Virtually Every Ultrabook Appears to Violate New Apple Patent
June 7, 2012 2:30 PM
comment(s) - last by
The Ultrabook category could potentially be killed off or diminished by Apple lawsuits
: Apple's patent appears invalid due to prior art -- Sony Corp. (
) released a teardrop laptop in 2004, the Sony VAIO X505.]
Apple, Inc. (
) has brought
the smartphone market, with a
slew of lawsuits
which essentially seek to ban all of its top smartphone competitors products. According to Apple, all of its competitors are ripping off its technology.
Now Apple may be preparing to bring that same brand of litigious chaos to the world of personal computer, thanks to its victory in convinced the
U.S. Patent and Trademark Office
to allow it to patent the design of its
MacBook Air (MBA) case
. Apple was granted U.S. Design Patent
I. Nearly Every Ultrabook is in Violation
Very clever in its working, Apple's new intellectual property jewel is carefully crafted to place nearly every one of its competitors designs in violation, via making its claim very general and wide.
The patent covers claims exclusive ownership to thin teardrop/wedge-shaped notebook computers. At first glance many of its competitors Ultrabooks would appear to be in violation of this patent. In other words, with this patent, Apple appears to be well along the way to having the legal firepower necessary to obtain a ban all competitors lightweight laptops.
Samsung's Series 5 Ultrabook Convertible
ASUSTek Computer Inc.'s (
Acer, Inc.'s (
Aspire S7 Series
[Image Source: Pocket Lint]
Hewlet Packard Comp.'s (
Dell, Inc. (
II. Patenting Fundamental Physics
There's a reason why all of these laptops are teardrop and/or wedge shaped. Given the size of USB ports and the size necessary for the hinge, there's no real other possible design that would allow these laptops to achieve the kind of thiness and light weight that the Ultrabook spec demands.
Now one thought might be that the USPTO merely granted Apple a narrow patent on its MacBook Air design. But Apple's patent makes it explicitly clear that it's claiming a very wide exclusive rights to produce thin, wedge shaped laptops. It says that size, hinge design, etc. are irrelevant. It says that the back can have "any contour or shape" and still infringe.
Apple's patent is very tricking in its claim, designed to place nearly every ultrabook design on the market in infringement. [Image Source: USPTO via The Verge]
In other words, if the USPTO read the patent, they had to have recognized exactly how wide a design ownership they were granting Apple.
III. What's Next?
A couple important things to bear in mind. Apple hasn't sued anybody -- yet. But it now has the ammo to do so, and could potentially gain a monopoly on ultrathin notebooks, if it chooses to pursue lawsuits against all of its computer making rivals. HP has already
pledged to defend its design against potential litigation
Apple could be fearful of the damage to its reputation that requesting a ban on all rival Ultrabook designs might have. But it has shown little such fears in the smartphone market, so image may not be enough to convince Apple to avoid seeking bans.
Likewise, fundamental physics (hinge design) and universal standards (USB port size) seem to dictate no way around Apple's design, hence the patent seems highly questionable. But for better or worse the USPTO has decided that Apple should have it.
No one is questioning that Apple pioneered the Ultrathin category with its MacBook Air. While
launched not long after, it featured a more traditional flat design and hence was more constrained in size, weight, and specs. But the question is whether Apple gets to have a monopoly because it got their first and because the laws of physics (and standards) dictate few alternatives. That may be an issue that is pressed in court, if Apple's swelling legal team and history of looking to litigate rather than compete are any indication.
Update 1 June 7, 2012:
Well if Apple does sue anyone, it will have a tough case to make. Get a load of
Sony's VAIO X505
launched in 2004. Turns out Apple wasn't even the first to pioneer this market -- Sony was the first (to our knowledge) ultrathin maker.
Sony's design clearly is in violation of Apple's patent -- but it came first. That means Apple's appears highly likely to invalid. In a sense, its wideness -- a gambit to ensure everyone infringes, may prove its downfall.
[Image Source: Notebook Review]
[Image Source: Image Shack]
It should be interesting to see how this plays out, if this goes to court.
USPTO via SBNation [PDF]
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RE: Patent Office
6/7/2012 4:34:47 PM
To add a bit to this comment, as of 2011, the US patent system works on a "first to file" basis, not "first to invent". The role of un-patented prior art has been vastly diminished.
A number of large companies (including Microsoft, IBM, Apple) lobbied for this change so they can crush competition using their large legal departments.
Unless Sony successfully filed similar design patents for the X505, Apple's design patent is valid. The courts will sort things out further, but mostly patent law is decided by the size of your legal team/budget, not fairness, rightness, etc.
With the new patent law, business has become much more difficult for smaller companies and individual inventors. The "first to file" law also creates a tremendous incentive for industrial espionage.
For all intents and purposes, the "new and improved" US Patent Office is a wholly owned subsidiary of the Fortune 500. There's an exception here and there for VC-backed companies, but mostly everyone else is shut out.
RE: Patent Office
6/7/2012 9:22:33 PM
With the America Invents Act of 2011, which was signed by President Obama on September 16, 2011 The law will switch U.S. right to the patent from the present "first-to-invent" system to a "first-to-file" system for patent applications filed on or after March 16,
So Apple's patent is not included in the new patent regime.
RE: Patent Office
6/11/2012 11:32:39 AM
Lets sum up:
The patent system:
- is an office that should work similar to a QA department
- gets paid for not doing its job properly
- as of 2013 will not have to do its job AT ALL
So what is the purpose of this department?
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