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Old 01-26-2008, 12:19 PM   #1 (permalink)
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Techdirt: Smartphones Patented... Just About Everyone Sued 1 Minute After Patent Issued

This past Tuesday, the US Patent and Trademark Office issued a patent on "a mobile entertainment and communication device." Reading the patent, you realize it describes the quite common smart phone. It's a patent for a mobile phone with removable storage, an internet connection, a camera and the ability to download audio or video files. The patent holding firm who has the rights to this patent wasted no time at all. At 12:01am Tuesday morning, it filed three separate lawsuits against just about everyone you can think of, including Apple, Nokia, RIM, Sprint, AT&T, HP, Motorola, Helio, HTC, Sony Ericsson, UTStarcomm, Samsung and a bunch of others. Amusingly, the company actually first filed the lawsuits on Monday, but realized it was jumping the gun and pulled them, only to refile just past the stroke of midnight.
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Old 01-26-2008, 01:35 PM   #2 (permalink)
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thing about this tho, any court will overturn the patent, because thats like putting a patent on using words, which u legally can, but wont be allowed to.

I case i can think of is when Coca Cola company put a patent on the word Cola, and sued Pepsi for calling themselves Pepsi Cola.

Patent was issued, but in the courts, the judge said f*** off Coke, its just a work.
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Old 01-26-2008, 03:32 PM   #3 (permalink)
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Quote:
Originally Posted by biggem001 View Post
thing about this tho, any court will overturn the patent, because thats like putting a patent on using words, which u legally can, but wont be allowed to.

I case i can think of is when Coca Cola company put a patent on the word Cola, and sued Pepsi for calling themselves Pepsi Cola.

Patent was issued, but in the courts, the judge said f*** off Coke, its just a work.
I think you're confusing Copyright with Patents. A patent cannot be for a word, since it is for an invention or idea, but a word can be copyrighted.
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Old 01-27-2008, 07:22 AM   #4 (permalink)
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Has anyone checked to see if Pat Riley was involved? Maybe revenue for use of the word "threepeat" is down, and he needs to broaden his stock of exculsively owned words...
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Old 01-28-2008, 08:15 AM   #5 (permalink)
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If an "invention" has already been in use for a specific period of time (i think its a few years) the patent won't protect or give you rights to anything. This company is wasting time and money. The chances of winning this lawsuit is slim to none.
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Old 01-28-2008, 08:35 AM   #6 (permalink)
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Quote:
Originally Posted by Perfect Storm View Post
I think you're confusing Copyright with Patents. A patent cannot be for a word, since it is for an invention or idea, but a word can be copyrighted.
woops, yes i meant copyright on the first one, but it's the same differnece; its like someone now putting a patent on a House: An enclosed surrounding by walls which may consist of any materials, including a roof. At least one door is needed and any number of windows. Garage (see my next patent ) and basements(see my next patent ) are optional.
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