This patent thing

I was preparing to write an entire blog entry on the ongoing software patent problem and how traditional methods of protecting IP via the United States Patent and Trademark process is broken and doesn’t work. This issue has come to the forefront in the tech industry with the recent patent violation claims made by Apple against HTC / Android. Then, as I was browsing my favorite blogs I ran into an excellent piece by ever present Jon Gruber of Daring Fireball. He, of the symbiotic mindset regarding the terrible Adobe flash, is so concise and to-the-point that it makes no sense for me to even try. I ask that you check out Jon’s argument here:

http://daringfireball.net/2010/03/this_apple_htc_patent_thing

The only thing I would add, or rather emphasize, is his last point regarding the Nokia lawsuits against Apple. I absolutely do believe that the HTC filing is a legal initiative to enforce Apple’s patents more broadly to help in its battle against Nokia. The most interesting takeaway is that if you look at Jon’s graphic link of Apple’s cell phone comparisons:



The one phone / phone company listed that has done the least since is Nokia. Nokia is an aging dinosaur of a company that hasn’t had a hit smartphone in almost a decade. With all due respect to those that will be ever so quick to point out that Nokia is the largest cell phone company in the world, I’d also point out that no one is competing with them in the candybar, flip phone business anymore. We’re talking about the part of the market that requires innovation and engineering resources... not the one that simply needs miniaturization. Yes, they are the largest handset manufacturer. Are their phones any different than what they were shipping five years ago? No, not really. Their response to the changing market dynamics? Sue. Apple’s hand was forced and HTC got hit on the head. Sometimes it really does suck to be in the wrong place at the wrong time...

Now, about fixing the patent system...?