PDA

View Full Version : Infringements ????


zhamilton1
08-22-2003, 07:21 AM
Brighthand has just posted an article about that E-Pass has filed a lawsuit against all handhelds...

http://www.brighthand.com/article/All_Handhelds_May_Infringe_on_Patent

They DONT EVEN HAVE A PRODUCT!!!

I think it's realy unfair that there is no difference between making a product and thinking of an idea.

So if I think of a new way to fly but have no idea how to implement it, no money, but make a patent and then later someone who thinks on his own of an idea and implements it only to find that someone else has thought of the idea first and patent it!!!

What about the newton, it was created before 1994... it that OK?
Or is it because it is dead, it does not count?

I am sick and tired of all these lawsuits... if you have a better product you will win, if you don't work harder! dont pull down companies who are succesful, just because you are NOT!!!

kp*
08-22-2003, 07:36 AM
That sounds ridiculous! First of all, as you said, the ability to patent an idea without producing anything is a bit silly, but their patent doesn't even sound like a PDA. It sounds like a very very tiny PDA that only runs SplashID. So far I haven't seen any of those :rolleyes:.

n2ifp
08-22-2003, 08:13 AM
This whole world is getting ridiculous!

The lawsuit could cover Zaurus, Casio, Sharp, Franklin, and many other off brand jobbers.

Anyone remember the REX that was credit card sized?

Ipastor
08-22-2003, 08:33 AM
Yes, and if he wins you can say goodbye to low cost handhelds because all of these companies will have to pay royalties and etc.

I'm not the activist type but it may be time for consumers let companies know we are tired of their greed.

Alistar
08-22-2003, 08:48 AM
This is the stupidest thing I have ever heard of.
However, perhaps I should go and patent a whole bunch of potential technology so I be a bastard in the future and make millions even though I had no plans to ever actually make anything.

zipslack
08-22-2003, 09:06 AM
OMG, the Rex was my first "PDA". Loved that thing, until I leaned against a cabinet and broke the screen. Why didn't they sue Franklin/Rolodex?

s_n_m
08-22-2003, 09:37 AM
How can you patent an idea??? I've seen patent docs and patents always included a very detailed drawing of the device. The reason Lego has been cloned? The clones don't look exactly like real legos.

And not only this you could say that all that data could be put into a desktop computer. So, when our handheld computers came out it could hold the same information!

That really should be the defense. Our handhelds are just handheld computers. They can do what the credit card sized thing can do, but that is not their purpose. It's purpose is whatever the user wants it to be.

mooofborg
08-22-2003, 09:46 AM
I don't really see how E-Pass can win, without actually having a product they can't really prove that they are losing money in any way. If they are not losing any money why do they deserver any in the first place? Also I don't see how they can patent someting so general such as a moblie computing device.

Alistar
08-22-2003, 09:54 AM
Thats a good point s_n_m.

You know, this whole thread has me thinking. I wonder if you could patent flying or motored transport. I don't think they have been patented, yet they are a great idea. Just submit a patent with the idea of flying and show air currents and all that.
Apparently the person credited with an idea is the first one to get through the beuracratic process imposed by our self-centered consumer economy and not the actual person or compant who spent time and research into the thing.

Come to think of it, there have been those little organizers that can carry all that information for years and years. Can't the arguement lie that handheld computers are just a continuation of that technology. They pretty much are. There was usually a computer connector port, requiring an expensive cable, but nonetheless. If you think about it newer handheld computers just allowed third party programs and added a touch screen. I realize there are several other underlying fundamental differences, but the concept is the same. In fact the Zaurus' look exactly like my old casio organizer.

mvfrancisco
08-22-2003, 10:08 AM
I don't know all the details of the e-pass patent, but according to USPTO FAQ:

"A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required."

So perhaps they did build or design something way back when. The way I understood it, the court of appeals reversed the previous ruling because it threw out e-pass's claim for the wrong reason (the patent only applies to credit-card sized devices). Hopefully they'll just throw out e-pass's claim for the right reason, whatever that might be.

Unregistered
08-22-2003, 10:08 AM
The big companies will pay them off and that will be that. This is hardly the first suit in this arena.

JwY
08-22-2003, 10:26 AM
i hate retards that take every chance they get to make money

cbulock
08-22-2003, 11:36 AM
I don't see E-pass winning this. I'll bet that Microsoft's/Palm's/HP's lawyers will easily be able to stop this from ever actually ending with E-Pass winning any money.
They should have just took Microsofts $10 Million offer and ran with it.

Alistar
08-22-2003, 12:04 PM
Perhaps, but if they too Microsoft's deal we might be seeing Microsoft trying to stop production on or get royalties from non-pocket pc handheld devices.

ballistic
08-22-2003, 12:24 PM
Patent 5,276,311 (http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=/netahtml/search-bool.html&r=1&f=G&l=50&co1=AND&d=ptxt&s1=5,276,311.WKU.&OS=PN/5,276,311&RS=PN/5,276,311). Check it out for yourself and make note of the abstract, background of the invention, advantages of the invention, and the images.

Here's the abstract.

Method and device for simplifying the use of a plurality of credit cards, or the like

Abstract

In connection with a system for simplifying the use of a plurality of credit cards, check cards, customer cards, or the like, it is proposed to provide an electronic multi-function card comprising a storage accommodating a plurality of individual data sets representing individual single-purpose cards, and comprising at least two display boxes in which data can be displayed by electronic activation, and further contact means accessible from the outside which enable the data sets stored at any time to be paged through successively and the individual data of each single-purpose card to be displayed in the display boxes, and permitting further the entry of a secret code and, finally, the data sets and/or individual parts thereof to be entered and read out, respectively.

Quite a stretch to interpret that any PDA would infringe upon this patent, even my discontiued Xircom REX 6000.

mvfrancisco
08-22-2003, 12:38 PM
Here's a link to the patent in case anyone's interest:

http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2F5276311

it's pretty much just an outline of an idea for a smart card with a mini display, along with some sketches of a possible implementation. I can't believe they were able to file something like this. Maybe someone should start patenting all the obvious ideas spouted on cliesource... hmm, maybe there's a disclaimer here that already states that...

mvfrancisco
08-22-2003, 12:40 PM
argh, ballistic beat me to the post...

Defiant79
08-22-2003, 02:46 PM
WTF? From what I understand it is just a way to store te data from multiple credit cards, clubcards and IDs on one device and use that device if it is such card? How does this compare to PDAs?

Fits nicely on a site full with weird patent-entries (http://www.totallyabsurd.com/absurd.htm) I once found in the Off-Topic (http://www.cliesource.com/forums/showthread.php?s=&threadid=23004).

Edit: Had to find the links.

BalBurgh
08-22-2003, 03:02 PM
There are lots of patents for "ideas", control systems that make use of unique features are an example. In "Surely You're Joking Dr. Feynmann" (I think that's right- it might not be) the famous physicist relates the story of how he ended up with the patent on the nuclear airplane (or was it the rocket engine?). Basically, someone called him into an office and asked, "What could we do with this new nuclear power thingy?" He said, "Make a system that uses steam to turn a screw that goes underwater- bam! Nuclear powered submarine. Make a system that uses steam to turn propellers that flies- bam! Nuclear powered airplane. [Same sort of reply for a rocket]." It turned out that two of the other three ideas had been suggested previously, and the powers that be went and filed the patent in his name without his knowledge. He didn't even know it had happened until some other people wanted to do something like it and came to visit the smart fellow who invented it.

I'm sure some details aren't quite right, but that's the gist of it.

Don't even get me started on most software patents. Supposedly people have patents with claims that give them rights to all database technology or like, the internet. Riiiiiiiiight....

kp*
08-22-2003, 04:16 PM
Originally posted by ballistic
Method and device for simplifying the use of a plurality of credit cards, or the like

Abstract

In connection with a system for simplifying the use of a plurality of credit cards, check cards, customer cards, or the like, it is proposed to provide an electronic multi-function card comprising a storage accommodating a plurality of individual data sets representing individual single-purpose cards, and comprising at least two display boxes in which data can be displayed by electronic activation, and further contact means accessible from the outside which enable the data sets stored at any time to be paged through successively and the individual data of each single-purpose card to be displayed in the display boxes, and permitting further the entry of a secret code and, finally, the data sets and/or individual parts thereof to be entered and read out, respectively. [/B]
Good God, that's a fancy credit card, it has nothing to do with a handheld computer!

s_n_m
08-23-2003, 05:09 PM
LOL what a coincidence!!! I'm making a new thread.

http://www.totallyabsurd.com/geekpouch.htm

NJL!2016
08-23-2003, 08:30 PM
I think e-pass is suing the wrong people. he should be suing the makers of SplashID and other credit card information apps.

E-pass's device is a CREDIT CARD and PIN # MANAGER

A PDA has an address, date book, email it can be used for entertainment and lots of other stuff

These two devices are totally different!!!

NJL!2016
08-23-2003, 08:32 PM
Originally posted by JwY
i hate retards that take every chance they get to make money

You know whose even worse? The lawyers that accept these STUPID cases and the ignorant judges who make ignorant rulings.

Unregistered
08-23-2003, 09:54 PM
EZ-Pass is great when there is a lot of traffic on the Turnpike. Great company.

Unregistered
08-23-2003, 09:54 PM
EZ-Pass is great when there is a lot of traffic on the Turnpike. Great company.

Unregistered
08-23-2003, 09:54 PM
EZ-Pass is great when there is a lot of traffic on the Turnpike. Great company.

Unregistered
08-23-2003, 09:54 PM
EZ-Pass is great when there is a lot of traffic on the Turnpike. Great company.

Unregistered
08-23-2003, 09:54 PM
EZ-Pass is great when there is a lot of traffic on the Turnpike. Great company.

Unregistered
08-23-2003, 09:54 PM
EZ-Pass is great when there is a lot of traffic on the Turnpike. Great company.

NJL!2016
08-23-2003, 10:01 PM
yeah i agree. you can avoid long lines and confusion at the toll booth


p.s. multiple post problem