http://www.readwriteweb.com/archives/google_denied_trademark_on_android_nexus_one.php
Thoughts?
McFroger3 said:
http://www.readwriteweb.com/archives/google_denied_trademark_on_android_nexus_one.php
Thoughts?
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I read this last night, and then I saw Nexus One announcement from Sprint today lol
I guess neither Google nor the carriers give a f---
Google will probably make them an offer $$ for the name that they can't refuse.
Integra Telecom's seeing a lot of "green" in their future. Just from the statement made in the article I vision the spokeman rubbing his hands together. Something will be worked out... monetarily.
Integra offers both dynamic (Novus®) and fixed bandwidth (Nexus®) integrated T1
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I don't know how the word "nexus" got trademarked in the first place.
Its a word in the dictionary!
http://www.thefreedictionary.com/nexus
I wonder If "the" is trademarked?
Another reason the patent system (USPTO) needs an overhaul....
BTW, I tried a search for "Nexus" at the USPTO site and got 444 results! ( www.uspto.gov )
britoso said:
I don't know how the word "nexus" got trademarked in the first place.
Its a word in the dictionary!
http://www.thefreedictionary.com/nexus
I wonder If "the" is patented ?
Another reason the patent system (USPTO) needs an overhaul....
BTW, I tried a search for "Nexus" at the USPTO site and got 444 results! ( www.uspto.gov )
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Click to collapse
apple is also a word in the dictionary..... just saying.
britoso said:
I don't know how the word "nexus" got trademarked in the first place.
Its a word in the dictionary!
http://www.thefreedictionary.com/nexus
I wonder If "the" is patented ?
Another reason the patent system (USPTO) needs an overhaul....
BTW, I tried a search for "Nexus" at the USPTO site and got 444 results! ( www.uspto.gov )
Click to expand...
Click to collapse
Trademarks have nothing to do with patents. You can trademark any word (or made up word) for use in branding a product as long as nobody is already using (i.e. has already registered) the same word for another product in that industry. Even if it is a common old everyday word.
Patents are registrations of "how" to do things and have to be clever and "new" and such - and their descriptions are very wordy and it is not much of a surprise that the word "nexus" appears in a lot of them.
flarbear said:
Patents are registrations of "how" to do things and have to be clever and "new" and such
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Click to collapse
Technically you are correct, however, the jokers at the patent office seem to have forgotten the "how" part and have been granting patents on the "end result" lately.
This shouldn't really matter to anyone except investors or Google. As consumers, we are just users of the product and names have no significance to us.
That being said, I think the name Nexus One is cool and much better than Milestone or Droid or Hero.
maybe it should be renamed to....Nexus None.
*rim shot*
flarbear said:
Trademarks have nothing to do with patents.
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Click to collapse
Never said they were, they are just administered by the same agency that issues merit-less patents, "United States Patent and Trademark Office".
The two products are in the same industry, but are not competing or similar products at all.
One is a connectivity service being provide. [Service]
The other is a mobile device. [Product]
I doubt that it is going to go very far at all.
Kind of makes you wonder... throughout the entire development process no one thought to try getting a trademark before the product was launched?
Google will probably license out the name for a few years (two years nexus is gonna be ancient in cell phone lineage), so it won't really matter.
This isn't surprising at all. Motorola pays George Lucas for the name "Droid". I'm sure it wont even be a big deal to Google.
Practically everything is a trademark of something. The whole concept should just be forgotten.
britoso said:
Never said they were, they are just administered by the same agency that issues merit-less patents, "United States Patent and Trademark Office".
Click to expand...
Click to collapse
What you did say was:
I don't know how the word "nexus" got trademarked in the first place.
Its a word in the dictionary!
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Click to collapse
I don't know why you would be surprised that it got trademarked at all. It's a trademark, what does being in the dictionary have to do with it?
And then you said:
I wonder If "the" is patented ?
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Click to collapse
OK, so at this point it appears that you are confusing patents with trademarks.
First, you can't "patent" a word. You patent processes and mechanisms. Even if you could "patent" a word, though, it would indeed be surprising if someone "patented" the word "the", since patents have to do with "new ideas" and a word that is already defined cannot really be a new idea.
But, you can "trademark" a word and trademarks have nothing to do with "new ideas" even if they do happen to be administered by the same agency as patents. They only indicate just the intent to use a term in marketing/promoting a product and there are no restrictions on the term/word being "new" or "not a currently defined word" - only that it doesn't create confusion with another product being marketed and promoted.
They may be administered by the same agency, but the rules for how they can be registered/filed are completely different and your comments seemed to lump them under the same set of expectations (if not actually confusing the two in your comment about the word "the").
Assuming that despite the comments you made above, that when you did your search you really were searching only for trademarks and not patents, then my second comment about the word "nexus" appearing in patent documents doesn't apply. Even still, I might be a little surprised if the word "Nexus" appeared in 444 trademark filings, though I could believe it since there are so many different industries that could have similarly named products without creating a conflict that would cause the trademark to be rejected.
dumbestcrayon said:
This isn't surprising at all. Motorola pays George Lucas for the name "Droid". I'm sure it wont even be a big deal to Google.
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That was surprising (paying for "Droid") since they are separate industries.
The only 2 reasons I could think of was that "droid" was a made-up term and so it was dodgy to believe that they weren't referring to the Lucas creation when they named it. Either that or perhaps they wanted to reserve the right to use Star Wars connections as part of their marketing campaign and so keeping Lucas on their cooperative side would help them if they went that direction in the future.
The "Nexus" (potential) confusion with the androids in Bladerunner/(Do Androids Dream of Electric sheep) is weaker since nexus is a real word that applies to/describes Google's dream of the mobile industry. It would be weak to argue that Google was intending to invoke thoughts of Bladerunner when they made that choice.
flarbear said:
what does being in the dictionary have to do with it?
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I meant that they allowed a product name that is solely composed of a word out of the dictionary. i.e. "nexus" to be trademarked. Any other product that uses that word will have issues after they granted that. i.e "Nexus One"
flarbear said:
OK, so at this point it appears that you are confusing patents with trademarks.
me said:
I wonder If "the" is patented ?
Click to expand...
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Thanks for being so diligent. Updated my post to "trademark".
flarbear said:
your comments seemed to lump them under the same set of expectations
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Click to collapse
Just pointing out that they are loose on both fronts (patents and trademarks).
Related
Just saw this headline. I'm guessing it'll be multitouch related. Or maybe uni-body construction on the Legend? In any case, looks like it'll get ugly (especially if Google gets involved), though hopefully in the end some of their overly broad and generic patents will get invalidated.
Apple Goes After HTC In Lawsuit Over 20 iPhone Patents
http://techcrunch.com/2010/03/02/apple-goes-after-htc-in-lawsuit-over-20-iphone-patents/
That whole company is a bunch of f*cking scumbags
blankd3ckskat3r said:
That whole company is a bunch of f*cking scumbags
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Apple getting a lil worried are we?
blankd3ckskat3r said:
That whole company is a bunch of f*cking scumbags
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Click to collapse
Steve Jobs is a f'ing genius!
I am sure some of you will remember back when apple was trading for a 1.50 a share!
F'ing genius I tell ya!
Android gains some ground and this is how the fight competitors?
Roman G said:
Steve Jobs is a f'ing genius!
I am sure some of you will remember back when apple was trading for a 1.50 a share!
F'ing genius I tell ya!
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Click to collapse
He might be a genious but he's a scumbag and so is every one of his employees. I for one am sick of hearing about this company. They make crap products at way over the top prices. The iPhone revelotionized phones but if u think abut it, its 5 year old technology making it seem like its new. Its ridiculous, its an idiots phone.
I am curious to see if HTC is going to file a counter suit similar to Nokia's, Apple is a newcomer when it comes to cell phones. I am quite sure that HTC has plenty of patents that could be interpreted as being infringed upon by Apple.
I am just happy that these companies are helping to support lawyers during this slow economic time.
Of course, Why actually build a product that educated people can use? Apple wants drones of morons to use their products. Best way to steal HTC and Googles market share back? Offer a product we don't want and eliminate the chance of someone else competeing with a better product. Then we are forced into an Apple way of life. Locked in to no extendable memory, unreplaceable batteries, and no usable file structure.
blankd3ckskat3r said:
He might be a genious but he's a scumbag and so is every one of his employees. I for one am sick of hearing about this company. They make crap products at way over the top prices. The iPhone revelotionized phones but if u think abut it, its 5 year old technology making it seem like its new. Its ridiculous, its an idiots phone.
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Click to collapse
I agree partly. I think Jobs should quit being a greedy ***** and be happy in being a leader and innovator of a piece of history. I guess the family of Henry Ford should start suing all of the other current car makers for producing a mobile vehicle with an engine, and then while he is at it he can sue everyone that uses a production line. Maybe the Wright brothers should sue all plane makers. I mean come on, move on and make something even more innovative Jobs if youre such a "genius"!
mercado79 said:
...though hopefully in the end some of their overly broad and generic patents will get invalidated.
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Click to collapse
Sorry, but this is the whole point of writing patents. Make it as broad and generic as possible so you have a stronghold over your IP. You make more money that way ...
Its probably multi-touch related, which is what Apple's gone after everyone else for. They'll settle, and HTC will license Apple's patent and go about their business.
I'm kind of curious to see if this pushes back the date of us getting 2.1 for our phones honestly. Also gizmodo has the list of patents that there going after. http://gizmodo.com/5483632/apple-sues-htc-for-infringing-on-20-iphone-patents
kbizzle said:
I agree partly. I think Jobs should quit being a greedy ***** and be happy in being a leader and innovator of a piece of history. I guess the family of Henry Ford should start suing all of the other current car makers for producing a mobile vehicle with an engine, and then while he is at it he can sue everyone that uses a production line. Maybe the Wright brothers should sue all plane makers. I mean come on, move on and make something even more innovative Jobs if youre such a "genius"!
Click to expand...
Click to collapse
Now that I do agree with!
It amazes me that apple technology was so far ahead of the game that it has taken other companys this long to catch up with them! They are so used to being at the top when someone else comes along they get scared, and yes i would agree that it is greed, but they would not be where they are without said greed!
And no I am not an apple fanboy, I don't even own an apple product! I just have lots of respect for guys like Steve Jobs, and Bill Gates, they are innovators and do what needs to be done to stay that way! Anyone that can take a company like apple and turn it around like Steve Jobs is a stud in my book!
Gizmodo has the full list of infringement
gizmodo.com/5483632/apple-sues-htc-for-infringing-on-20-iphone-patents
None of the infringements are related to multitouch. I don't think apple even owns that patent, multitouch wasn't invented by them.
This law suit is just full of ****. "Swiping to unlock the screen?" basically all touchscreen phones have that feature now.
xdarkfluxx said:
Gizmodo has the full list of infringement
gizmodo.com/5483632/apple-sues-htc-for-infringing-on-20-iphone-patents
None of the infringements are related to multitouch. I don't think apple even owns that patent, multitouch wasn't invented by them.
This law suit is just full of ****. "Swiping to unlock the screen?" basically all touchscreen phones have that feature now.
Click to expand...
Click to collapse
And what about all of the devs that have created swipe to unlock software? Is he gonna nitpick at them too? "Come here humble dev, let me smack your hand for taking our idea and making it better!"
Double thread.
This is for those that don't leave this forum
http://www.wired.com/gadgetlab/2010/04/microsoft-htc-android-patent/
I admit, I didn't know that forums existed outside of the Hero CDMA until my Apple buddy sent me that link...
both apple & microsoft with wp7 will be no different im afraid. they are both very afraid of android as it is very close to dominating the market.
HeroHTC said:
This is for those that don't leave this forum
http://www.wired.com/gadgetlab/2010/04/microsoft-htc-android-patent/
I admit, I didn't know that forums existed outside of the Hero CDMA until my Apple buddy sent me that link...
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Click to collapse
This is actually good for HTC. If you think about it, Microsoft is actually doing HTC a favor. HTC and Microsoft have a long history with each other, especially because the majority of all the WinMobile devices that are remotely decent are developed by HTC and with Microsoft releasing there new WinMobile 7 OS, they're going to need a good hardware manufacturer; who better than HTC?. The title may say that Microsoft "sued" HTC, but I bet there were some backdoor negotiating about how each company could help each other ultimately. It's kinda like: "The enemy of my enemy is my friend" -- Apple being the ultimate enemy here.
By paying royalties to Microsoft, HTC is pretty much "shielded" from anything Apple will try to do in regards to those 20 those patents Apple is suing HTC for. Microsoft has such a huge list of patents, which HTC can now "claim" that they're using in conjunction with Microsoft. With Microsoft in the mix, Apple isn't just dealing with HTC one-on-one anymore, they're dealing with Microsoft as well... who would probably ***** slap Apple. Bill Gates has already done that to Steve Jobs actually
Overall though, like fixxxer said above, the mere fact that either Microsoft of Apple would decide to sue should be an indication that both companies are afraid for the dominance Android could have, but given enough time... Android's overtaking of the market is inevitable, especially when Father Google is the company that's running ship.
Oh and yes, XDA is my virtual home!
pseudoremora said:
This is actually good for HTC.
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Click to collapse
Well, it's good for them in the same way that if you're the victim of a protection racket, it's probably "good" for you to keep up on your payments.
Reading between the lines, I'd say the most significant thing about the article is that it sounds like Microsoft is gearing up for a major assault on Android through patent suits. (Not that that should surprise anybody...)
subliminalurge said:
Reading between the lines, I'd say the most significant thing about the article is that it sounds like Microsoft is gearing up for a major assault on Android through patent suits. (Not that that should surprise anybody...)
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That's what angers me. They are so afraid of competition that they would rather stifle progression than admit defeat and "work together". I thought that concept of working together was forced on us in kindergarten...no?
subliminalurge said:
Reading between the lines, I'd say the most significant thing about the article is that it sounds like Microsoft is gearing up for a major assault on Android through patent suits. (Not that that should surprise anybody...)
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Click to collapse
It's a matter of perspective and yes, at the end of the day -- Microsoft and Apple are both assaulting HTC/Android, but read this article about this whole Microsoft Suing HTC; it's much different than the Wired version above.
http://techcrunch.com/2010/04/28/microsoft-htc-android-apple-patents/
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The difference with Apple and M$ is that Microsoft does actually own valid patents on complex structure of code such as memory management where as Apple's patents are absolutely outrageous such as "cpu undervolting during idle for mobile devices" or "multitouch on mobile devices" or "icons for mobile devices."
M$ may claim 235 patent violations and, even though they probably don't have nearly that much, I wouldn't be surprised if 100 of those are completely valid. Novell paid up too, and we're pretty sure Novell checked the code and found some validity.
BTW, Independent review found 260 patent violations with gnu and linux. M$ only claims 235. M$, however, has never sued an open-source organization.
And this is actually good for HTC. HTC does pay for licenses if the patents apply. Not to mention M$ is essentially lending its portfolio in the fight against evil, Apple.
Yea, in reading the statements from both HTC and Microsoft, there were never any threats of a lawsuit. Microsoft just approached HTC and basically just gave them the list of patents that they were infringing on and how much it would be to pay for a license. The fact that HTC paid them just means that HTC was either scared and just did it, or they actually had lawyers look at them and see what the validity of them are and found they were valid. I would guess that a company the size of HTC probably paid their lawyers to actually look at the patents before paying them.
Do think just "paying them off" sets a bad precedence for the future of Google and Android?
I am just speculating that it might spark some "holding back" on Googles progression of Android.
Basically, its a pissing contest and who wins? Does Google have the financial backing to take on M$ if they had to?
Edit: Yeah, I'm a Google phanboy so I guess my opinion might be swayed a little....
I know this isn't a news section, as I have been posting news a lot - but I just love the fact that HTC did this! However, forgive me for my lack of relevance to the Nexus One in this post.
I don't have to time to post the entire article, but here is the link: http://gizmodo.com/5537316/htc-coun...eed&utm_campaign=Feed:+gizmodo/full+(Gizmodo)
Happy days?
Good.
(10 characters)
Eclair~ said:
I know this isn't a news section, as I have been posting news a lot - but I just love the fact that HTC did this! However, forgive me for my lack of relevance to the Nexus One in this post.
I don't have to time to post the entire article, but here is the link: http://gizmodo.com/5537316/htc-coun...eed&utm_campaign=Feed:+gizmodo/full+(Gizmodo)
Happy days?
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Click to collapse
Considering Apple is about 40X larger than HTC, I'm sure Apple is just shivering in their boots. Unless Google goes to bat with HTC, I fear this is going to be a lose-lose situation.
There are a lot of angles and too many unknowns to make much of this now. Down the road things should get interesting.
jlevy73 said:
Considering Apple is about 40X larger than HTC, I'm sure Apple is just shivering in their boots. Unless Google goes to bat with HTC, I fear this is going to be a lose-lose situation.
Click to expand...
Click to collapse
Aw, well that sucks.. this thread was quite pointless, this news isn't as interesting as it previously was before. I would rather it be locked, or removed entirely if possible.
As long as this "lose lose situation" doesn't negatively effect Android, I'm fine with however they settle this feud..
Their best defence is a counter suit?
nevermind.....
I'm so happy HTC did this....
Mi|enko said:
Their best defence is a counter suit?
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That's pretty common with suits like this where one party is obviously just taking a shot at a single competitor.
It's basically just a way to point out to Apple that nit-picking enforcement on their entire patent library works both ways and with the number and type of patents that technology companies apply for (tons and generic, respectively), you're bound to be stepping on the toes of someone.
Hopefully both companies will look at the cost it would take to play this out in court, decide to shake hands, drop the lawsuits, and work it out in their licensing offices.
You can bet your ass that none of this will affect any of Apple's iProducts.
binary visions said:
You can bet your ass that none of this will affect any of Apple's iProducts.
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I should remove that from the title, I shouldn't have tried to be so dramatic with the thread name..
Eclair~ said:
I should remove that from the title, I shouldn't have tried to be so dramatic with the thread name..
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Oh, I wasn't really trying to target the thread title; my point was more that Apple will drop their suit or work out a settlement LONG before they actually go to court over these patent charges if HTC has some valid claims against Apple because it'd be stupid to lose the profit margins on their products over trying to do damage to a competitor.
Their flooding of the market with their products does FAR more damage to the competition than any amount of suing would.
binary visions said:
Oh, I wasn't really trying to target the thread title; my point was more that Apple will drop their suit or work out a settlement LONG before they actually go to court over these patent charges if HTC has some valid claims against Apple because it'd be stupid to lose the profit margins on their products over trying to do damage to a competitor.
Their flooding of the market with their products does FAR more damage to the competition than any amount of suing would.
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Click to collapse
Don't you worry about the Thread title, you posted it in General (which in general, Nexus one is still part of HTC and partly concerns it).
Now regarding this, from my side of view (as a paralegal in IP law), HTC actually has a big chance of getting this situation settled, and they can even make some money out of "if ever apple will settle this" which i am sure they will.
In the world of Patents this is how we look at it:
Even if the product of HTC (i.e. first smartphone touchscreen in the U.S. as what they claim to be from T-mobile released in 2002) has not been patented to their rights, but it was publicly published at the time. This can make the apple patent as "invalidated", which apple cannot use to file a lawsuit agaist HTC (basically the case will be dismissed). And this is if HTC proves the USPTO court enough evidence.
Now, i believe HTC has now patents over this touchscreen but not in the U.S. and they are using this to hold off apple importing all their touchscreen based products.
oh man, how i wish we are handling this case!
For those of you who haven't seen the video, here it is:
http://www.youtube.com/watch?v=wFeC25BM9E0&feature=share
DeadSOL said:
For those of you who haven't seen the video, here it is:
http://www.youtube.com/watch?v=wFeC25BM9E0&feature=share
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Click to collapse
Just makes you wonder how can the Samsung lawyers let this charade go this far! For crying out loud, if a couple of guys can collect this amount of evidence in a matter of few days, I'd say there is something wrong with this whole trial.
Actually this video (as some of you would have probably already seen) would be more relevant: especially @4:14
http://www.youtube.com/watch?v=Tj-KS2kfIr0&feature=youtube_gdata_player
I remember that 1994 Steve Jobs interview when he basically admits he steals ideas, but that was when Apple were really struggling so didn't have investors and shareholders that would have shot him in the kneecaps if he said the same thing recently.
http://www.youtube.com/watch?v=CW0DUg63lqU&feature=youtube_gdata_player
---------- Post added at 01:39 AM ---------- Previous post was at 01:25 AM ----------
caslca said:
Just makes you wonder how can the Samsung lawyers let this charade go this far! For crying out loud, if a couple of guys can collect this amount of evidence in a matter of few days, I'd say there is something wrong with this whole trial.
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American courts, American company.
Do you think Johnny Foreigner is ever gonna get a fair trial against a huge American company like Apple? I mean big business always funds election campaigns over there so companies like Apple have basically bought shares in USA plc.
caslca said:
Just makes you wonder how can the Samsung lawyers let this charade go this far! For crying out loud, if a couple of guys can collect this amount of evidence in a matter of few days, I'd say there is something wrong with this whole trial.
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Click to collapse
The lawyers are horrible. It is easy to defend that. All they need is to get a hand on any documents that show Apple researching Windows OS because everyone knows everyone, including Apple researches other companies.
The recent Samsung documents telling the designers how the Galaxy S should differ from the iPhone are a real blow to the whole case, in my opinion. That's what has to stand the brunt of the attack now.
Also, one of Samsung's documents was rejected by the court. I think they brought it in too late. That's why they leaked it to the public. Ah, Samsung. What are you doing to yourselves?!
Has the whole world gone mad or just America? **** Apple. They will repeat history.. come and go.
Sent from my GT-I9300 using xda premium
I hate this trial just as much as anyone, but Samsung made absolutely NO effort in differentiating their 1st gen Galaxy S (mainly i9000 model) from the iPhone. The first thought that came into my head when they revealed the phone was "why does it look like an iphone inside and out?" I know the needs to take down Goliath and all, but the first Galaxy S was just downright blatant mirror image of the iPhone...even down to the touchwiz icons and UI.
With that being said, the US patent system needs a complete overhaul to stop these frivolous suits and the Supreme Court needs to set precedence once and for all.
Todays consumer are smart. They know what they are buying. A small boy will differentiate sammy from apple. Grow up apple
Sent from my GT-I9300 using xda app-developers app
I hate this trial just as much as anyone, but Samsung made absolutely NO effort in differentiating their 1st gen Galaxy S
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Click to collapse
Korean, japanese and russian companies all have the same principle: first copy a device, then optimize and extend it so much with the gained experience that it becomes superior to the original.
The Chinese unfortunately are not quite there yet - mainly due to lack of hightech but it won't be long.
I know the needs to take down Goliath and all, but the first Galaxy S was just downright blatant mirror image of the iPhone
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Sadly only from looks. It was sooooo sloooooow even though it's based on good hardware, mainly because Samsung decided to go with their RFS and other software issues.
For those of you who haven't seen the video
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Click to collapse
The main problem with the video is that they exclude software, where Apple (partially more or less involuntarely since they base on FOSS software) has contributed lots of patches and extensions to existing standards and helped push new ones. Google's Chrome for instance would at least have had a much harder start if not for Apple's Safari and the resulting changes in the Webkit engine.
Apple has definitely made worthwhile contributions to the advancement of technology. For example they may have stolen the mouse from IBM but if they hadn't, IBM probably wouldn't have done anything with it.
These days however they are just plain being lame. Google should sue them for having web search in the safari browser. It's about the same level of idiocy as what Apple have dropped too.
Sent from my GT-I9300 using Tapatalk 2
dr.m0x said:
Apple has definitely made worthwhile contributions to the advancement of technology. For example they may have stolen the mouse from IBM but if they hadn't, IBM probably wouldn't have done anything with it.
These days however they are just plain being lame. Google should sue them for having web search in the safari browser. It's about the same level of idiocy as what Apple have dropped too.
Sent from my GT-I9300 using Tapatalk 2
Click to expand...
Click to collapse
The universal search patent is especially retarded.
This has always been my bugbear with patent law. Nokia's recent sign up for ms means apple now have legal rights to all of Nokia's patents and are now using Nokia patents against Samsung and htc, and indirectly claiming them as apple's (which from a legal standpoint they are!). However, the simple solution would be to do what LG and Sony already do and that is pay the damned patent license. Yes it increases overall handset cost but not significantly.
It's sad when you consider the patents would have only added on about $5 to the cost of each handset. I doubt anyone would have said "oh man, the s3 is great, but its $5 bucks over my budget".
Sent from my HTC One X using Tapatalk 2
andyl66 said:
Nokia's recent sign up for ms means apple now have legal rights to all of Nokia's patents and are now using Nokia patents against Samsung and htc, and indirectly claiming them as apple's (which from a legal standpoint they are!).
Click to expand...
Click to collapse
Wrong. It may very well be the case that Apple are suing over technology that overlaps with others patents, but it should not be doing so because it does not have the right to sue over patents it has licensed from others. From a legal standpoint they are anything but Apple's patents.
Even Intellectual Property licensed with the explicit intention of allowing a third-party to sue over the IP, isn't valid for a suit (big case on that in recent years).
Licensing means I say "Okay you can use my spatula when you need it in exchange for your mother's bra". It doesn't mean if on some other occasion someone else has it you can scream "Thief!! That spatula doesn't belong to you, give it back!" At the end of the day it's still my spatula so I can still give it to whomever else I want, and if someone steals it, that's my concern not yours.
Same thing: the patents are still Nokia's. The absolute best Apple could do is pressure Nokia into suing. You cannot sue on someone else's behalf except in exceptional cases like the would-be plaintiff is under-age, or dead.
Well, whatever the case may be, we all know that Apple is a crap company and it's trying to threaten our beloved Android. I love the fact that Android is open-source. I love the fact that Android-based devices are popping up everywhere. Nikon has made an Android-based camera. Isn't it lovely when all your devices use the same software? Isn't it amazing that we can legally hack these devices and modify them? Thank you Google for being such a friendly company!
This section is for the discussion of the SGS3, not for apple nonsense.
Closed.
This is on a few sites.......again its more same old but its all nice and very clear.
http://9gag.com/gag/5195630
This has already been posted at least once on this very forum page!
Secondly do you really think your smarter than a bunch of higher paid, highly successful lawyers, they would have seen all this and if they didn't choose to use it in court they would have had a very good reason for it.
(p.s. I am a lawyer and I hate it when others think they can to do my job better than me )
Now that's one touchy mother. He wasn't insulting anyone, sheesh
Yikes!
Hello, yeah I would like a taxi please for a XDA member.
Can I book it under the name Mr Attitude, yeah its just the one.....going to Thinks Highly Of Himself Street.
Joking aside, I guess there is loads of this on here but I care not to search through them all.
Will leave it at that, if no replies will take post down.
PS
Could you have not gone and given them a hand
Lennyuk said:
This has already been posted at least once on this very forum page!
Secondly do you really think your smarter than a bunch of higher paid, highly successful lawyers, they would have seen all this and if they didn't choose to use it in court they would have had a very good reason for it.
(p.s. I am a lawyer and I hate it when others think they can to do my job better than me )
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Ok but I want to know why not use all of this things thei have against them
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Going by what some say the Judge would not allow some picture evidence, not sure what it was.
mariusdroid said:
Ok but I want to know why not use all of this things thei have against them
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Click to collapse
Patent law is a funny thing, especially US patent law. Apple are suing on Patents they have that are granted, not pending, therefore, it doesn't really matter if the product existed before the patent was granted or not. Those respective companies had their time to appeal against the granting of the patent before it was approved and they for what ever reason chose not to.
The only way that they would now be able to 'appeal' against these patents would be to say that the patent was negligently approved in the first place, this is a whole different legal issue and one that in the first instance would not involve Apple but the Patent Office.
voodoochild2008 said:
This is on a few sites.......again its more same old but its all nice and very clear.
http://9gag.com/gag/5195630
Click to expand...
Click to collapse
From what I have read they used all those, but the dumb patent office in the US awarded Apple the patents, and that is what the jury of home boys voted on, even though prior use and art existed. If sanity prevails as the US patent office re evaluates these patents they will get dismissed. It is the only way to end this crap and move on, and for the US system to prove it works fair on the international stage. With regards to Google, maybe the concept was borrowed from Apple for Android but someone wrote the code and designed the UI that frankly bears no resemblance to IOS. Man has always got inspiration from others thats how we move on. Apple are scared stiff of Microsoft vs Apple all over again. Until the patents are nullified or amended, the likes of Samsung will just change a few things as they have with the S3. 2 thumbs and tilt to zoom. one thumb tilt to pan, bounce effect replaced with blue glow.
I know its so messed up over there, I don’t know if other countries are as bad.
Korea gave them both a slap on the wrist, UK was not having any of it, America 1 billion and change.
Other companies should have stepped up and questioned what Apple was doing, maybe the people who get paid the high money dropped the ball on this, either way I just hope they can get something out of all that talk about the trial and the mistakes made during it.
Think the best one was one guy saying they made their mind up on day one, he then goes on to say they took the full amount of time before making the decision.
Its funny in some ways this will cost Apple, even more so if they dont have the tech.
Samsung and others will need to up the game, make bigger changes to get round the US law, we know Samsung has the tech waiting to go and yet like most companies they give it to you bit by bit each year.
Now as other companies make changes this will in turn force Apple to keep up, no longer able to give out last years model with a few slight changes.
As posted the picture evidence i understand was to late for inclusion in the case .
This post is not copyrighted or patented .
jje
Lennyuk said:
Patent law is a funny thing, especially US patent law. Apple are suing on Patents they have that are granted, not pending, therefore, it doesn't really matter if the product existed before the patent was granted or not. Those respective companies had their time to appeal against the granting of the patent before it was approved and they for what ever reason chose not to.
The only way that they would now be able to 'appeal' against these patents would be to say that the patent was negligently approved in the first place, this is a whole different legal issue and one that in the first instance would not involve Apple but the Patent Office.
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The US patent system is broken! A patent should not be granted if it already existed in the market.
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CuBz90 said:
The US patent system is broken! A patent should not be granted if it already existed in the market.
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yes, but that is an issue for another day, doesn't matter how or why it was granted, the fact in this particular case is that a patent (or patents) was (were) granted and apple are suing on them.
The Jury had a Maximum Bias mode on, doubt it would matter
http://gizmodo.com/5938219/why-the-apple-v-samsung-ruling-may-not-hold-up
Anyway, instead of innovating apple just copy pastes the same device while trying to slow down others and keep the applebois proud. yawn..
Well I hope other countries see how wrong America is, not so much on this case as its done/almost done now, I mean for the future and how the system over there is holding back others all because there is a very vague patent on something that makes inventing anything new like walking through a mine field.
S1 1ghz 5mp camera 720p recording 4inch screen.512 ram
S2 1.2ghz dual core 8mp camera 1080p recording 4.3 inch screen.1gig ram.
S3 1.4ghz quad core 8pm camera 1080p recording 4.8 inch screen.1 gig ram.
Iphone 620mhz no camera 3.5 inch screen..128 ram.
Iphone 3g 620mhz.2mp camera vga recording.3.5 inch screen.128 ram.
Iphone 3gs 833mhz.3mp camera vga recording 3.5 inch screen.256 ram
Iphone 4 1ghz.5mp camera..720p recording 3.5 inch screen.512 ram.
Iphone 4s 1ghz.dual core.8mp camera 1080p recording 3.5 inch screen.512 ram.
It took them 5 phones to make these changes, they went form a 620mhz cpu to 1ghz dual core.
From no camera to 8mp 1080p recording.
From 128ram to 512ram.
And from a 3.5 inch screen to a..................well 3.5inch screen.
I know its all been said but to me this is not a big leap over 5 years, Samsung has done more over 3 years.
Lennyuk said:
yes, but that is an issue for another day, doesn't matter how or why it was granted, the fact in this particular case is that a patent (or patents) was (were) granted and apple are suing on them.
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Yes, but if the Patents wouldn't have been wrongly granted in the first place then this wouldn't have happened. This wouldn't be allowed here in the UK.
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The Korean electronic manufacturers have a reputation for copying others hard work and research and then producing something similar more cheaply. This is an art they have done exceptionally well at. In more recent years, they have actually innovated rather than just copy.
Nevertheless, the root of the issues with Apple, are about things that should not be patented in the first place. It has got so silly, and I have no idea how this ever gets reversed. However, the key for court cases has to be, very simply, "did the other party achieve a market share through the use of that patent?". If double tapping the screen to zoom in makes Samsung more phone sales, then although the patent is stupid, it is permissable under US law to prosecute. But for any fine, it HAS to be relative to the loss of market share of that patent and that is where the focus of any decision needs to be.
You can be sure Samsung has the very best lawyers. But they are working in a biased country. If the jury consists of US citizens, where Apple is an American company, and Samsung is Korean, then how on Earth can it be impartial or non-biased? This is nothing to do with being racially descriminative, this is purely about patriotism. Hopefully a US judge can see past that in any appeal and over-ride any decision.
Lennyuk said:
This has already been posted at least once on this very forum page!
Secondly do you really think your smarter than a bunch of higher paid, highly successful lawyers, they would have seen all this and if they didn't choose to use it in court they would have had a very good reason for it.
(p.s. I am a lawyer and I hate it when others think they can to do my job better than me )
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You're way too serious
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jonstatt said:
The Korean electronic manufacturers have a reputation for copying others hard work and research and then producing something similar more cheaply. This is an art they have done exceptionally well at. In more recent years, they have actually innovated rather than just copy.
Nevertheless, the root of the issues with Apple, are about things that should not be patented in the first place. It has got so silly, and I have no idea how this ever gets reversed. However, the key for court cases has to be, very simply, "did the other party achieve a market share through the use of that patent?". If double tapping the screen to zoom in makes Samsung more phone sales, then although the patent is stupid, it is permissable under US law to prosecute. But for any fine, it HAS to be relative to the loss of market share of that patent and that is where the focus of any decision needs to be.
You can be sure Samsung has the very best lawyers. But they are working in a biased country. If the jury consists of US citizens, where Apple is an American company, and Samsung is Korean, then how on Earth can it be impartial or non-biased? This is nothing to do with being racially descriminative, this is purely about patriotism. Hopefully a US judge can see past that in any appeal and over-ride any decision.
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LOL
Patriotism.
Enviado do meu GT-I9300
Lennyuk said:
This has already been posted at least once on this very forum page!
Secondly do you really think your smarter than a bunch of higher paid, highly successful lawyers, they would have seen all this and if they didn't choose to use it in court they would have had a very good reason for it.
(p.s. I am a lawyer and I hate it when others think they can to do my job better than me )
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Click to collapse
You're a lawyer? I would expect more of an intelligent response from a lawyer who is moaning about someone thinking they can do your job better, as well as a far better formed sentence. I mean isn't one of the main points of being a lawyer (or wouldn't that be a solicitor in the UK?) being able to write properly in extensively complex and correct English?
Before you go *****ing about how my English isn't all that - I'm not the one claiming to be a lawyer in a most unbelievable manner...
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