Greg's bite: It's Monday, so let's sue Apple
TweetFollow Us on Twitter

Greg's bite: It's Monday, so let's sue Apple

By Greg Mills

The Monday morning coffee at too many law firms is still brewing while the top legal minds are plotting a new law suit against Apple. Frankly, I get tired of reading stories about the new law suit of the day being filed against Apple, for whatever reason.  

Some of the lamest suits have been filed and dismissed in recent years. It is interesting to me that the filing of a suit and the dismissal of most of them are treated far differently by the press. With great fanfare the suite is filed' without even a blip on the screen the suite goes away. The hope of most of those filing suits is for an out-of-ourt settlement.  

At any given time, there are likely a hundred or more suits still pending against Apple. It takes a small army of lawyers to keep up on them all and not allow a deadline to pass without answering actions of the other side. Holding a portfolio of patents also costs a fortune and requires another division of lawyers to keep up on patent applications and the tortured processes at the US Patent Office. I have often wondered what the ratio of engineers to lawyers is at Apple.

Being a fairly jaded inventor myself, I both love and hate the patent process. The promise of protecting ideas is grand, but the reality is less so. In recent years the Patent Office has been transformed into a place that extracts funds in any way possible -- and at the end of the process gives you a patent, which is only a license to sue in Federal Court if you want to protect that idea. If you have a few billion in the bank and an army of lawyers on retainer, that is the way you do business. You sue and get sued by competitors.

Sometimes you settle and license the technology to further your product line and use ideas you like. Other times you simply buy the company to obtain their patent portfolio. Most of the time you simply do the legal process, knowing most of the time you can wear the opponent down or out spend them in the process. You bury them with paper. You know that even a valid claim will finally work out in the form of a deal to license and pay some amount for the technology.  

The vast majority of patent suits against Apple are "will it stick to the wall?" sorts of suits. The interpretation of patents can be broad or narrow. A lot of interpretation and argument is made before the courts to force a license agreement or dismiss a suit. Holding a lot of patents is like holding a bunch of cards you can use to trump a competitor who sues with similar technology to what you are using. Sometimes you simply engineer your way around a patent claim, sometimes you can't. Sometimes you argue the patent is invalid.

The patent portfolio is also the ammunition used for suing actual infringing companies who copy everything Apple does. It is possible with enough attorney power and a valid patent to actually get the system to work as advertised.  

It makes me tired just thinking about it. My experience is that, as an individual inventor, getting the Patent System to work to protect my ideas is sort of like trying to roll a large boulder up a hill. If you stop pushing, it will roll back over you. Deep pockets will prevail no matter how egregious the infringement. The Federal Court system is incredibly expensive, and it is always a crap shoot to sue.  

I am glad I gave up my plans to become a lawyer some years back, got right with God and got into honest work.... 

(Greg Mills is currently 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 using a patent pending process of turning waste dual pane glass into thermal solar panels used to heat water. Married, with one daughter still at home, Greg writes for intellectual web sites and Mac related issues. See Greg's web sites at http://www.gregmills.info . He can be emailed at gregmills@mac.com)

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

The best scanner app on mobile
People always say that the best camera is the one you have with you. Well, the same is true with scanners, and your phone can be a pretty great tool for scanning receipts and other documents while you're on the go. [Read more] | Read more »
MARVEL Avengers Academy guide - How to g...
MARVEL Avengers Academy lets you build your own superhero school and fill it with heroes from the Marvel universe. It can be a little slow going to get your school's attendance up though, so we've gathered together somesome tips to help you do this... | Read more »
Shadow Blade: Reload guide - How to hack...
Shadow Blade: Reload is the kind of action-platformer that would have happily sucked up hours of your time on a console a few years back.Now, you can take it with you wherever you go, and its mobile conversion is not too shabby at all. To help you... | Read more »
Tomb of the Mask guide - How to increase...
Tomb of the Mask is a great endless arcade game from Happymagenta in which quick reflexes and a persistent attitude can go a long way toward earning a top score. Check out these tips to see if you can give yourself an edge on the leaderboards. [... | Read more »
Smooth Operator! (Games)
Smooth Operator! 1.0 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0 (iTunes) Description: Smooth Operator is a weird, weird two-player kissing game. Squeeze in for 2 player fun on a single iPad, creating awkward... | Read more »
Sinless: Remastered (Games)
Sinless: Remastered 1.0 Device: iOS Universal Category: Games Price: $1.99, Version: 1.0 (iTunes) Description: | Read more »
_PRISM Guide - How to solve those puzzle...
_PRISM is a rather delightful puzzle game that’s been tailor made for touch screens. While part of the fun is figuring things out as you go along, we thought we’d offer you a helping hand at getting in the right mindset. Don’t worry about messing... | Read more »
Fractal Space (Games)
Fractal Space 1.3.1 Device: iOS Universal Category: Games Price: $.99, Version: 1.3.1 (iTunes) Description: Live the memorable experience of Fractal Space, a unique first person adventure & puzzle game by Haze Games! Will you... | Read more »
Set off on an adventure through the Cand...
Like match three puzzlers? If so, Jelly Blast, the innovative iOS and Android game which launched last year, is worth a look. Jelly Blast sees you head off on an epic adventure through the Candy Kingdom with your friends Lily, Mr. Hare, and Mr.... | Read more »
Ellipsis - Touch. Explore. Survive. (...
Ellipsis - Touch. Explore. Survive. 1.0 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0 (iTunes) Description: | Read more »

Price Scanner via MacPrices.net

Sale! 27-inch 3.2GHz 5K iMac for $1799, save...
B&H Photo has the 27″ 3.2GHz/1TB Fusion 5K iMac (MK472LL/A) on sale for $1799.99 including free shipping plus NY tax only. Their price is $200 off MSRP, and it’s the lowest price available for... Read more
cb Hardcase – Handmade and Premium Protective...
Baden-Baden, Germany based company cb innovations has introduced the new cb Hardcase for iPhone. Featuring fine Italian Premium leather that makes for a unique look and feel, the cb Hardcase... Read more
Free Quartz News Aggregation App Puts News Yo...
Quartz have released their new iPhone app. via the Apple App Store. The app, exclusive to iPhone (also compatible with iPad and iPod touch.), provides a whole new way to experience Quartz, which set... Read more
Apple Watch on sale for $100 off MSRP, free s...
B&H Photo has the Apple Watch on sale for $100 off MSRP. Shipping is free, and B&H charges NY sales tax only: - Apple Watch Sport: $100 off - Apple Watch: $100 off Read more
Sale! B&H Photo offers 12-inch Retina Mac...
B&H Photo has 12″ Retina MacBooks on sale for $300 off MSRP for a limited time. Shipping is free, and B&H charges NY tax only: - 12″ 1.1GHz Gray Retina MacBook: $999 $300 off MSRP - 12″ 1.... Read more
Save up to $470 with previous generation 27-i...
B&H Photo has previous-generation 27″ iMacs available for up to $470 off original MSRP, with prices starting at $1329. Each iMac includes free shipping, and B&H charges NY sales tax only: -... Read more
12-inch 1.1GHz Gray Retina MacBook on sale fo...
Musician’s Friend has the 12″ 1.1GHz Gray Retina MacBook on sale for $1199.99 including free shipping. Their price is $100 off MSRP, and it’s the lowest price available for this model. Read more
11-inch 256GB MacBook Air on sale for $999, $...
B&H Photo has the 11″ 1.6GHz/256GB MacBook Air on sale for $999.99 including free shipping plus NY sales tax only. That’s $100 off MSRP. MacMall has the 11″ 1.6GHz/256GB MacBook Air on sale for $... Read more
Free Reverso Context 3.1 For iOS Offers Conte...
Montreal, Canada based online and mobile translation and dictionary company Reverso has just released its Reverso Context 3.1 mobile app. The app provides its users with contextual translations of... Read more
Free SOSmart Automatic Car Crash Detection Ap...
Santiago, Chile based SOSmart SpA has announced release and immediate availably of SOSmart automatic car crash detection 2.4.8, an update to their app utility developed for iOS and Android devices.... Read more

Jobs Board

*Apple* Solution Specialist - Healthcare - C...
*Job Description* The Apple Solution Specialist - Healthcare proactively drives revenue and profit in the assigned sales segment, Healthcare, specific to Apple . This Read more
Infrastructure Engineer - *Apple* /Mac - Rem...
…part of a team Requires proven problem solving skills Preferred Additional: Apple Certified System Administrator (ACSA) Apple Certified Technical Coordinator (ACTC) 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
Simply Mac *Apple* Specialist- Service Repa...
Simply Mac is the largest premier retailer of Apple products in the nation. In order to support our growing customer base, we are currently looking for a driven Read more
*Apple* Reporter - Business Insider, Inc. (U...
Business Insider is looking for a reporter to cover Apple , the biggest and arguably most important company in tech. As our primary Apple reporter, you will: * Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.