A US judge rules Samsung 'infringed' Apple's auto-complete text patent
bbc.co.uk
bbc.co.uk
Its baffling that this patent was awarded. Even more so that technology innovators are being so anti-competitive and stifling innovation.
Apple scored 1 billion playing the trolling game last time, for a list over-scroll effect and rounded corners no less.
How much will it get this? Two billion? Who knows, but last time around they clearly got enough to buy another judge.
Utterly disgusting.
The usual arguments against patent trolling don't apply to Apple v. Samsung, in my opinion. There is nothing "innovative" about Samsung's early Android devices: they were copy-cat designs that ripped-off Apple in order to get quickly to market and take advantage of the mindshare around Apple's product. That's not a business tactic that should be encouraged.
[1] "Trolling" means to lie in wait for an unsuspecting passer-by, like a bridge troll. There was nothing "unsuspecting" about what Samsung did. This document was damning in the original suit: http://bgr.com/2012/08/08/apple-samsung-patent-lawsuit-inter....
Why not?
2) It tends to hurt American companies, who have a competitive advantage in design, which is easily copied, and help Korean/Taiwanese/Chinese companies, who have a competitive advantage in manufacturing, which is not easily copied. Apple versus Samsung is of course the paradigmatic example of this.
3) It tends to lead to commoditization of markets which I don't think is particularly good for innovation. When you can't compete on design, because someone else can easily copy it, the industry just becomes a race to become the biggest/most outsourced/most vertically integrated. And once that vertically integrated leviathan emerges, it is unassailable. It can destroy everyone on price and also copy any competitive design that gets traction with consumers. Samsung in the Android space is the paradigmatic example of that.
I probably have an atypical, at least among HN-ers, view of the cell phone industry. I view Apple as the underdog, fighting to keep the industry from turning into something like the PC industry, where innovation is more or less dead because everyone is too busy fighting for the thin scraps of profit that are available.
Same judge. Still have to convince a jury though.
For those complaining that autocomplete is obvious and this patent is 'disgusting', they quite clearly have not read it [1].
The patent describes exactly how Apple's autocomplete implementation works, specifically on a touch screen device with a soft keyboard, right down to when things should appear depending on what punctuation is typed in and how new words not in the dictionary should be added. This is not a 'hurr-durr we invented autocomplete' patent, this is 'this is exactly how our autocomplete works' patent.
[1] http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=H...
But also rather ambitiously includes the use of autocomplete using a physical keyboard.
> 7. The method of claim 2, wherein the keyboard is a physical keyboard that is not a part of the touch screen display.
Which appears to describe a nearly identical system to the one used on www.google.com and in many other places; also for which examples of prior usage almost certainly exist. At first glance, I don't see anything that would prevent this patent from being asserted against a laptop manufacturer.
In any event, specific claims can be thrown out as appropriate.
The job of parent trolls is exactly to write specific patents for common sense things or things they didn't invent, and then file some 200 other patents changing one detail. Now you have a broad net of specific patents.
White hat trolls, like Apple, just skip the last step to not be blatant. But they are still just describing common sense. Which is all patents are in the end. You just have subjective rules to draw a line on how common is the common sense being described. And using punctuation while predicting text is not that clever, sorry to break that out to you.
I'm sorry but I don't see any meaningful technical innovation by bringing it to a mobile touch screen.
I wonder if I could apply for a patent for sidebar designs and widgets (for increasing interactivity, customization, conversions etc.). Oh wait those have already been applied for and approved, for example:
Haven't seen as many people switch from Macbooks to Linux/Windows much yet, but have seen a blip in that direction too.
The overwhelming majority of people don't follow silly patent slapfights and tech news. It just has 0 bearing on their life and how much they like their chosen telephone.
> Yes their record iPhone 5S sales and what will surely be record iPad sales reflect that is a large scale thing that is actually happening.
Record sales is a deceptive(and a lagging) indicator of customer/potential customer sentiment. Because:
a. The number of smartphone users has increased exponentially
b. The number in itself cannot be used to ascertain the number of users who owned iOS devices that have switched to other devices or the number of first time smart phone buyers who purchased the device
c. Whenever iPhones are compared to other smartphones it is done with a single make/model ex: 194 million iPhone's vs 80 million Samsung S4's. In the context of this topic, this is a pears to oranges comparison.
- A pear to pear comparison would be to compare iOS sales to Android smartphone sales. In which case it would be 194M vs 880M or a ratio of 0.2204545:1 in 2013
- You can take this a step further and now compare it year over year. i.e. 125M iphones vs 450M android smartphones in 2012. or a ratio of 0.2777777:1
- Using the previous two statements it could be said that iOS smartphone sales have reduced 21% in comparison to android smatphones year-over-year
- The comparison above is not too fair either, to take it a step further you should first remove most international sales (by country) and only keep the numbers from select countries. I would use US and Canada (maybe throw in UK). Next remove all phones that were NOT on a 2+ contract (this would level the playing field, and drops the pricing issues to an extent).
- There are other factors that could also be considered
2.The overwhelming majority of people don't follow silly patent slapfights and tech news. It just has 0 bearing on their life and how much they like their chosen telephone.
Touche.
Unfortunately, you are discounting one basic (and HUGE) fact, most of this majority rely on the advise of the minority aka the active tech enthusiasts and professionals to help make the buying decisions. This minor group does care about lack of control, patents etc.
There are multiple instances of the tech enthusiasts caring enough for making or breaking a product.
For example most designers, engineers and tech enthusiasts (myself included) have despised IE, yet among the hundred (more likely thousand) of people I moved over to Opera, Firefox or Chrome (in that order) less than 3 had ever noticed a webpage to be broken and thought it was IE. It was simply a pain in the ass for us, the developers and we made IE burn.
There are hundreds of such examples.
Maybe I don't understand the patent but it seems Apple patented that the auto-complete suggestions are shown under the input field.
So this is all about interaction design.
I doubt there is anything more to it, but that's just a preconceived notion after reading a couple (literaly, 2) of other Apple patents.
[1] http://news.bbcimg.co.uk/media/images/72438000/png/_72438181...
EDIT: On further reading, this is a screenshot from a Galaxy Nexus, which is indeed produced by Samsung, but which runs completely Google Android, not Samsung's TouchWiz interface. Seeing as this is a software complaint, it should be directed at Google, NOT Samsung, who have little/nothing to do with the software on a Nexus device.
It is imported (attached to hardware) by Samsung so why should it not be their legal problem? Now you would hope that the software's provider would indemnify you and/or fight the legal battle on your behalf but that is for Samsung/Google to sort out not the company allegedly being infringed.
Note that I currently have not looked at the patent or this case in detail and I don't yet have a position on validty, infringement or even know if this is Samsung's own software or Google's.
[Edit - Fixed: "so why should be their legal problem."
Following that path, do you think hardware manufacturer is responsible for pre-installed software e.g. Asus for Windows, and that companies should sue Asus instead of Microsoft?
Does that mean that now that every phone uses a touch screen no other phone can have auto-complete functionality?
Also note that it isn't for all auto-complete systems but a particular approach for touchscreens. See the patent http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=H... or other comments on this thread.
Finally as others point out it is not trolling even if you still think it is abusive use of patents. Patent trolls are companies that have patents that they don't practice themselves that they wait and hide until a juicy target adopts it then they wait under their bridge a little more until it is hard for the target to stop using it then they jump out.
Edit: The BBC op seem to have mangled this article in an attempt to make it accessible (or because the journalist didn't fully read it): http://www.fosspatents.com/2014/01/us-court-finds-samsung-to...
Like a dying star, they're violently trying to implode everything around it.
Now Microsoft and Apple even own their own patent troll (Rockstar Bidco) and they plan (or already have) made plans to split the patents over many shell companies, which can pass the patents along to each other like a merry-go-round, giving each plenty opportunities to sue a company time after time.
Android has a low cost of ownership at the moment which makes it interesting for OEMs. If Apple, Microsoft, Rockstar Bidco or any other trolls keep on attacking Android, the balance will tip over back to Microsoft for the 'accessible' OS that OEMs will want to license (or risk patent attacks of the likes of giant trolls like Rockstar Bidco), opening the door for them to claim all the ground that Android had to cede, and give or take a few years you'd get the same thing as on the Desktop: Apple small marketshare but high profitability, Microsoft high marketshare which compensates less profit margins. But the open mobile development spirit will be dead, as worst case it'll be a minefield with more trolls than innovators, as the former will deplete the market they're in until it's no longer profitable.
Oracle went after the development (break the programming language -> break the platform), Apple went after Samsung (break their biggest manufacturer -> break the platform) Microsoft went after the other OEMs, a bit more stealthy, but they too have attacked Motorola, HTC directly or through subsidiaries. (Patent tax the OEMs -> force them off Android to their own OS)
Anyway, that's how I see it, and it's not getting any prettier anytime soon. Alas, this is all perfectly 'legal'. So I foresee much more lawsuits that'll strangle innovation and limit mobile software development to the 'happy few', unless the USPTO changes (unlikely) or SCOTUS comes up with a solution to this unholy mess.
If it is possible to patent something trivial just because it is now on mobile or in the browser, then I CALL DIBS on patenting every trivial algorithm that exists out there, but "run on a cable adapter".