Posts Tagged: "Apple"

The term “sloppy taps” could make a great name for a race horse, particularly one that thrives on running in the mud, or more accurately on a track where there is standing water, which is the true definition of a “sloppy track.” But what Apple refers to as a “sloppy tap” is a control finger motion used to produce a tapping motion on a touch screen that incorporates a sliding motion. How are you to tell whether a tap was intended or a slide was intended? Luckily, Apple has come up with a method of deciphering sloppy taps, and was awarded U.S. Patent No. 7,932,896 on April 26, 2011.

The patent application was originally filed June 28, 2007, and as a result of delay by the Patent and Trademark Office Apple will be entitled to a patent term that is extended by 830 days. While patent term extension seems to be a growing problem due to the backlog of applications, let’s not focus on the patent term, but rather look at the core of what is being protected and how this patent was obtained. I’m not going to defend the patentability of this invention, but rather try use this as an illustration of how to read a patent and search for clue in the file history regarding how and why claims are awarded. It should also demonstrate how easy it can be to distinguish prior art references and overcome rejections if you know what you are doing or are represented by someone who does.

Apple, the company known for such popular devices as the iPad, iPhone and the iPod, has obtained a patent on a glove. Yes, the company known for pushing the envelope with high tech gadgets has entered the clothing market with a patented glove. Not just any glove mind you, but rather one that will be sure to help you keep your hands and fingers warm while still being able to use your favorite smart-gadgets. With respect to claim 1, I do wonder whether a double layer glove with a hole in the outer layer might be infringing, which of course would mean that it should have anticipated the claim.

The final decision in the ITC case brought by Kodak is expected by May 23, 2011, after deliberation of the full ITC Commission. As we wait for the full ITC Commission decision we are left to wonder. The patent at issue relates to a technology invented by Kodak for previewing images on a digital camera-enabled device and the claims of this particular Kodak patent were recently confirmed as valid by the U.S. Patent and Trademark Office (USPTO). So it would seem that the ITC may be poised to issue a ruling contrary to the determination of the Patent Office during reexamination proceedings.

My brother-in-law has been a lover of all things Apple for as long as I can remember. In fact, on the first day the iPad was released, he waited in line several hours just to be one of the first people to get one. Every time I would complain about my PC and the issues I was having, he’d inevitably say, “Gotta get a MAC.” First, we got our iPhones. Next, after many hours and probably even days of lost work time, we finally broke down and bought my iMac. And most recently, I received my beloved iPad as a gift, which I quickly realized and am still learning just how essential this tool has become to my business. In fact, with all of the applications available for my iPad, it has replaced my PC laptop. I’ve written articles on Mobile Business and Mobile Social Media apps you can download to your iPhone, iPad and iPod Touch to take your business on-the-go. Following is the next installment of my business apps series that can help you take your business on the road with you, make your businesses more efficient and Make Small Businesses Look Bigger.

The Apple application for “APP STORE” is currently in opposition proceedings at the Trademark Trial and Appeal Board. Here’s the skinny in 4th grade prose. Back in ’08, Apple opened up its first app store. Shortly thereafter, it filed a trademark application for “APP STORE” in the United States Patent and Trademark Office (“USPTO”). The Examiner said “No way! That mark is descriptive!” Apple said “Nu-uh!” Examiner said “Yes huh!” Apple said, “Nu-uh!!!”, and appealed. Examiner said “OK, fine” and published the application for opposition. Then Microsoft said, “No way! That mark is descriptive!”

In early September of 2010, I was given my new favorite toy, an Apple iPad, as a gift. I originally used the iPad to read books, play games and to surf the Internet. However, I have discovered that the iPad is a fantastic business tool as well. Whenever I am away from my office, I take my iPad with me. With the right applications, the iPad has virtually replaced my laptop.

As the open source movement grows Microsoft, which is always the 800 pound gorilla in the room, may consider bringing patent infringement suits. It seems that is the worry of at least one open source group who claims that it is particularly troubling that Microsoft, along with a group of tech companies that includes Apple, is seeking to purchase the Novell patent portfolio. According to the Open Source Initiative, the Microsoft coalition seeking to purchase the Novell patent portfolio has “no incentive to support open source as a competitive alternative to proprietary software.”

At this time of the year all typically sit back and reflect on the year that has been, spend time with family and friends, watch some football and set a course to follow into the new year. So here are the top 10 events that shaped the patent, innovation and intellectual property industry during 2010 — at least according to me, and with a heavy patent emphasis. What did you expect?

Have you ever heard of a design patent application that remained pending for nearly 11 years? The design patent application was originally filed on January 4, 2000, and the design patent was issued earlier today as U.S. Design Patent No. D629,412. The long and tortured path to obtain the design patent on a drop down menu took 10 years and 50 weeks! Almost unbelievable. Getting this one patent application off the books should meaningfully help the averages, which is a sad commentary in and of itself.

If the remainder of her decision is any evidence as to what she was thinking, it seems pretty clear to me that if she were forced to have addressed that issue she would have said that as a result of Twombly and Iqbal the model patent infringement complaint no longer satisfies the requirements of Federal Rule of Civil Procedure 8. She also found unpersuasive the argument that since Twombly and Iqbal are not patent infringement cases they offer no appropriate guidance or insight.

In a recent article, Mobile Business Tools – Social Media Apps for Apple iPad, iPhone & iPod, I discussed the topic of Social Media/Networking applications that are available for download on the iPhone, iPad and iPod that can help you stay connected to your Social Media. There are thousands of other Mobile Business Tools available to you an can be found in multiple different application categories. Following is a guide to several of the more popular Mobile Business Apps that one can use when on the go to essentially take the office with you. Heed my warning, however, once you start using this tools you will never know when to “go home!”

Over the last several months Apple has been busy filing and receiving patents on a variety of innovations that employ carbon fibers, which will reduce the weight of its popular line of mobile devices, including the MacBook, iPad, iPhone and iPod. There are some wondering whether the iPad 2 might incorporate the carbon fiber reinforced plastic discussed in some Apple patents and pending patent applications. Such a change would take the iPad away from the aluminum frame currently used, which adds unwanted weight to the device.

As I learn more about my new mobile business tools, I am amazed at how much I can do with them to enhance my business. According to Apple there are over 50,000 apps available for download on the iPhone alone. In fact, we often play a game in our family that I like to call, “Is there an app for that?” We have found some seriously odd applications. But with all of the apps that are available, how can you determine which apps are most suitable for you and your business? Following is a guide to some of my favorite and some of the more popular non-industry specific iPhone, iPad and iPod applications that you can use to keep up with your Social Media no matter where you go.

On Wednesday, October 6, 2010, Motorola, Inc. announced that its subsidiary, Motorola Mobility, Inc., filed a complaint with the U.S. International Trade Commission (ITC) alleging that Apple’s iPhone, iPad, iTouch and certain Mac computers infringe Motorola patents. Motorola Mobility also filed concurrent patent infringement complaints against Apple (NASDAQ: AAPL) in the Northern District of Illinois (see complaint 1:10-cv-06381 and complaint 1:10-cv-06385) and the Southern District of Florida (see complaint 1:10-cv-23580-UU). The complaints filed in the two federal district courts do little other than identify the patents owned by Motorola that are believed to be infringed by Apple, specifically identifying the following Apple products that might be infringed: Apple iPhone, the Apple iPhone 3G, the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPad, the Apple iPad with 3G, each generation of the Apple iPod Touch, the Apple MacBook, the Apple MacBook Pro, the Apple MacBook Air, the Apple iMac, the Apple Mac mini and the Apple Mac Pro. This type of naked patent infringement complaint has become the standard and seems to directly contradict the requirements set forth by the Supreme Court in Bell Atlantic Corp. v. Twombly, which required the recitation of specific facts and prohibited mere speculation.