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Apple Awarded Patent on Palm Pre Gesture Area?

We like competition, as long as they don’t rip off our IP, and if they do, we’re going to go after anybody that does….We will not stand for having our IP ripped off and we’ll use whatever weapons we have at our disposal [to make sure that doesn't happen]. I don’t know that I can be more clear than that.”

Apple COO Tim Cook’s on the company’s iPhone intellectual property

Turns out that when Apple (AAPL) COO Tim Cook said the company would use “whatever weapons we have at our disposal” to pursue anyone who “rips off” Apple’s iPhone intellectual property, he had a very specific weapon in mind: United States Patent #7,479,949. Awarded just days before Cook made that statement, the vast 358-page patent describes the touchscreen, graphical user interface and technologies that define the iPhone user experience, including at least one that may define an element of the Palm (PALM) Pre’s as well. From the patent abstract:

A computer-implemented method for use in conjunction with a computing device with a touch screen display comprises: detecting one or more finger contacts with the touch screen display, applying one or more heuristics to the one or more finger contacts to determine a command for the device, and processing the command. The one or more heuristics comprise: a heuristic for determining that the one or more finger contacts correspond to a one-dimensional vertical screen scrolling command, a heuristic for determining that the one or more finger contacts correspond to a two-dimensional screen translation command, and a heuristic for determining that the one or more finger contacts correspond to a command to transition from displaying a respective item in a set of items to displaying a next item in the set of items.

Also described in the patent, a gesture area separate from the iPhone touchscreen UI itself:

In some embodiments, in addition to the touch screen, the device 100 may include a touchpad (not shown) for activating or deactivating particular functions. In some embodiments, the touchpad is a touch-sensitive area of the device that, unlike the touch screen, does not display visual output. The touchpad may be a touch-sensitive surface that is separate from the touch screen 112 or an extension of the touch-sensitive surface formed by the touch screen.

A touch-sensitive area of the device that, unlike the touchscreen, does not display visual output. Hmm. That sounds awfully familiar, doesn’t it? Where have I heard that before… Oh, I know, in Palm’s announcement of the Pre.

Palm Pre features include the following:

…Gesture area, which enables simple, intuitive gestures for navigation”

Makes you wonder what’s going on in the bowels of Apple legal right now, doesn’t it? Palm legal, too. The company could certainly challenge the validity of the patent if it chose to.

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  • Miles long
    They are pissed that Palm has a phone that makes the iPhone look old and seem outdated!
  • Brian Kotlyar
    I don't understand patents.

    Didn't Palm have a non-display touch gesture area on all of the old Palm devices?

    Isn't that what Giraffe writing language was for?
  • James Gregg
    How can this patent stand if Apple didn't invent multi-touch? However even if the patent stands it seems like it could be worked around by simply changing any identical gestures to something different, possibly improving on the idea and coming up with something better.
  • Mike Lane
    Miles comment regarding the iPhone is absurd. Palm is an also ran and will remain so. Their new phone is awkward and bulky and will not help them in the long run as it adds nothing new or innovative to the market, and yet another OS that is way behind in market development. Further, to say that the iPhone is "old and outdated" - really???? It is the most user-friendly, elegant and updatable hand held computing device in the world. Get real!
  • I have long wondered if Apple's patent portfolio strategy around iPhone was a defensive move (block others from suing them) or an offensive one (block competitors), something I blogged about in:

    Upward Mobility, Land Grabs and the iPhone Universe:
    http://thenetworkgarden.com/weblog/2008/05/upwa...

    In general, though, I hope that (longer term) we see a re-thinking of patent law, as I think the market is better served when there are fewer toll roads and economic landmines blocking innovation and competition.
  • @Mark -

    I wonder about that too, but isn't patent law there to boost innovation by protecting those who spend money on R&D?
    But, like anything, I'd agree that the system is probably less than optimal as are so many government enterprises.
  • Miles long
    From ars technica atory - As a dedicated iPhone user, I experienced something very strange and quite unexpected while watching Palm demo the new OS: my iPhone suddenly felt old and played out.
  • Chris Ayers
    I went into the ATT store three times trying to talk myself into buying an Iphone. I went to the Verizon store twice trying to talk myself into buying the Blackberry Storm. I currently have a Blackberry. I hate to tell you Iphoners but the Iphone isn't even close to the Pre.
  • I think Apple may want to tread lightly if they are thinking about a patent law suit.

    Engadget has done a pretty unbiased article on this patent issue. Seems Apple has infringed on more of Palms patents than the other way around.

    To read the full story go to http://www.engadget.com/2009/01/28/apple-vs-pal...
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