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| An example of text selection on an iPhone. |
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| An example of text selection on an Android device. |
Surely this idea cannot belong solely to Apple? Regardless, the results of the investigation show that Samsung's Android devices have infringed upon the claims in the patents under fire. Particularly, this refers to the text selection feature on the browser application, and also the translucent buttons of the Android photo gallery.
This brings to mind what it means to infringe upon a claim. Claims really are detailed, and yet they are broad enough to compass the potential workaround that competitors are using. Samsung's method of text selection is certainly not the same as that of Apple products, and yet it is similar enough that it appears to be the company's way of working around the great idea by using it but striving to be different enough that it doesn't infringe. Investigations unfortunately find it to actually infringe on the claims. So we'll see what the next clever workaround or new idea is. This is where patents come in to foster innovation, I think. Once a great idea has been played, it is up to the other competitors to come up with even better ideas.
We've talked about this a lot in class, how claims while being so detailed also are able to cover a broad area. All mobile devices have some similar standard utilities, like text selection--so it's interesting to see who won the patent for it first. If companies would understand that to build bigger and better products, they will have similar functionalities at the root many times--perhaps they could strive for better innovation without having to worry about which functionalities will not infringe and which will.
ReplyDeleteSargun, great point. It is also contradictory, from the first sight one might think that a lot of details make the patent very specific and particular about one feature. However, it is interesting to see how too detailed patent allows cover a broader area.
DeleteThis is a very interesting case, especially because the text selection feature is a major part of both Apple devices and Android devices. I guess Apple was awarded with this win for patenting this feature FIRST. This really shows how important patents are nowadays.
ReplyDeleteThis is another huge patent, and patent timelines are super important. Any idea how Android could/would respond? It would be hard to replace this tech without somehow infringing on Apple.
ReplyDelete"Workaround" products are products which specifically avoid infringing ALL elements in the patent claims. And these products would replace the patent-infringed products that are currently on the market while the court case is ongoing to minimize the penalty of the patent infringement ruling.
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ReplyDeleteSandy,
ReplyDeleteI love your post. It is impossible to imagine any phone nowadays without the text selection. However, it is also hard to understand how inventors are able to create "workaround" patents for such a feature.