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kiranmk2

macrumors 68000
Oct 4, 2008
1,549
2,035
Not a lawyer, but from my understanding, the validity of a patent doesn't hinge on the question whether the patent holder (or anyone else really) is actively using it or has designed a product that uses it. That wouldn't be a good idea, either. One of the original ideas of patents was that they allowed inventors without money to approach potential financial backers without being worried about having their idea stolen. So, the case of "I've got this great concept but I haven't yet built it" would be a perfectly valid way to use a patent.

The general way of defending yourself against a bad-faith patent lawsuit would be to show either that the patent doesn't cover your specific implementation or that the patent itself is either superseded by prior art (others had already done this before the patent was first filed) or too broad and unspecific to merit protection. (If we were still in the horse & buggy days, you couldn't patent the general idea of using mechanical means to power a vehicle, but you would be able to get a patent for a specific type of engine that you invented.)
I'm not talking about making commercial products, I'm talking about having evidence in the patent that actually exemplifies the technology rather than just protecting it. If these people really are trolls then they possibly won't have spent the money doing the research to show that their invention actually works (i.e. 'reduced to practice'). If the patent doesn't exemplify then it is not valid.
 

kc9hzn

macrumors 68000
Jun 18, 2020
1,603
1,909
Here's my interpretation of it:

This is Apple's way of knocking Mr. Justice Meade down a peg or two. He appears to believe that they've got Apple over a barrel, that they can make any demand, and Apple will be powerless because their only recourse would be to leave the UK market, which Mr. Meade clearly doesn't think they'll ever want to do.

Apple, on the other hand, has made it clear that the option is on the table for consideration. Kind of giving off the impression - 'we don't need you as much as you seem to think we do, so think very carefully'. It may be a scare-tactic, but that's not to say there's no truth and that Apple is just bluffing.

As a UK citizen and avid Apple user it's unsettling, even if it is unlikely Apple will ever exit the market. Still it's got me thinking a lot about not putting my eggs in one basket, and diversifying my device line up with products from other brands.

If, hypothetically, Apple were to cease selling in the UK and closing down their services on top of that, that's all your iCloud Photos, files, iCloud Music Library gone. Food for thought, I guess.
$7 billion is such a large fee that attempted enforcement of it would cause any business to strongly consider pulling out, looking at figures other commenters have posted, it doesn’t look like the UK is worth $7 billion to Apple.

Of course, if the judge really thinks he can make any demand of Apple, that’s just extortion under colo(u)r of law. Is there any precedent for the damages the judge seems to be seeking? And is there some sort of conflict of interest on the part of the judge that really should have caused him to recuse himself? If not to the first and/or if yes to the latter, this judge ought to be investigated for ethics violations.
 

polaris20

macrumors 68020
Jul 13, 2008
2,493
767
In the UK we do not elect judges. The judiciary is very independent of the politicians and that is IMHO it should be. Checks and balances like on the scales of justice.
That is good, except when the judges are kowtowing to patent trolls, and there's no recourse.
 
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nebo1ss

macrumors 68030
Jun 2, 2010
2,903
1,695
This is getting crazy.

I’m sided with Apple on this one. The tech world is becoming a mine field. In my view companies that own patents and build nothing with it for commercial purposes for over a period of time, say 2 years, it should be automatically voided and become public domain.
It find it difficult to feel any sympathy for apple as they are getting a bit of their own medicine. I seem to remember Apple sueing Samsung for copying the shape of their phone which they had patented. What goes around comes around. Apple is one of first to call in the lawyers.
 
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alecgold

macrumors 65816
Oct 11, 2007
1,368
903
NLD
ok splitting hairs?
Nah, there is a big difference between a fine and a damage payment. The first is punitive, the second is to restore the other party as if there has been no damage done. which is odd because the patent troll never had damage, just a shady business model.
 
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Nuno Lopes

macrumors 65816
Sep 6, 2011
1,268
1,130
Lisbon, Portugal
It find it difficult to feel any sympathy for apple as they are getting a bit of their own medicine. I seem to remember Apple sueing Samsung for copying the shape of their phone which they had patented. What goes around comes around. Apple is one of first to call in the lawyers.

My position on these matters are people and progress centric, not so much Apple or any other company.

The patent space is a mine field, mostly not productive, yet $$ and everyone with enough $$ is planting their mines.

The premises of the patent system is to protect intelectual property and production of whoever owns it. Yet, it became a scheme to charge production on whoever happens to step on it. In my opinion the patent system is being abused.
 
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TEG

macrumors 604
Jan 21, 2002
6,621
170
Langley, Washington
Why in the world is anyone allowed to own patent on any standard technology? You pay the standard group, and everything is handled. Apple has to use these standards to work with GSM networks, and no one else should be involved.
 
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kc9hzn

macrumors 68000
Jun 18, 2020
1,603
1,909
It find it difficult to feel any sympathy for apple as they are getting a bit of their own medicine. I seem to remember Apple sueing Samsung for copying the shape of their phone which they had patented. What goes around comes around. Apple is one of first to call in the lawyers.
I think there’s at least some difference between a standards essential patent (an SEP) and something like your example of the Apple’s patent that they fought Samsung over. It’s not an essential feature of a smartphone that the phone’s corners have a particular radius, of course, while the argument here is that this firm claims a patent that’s required to even be able to implement 4G LTE service in a device. In other words, to make a smartphone of any sort (or a cellular Apple Watch or a cellular iPad), you have to pay this firm. These international patents are especially dicey, given that, of course, a judge only has authority in a single national jurisdiction, and what international patent protection and enforcement there is is a matter of treaty law, international law, contract law, etc. A far better approach, at least for essential patents, would be for forced participation in a global patent pool (held by the governing body of the standard) as a requirement for having your patent recognized as being SEP, and for non-participators to only be able to bring suits against the standard governing body if the accused violator is a member or licensee. (Basically, the standards body would additionally serve as global licensing and indemnity pools for the patents related to the standard.)

A lot of people in the tech space also make a distinction between firms that hold patents and pursue litigation based on their holdings but make actual products, especially products using those patents, and firms that hold patents and pursue legal action despite not making products. Furthermore, firms that only exist to buy patents and to pursue legal action on those patents are even more looked down upon by people in the tech space, these are called patent trolls.
 

adamlbiscuit

macrumors 6502a
Sep 22, 2008
576
1,297
South Yorkshire, UK
Welp, looks like Jon Prosser has got hold of the story too. I wonder, if this news was to become mainstream in the UK (I haven't seen it on any mainstream news channels or outlets with exception of the Metro) would it have an impact on UK customers relationship with Apple and vice versa? Surely Apple don't want conversations not fit for the end user to be broadcast.
 

Ethosik

Contributor
Oct 21, 2009
7,820
6,724
If they “come to exact same solution independently” as I did in my patent but after a patent with timing priority is granted to me, they have to pay me or anybody I assign or sell it to.

it’s about timing priority of disclosure of invention.

You don’t seem to know much about the patent field works.

Just ask Elisha Gray.
Software patents are far worse than this. There are a million ways to get to the same basic idea and if you make a patent so generic, even 1,000 different implementations of "Connecting to a remote server" can sometimes be found in violation of patents.
 
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theotherphil

macrumors 6502a
Sep 21, 2012
898
1,222
I'm not sure your post makes his/hers wrong?
If I start something and destroy it, me fixing it doesn't make me right.

That‘s exactly the point, the slave trade was in full effect long before the British got there. Not only did they NOT start it, they were instrumental in ending it. All of that was explained in the video.
 

avz

macrumors 68000
Oct 7, 2018
1,786
1,866
Stalingrad, Russia
That‘s exactly the point, the slave trade was in full effect long before the British got there. Not only did they NOT start it, they were instrumental in ending it. All of that was explained in the video.
I am wondering if British also learned a concept of “having colonies” from the evil Russians?
Surely the British never started any colonies in some way, shape or form?
 

400

macrumors 6502a
Sep 12, 2015
760
319
Wales
That‘s exactly the point, the slave trade was in full effect long before the British got there. Not only did they NOT start it, they were instrumental in ending it. All of that was explained in the video.
Not quite that simple I have read.
People made a lot of money off it (how many were suffered great ills and murdered for this?), fortunes were established, continuation facilitated, trade was massive (both in people and goods) and a lot of that provides the foundation for some family piles and companies and towns and cities today. The Royal Navy was also instrumental in maintaining and protecting it, as it was a means of projection of UK power. Rule Britannia and all that.

It did end (not immediately though, schemes kept people under the lash), far better it had never started with the UK involvement, but payments were made to owners for the losses they would incur when it was ended (not to the people that suffered). I understand some of those payments continued until recently (2015? Means my taxes have been funding slave owners families side I started paying taxes and nothing to the victims).

So yeah, we did end it, but it is not the rosy story many would have you think is my take away.
 

H2SO4

macrumors 603
Nov 4, 2008
5,671
6,953
That‘s exactly the point, the slave trade was in full effect long before the British got there. Not only did they NOT start it, they were instrumental in ending it. All of that was explained in the video.
Are you missing the point that they played a massive negative role in it? (Along with PLENTY of additional global conquests that we are 'reaping the benefits of' to this day)?
 

cqexbesd

macrumors regular
Jun 4, 2009
176
44
Germany
I mean that’s not really what happened but ok.
It's obviously a simplification because thousands of years of history don't really fit in one line but from Edward to Cromwell it is certainly indicative of much of the relationship. It should not be a significant political factor in the modern world but if you want to look at support for sports teams you ignore nationalism at your peril.
 

KindJamz

Cancelled
Sep 25, 2021
360
295
It really isn’t that laughable.

If some Deliveroo cyclists use an iOS device to run the app to pickup jobs then by definition they are dependent on the App Store - it’s not an unreasonable claim.

Same as when a factory shuts down, it may only employ 200 people but could put 1000s of people out of work when suppliers have to close because they lost their only/major customer.

Likewise if a company’s product is an app like Tinder, Vinted, App-only banks, etc… it’s not just a handful of coders that are dependent on the App Store, it’s all the staff of the company - Starling bank has nearly 900 staff alone so it wouldn’t take too many more app-only businesses to pass your 30,000 estimate.
So Amazon employees are counted. Lol
 

metapunk2077fail

macrumors 6502a
Oct 31, 2021
634
845
Are you missing the point that they played a massive negative role in it? (Along with PLENTY of additional global conquests that we are 'reaping the benefits of' to this day)?

All colonialism is obviously awful and shouldn't be defended but it is worth noting that England was forced into sailing the seas because the Vatican was urging Spain to invade it. The Catholic Church was desperate to get England under its control again. The only way to prevent that was to for England to expand its territory and break Rome's power.
 
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H2SO4

macrumors 603
Nov 4, 2008
5,671
6,953
All colonialism is obviously awful and shouldn't be defended but it is worth noting that England was forced into sailing the seas because the Vatican was urging Spain to invade it. The Catholic Church was desperate to get England under its control again. The only way to prevent that was to for England to expand its territory and break Rome's power.
Don't want to get too off topic and this thread seems to be doing exactly that but no.
England went everywhere. It was a little more than defending against Spain.
 
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