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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 165.24-2.4%Jan 13 3:59 PM EST
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To: tripperd2 who wrote (90169)3/9/2010 2:43:48 PM
From: Art Bechhoefer  Read Replies (1) of 197193
 
Re: Apple patent claims. One question may be whether the touch screen itself is the only patentable device, whether or not it can be manipulated with one or two fingers.

A Supreme Court ruling (KSR v. Telesec [or similar name]) a couple of years ago relates to this issue. The device in question was a method of lifting the accelerator and brake pedals in cars to make it easier for short people to reach the pedals. The device made use of a mechanical linkage between the accelerator and old fashioned carburetors. When electronic ignitions replaced carburetors, a different linkage was used, and the question decided by the Court was whether the new linkage was patentable or whether it infringed the original KSR patent.

The Court decided that the new device did not meet its new criteria for non-obvious designs. That is, the new design was merely an extension of the original idea and was therefore not patentable.

The question raised by the Apple lawsuit against HTC may hinge on how the KSR case is interpreted. It could very well be that the touch screen that Apple claims to have invented is really nothing more than a minor modification of an existing method that seems to be able to be used without paying royalties.

I'm sure that JGoren could help us out on this, but he may be preoccupied running for judge.

Art
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