenstrike Rivals. Posted by Jessica Fisher on November 21st, 2014 [ permalink ] With their epic stories and gorgeous graphics, | Read more »
Quest for Revenge (Games)
Quest for Revenge 1.0.0 Device: iOS Universal Category: Games Price: $4.99, Version: 1.0.0 (iTunes) Description: The great Kingdom of the west has fallen. The gods ignore the prayers of the desperate. A dark warlord has extinguished... | Read more »
Threadz is a New Writing Adventure for Y...
Threadz is a New Writing Adventure for You and Your Friends Posted by Jessica Fisher on November 21st, 2014 [ permalink ] In the tradition of round-robin storytelling, | Read more »
SteelSeries Stratus XL Hardware Review
Made by: SteelSeries Price: $59.99 Hardware/iOS Integration Rating: 4 out of 5 stars Usability Rating: 4.5 out of 5 stars Reuse Value Rating: 4.25 out of 5 stars Build Quality Rating: 4.5 out of 5 stars Overall Rating: 4.31 out of 5 stars | Read more »
ACDSee (Photography)
ACDSee 1.0.0 Device: iOS iPhone Category: Photography Price: $1.99, Version: 1.0.0 (iTunes) Description: Capture, perfect, and share your photos with ACDSee. The ACDSee iPhone app combines an innovative camera, a powerful photo... | Read more »
ProTube for YouTube (Entertainment)
ProTube for YouTube 2.0.2 Device: iOS Universal Category: Entertainment Price: $1.99, Version: 2.0.2 (iTunes) Description: ProTube is the ultimate, fully featured YouTube app. With it's highly polished design, ProTube offers ad-free... | Read more »

Price Scanner via MacPrices.net

Save up to $400 with Apple refurbished 2014 1...
The Apple Store has restocked Apple Certified Refurbished 2014 15″ Retina MacBook Pros for up to $400 off the cost of new models. An Apple one-year warranty is included with each model, and shipping... Read more
New 13-inch 1.4GHz MacBook Air on sale for $8...
 Adorama has the 2014 13″ 1.4GHz/128GB MacBook Air on sale for $899.99 including free shipping plus NY & NJ tax only. Their price is $100 off MSRP. B&H Photo has the 13″ 1.4GHz/128GB MacBook... Read more
Apple Expected to Reverse Nine-Month Tablet S...
Apple and Samsung combined accounted for 62 percent of the nearly 36 million branded tablets shipped in 3Q 2014, according to early vendor shipment share estimates from market intelligence firm ABI... Read more
Stratos: 30 Percent of US Smartphone Owners t...
Stratos, Inc., creator of the Bluetooth Connected Card Platform, has announced results from its 2014 Holiday Mobile Payments Survey. The consumer survey found that nearly one out of three (30 percent... Read more
2014 1.4GHz Mac mini on sale for $449, save $...
 B&H Photo has lowered their price on the new 1.4GHz Mac mini to $449.99 including free shipping plus NY tax only. Their price is $50 off MSRP, and it’s the lowest price available for this new... Read more
Check Apple prices on any device with the iTr...
MacPrices is proud to offer readers a free iOS app (iPhones, iPads, & iPod touch) and Android app (Google Play and Amazon App Store) called iTracx, which allows you to glance at today’s lowest... Read more
64GB iPod touch on sale for $249, save $50
Best Buy has the 64GB iPod touch on sale for $249 on their online store for a limited time. Their price is $50 off MSRP. Choose free shipping or free local store pickup (if available). Sale price for... Read more
15″ 2.2GHz Retina MacBook Pro on sale for $17...
 B&H Photo has the 2014 15″ 2.2GHz Retina MacBook Pro on sale for $1799.99 for a limited time. Shipping is free, and B&H charges NY sales tax only. B&H will also include free copies of... Read more
New Logitech AnyAngle Case/Stand Brings Flexi...
Logitec has announced the newest addition to its suite of tablet products — the Logitech AnyAngle. A protective case with an any-angle stand for iPad Air 2 and all iPad mini models, AnyAngle is the... Read more
Notebook PC Shipments Rise Year-Over-Year as...
According to preliminary results from the upcoming DisplaySearch Quarterly Mobile PC Shipment and Forecast Report, the global notebook PC market grew 10 percent year-over-year in Q3’14 to 49.4... Read more

Jobs Board

*Apple* Solutions Consultant (ASC)- Retail S...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
Project Manager, *Apple* Financial Services...
**Job Summary** Apple Financial Services (AFS) offers consumers, businesses and educational institutions ways to finance Apple purchases. We work with national and Read more
*Apple* Store Leader Program - College Gradu...
Job Description: Job Summary As an Apple Store Leader Program agent, you can continue your education as you major in the art of leadership at the Apple Store. You'll Read more
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
Senior Event Manager, *Apple* Retail Market...
…This senior level position is responsible for leading and imagining the Apple Retail Team's global event strategy. Delivering an overarching brand story; in-store, Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.