Not good at all
Business process patents are a strange matter. I’m no lawyer, but think the prevalence of possible infringement coupled with the lack of vigilance in protection may cost this company their patent.
The patent appears to have nothing to do with a purchase button, rather gathering metrics online from applications. That’s way too broad of a patent and wouldn’t hold water in court. It would cover everything from online polls to rating websites, all of which predate the patent.
They’re rolling the dice suing companies they believe can’t afford a lawyer and a lengthy legal process to force them to give them a piece of their profits.
This is ridiculous… I really hope that Apple helps protect it’s developers as letting this slide will definitely change the landscape of the iVerse. Something is definitely wrong with the patent system when you can patent something like this…ahh lawyers, what won’t you do
In this case you should let them take you to court and then counter sue. In fact you wouldn’t even need a defense because any blind judge can see there isn’t even a relation. It’s scare tactics and its working on this developer unfortunately for him
Edit: the more I think of this, the more I think there is actually a case for criminal harrassment. Because there isn’t even close to a reason for them to harass this developer. At all. In fact it should go to court and set a precedent if anything. As this sort of thing becomes more common, I lose respect for the entire patent system. Acts like this damage the integrity of the patent system.
Also, this comes under Copyright in GUIs. Tatiana Kruse, a games investment consultant for legal affairs reported the following (in brief here):
THE SOFWARE Directive (91/250/EEC) is the foundation of the application of copyright protection to software in the EU. Basically, since the matter in question is a GUI, and not a computer program (it is a tap to upgrade in the GUI) it does not confer protection.
Basically, in the EU they can neither enforce nor expect protection for this patent anyway, even if it was identical.
The supreme court’s ruling recently was that a GUI is not a program, and thus cannot be protected by copyright law, and this extends to protection by a patent. Marching cubes is one thing, but a GUI is another, and is not protected.
This sets an important precedent for GUI functionality since December 2010, when this ruling was made. How this translates to local US law I do not know. But here in the EU those people would be laughed at.
If that developer were going to court, then the defense’s first step would be to have the court dismiss this patent most likely. But challenging a patent actually costs money (the fees vary per country).
No need to worry at all.
This is actually an excellent chance for those developers to team up and sue the patent office.
This seems like an easy win and it would easily put that patent office on notice and makes them clean up their act.
Also, they could get a lot of money from the patent office in compensation/damages for this and they could also shut down the criminal company that is suing them … after running them into the ground through compensation/damages payments.
I am surprised no one has done this yet … a strong response will make others think twice before committing such follies.
cheers.
I knew I’d find this topic active here.
Not sure why the US government doesn’t weigh in on patent trolling stifling innovation. IMHO they’re hurting the economy by reducing the amount of goods and or services that can be allowed.
Just makes me sick thinking I could release a game and get sued to death extortion style.
Is this REALLY an “easy win” or are we just guessing?
I’d like to hear someone with actual experience on if this has any merit, and if it would be a “easy win” or not if there was a counter-suit.
Assumed knowledge is not the same as real knowledge. Just because it seems silly, and a weak argument, doesn’t mean in actuality the courts will see it as is.
There’s a reason the statue of Justice is blind-- it’s so she doesn’t see what is ACTUALLY going on in court.
This reminds me of a guy who claimed the patent for the downloading and printing of paper models. He was trying to sue every company and individual that created and sold paper models online.
It seems to me that every man and his pet duck wants to patent and copyright everything. The world of avarice and greed is alive and well…
Yes and the patent office is in danger of actually failing because of it. When patents are abused, that is an abuse of power, and completely against the purpose of patents, which is to a) encourage innovation b) protect a genuine inventor’s ideas
I only hope that they can remove the concept of software patents entirely, and focus on inventions such as the lightbulb, as a reasonable patent. Software patents were always an incredibly poor idea.
Brb patenting the wheel.
Reminds me of people suing over coffee or tea being too hot.
JUST STUPID.
so true, why sue this little guy and not go after a top studio. The patent system needs to change.
Here’s a case of big business lawyers trolling the world to see whom they can suck money from. In this case BIG DONALD tries his hand:
http://www.stuff.co.nz/business/industries/4266282/Business-falls-foul-of-The-Donald
And speaking of BIG DONALD how many of you remember his attempt at copywriting a phrase used by bosses for centuries? http://www.usatoday.com/money/media/2004-03-19-youre-fired_x.htm
The really blatant part in that claims is that apple actually pays the patent yet they have the nerve to approach users that use the already patented technology on the patented device.
That would be as if you asked music creators to pay for the mp3 license if they want to run on an mp3 player that covers the license already. Calling it a brainfart would be an insult, but for brainfart.
On the other hand: I’m not from USA and phantasy patents don’t hold anywhere outside “patent-insany land”
Greed. They are just wasting there assests trying to get more money out of these small companies. Just get a buddy lawyer to cover you in court. It will be worth it, trust me.
Hehe. My last name is Watt. I think I’ll trademark that then hit every company that uses the word… then (meglomania laughter) sue everybody that uses an electrical appliance or lightbulb with the word written on it. The new dark ages is upon you! LOL.
Brb I’m gonna patent air
Apple’s legal department is understood to be actively investigating.
Can I get in on that?