The big technology news last week concerned the patent granted to Apple by the US Patent Office to protect the iPhone's multi-touch user interface (patent number 7479949). Apple's patented invention translates imprecise user gestures into precise, intended commands that are easy to use, configure and/or adapt through heuristics (the trial-and-error based engineering technique that reduces the calculations necessary to arrive at a solution to a problem). The heuristics disclosed in the patent allow electronic devices with touch screen displays to behave in the manner desired by the user despite inaccurate input by the user. This is good news for those of us with fat fingers, as we don’t have to spend a lifetime trying to perfect the "pinching" and "swiping" techniques in order to change screen shots on the iPhone. But the patent is bad news for Palm, whose Pre ("coming soon" according to their website) is reported to have an "iPhone-style touchscreen".
If the technologies employed in the Pre infringe Apple's patent, Palm will either have to go back to the drawing board or licence the technology from Apple. Given the much-publicised antipathy between Apple and Palm (see "Apple vs Palm: Geeks with grudges"), it would seem unlikely that such a licence would be granted.
Tim Cook (Apple’s acting CEO) may think that competition is good and "makes us all better" but whether he welcomes competition from Palm, whose executive chairman, Jon Rubenstein introduced the Pre by talking about how he retreated to Mexico to lick his wounds after leaving Apple, remains to be seen.
Apple’s new patent may also impact upon future versions of the Nintendo DS, which already uses touch screen technology, and the Sony PSP, as Sony were rumoured to be playing with similar heuristics technology for the next PSP (see here).
How do ya’ like them apples?
I think the lawyers are going to have a field day after reading this http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/
It seems the iPhone could be infringing some Palm patents too!
Posted by: Geoff | February 02, 2009 at 12:22 PM
Yeah, as per Engadget review, Palm's third option is to just carry on regardless and dare Apple to sue, in the knowledge that Palm probably also hold relevant patents. Mutual Assured Destruction, how are ya.
This sort of Mexican standoff may be a counterprocess to the annoying and fraught business of patent cross-licencing deals; standoff favours incumbents, but so do cross-licencing deals, neither protect you from patent trolls, and standoff saves you fees to your fee-earners!
I can see how this might not be a great solution for the Naked Law team, mind. :-)
Posted by: Stuart Langridge | February 02, 2009 at 06:38 PM