

Apple Patent Application Uses 3rd Party App Screen as Example - jmtame
http://venomousporridge.com/post/908986088/whereto-patent

======
tzs
Accurate headline: "Someone clueless about patents glances at a patent
application, sees an image that matches an existing app, and assumes that is
what is being patented".

The exiting app he's talking about in fact does not appear to do what the
patent describes, which would have been apparent had he tried to actually read
the patent application.

~~~
ergo98
Serious question- Does _anyone_ actually read these things? Patent
applications are enormously unreadable, and in virtually any internet
discussion it comes down to "They patented something trivial!" "No, the
details are what matter" .... QUIET....

So what did they patent?

~~~
Groxx
When it comes to software, the patent office's answer to that is essentially
"no". Pass it through, let the courts decide what to do with it, because they
have no official measure to determine if it should be allowed or not.

Idiotic, but pragmatic, but surely they can use _some_ common sense...

------
jim_h
Since this was also reported a few days ago, is there an update to the
situation?

Have the original app developers made any comments? Anything?

~~~
jim_h
Seems like they just did. Thanks Ravir for posting the link.

To summarize, they have no deal with Apple and they're surprised about the
patent. They're looking for good affordable patent lawyer and/or looking for
Apple Legal to contact/discuss this issue with them.

------
dwineman
Note that the patent doesn't necessarily cover the functions of the 3rd-party
app. It's only the diagram that I'm sure is a copy.

------
dwineman
I'm the guy whose blog is linked here. I've posted a followup:
[http://venomousporridge.com/post/909651311/whereto-patent-
fo...](http://venomousporridge.com/post/909651311/whereto-patent-followup)

------
lr
It clearly reads on the USPTO site: "United States Patent Application". This
is an _application for a patent_ , NOT a patent! Just because someone files an
application does not mean they are going to get a patent (even if they usually
do).

~~~
loup-vaillant
Yes, but even trying is both dishonest and a waste of the patent office's
time. The patent office can still make things right, but Apple just did (some)
Evil™ here.

~~~
metachor
No they didn't. This is the same thing that happens any time anyone gets riled
up about a patent. Someone glanced at the title or an image (in this case) in
a patent application and assumes that is what the patent _is for_. In this
case it is not, which is clear if you read the actual claims of the patent.
The image is one of many existing third-party app screens used in this patent
application to show apps where the invention in question (location-based
notifications) might find use.

Apple did not "just do some Evil" here. This is simply bad reporting about
someone's mistaken mis-observation. I don't know why, but when it comes to
Apple, a lot of people's normal inhibitions for shoddy reporting become
spectacularly lowered.

~~~
invisible
If I copied a business partner's design in line art and put it in a patent
application somewhat related to the business partner's business it would be
OK? I think not.

~~~
glhaynes
If you were patenting a TV and in your patent's example diagram, the TV showed
Mad Men playing on it, would that be OK? I don't know if it would or not, but
it sounds like they're trying to patent the TV, not Mad Men.

~~~
viraptor
Since short fragments are allowed as fair use, one frame from a movie should
be ok too. Whether you can copy a wireframe design of an interface under fair
use is an interesting question though...

------
bbatsell
Discussed here 6 days ago: <http://news.ycombinator.com/item?id=1561364>

~~~
jmtame
was there any response from futuretap?

~~~
Ravir
They just did - [http://www.futuretap.com/blog/the-patent-case-we-havent-
call...](http://www.futuretap.com/blog/the-patent-case-we-havent-called/)

------
fmora
I think this is just a storm in a cup of water. Seriously, read the entire
patent application. The usage of the screen may fall under fair use just to
make a point in the patent application. Don't get lawyers involved. Those
parasites are not worth it for something like this. That is just my gut
feeling.

~~~
thewileyone
This is Apple. They will bring the lawyers into it. You can't even talk about
their pre-released products without a lawsuit hovering overhead.

And ... this is Apple. They win this patent, they'll sue. They've always done
this.

------
fxj
Is apple the new microsoft? I lively remember a lawsuit from apple against
miscrosoft, because microsoft had a wastebin icon on the desktop. copy instead
of innovate.

------
yason
Sounds like they're hosting the prior art themselves.

------
TotlolRon
In the world of silicon valley intellectual property lawyers what you see is
hardly never what it is.

~~~
thewileyone
Doesn't stop the lawsuits from being filed ...

