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 The life expectancy of computer technology is so short, by the time a patent is issued, the patented technology is obsolete and has been improved with the next step in the evolution of the computer market.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
$102.22
Apple Inc.
+1.16
MSFT
$46.89
Microsoft Corpora
-0.18
GOOG
$582.60
Google Inc.
-4.78

MacTech Search:
Community Search:

Software Updates via MacUpdate

GarageSale 6.8 - Create outstanding eBay...
GarageSale is a slick, full-featured client application for the eBay online auction system. Create and manage your auctions with ease. With GarageSale, you can create, edit, track, and manage... Read more
ScreenFlow 4.5.3 - Create screen recordi...
Save 5% with the MacUpdate coupon code: 68031AE15F -- Buy now! ScreenFlow is powerful, easy-to-use screencasting software for the Mac. With ScreenFlow you can record the contents of your entire... Read more
NeoOffice 2014.3 - Mac-tailored, OpenOff...
NeoOffice is a complete office suite for OS X. With NeoOffice, users can view, edit, and save OpenOffice documents, PDF files, and most Microsoft Word, Excel, and PowerPoint documents. NeoOffice 3.x... Read more
Typinator 6.2 - Speedy and reliable text...
Typinator turbo-charges your typing productivity. Type a little. Typinator does the rest. We've all faced projects that require repetitive typing tasks. With Typinator, you can store commonly used... Read more
PopChar X 6.7 - Floating window shows av...
PopChar X helps you get the most out of your font collection. With its crystal-clear interface, PopChar X provides a frustration-free way to access any font's special characters. Expanded... Read more
Evernote 5.6.0 - 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
Monosnap 2.2.2 - Versatile screenshot ut...
Monosnap allows you to save screenshots easily, conveniently, and quickly, sharing them with friends and colleagues at once. It's the ideal choice for anyone who is looking for a smart and fast... Read more
Tunnelblick 3.4beta36 - GUI for OpenVPN...
Tunnelblick is a free, open source graphic user interface for OpenVPN on OS X. It provides easy control of OpenVPN client and/or server connections. It comes as a ready-to-use application with all... Read more
SoftRAID 5.0.4 - High-quality RAID manag...
SoftRAID allows you to create and manage disk arrays to increase performance and reliability. SoftRAID's intuitive interface and powerful feature set makes this utility a must have for any Mac OS X... Read more
Audio Hijack Pro 2.11.3 - Record and enh...
Audio Hijack Pro drastically changes the way you use audio on your computer, giving you the freedom to listen to audio when you want and how you want. Record and enhance any audio with Audio Hijack... Read more

Latest Forum Discussions

See All

PlayHaus Review
PlayHaus Review By Amy Solomon on September 23rd, 2014 Our Rating: iPad Only App - Designed for the iPad PlayHaus is a interesting, stylish app for young children, full of cause-and-effect interactions.   | Read more »
Astropolo Review
Astropolo Review By Amy Solomon on September 23rd, 2014 Our Rating: Universal App - Designed for iPhone and iPad Astropolo is a space-themed children’s app with a great sense of style.   | Read more »
New E*TRADE Update Includes Touch ID and...
New E*TRADE Update Includes Touch ID and Home Screen Widget for iOS 8 Posted by Jessica Fisher on September 23rd, 2014 [ permalink ] | Read more »
Cupcake Carnival Review
Cupcake Carnival Review By Jennifer Allen on September 23rd, 2014 Our Rating: :: SAME OLDUniversal App - Designed for iPhone and iPad Cupcake Carnival does all the right match-3 things but it’s a format we’ve seen a little too... | Read more »
This Week at 148Apps: September 15-19, 2...
Expert App Reviewers   So little time and so very many apps. What’s a poor iPhone/iPad lover to do? Fortunately, 148Apps is here to give you the rundown on the latest and greatest releases. And we even have a tremendous back catalog of reviews; just... | Read more »
Kitty Powers’ Matchmaker – Tips, Tricks,...
Hey There, Kittens: | Read more »
Goblin Sword Review
Goblin Sword Review By Andrew Fisher on September 22nd, 2014 Our Rating: :: RETRO GOODNESSUniversal App - Designed for iPhone and iPad Fun visuals, good music, engaging level design, and lots of content make Goblin Sword an... | Read more »
Major New Update for CSR Racing Adds Fer...
Major New Update for CSR Racing Adds Ferrari and Multiplaye​r Posted by Jessica Fisher on September 22nd, 2014 [ permalink ] | Read more »
Veditor Review
Veditor Review By Jennifer Allen on September 22nd, 2014 Our Rating: :: PIMP YOUR VIDEOUniversal App - Designed for iPhone and iPad Want to add stickers and music to your videos? Veditor can do that easily.   | Read more »
1849′s Nevada Silver DLC is Still Search...
A few months ago, I took a look at 1849 from SomaSim. This Gold Rush-themed city builder for iPad had a fair bit going for it, but lacked in a few crucial areas to make it a true stand-out on the App Store. SomaSim has since added in a sandbox mode... | Read more »

Price Scanner via MacPrices.net

Check Apple prices on your device with iTracx
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
Refurbished 2013 MacBook Pros available for u...
The Apple Store has Apple Certified Refurbished 13″ and 15″ MacBook Pros available starting at $929. Apple’s one-year warranty is standard, and shipping is free: - 13″ 2.5GHz MacBook Pros (4GB RAM/... Read more
New iPhones Score Big in SquareTrade Breakabi...
SquareTrade has announced the iPhone 6 and its larger sibling, iPhone 6 Plus, performed impressively in Breakability testing, and each carries the top Breakability Score in their respective category... Read more
10 Million + First Weekend Sales Set New iPho...
Apple has announced it sold over 10 million new iPhone 6 and iPhone 6 Plus models, a new record, just three days after the launch on September 19. iPhone 6 and iPhone 6 Plus are now available in the... Read more
Betty Crocker Launches New Cookbook for iOS
Betty Crocker, a General Mills brand, an established food industry leader, has announced its free digital cookbook app has been refreshed to make cooking with iPhone, iPad and iPod touch even easier... Read more
Apple restocks some refurbished 2014 MacBook...
The Apple Store has restocked some Apple Certified Refurbished 2014 MacBook Airs, with prices starting at $769. An Apple one-year warranty is included with each MacBook, and shipping is free. These... Read more
13-inch 128GB MacBook Air on sale for $949, s...
B&H Photo has the new 2014 13″ 1.4GHz/128GB MacBook Air on sale for $949.99 including free shipping plus NY tax only. Their price is $50 off MSRP. B&H will also include free copies of... Read more
Apple offering free $25 iTunes Gift Card with...
The Apple Store is offering a free $25 iTunes Gift Card with the purchase of a $99 Apple TV for a limited time. Shipping is free. Read more
Apple refurbished iPod touch available for up...
The Apple Store has Apple Certified Refurbished 5th generation iPod touches available starting at $149. Apple’s one-year warranty is included with each model, and shipping is free. Most colors are... Read more
iFixIt Tears Down iPhone 6; Awards Respectabl...
iFixit notes that even the smaller 4.7″ iPhone 6 is a giant among iPhones; so big that Apple couldn’t fit it into the familiar iPhone form factor. In a welcome reversal of a recent trend to more or... Read more

Jobs Board

*Apple* Solutions Consultant (ASC) - Apple (...
**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 / Business Analyst, WW *Appl...
…a senior project manager / business analyst to work within our Worldwide Apple Fulfillment Operations and the Business Process Re-engineering team. This role will work Read more
*Apple* Retail - Multiple Positions (US) - A...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, Read more
Position Opening at *Apple* - Apple (United...
…customers purchase our products, you're the one who helps them get more out of their new Apple technology. Your day in the Apple Store is filled with a range of 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
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.