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Google filed a nearly identical patent claim nearly sixth months earlier, but Apple wins the patent anyways

In a move that could strike a deep blow to successful e-reader rivals like Barnes & Noble Inc. (BKS), Apple, Inc. (AAPL) last week secured a patent on animating book pages turning digitally.

U.S. Patent D670,713, granted to Apple by the U.S. Patent and Trademark Office last Tuesday, depicts "the ornamental design for a display screen or portion thereof with animated-graphical user interface.

The description section of the patent is rather ambiguous.  So the easiest way of depicting what the patent covers it to simply show the figure:

Apple Page Turn
[Image Source: USPTO]

Google Inc. (GOOG) is surely a little irked as it filed a highly similar patent request half a year earlier in May 2011 (Apple's patent was filed in Dec. 2011).  US 2012/0105464 A1 depicts "Animated Page Turning", albeit describing it in much more detailed and specific language than Apple's filing.  To add insult to injury, Apple's patent does not cite Google's prior art.

Ultimately, the ambiguous language of the later Apple patent may work to its advantage, as it may be able to justify filing more lawsuits to stifle its competitors.  

Apple's wins in court when suing its competitors have thus far come largely from its local Californian district court.  In its $1.05B USD victory over Samsung Electronics Comp., Ltd. (KSC:005930), the jury found Apple innocent of all alleged infringements, but found Samsung guilty of most of the infringements Apple alleged.  Coincidentally the family members of some jurors were Apple shareholders, but Judge Lucy Koh ruled this was an acceptable level of bias.

The Nook HD features page turn animations:


Should Apple choose to sue B&N, it will likely look to repeat its successful strategy employed against Samsung: trying the case in U.S. District Court for the Northern District of California's San Francisco courtroom.

(Note: Amazon.com, Inc.'s (AMZN) Kindle Fire/Fire HD don't have page turn animations, so they should be safe from lawsuits/bans.)

Source: USPTO



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Staggering
By testerguy on 11/19/2012 1:02:41 PM , Rating: -1
It's simply mind blowing how every single poster on this article, and the writer himself, are all so absolutely ignorant and clueless.

This patent which Apple has been granted is HIGHLY specific, right down to the constant angle that the page stays at while you are turning it, and that HIGHLY SPECIFIC method is unique to Apple and doesn't exist anywhere else. That's all Apple has protected.

It's trivial to use page flipping animations which don't infringe, with any number of variations.

I think if it was possible this site and its audience just sunk to a new low of complete ignorance.

Try the Verge for a proper analysis written by people with half a clue.

http://www.theverge.com/2012/11/19/3659382/apple-d...




RE: Staggering
By l0aded on 11/19/12, Rating: -1
RE: Staggering
By Cheesew1z69 on 11/19/2012 7:24:18 PM , Rating: 1
Right, because the Apple tools don't bash on Android just as much, if not more. Get a clue ya toolbag.


RE: Staggering
By l0aded on 11/20/2012 3:06:12 AM , Rating: 2
I never said Apple fans don't bash Android fans. I myself have only Android devices and no Apple products as I never supported Apple (never even owned an iPod). So get a clue?

I dont understand your logic. Apple files a patent and suddenly they're the devil while Google filed a patent earlier in the year and they are the saviors?
"Google Inc. (GOOG) is surely a little irked as it filed a highly similar patent request half a year earlier in May 2011 (Apple's patent was filed in Dec. 2011)"

Neither of these patents are likely to be used in litigation unless someone happens to make the EXACT same animation for turning the page. So before you call me a toolbag why don't you actually read my comment so you can realize I never said Apple fans don't do the same. My whole point is almost everyone posting in this article is doing exactly that against Apple. So before you go attacking everyone who says Apple isn't bad (in this case) why don't you grow up and learn to read.


RE: Staggering
By ritualm on 11/20/2012 5:04:29 PM , Rating: 2
quote:
Apple files a patent and suddenly they're the devil while Google filed a patent earlier in the year and they are the saviors?

Apple's patent filings are intentionally ambiguous enough that it can be interpreted by its lawyers to represent anything and everything. They see me flip this week's Wal-Mart Superstore flyers in a certain way and sue me because I was somehow infringing their "page turning" patent. Do you know how slippery a slope this is?

Google's patent filing over the same software "behavior" is specific. Apple's leaves lots of room open for interpretation. Guess who's going to use such a patent to sue others with? Apple. It's already happened with "swipe-to-unlock", what makes you think this won't be used by Apple in litigation?

Apple fanboys i.e. Tony Swash and testerguy, love to disregard reality and pretend everything is A(pple)-OKAY, talking with their heads buried under the sands of the Sahara Desert, fully convinced everyone else is an uneducated mental asylum resident. Then there are folks like you who buy into their twisted logic hook-line-and-sinker.

There is so much prior art over the "page turning" software behavior, it's not funny at all. Yet spazs like you prefer to ignore the sad fact that already exists all around you and tell us what you should have been doing in the first place:
quote:
why don't you grow up learn to read.

Until you do that, don't come back with an asinine slander over your imaginary intellectual superiority over others, because - let's face it - you cannot handle the truth!


RE: Staggering
By freeman70 on 11/19/2012 7:32:23 PM , Rating: 1
I understand your reasoning. However, my take on this is a simple question. Why should Apple, or any company for that matter, have to file applications for such a common feature in many current and earlier devices? People are upset about the waste and corruption inherent in the system. Patent litigation and trolling, from the common perspective of most people, just seems like a money grab. There are legitimate cases that call for litigation but many are just ridiculous. Before, companies used market share to stifle competition. Now, they just use the law as a method to deny the competition. Especially if their competitors are rapidly eroding their lead in market share.


RE: Staggering
By themaster08 on 11/20/2012 2:23:22 AM , Rating: 2
You're the one that's ignorant. There is prior art for their so-called patent:

quote:
This patent which Apple has been granted is HIGHLY specific, right down to the constant angle that the page stays at while you are turning it
As does this:

http://welcome.hp.com/country/us/en/msg/corp/flash...

Stop defending this ridiculous company.


RE: Staggering
By l0aded on 11/20/12, Rating: -1
RE: Staggering
By spaced_ on 11/20/2012 9:01:04 PM , Rating: 1
I understand your and testerguy's reasoning/counter-argument. Albeit in the case of testerguy, rather poorly constructed.

But don't forget law is up to individual's interpretation, particularly when you look at say, a recent verdict handed down by a jury who completely disregarded prior art entirely because the jury foreman said it couldn't be, because it wasn't part of the microprocessor (or some ridiculous reasoning along those lines).

The fact is this gives Apple some form of leverage now that it's been approved, if their lawyers are clever enough it could certainly be argued in certain ways in a court, to attempt to win a case against someone (except perhaps in a UK court). There's certainly countless precedents in law all over the world where ludicrous verdicts are handed down, in patent, or other litigation.

It seems silly that this or any other page-turning patent will actually be used as there's so much prior art and so many different companies lodging patents for practically the same thing from the surface of it, but you never know.

I agree many of the comments bagging out Apple are poorly constructed and uncalled for, but then again, so are many of the ones defending them as well. What are you going to do? Personally, I move on. But it's nice to read the odd comment from someone with a bit of experience. Generalising everyone who posts is unwise.


RE: Staggering
By ritualm on 11/21/2012 3:11:54 PM , Rating: 2
quote:
everyone who posts in support of Apple is unwise.

ftfy


"Folks that want porn can buy an Android phone." -- Steve Jobs














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