∞ Should Apple defend its patents against competitors?

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It’s funny to watch people fight over the patent system we have. The opinions are as varied as the people that argue for or against them.

Not being a patent lawyer, I can only speak with limited knowledge on how the system works. I do agree with those that say there are some crazy patents out there. I mean, they seem so broad that you could sue anyone for anything.

So, the patent system is broken. That seems to be a common thread. Another popular topic is that patents shouldn’t be awarded on software.

Take Matthew Miller’s ZDNet article:

I do not think companies should steal specific methods of creating features, but if the methods are common and result from a natural progression of thought then I am not sure it should be patentable.

On the surface, I don’t disagree. However, it seems to me that the natural progression comes from someone’s innovative thoughts and implementation. Looking back on a piece of technology, it’s easy to say that we would have gotten there anyway, but it took innovation to get things started.

Should that be protected?

And how about Michael Wolff:

It’s Steve Jobs’ signature: pride and paranoia. Behind it, too, is the motivation of all great competitors—they really don’t want to compete, they want the market for themselves.

I don’t agree. The thing that Apple thrives on is outdoing the competition. Steve loves to get onstage and demo new Apple products and how they stack up to competing products. Of course, Apple’s turn out to be cooler, easier and better.

It’s amazing to me that a lot of people seem happy — almost smug — when Apple gets sued for patent violations. But these same people get angry when Apple sues to enforce its own patents.

Again ZDNet’s Matthew Miller:

Personally, I am a bit sick of hearing about these lawsuits and Apple suing HTC actually leaves me feeling sour about Apple. I have been debating whether or not to buy an iPad since it really would not take the place of anything I own and is more of a luxury item. This latest lawsuit pushed me closer to NOT buying one because I am getting a bit tired of Apple’s arrogance, even though I do really enjoy using some of their products. Consumers may hear about this lawsuit on the news and think twice about Apple and HTC, which could hurt both of them.

I don’t think the general public is going to care one way or the other. The only people that care are in the tech crowd and it’s highly unlikely any of them will be scared off by a patent lawsuit because they know what we know — the patent system is screwed.

Regardless of Apple’s motives — going after HTC or Google — they have every right to enforce their patents. Some have said these patents should only be used as a defense and not as an offensive tool.

Well, if HTC is infringing on Apple’s patents, then they already took an offensive position. In that case, Apple is defending itself.

Don’t get me wrong, I’m not saying Apple is innocent. They are probably infringing on as many patents as any other company out there. The question is should they defend them?

I think they should.


  • http://tewha.net Steven Fisher

    Of course they should. That's why you file a patent.

    If Apple actually invented something and it's been patented, and another company has copied the idea, of course they should. Innovation needs to be rewarded if you want it to continue.

  • Perry Clease

    Yes Apple, and others, should defend their patents.

  • Eric

    I agree, they should defend their patents. There are reasons for it. They have been sued for patent infringement with the iPhone. They have to defend their own patents for several reasons. The first is, if they don't, they lose them. Second is it gives them leverage to negotiate out of patent suits they are themselves the victims of.

    Lawyers and other pond scum have developed a self-employment system that keeps them working. The legal system is very complex. Anyone who claims to have an easy explanation for why some company does or doesn't sue (or why they sue one company (HTC) and not another (Motorola or Google) comes down to subtleties. And for most people, subtleties are too "gray" for them, not black and white as they like to cast all issues.

    So for the reasons I mention, and for the multitudinous reasons I don't (and don't even comprehend) I say Apple has no choice but to go on the offensive they don't don't want to be pushed out of the leadership position, or possibly even the phone game altogether. One really big loss could kill the profitability of the iPhone. The longer they wait, the more damage could be done. And that's why Apple is asking for this case to be expidited.

  • Ron

    God knows that Apple's been on the receiving end of a bunch of these suits. How much did they pay Creative for their patent involving no more than making a list of things on a small screen? If you don't defend yourself, then every month they'll copy a little more and a little more and a little more. Silence gives consent.

  • James

    I also find if interesting that I didn't see many people decrying patents when Nokia sued Apple. Did anyone post that they are less likely to buy a Nokia product because of the lawsuit? Not that I saw.

    The outrage is just typical Apple bashing. Apple is using the system as it is in the US. I don't happen to think that allowing software patents is a good idea but the US patent office and the courts are allowing them. People should complain about the real problem which is our broken patent system, not companies that use the laws as the currently exist.

  • http://www.designstrategies.com L. Williams

    Of course patents should be defended. Using someone else's hard work and creative ability is theft, pure and simple. What muddies the water are the unscrupulous companies and individuals that file generalized patents solely for the purpose of suing others, with no intention of actually developing a product and take it to market. It's just like going to school: Most of the kids are OK except for a few jerks and/or jerkettes who get the whole class in trouble. Patents should protect hard work and innovation, not the dweeb who sits around thinking of ways of making money without delivering a product.
    It totally fries my cookies to hear bleeding hearts that are upset with Apple for suing another company, as if the millions of dollars and hundreds of thousands of hours of effort involved are meaningless or trivial. The biggest point is that these people do not realize the value of original thought and the creation of new ideas. Thoughts and ideas aren't tangible. These are the same people who think it's OK to copy software and don't think it's stealing. It's not tangible, so therefore it doesn't really exist. Horsehockey!
    Kick the do-nothings out of the courts and protect the do-somethings who actually give us the technological marvels we enjoy. Kill the patent system and you will kill innovation and development.

  • Daniel Swanson

    Apple has every right and obligation to defend its patents and trademarks. But I also know that you can't "litigate" anyone into being "good." To me, the more vital message which should somehow be better communicated–to all of us–is that Apple has been very industrious and creative as a company to the result of it being dramatically prosperous in spite of the popular excuse of a "bad economy" proffered by others. This should be the model many more others should be paying attention to and emulating in their respective enterprises.

  • http://www.definitivemind.com James Katt

    Apple has every right to defend its inventions. That is what patents are for.

    It is ABSURD to file a patent if you are not willing to sue someone who is infringing the patent.

    Thank God that Apple has $40 Billion in cash. It can use this war chest to protect its patents, trademarks, and copyrights.

  • lrd

    With the pending launch of the iPAD but a few weeks away, Apple had to make it perfectly clear that they will not tolerate HTC or Google or anyone else copying their efforts verbatim, piece by piece, in order to quickly catch-up to the years of effort that went into making these devices.

    Apple's got $40 billion in cash, and I say clear out a wing, hire a group of lawyers to take on HTC another to take Nokia and a 3rd to take on Kodak. Right size each group as the cases proceed.

    Be prepared to spend $1 to $2B. This action should be viewed by Apple as important as creating the devices themselves.

    In the long run, it may be the best investment Apple can make with its humongous horde of cash.

    Really- stop the patent infringements now and many more billions will come later.