• Enjoy the freedom to innovate and grow your business

    [ad] With Microsoft Azure you have hybrid cloud flexibility, allowing your platform to span your cloud and on premise data centre. Learn more at microsoftcloud.com.

  • IT Admin: No Time to Save Time?

    [ad] Do you spend too much time patching machines or cleaning up after virus attacks? With automation controlled from a central IT management console accessible anytime, anywhere – you can save time for bigger tasks. Try simple IT management from GFI Cloud and start saving time today!

  • Free Forrester analysis of CRM solutions

    [ad] In this 25 page report, independent analyst house Forrester evaluates 18 significant products in the customer relationship management space from a broad range of vendors, detailing its findings on how CRM suites measure up and plotting where they stand in relation to each other. Download it for free now.

  • Great articles on other sites
  • RSS Great articles on other sites

  • Reader giveaway: Google Nexus 5

    We’re big fans of Google’s Nexus line-up in general at Delimiter towers. Nexus 4, Nexus 7, Nexus 10 … we love pretty much anything Nexus. Because of this we've kicked off a new competition to give away one of Google’s new Nexus 5 smartphones to a lucky reader. Click here to enter.

  • Opinion - Written by on Thursday, August 4, 2011 10:08 - 3 Comments

    Apple’s Samsung lawsuit raises wider patent questions

    This article is by Kim Weatherall, a senior lecturer in law at the University of Queensland. It was first published on The Conversation.

    opinion The mobile patent wars, it seems, have reached Australian shores.

    On Monday, representatives of Apple and Samsung were in the Australian Federal Court, fighting it out over Samsung’s Galaxy Tab tablet computer.

    Apple is alleging infringement of a series of Australian patents – mainly related to gesture-sensitive touch screens (see list below) – as well as, it seems, breaches of consumer protection law (by misleading people into thinking that the Galaxy Tab is the iPad, or is licensed by Apple).

    The hearing on Monday ended with Samsung undertaking not to sell its US Galaxy Tab 10.1 in Australia (without permission from Apple first), and to give Apple, seven days before launch, samples of an allegedly different “Australian version” of their tablet. The parties are back in court for a procedural hearing at the end of this month.

    But this is far from an isolated battle. It’s a very small part of a global battle over patents in the mobile space. Apple and Samsung are currently involved in litigation in at least nine other countries, and these fights aren’t all one-way: in some, Samsung has countersued Apple for infringing Samsung’s patents. Apple is also fighting with HTC and Nokia.

    Microsoft, too, has been filing patent infringement suits against companies using Google’s mobile system, Android, and observers have commented that Google’s recent patent acquisitions have a lot to do with these battles. Just recently too, all the big companies in this space had a battle for a portfolio of 6,000 wireless patents previously owned by communications equipment manufacturer, Nortel.

    The reasons for the breakout of patent litigation in the mobile space aren’t all that hard to understand.

    Historically, the big mobile phone companies (Nokia, Ericsson etc) had plenty of patents, but ended up licensing each others’ technology. The entry of Google, via the Android system, and Apple into this space must have been a massive disruption to these comfortable arrangements. And the result has been war.

    It is entirely possible – even likely – that the Federal Court will never get to rule on the case – either because the parties settle all the litigation, or because rulings by courts elsewhere lead to a settlement of the remaining cases.

    In a way, that’s a shame, because the proceedings raise some interesting legal and policy questions.

    The key legal question is whether these patents are valid – whether Apple can really claim that the inventions described are really new and inventive across the full scope of the claims. Even once the Australian Patent Office issues a patent, it is still possible for someone sued for infringement, such as Samsung, to allege the patent shouldn’t have been granted.

    And the breadth of the monopoly Apple is claiming, particularly in patent 2007286532, is breathtaking. On my quick reading, that patent seems to cover most commands given using more than one finger on a touchscreen of any computing device (mobile phone, tablet, or anything else). Think “pinch to zoom” and everything else.

    I’d like to think Apple won’t be able to maintain a claim that broad, but in patent law, you never know – it all depends on what existed before the date of the patent.

    The policy questions raised by this case – and all its foreign cousins – are whether the patent system is encouraging innovation in software and mobile technologies, and whether the costs these patents have for competition are just getting too high. What if we were to tote up all the legal fees and expenses, the costs in court time and the diversion of efforts away from innovation and towards litigation, the costs in getting the patents in the first place, and fighting over them worldwide, and buying the patents of defunct companies?

    Do you think we’d be convinced the costs are worth it? Apple and Samsung are big enough and ugly enough to take care of themselves in this kind of battle. But I do worry about the little guys. And I worry about the impact on competition.

    If the case settles, we’ll forget these issues for a while – we’ll get our Galaxy Tabs and all the rest. But the patents will stay with us until the mid 2020s.

    The Australian patents Apple alleges Samsung infringed are:

    Innovation Patents

    • 2008100283: List scrolling and document translation, scaling, and rotation on a touch-screen display
    • 2008100372: Electronic device for photo management
    • 2009100820: Unlocking a device by performing gestures on an unlock image
    • 2008100419: Unlocking a device by performing gestures on an unlock image
    • 2008101171: Portable electronic device for imaged-based browsing of contacts

    Standard Patents

    • 2008201540: List scrolling and document translation, scaling, and rotation on a touch-screen display
    • 2005246219: Multipoint touchscreen
    • 2007283771: Portable electronic device for photo management
    • 2009200366: List scrolling and document translation, scaling, and rotation on a touch-screen display
    • 2007286532: Touch screen device, method and graphical user interface for determining commands by applying heuristics

    Should companies be able to patent ideas such as those listed above? Leave your comments below.

    This article was originally published at The Conversation. Read the original article.

    Image credit: Samsung

    submit to reddit


    You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

    1. looktall
      Posted 04/08/2011 at 4:42 pm | Permalink |

      patent wars are rubbish.

      companies should concentrate on innovation, not litigation.

    2. Eric
      Posted 06/08/2011 at 11:00 pm | Permalink |

      Protecting patents protects innovation – copying is not innovation.

    3. Posted 25/05/2012 at 10:52 am | Permalink |

      efmjnjufs, jJPSbui, [url=http://theeliteporn.com/]efmjnjufs[/url], rqejsyM, http://theeliteporn.com/ efmjnjufs, wCkKfRg.

    Get our 'Best of the Week' newsletter on Fridays

    Just the most important stories, one email a week.

    Email address:

  • Most Popular Content

  • Six smart secrets for nurturing customer relationships
    [ad] Today, we are experiencing a world where behind every app, every device, and every connection, is a customer. Your customers will demand you to be where they and managing customer relationship is the key to your business’s growth. The question is where do you start? Click here to download six free whitepapers to help you connect with your customers in a whole new way.
  • Enterprise IT stories

    • NetSuite in whole of business TurboSmart deal turbosmart

      Business-focused software as a service giant NetSuite has unveiled yet another win with a mid-sized Australian company, revealing a deal with automotive performance products manufacturer Turbosmart that has seen the company deploy a comprehensive suite of NetSuite products across its business.

    • WA Health told: Hire a goddamn CIO already doctor

      A state parliamentary committee has told Western Australia’s Department of Health to end four years of acting appointments and hire a permanent CIO, in the wake of news that the lack of such an executive role in the department contributed directly to the fiasco at the state’s new Fiona Stanley Hospital, much of which has revolved around poorly delivered IT systems.

    • Former whole of Qld Govt CIO Grant resigns petergrant

      High-flying IT executive Peter Grant has left his senior position in the Queensland State Government, a year after the state demoted him from the whole of government chief information officer role he had held for the second time.

    • Hills dumped $18m ERP/CRM rollout for Salesforce.com hills

      According to a blog post published by Salesforce.com today, one of Ted Pretty’s first moves upon taking up managing director role at iconic Australian brand Hills in 2012 was to halt an expensive traditional business software project and call Salesforce.com instead.

    • Dropbox opens Sydney office koalabox

      Cloud computing storage player Dropbox has announced it is opening an office in Sydney, as competition in the local enterprise cloud storage market accelerates.

    • Heartbleed, internal outages: CBA’s horror 24 hours commbankatm

      The Commonwealth Bank’s IT division has suffered something of a nightmare 24 hours, with a catastrophic internal IT outage taking down multiple systems and resulting in physical branches being offline, and the bank separately suffering public opprobrium stemming from contradictory statements it made with respect to potential vulnerabilities stemming from the Heartbleed OpenSSL bug.

    • Android in the enterprise: Three Aussie examples from Samsung androidapple

      Forget iOS and Windows. Today we present three decently sized deployments of Android in the Australian market on Samsung’s hardware, which the Korean vendor has dug up from its archives over the past several years for us after a little prompting :)

    • Businesslink cancelled Office 365 rollout cancelled

      Microsoft has been on a bit of a tear recently in Australia with its cloud-based Office 365 platform, signing up major customers such as the Queensland Government, Qantas, V8 Supercars and rental chain Mr Rental. And it’s not hard to see why, with the platform’s hybrid cloud/traditional deployment model giving customers substantial options. However, as iTNews reported last week, it hasn’t been all plain sailing for Redmond in this arena.

    • Qld Govt inks $26.5m deal for Office 365 walker

      The Queensland State Government yesterday announced it had signed a $26.5 million deal with Microsoft which will gain the state access to Microsoft’s Office 365 software and services platform. However, with the deal not covering operating system licences and not being mandatory for departments and agencies, it remains unclear what its impact will be.

    • Hospital IT booking system ‘putting lives at risk’ doctor

      A new IT booking platform at the Austin Hospital and Olivia Newton-John Cancer and Wellness Centre in Melbourne is reportedly placing the welfare of patients with serious conditions at risk.

  • Enterprise IT, News - Apr 17, 2014 16:39 - 0 Comments

    NetSuite in whole of business TurboSmart deal

    More In Enterprise IT

    News, Telecommunications - Apr 17, 2014 11:01 - 105 Comments

    Turnbull lies on NBN to Triple J listeners

    More In Telecommunications

    Featured, Industry, News - Apr 17, 2014 9:28 - 0 Comments

    Campaign Monitor takes US$250m from US VC

    More In Industry

    Digital Rights, News - Apr 17, 2014 12:41 - 12 Comments

    Anti-piracy lobbyist enjoys cozy email chats with AGD Secretary

    More In Digital Rights