Filed under: Apple Corporate, iPhone
Lawsuit may threaten iPhone sales
Apple just keeps getting hit with lawsuits this month. AppleInsider reports on yet another new lawsuit seeking to bring the iPhone down. Romek Figa of Abraham & Sons filed a 5-page complaint in a Massachusetts district court that alleged Apple violated a patent from 1990. The patent is described as a way for a phone to look up an incoming number and match it with a stored contact, allowing the phone to display the stored contact information. However, the 1990s-based patent references technologies such as a two line LCD and separate receiver. Figa's complaint requests that Apple be tried by a jury; and if he were to win, Apple would have to stop selling the iPhone and further infringing on the patent. He is also seeking damages for Apple knowingly infringing on the patent.
This suit seems to be a little "over the top," meaning that most phones already do some form of this to retrieve information from a contact list and display it for an incoming call. At least, that's the case with every cell phone I've had. Why hasn't this suit had an impact on any other cell phone manufacturers? What do you think about the suit? Be sure to express your opinions in the comments!
[via AppleInsider]
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Reader Comments (Page 1 of 4)
Matt Smith said 5:05PM on 2-27-2008
I think that is a bunch of shenanigans!
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Ket said 6:43PM on 2-27-2008
Knee jerk reactions are great and all, but maybe read the patent instead to better inform yourself. Looks like they are talking about this patent, although it could be another:
http://www.freepatentsonline.com/4924496.html
Prosecution history and the claims are going to be important in determining infringement. don't see much prosecution history in the USPTO (looks like it issued after one office action), but here is the main claim:
1. An automatic incoming telephone call number display device comprising:
a directory of telephone numbers and parties associated with those numbers;
means for detecting the origin telephone number of an incoming telephone call;
means for comparing the detected incoming telephone number with said directory of telephone numbers to identify the party associated with the incoming call number;
display means for displaying the incoming call number or the incoming call number and the identified associated party before the incoming call is answered;
means for logging the detected incoming telephone number;
means for retrieving telephone numbers of incoming calls logged by said means for logging; and
means for automatically entering telephone numbers retrieved by said means for retrieving into said directory.
DJCarbon43 said 9:04PM on 2-27-2008
@ket: All of that is common place on every phone out on the market currently.
As such, if the patent holder has not vigorously defended the patent against past infringments (which obviously they haven't) they do not have a leg to stand on.
Apple's consul will file for summary dismissal, and if the judge is worth his salt, he'll approve the motion.
That simple! ^_^
P.S. It's a pity that the legal system has gotten so suit happy... please bring on the tort reform!
Fritz Laurel said 3:00PM on 2-28-2008
Here, here! Tort reform! Yeah!
I really, really hope the reform working its way through congress right now shuts down these patent trolls, although I suspect it won't.
And the USPTO needs to get its act together. Granting patents for the simplest of things is ridiculous.
I would rather do away with the whole patent system, myself.
PSM said 3:21PM on 2-28-2008
People who make these lawsuits should be thrown in jail and their lawyers disbarred. The guy is essentially claiming a patent on Caller ID and the display of the name stored in the phone. Every cell phone has done this for at least 10 years. If indeed he has a valid complaint, then the lawsuit should be against AT&T, Sprint, Verizon, T-Mobile, Nokia, Samsung, HTC, Motorola, RIM, Apple, Palm, LG, Sony Ericsson, etc. The reason I think he should be thrown in jail is because instead of going after who's responsible, he's going all "OMG I'm gonna sue the iPhone!!!11!" Doesn't exactly make him seem like he's got a valid case.
tristan308 said 5:10PM on 2-27-2008
I think Apple has a patent on being a moron.
This guy is obviously infringing on that patent and should be sued.
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Richard said 5:11PM on 2-27-2008
Every cell phone in the world does this.
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Ryan Trevisol said 6:23PM on 2-27-2008
Exactly. How can you patent a simple database find? I mean I'm assuming there's not much more involved with it than this?
I mean, if we're getting down to the minutia of every little feature of a vast product like the iPhone, and any company has to research every little bit of code to make sure it's not too similar to something someone holds a patent on . . . nobody would bring any patents to market.
This guy should not only have the suit dropped but he should be slapped with a suit by Bob the Dinosaur.
punkassjim said 7:21PM on 2-27-2008
What I want to know is if this guy is raising suit against other phone manufacturers too, or if this is just a witch hunt. Or maybe the guy (company) raises similar suits with all kinds of companies on a yearly basis. I can't imagine such an endeavor would be cheap either way.
Eric B. said 5:13PM on 2-27-2008
This is the dumbest thing I have ever heard. They should be going after every single phone since the StarTac which was my first cell phone. For them to just single out Apple is ridiculous. If they were really serious about this then they would be going after every cell phone manufacturer out there today. They are just looking for a payoff.
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ChillyWilly said 6:00PM on 2-27-2008
Agreed. I smell a patent troll, unless he can prove that there is some sort of direct code theft that Apple is specifically using in the iPhone to accomplish this task he patented.
Man, if this guy wins, we are all in the wrong business for getting a payday.
Sam said 5:17PM on 2-27-2008
friv•o•lous |ˈfrivələs|
adjective
not having any serious purpose or value : rules to stop frivolous lawsuits.
ORIGIN late Middle English : from Latin frivolus ‘silly, trifling’ + -ous .
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Tamim J said 5:18PM on 2-27-2008
This is the most absurd complaint ever. Why don't they go and sue Motorola, Samsung, Kyocera, HTC, Sony Ericcson, etc... This is just somebody who ended up bricking their phone and wants some type of impromptu revenge. I hope the courts have a field day with this one. Stupid, stupid people.
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badweasel said 5:18PM on 2-27-2008
I just filed a patent on a method of adding fluid to your body by putting it in your mouth and swallowing. I'm calling the process "drinking", or "taking a drink".
I'm filing a suit tomorrow... anyone who infringes on my patent will need to C&D.
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G said 6:19PM on 2-27-2008
Peeing patent pending. Just try to C&D that one. Maybe we can do business?
Andrew said 5:19PM on 2-27-2008
Not sure why a patent was awarded for this in the first place - seems like a pretty obvious idea.
Why dont patents include a section where the applicant explains in detail what it could be used for - if the applicant cant think of it at the time it shouldnt count later when they realize another company has done something similar.
I would feel a lot better about these lawsuits if that original patent included a line about how this could be used on a cell phone. Then it wouldn't be a question of if "a two line LCD and separate receiver" also applies to a cell phone on a cell phone network.
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MadMike said 5:19PM on 2-27-2008
Just another patent troll trying to make a quick buck because they have no talent or skill to make one any other way.
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Jeremy said 5:20PM on 2-27-2008
The part that I cant believe is that the American Judicial branch actually lets idiots like this get away with sueing large companies over total crap. Is this guy trying to say he already collects royalties from companies like RIM, Samsung, Sanyo, Motorola, LG, etc. for his "patent"? I think our judges need to get their heads out of their asses and throw out stupid nonsense like this! Ever wonder why it takes 3 years to convict a criminal? Well, probably because the judge is busy overseeing a lawsuit against (insert large corporation name here..)!!
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John said 5:31PM on 2-27-2008
It very well could get thrown out. All that's happened so far is that a complaint has been filed (basically typed this up and took it to the courthouse). Basically, anyone can file a complaint for anything.
Hadi Mirza said 5:22PM on 2-27-2008
This has to be a joke. I agree with 3, every cell phone does have this. It's not even a feature, I think it's mandatory in every cell phone.
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