Apple-Motorola Judge Questions Need for Software Patents

Late last month, federal judge Richard Posner threw out one of the major U.S. cases in the ongoing patent battle between Apple and Motorola, and Reuters today publishes an interesting interview with Posner in which he discusses his view that patents have become too widely used and suggests that there may not be a need for software patents at all.

Noting his belief that software and other industries do not require the same level of patent protection as industries like pharmaceuticals where hundreds of millions of dollars are spent to develop a single protected product, Posner indicates individual software advances require much less economic investment and much of the benefit is gained simply by being first to market.

"It's not clear that we really need patents in most industries," he said.

Also, devices like smartphones have thousands of component features, and they all receive legal protection.

"You just have this proliferation of patents," Posner said. "It's a problem."

In Posner's ruling last month, he noted that Apple's patent on smooth operation of streaming video was in no way a monopoly on all streaming video and that barring an entire product over a single feature would be harmful to consumers. Posner also ruled against Motorola in its efforts to ban the iPhone over standards-essential patents that were to be licensed under fair, reasonable and non-discriminatory (FRAND) terms.

iphone slide to unlock
Apple is of course involved in intellectual property disputes with a number of companies, with the cases including both software patents and design rights. Just this week, a ban on U.S. sales of the Samsung Galaxy Tab 10.1 and Galaxy Nexus went into effect as Apple won preliminary injunctions, but the company also experienced setbacks in its battle with HTC in recent days. In those cases, both the U.S. International Trade Commission and a UK court ruled in HTC's favor, with the UK judge ruling that several of Apple's patents including one covering the "slide-to-unlock" feature are invalid in that country.

Top Rated Comments

highlnd Avatar
140 months ago
for those thinking

deregulate software sure...

patents are evil only big pharma can have them

no one dies if software messes up

unless your software is running;

trafficlights
bank transfers
airplane autopilots
missile defense systems
lazer satellites
drones flying over the usa
machines that go Ping!

I think you are confusing patents with safety regulations.
Score: 39 Votes (Like | Disagree)
iRCL Avatar
140 months ago
Agree 100%
Score: 33 Votes (Like | Disagree)
The Mercurian Avatar
140 months ago
At last someone speaking some sense.
Score: 30 Votes (Like | Disagree)
semitry Avatar
140 months ago

If we do away with Intellectual Property Patents i think we can agree that the motivation for innovation will be greatly hindered.

Not with software patents. Can you imagine the innovation that would have been lost if quicksort or merg sort was patented? Or if Oracle was able to patent 'rangeCheck'?
Score: 14 Votes (Like | Disagree)
sishaw Avatar
140 months ago
Is it just me or is this judge straying into Judicial Activism with this kind of pontificating?

I mean the question at hand was not "Are intellectual patents a good idea in this industry or not?", but more like "Is this particular patent being infringed upon?".

If we do away with Intellectual Property Patents i think we can agree that the motivation for innovation will be greatly hindered.

There are a lot of people that think software code would be adequately protected by some sort of copyright rather than patent.
Score: 11 Votes (Like | Disagree)
NachoGrande Avatar
140 months ago
They are killing progression in most software markets. The worst part is most people don't even know a patent exists until after they spend millions on development only to have it blocked in the end.

I can understand broad software ideas, but to put a patent on a sliding button, multi-touch etc.. is just too far reaching and only large companies can afford the patent attorneys.


They are not used for good in the software industry they are only used to harm.
Score: 10 Votes (Like | Disagree)

Popular Stories

iOS 16

Apple Releases iOS 16.4 With New Emoji, Safari Web Push Notifications, Beta Changes, Voice Isolation for Calls and More

Monday March 27, 2023 10:03 am PDT by
Apple today released iOS 16.4, the fourth major update to the iOS 16 operating system that initially came out last September. iOS 16.4 comes two months after the launch of iOS 16.3, an update that added Security Keys for Apple ID. iOS 16‌.4 and iPadOS 16.4 can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. It can take a few minutes...
iOS 16

iOS 16.4 Will Add These 8 New Features to Your iPhone

Sunday March 26, 2023 8:06 am PDT by
Following nearly six weeks of beta testing, iOS 16.4 is expected to be released to the public as soon as this week. The software update includes a handful of new features and changes for the iPhone 8 and newer. To install an iOS update, open the Settings app on the iPhone, tap General → Software Update, and follow the on-screen instructions. Below, we have recapped eight new features and...
apple mixed reality headset concept by david lewis and marcus kane

Some Apple Employees Seriously Concerned About Mixed-Reality Headset as Announcement Draws Closer

Sunday March 26, 2023 8:25 am PDT by
Some Apple employees are concerned about the usefulness and price point of the company's upcoming mixed-reality headset, The New York Times reports. Apple headset concept by David Lewis and Marcus Kane Initial enthusiasm around the device at the company has apparently become skepticism, according to eight current and former Apple employees speaking to The New York Times. The change of tone...
iOS 17 on Phone Feature

Gurman: iOS 17 to Provide Several 'Most Requested Features'

Sunday March 26, 2023 6:05 am PDT by
Apple changed the strategy for iOS 17 later in its development process to add several new features, suggesting that the update may be more significant than previously thought, Bloomberg's Mark Gurman reports. In January, Gurman said that iOS 17 could be a less significant update than iPhone updates in previous years due to the company's intense focus on its long-awaited mixed-reality...
apple tv 4k red image

Apple Releases tvOS 16.4 for Apple TV 4K and Apple TV HD

Monday March 27, 2023 10:00 am PDT by
Apple today released tvOS 16.4, the fourth major point update to the tvOS 16 operating system that came out last September. Available for the Apple TV 4K and Apple TV HD, tvOS 16.4 comes two months following the release of tvOS 16.3. The tvOS 16.4 update can be downloaded over the air through the Settings app on the ‌‌‌‌Apple TV‌‌‌‌ by going to System > Software Update....
Steve Jobs Theater dusk

Apple Reportedly Demoed Mixed-Reality Headset to Executives in the Steve Jobs Theater Last Week

Sunday March 26, 2023 5:53 am PDT by
Apple showcased its mixed-reality headset to the company's top 100 executives in the Steve Jobs Theater last week, according to Bloomberg's Mark Gurman. In the latest edition of his "Power On" newsletter, Gurman explained that the "momentous gathering" is a "key milestone" ahead of the headset's public announcement planned for June. The event was intended to rally Apple's top members of...
Apple Music Classical

Apple Explains Why It Launched an iPhone App Dedicated to Classical Music

Monday March 27, 2023 8:54 pm PDT by
Apple today published a support document explaining why it decided to release a standalone Apple Music Classical app for classical music. In short, Apple says the app was designed to support classical music's complex metadata:Classical music is different. It has longer and more detailed titles, multiple artists for each work, and hundreds of recordings of well-known pieces. The Apple Music...
iPhone 15 Pro Buttons CAD Leak

iPhone 15 Pro Low-Energy Chip to Allow Solid-State Buttons to Work When Device is Off or Out of Battery

Wednesday March 29, 2023 1:54 am PDT by
The iPhone 15 Pro and Pro Max will use a new ultra-low energy microprocessor allowing certain features like the new capacitive solid-state buttons to remain functional even when the handset is powered off or the battery has run out, according to a source that shared details on the MacRumors forums. CAD-based render of new solid-state buttons on iPhone 15 Pro models The source of this rumor is ...