|
08.12.05
Microsoft Chuckling At Apple Patent Mishap
 By David Utter
An iPod patent has been rejected by the USPTO due to Microsoft having filed a
similar patent five months earlier.
Somewhere in Silicon Valley, a law firm specializing in patents has probably just
finished placing orders for Bugatti Veyrons for its partners. It appears Apple
will be spending a bit of cash with their patent attorneys, as AppleInsider.com
has noted a final ruling from the US Patent Office, rejecting an Apple application
to patent the iPod's software.
Whom do you think should have the rights to the iPod software? Sound
off at WebProWorld.
An application filed by John Platt of Microsoft predates the Apple application
by five months. Mr. Platt's patent lists a method of displaying a menu of media
items for a multimedia asset player. The Patent Office pointed to that May 2002
patent as it cited reasons for rejecting the Apple filing.
Now, Apple must begin the long process of appealing that decision. AppleInsider
notes the company's options as filing an appeal, requesting the Patent Office
to reconsider its decision, or filing a continuation of the application. That
process could lead to a battle in federal court, should Apple not receive the
relief it expects from the USPTO.
Meanwhile, this series of unfortunate events has a couple of staggering implications
for Apple. Without patent protection, the iPod software design could be copied.
And since they don't hold the patent, Apple could be compelled to pay Microsoft
for using its technology in the iPod.
"Our policy is to allow others to license our patents so they can use our innovative
methods in their products," David Kaefer, director of intellectual property licensing
and business development at Microsoft, said in a Bloomberg report.
The iPod and the iTunes Music Store have been key to Apple's resurgence. Apple
holds a number of other patents on the iPod, so they probably expect to eventually
win this fight. But precedent frequently counts in legal battles, and the Patent
Office decision may become what the media player industry has been seeking: a
true iPod killer.
About the Author:
David Utter is a staff writer for WebProNews covering technology
and business. |
