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What other asserted patent example would have been less objectionable? | 199 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
What other asserted patent example would have been less objectionable?
Authored by: PJ on Monday, January 14 2013 @ 08:13 PM EST
Nothing is unhelpful if it is true.

And what is true is that IP protection has
reached ridiculous proportions. Nobody buys
a phone because it's got rounded corners, so
my logical mind says no one should be able
to stop anyone from using rounded corners,
particularly since Apple was not the first to
do so. They didn't invent that.

We have actually looked at all these patents. I
acknowledge the purpose of design patents, and
trademark law. But even here, it's excessive,
in my view. And that is what makes Apple look
so bad. There is a trend to maximize design
patents, to make them like utility patents. That
was not the intention, and it's plain wrong.

[ Reply to This | Parent | # ]

What other asserted patent example would have been less objectionable?
Authored by: ukjaybrat on Tuesday, January 15 2013 @ 09:23 AM EST
"The design patent wasn't for "rounded rectangles". Both of
us know that."

Did the non-technical jury members that spent
<sarcasm> so much </sarcasm> time deciding whether or not
Samsung violated this
patent discuss every claim? or did they say "rounded
rectangles? yup! next!"

---
IANAL

[ Reply to This | Parent | # ]

What other asserted patent example would have been less objectionable?
Authored by: pem on Tuesday, January 15 2013 @ 09:57 AM EST
<blockquote>
The design patent wasn't for "rounded rectangles". Both of
us know that. Design patents require a bit more precision than that.
</blockquote>

Not much. Most of the claims for how the iPhone/iPad looked were functional:

- rounded rectangles don't get snagged.
- camera, mic -- have to put them somewhere off screen. Probably want the
camera in the middle at the top, where your fingers won't get between it and
your face. Probably want the mic in the middle at the bottom, where it's next
to your mouth when you talk.
- general shape -- optimized for having a rectangular screen with maximum usable
real estate while being able to hold easily in one hand
- minimal bezel -- easy to clean

And so forth. As has been mentioned before, one of Apple's problems (or what
should be Apple's problem if the jury weren't biased) is actually the minimal
design aesthetic. They don't actually have much that isn't functional.

[ Reply to This | Parent | # ]

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