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[SpeedingUptoStop]

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Microsoft Invented the iPod?
By: César A. Berardini - "Cesar"
Aug. 15th, 2005 12:16 pm

Shocking news and a new chapter in the digital music wars. The United States Patent and Trademark Office has rejected a March 2004 patent application by Apple Computer for the iPod.
Apple's patent for a "graphical user interface and methods of use thereof in a multimedia player" was rejected last month and the patent examiner cited in the ruling an earlier application by Microsoft, filed after the iPod was introduced but before Apple sought its own patent.

"It's incredibly embarrassing," said industry analyst Rob Enderle. "That just makes it look like someone at Apple wasn't on the ball in terms of filing the patent at the right time."

Natalie Kerris, Apple spokeswoman, said the company invented and publicly released the iPod interface before the Microsoft patent application,
as cited by USPTO in its ruling.

"Apple has received many patents for inventions related to iPod, and has many more patents pending," Kerris said. "The U.S. patent process is often a lengthy one, involving much back and forth with the U.S. patent office. Apple will continue to pursue this patent application, as well as the many others covering iPod innovations."

Microsoft has stated that they don’t have any plans to block iPod sales. David Kaefer, Business Development Director for Microsoft's Intellectual Property and Licensing Group said:

"We have a long-standing practice of licensing things to Apple and licensing Apple's patents to use in our products. Our approach is to recognize that, frankly, we're both mutually dependent on the good ideas of one another."

The patent is discussion is the one John C Platt, a Microsoft employee, filed on behalf of the software giant for a “system for automatically generating music playlists based on one or more seed songs selected by a user.” The invention by Platt was called “Auto DJ”. This patent does not affect the clickwheel featured in the iPod.

xPod 360?

Although this patent doesn’t affect the right for Apple to sell the iPod, Apple might have to pay Microsoft royalties for every iPod it sells. More interesting, Microsoft could sell its own iPod variation as long as it does not infringe in any patent granted to Apple. Lawyers could also reach an agreement between both companies so Microsoft could use Apple patents and vice versa.

Earlier this year, Microsoft tapped Robbie Bach, Chief Xbox Officer and Senior Vice President of the Home and Entertainment Division, to revamp the company's digital-music strategy and compete better with Apple and its iPod, iTunes music service.


We can’t wait to learn what Bach and Microsoft are preparing in order to compete with Apple and its iPod portable music player.

Stay tuned. We’ll have more on Apple, Microsoft and iPod as it develops.

 

[ToxicAdam]

EXCELLENT

 

[AB 101]

I have been hearing that MS filed something in May 2002.

iPod originally came out in Nov. 2001.

Go figure. :|

 

[DarienA]

This is similar to another article I read a few days ago that said that podcasting was the technology that MS had a patent on through one of their employees...

 

[Phoenix]

I have been hearing that MS filed something in May 2002.

iPod originally came out in Nov. 2001.

Go figure. :|

That is correct. Apple's iPod was actually out by the time the Microsoft employee filed the patent applications.

I think its time that businesses just start suing the USPTO for harming innovation due to this soup line patent process.

 

[Borys]

TEAMXBOX people. That's your first red flag out there.

 

[Hitokage]

Hahah, so fucking typical of the patent office to deny an application that actually came before.

 

[Particle Physicist]

That is correct. Apple's iPod was actually out by the time the Microsoft employee filed the patent applications.

I think its time that businesses just start suing the USPTO for harming innovation due to this soup line patent process.

wait. so how is this legal.. cant apple overturn the patent ruling based on this fact alone?

 

[whytemyke]

It seems like MS had the patent in for it first, while the Ipod was on the market beforehand... if that's the case, than it's apples fault for not getting the patent before putting out the ipod.

 

[Fuzzy]

I heard about this on the TWiT podcast (50 minutes in).

 

[SteveMeister]

It seems like MS had the patent in for it first, while the Ipod was on the market beforehand... if that's the case, than it's apples fault for not getting the patent before putting out the ipod.

Prior art. Microsoft can't enforce the patent.

 

[Hitokage]

wait. so how is this legal.. cant apple overturn the patent ruling based on this fact alone?

You're assuming that the patent system is sane in America.

 

[Phoenix]

wait. so how is this legal.. cant apple overturn the patent ruling based on this fact alone?

It is legal - it just requires a costly court battle to sort out... the reason why the patent system is such a pain in the ass. At the end of the day it appears that there is no way Microsoft would be able to get any royalties or anything, but if they decided to piss Apple off - they could make them burn money in court.

 

[Pakman]

Don't know how this crap works out in court but whytemyke is right about MS filing the patent before Apple. This is from the "Daily Record"

http://www.dailyrecord.co.uk/news/tm_objectid=15857650&method=full&siteid=89488&headline=ipod-in-patent-blunder--name_page.html

IPOD IN PATENT BLUNDER Aug 15 2005


COMPUTER giants Apple may be forced to pay royalties to arch-enemies Microsoft for every iPod it sells.

A patenting blunder means Bill Gates' firm could rake in £6 a time from his rivals' music player.

The iPod was introduced in November 2001 but Apple waited until July 2002 to file a patent application.

However, Microsoft beat them to it and claimed ownership of some of the technology in May, 2002.

Now the US Patent Office have ruled that Gates' company have the right to charge their competitors a licence fee for each iPod sold.

Bosses at Apple, who have made three versions of the iPod, have said they will appeal against the decision.

This latest dispute comes just days after Microsoft declared war on the iPod and vowed to come up with a series of rival devices.

Apple have so far sold more than 21million of the pocket-sized players.

In the past year alone, they have sold 18million of the hand-held devices

If the appeal doesn't go through this means Microsoft will gain a bit over a $155 million for the 21 million ipods + possible future ipod sales.

 

[goodcow]

It is legal - it just requires a costly court battle to sort out... the reason why the patent system is such a pain in the ass. At the end of the day it appears that there is no way Microsoft would be able to get any royalties or anything, but if they decided to piss Apple off - they could make them burn money in court.

And that's the American way!