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Who owns the iPod?
Apple loses first round in iPod patent battle with Microsoft.
BY OUR TECH CORRESPONDENT
August 18, 2005: The iPod fans are shocked. The patent application for the iPod by Apple computer was rejected by The United States Patent and Trademark Office. The application was filed by Apple in March 2004.
Apple's patent application was for a "graphical user interface and methods of use thereof in a multimedia player" and it was rejected last month by US PTO. The patent examiner pointed out an earlier application by Microsoft, in the ruling. The application was filed after the iPod was introduced but before Apple sought its own patent.
"It's incredibly embarrassing," an industry analyst was quoted saying. "That just makes it look like someone at Apple wasn't on the ball in terms of filing the patent at the right time."
The company invented and publicly released the iPod interface before the Microsoft patent application as cited by USPTO in its ruling, said Apple spokeswoman Natalie Kerris.
"Apple has received many patents for inventions related to iPod, and has many more patents pending," Kerris said. "The US 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, however made it clear that it has no plans to stop 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 Microsoft patent application was filed for the software giant by John C Platt, a Microsoft employee. The patent was for a "system for automatically generating music playlists based on one or more seed songs selected by a user.” Platt's invention was called "Auto DJ". This patent does not affect the clickwheel featured in the iPod.
Although the ruling may not affect the sale of the iPod, Apple may have to pay Microsoft royalties for every iPod it sells. More than that, 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.
BY TOMICHEN |
