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August 12, 2005
Patent Wars - Apple vs Microsoft
One of the reasons for patent reform is to ensure that patents create incentives for invention, rather than being used strategically against competitors. An example of the latter might be the recently announced case where Apple Fails in Patenting IPod Technology:
Apple Computer Inc., whose iPods are the top-selling music player in the United States, lost an attempt to patent some of the device's technology because rival Microsoft Corp. had already filed a similar application.
Microsoft beat Apple to the patent application by five months, U.S. Patent and Trademark Office documents show. Apple's request, filed by chief executive Steve Jobs and other officials in October 2002, was rejected by patent officials last month.
Apple plans to appeal the decision to ensure it won't be forced to pay royalties to Microsoft on every iPod sale.
Understandable, Apple is upset:
"Apple invented and publicly released the iPod interface before the Microsoft patent application cited by the examiner was filed," Apple spokeswoman Natalie Kerris said yesterday in a statement. The company has received other patents related to the iPod and has other patents pending on the device, she said.
The story goes on to state:
Microsoft employee John C. Platt applied for the patent on behalf of his company in May 2002.
. . .
Microsoft's application was rejected in December 2004, patent office records show. Platt amended the application in April 2005, and on June 27 the office indicated that Microsoft's pending patent would be approved.
The stakes in this game are huge:
The iPod already faces competition from Microsoft-powered music players. Microsoft said this week it is working with electronics makers to design new devices for release in the end-of-year shopping season.
I don't know all of the details of the case. But, I can bet that it will spark renewed debate on a number of patent reform issues, such as first-to-invent vs first-to-file, the practice of filing amended applications after rejection, and the access of the patent examiner to outside, publicly available information.
Last I heard, the patent reform bill was stalled in the House Judiciary Committee. Maybe this will change things.
Or maybe not.
Posted by Ken Jarboe at August 12, 2005 8:37 AM
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