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Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Amazon already hit with patent suit over Kindle Fire

By | October 10, 2011, 10:46am PDT

Summary: It’s not even available yet, but the Kindle Fire is already a target in a patent suit. Let the patent games continue!

The week is getting started with another fresh patent infringement lawsuit, and this time the source is a product that hasn’t even been released yet.

Amazon’s highly anticipated Kindle Fire, which was unveiled last week and won’t be available until November 15th, is being attacked by a suit from Smartphone Technologies LLC, which is owned by Acacia Research Corporation, a known patent collector of sorts.

There are at least four points (along with a fifth one regarding the new Kindle Touch 3G) at question in this case, including:

  • A patent covering the act of tapping an icon on the tablet’s touch-sensitive display to perform an action
  • A patent intended for Palm over displaying and manipulating multiple calendars on a PDA

Even if the second one was designated for Palm, both of these functions sound like commonplace features on tablets — and mobile devices in general — at this point. However, this is how patent collectors make money: buy up the patents before everyone else can and then charge an absurd amount — or just plain sue someone else.

These sorts of tactics seem to be catching fire lately, leading for many analysts to think we’re in the middle of a patent bubble.

There is patent reform on the way as President Obama recently signed the America Invests Act into law, shifting from the first-to-invent system to the first-to-file route.

Such actions will probably please the likes of Google Executive Chairman Eric Schmidt, who recently said at Dreamforce 2011 that he thought patents have been handed out too generally in the past and would like to see a more systematic approach to the approval process.

[via PaidContent]

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Rachel King is a staff writer for ZDNet based in San Francisco.

Disclosure

Rachel King

Rachel King has no business relationships, affiliations, investments, or other potential conflicts of interest relating to the content posted in this blog.

Biography

Rachel King

Rachel King is a staff writer for CBS Interactive in San Francisco. Before serving as a contributing editor at ZDNet in New York City for two years, she previously worked for The Business Insider, FastCompany.com, CNN's San Francisco bureau and the U.S. Department of State. Rachel has also written for MainStreet.com, Irish America Magazine and the New York Daily News, among others. Rachel has a B.A. in Mass Communications and History from the University of California, Berkeley and a M.S. in Journalism from Columbia University, where she served as art director for the student magazine, Plated.

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RE: Amazon already hit with patent suit over Kindle Fire
non-biased 14th Oct
@G-Systems While I for the most part agree with you I find it funny that the fact that the iPad was mentioned only twice in that entire post bothers you enough to mention it. The Nook was mentioned numerous time and recommended but you didn't bring that up. Is your hatred for Apple so bad that you had to mention it?
tapping an icon???
@tatiGmail

One click?
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@bannedagain

Amazon can't have it both ways. One-click is as trivial as icon-tapping and yet Amazon get millions in royalty for their one-click-patent.
@bannedagain They are suing Amazon. Not the other way around.
@tatiGmail
I think I'll patent the idea of using text to convey meaning...
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Hey, that's a rectangle. Someone call Legal.
Dietrich T. Schmitz * Your Linux Advocate 10th Oct
Seriously, more 'patenting the obvious'.
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@Dietrich T. Schmitz * Your Linux Advocate

In this case I have to agree with you.
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rectangle
borntski 11th Oct
Is it too late to patent the process of butt scratching?
@borntski
depends on how deep you go.
@Dietrich T. Schmitz * Your Linux Advocate

That wasn't sarcasm, was it? I think that was sarcasm. Someone call legal. Didn't we patent saying one thing in order to convey the opposite?
It looks too much like the iPad. Someone call apple's legal team.
@Cylon Centurion
These aren't design patents. Maybe calling Microsoft's legal team would be better idea.
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wink
@William Farrell: Mine will call them firsts - because it exists! That's all I need. I have a patent for that somewhere in Asia, you'd bet this thing passes through there sometime during shipping.
"A patent covering the act of tapping an icon on the tablet???s touch-sensitive display to perform an action
A patent intended for Palm over displaying and manipulating multiple calendars on a PDA"

Multiple calenders on a PDA? Tapping an icon to get it to do something? These are things that somebody spent tens, nay hundreds, of hours on how to implement.

This sort of thing isn't obvious or anything. /sarcasm
Just wait 'till I start suing companies for using my patent on "holding a device in one hand while manipulating it with the other."
@dsf3g
Nope they all need human touch in any form like holding, touching, scribbling with pen that is touched by human hand with or without hand gear and other sorts of human touch like carrying, putting in a bag, folio, case, putting on a table or some sort of place holder for watching and enjoying content, using any sort of electricity to operate, which is patented by me. See my patent is very broad and more viable than yours. so all royalties should go to me. wink
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But I have more lawyers
otaddy 10th Oct
@Rama.NET and I filed my patent application first...so the royalties go to me!
The most obvious patent troll to date, nice how they avoid counter-claims by not making anything. They are holding technological process back and not contributing anything
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Patent law reform.
MSFTWorshipper 10th Oct
@kingcobra23 I think that patents that are granted and no technology implemented should be revoked after say a year. Meaning if you invent something, patent it you get 12 months to prove your developing product. If not, you are labeled a patent troll and patent is invalidated.
Oh noes.
My old Axim X50 has those features and it is a rectangle...
Who are these idiots, they shouldnt get a red dime!
@Rampage434
I have never seen a red dime.
@MoeFugger: Well, if it's sharp enough... wink
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My patent wins
TardHugger@... 10th Oct
I patented the patent process, in whole and with a ton of supporting claims.

Everyone including the patent office owes me money.
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Before you think of getting a Kindle Fire, here's some limitations of it that you need to consider:
- Kindle Fire doesn't have microSD slot that, for example, Nook Color has thus it is stuck with 6 GB usable internal storage unlike Nook Color that can get up to 32 GB card in. Kindles are made to be almost like a "dumb terminal" of the past to make sure you're tied up to Amazon's storage on the
web (for which you need Wi-Fi connection to get to) and you can only store content you get from Amazon there, not other files. Quoting Amazon on Kindle Fire: "Free cloud storage for all Amazon content". Get it, Amazon content?
- The stats of how long the battery can last (Kindle Fire theory is 8 hours) are taken with Wi-Fi off. You can only imaging how much less Kindle Fire battery will last if you use it to access content from their Cloud storage over Wi-Fi.
- Amazon can spy on your web activity through their new cloud-integrated web browser of Kindle Fire.
- VERY IMPORTANT ??? lack of microSD slot means that if you decide to root your Kindle Fire, you???ll have to root the actual device thus there will be no coming back. On Nook Color, you can make it boot from a ???rooted??? microSD card and if you want to get back to the original Nook you can just take out the card and
reboot.
- Kindle Fire doesn't have a camera.
- Kindle Fire has about 70% less usable screen area than iPad 2.
- Kindle doesn't support eBooks in ePub format that is the most used format in the world.
- Kindle app store contains only Amazon approved apps and it does not include (and will not include) Netflix app that iPad has and Nook Color is getting thus again you're stuck with Amazon content only.
- Amazon confirmed that you cannot download anything to Kindle Fire when traveling abroad.
- Amazon says it will review every app in its Appstore for Fire compatibility, as part of an automated process. Rejected apps will include those that rely on a gyroscope, camera, WAN module, Bluetooth,
microphone, GPS, or micro SD. Apps are also forbidden from using Google's Mobile Services (and in-app billing), which, if included, will have to be "gracefully" removed. In terms of actual content, Amazon has outlawed all apps that change the tablet's UI in any way (including theme- or wallpaper-based tools), as well as any that demand root access (it remains to be seen how the company will treat the root-dependent apps already in its store).
- I'd recommend waiting for a couple of weeks as Nook Color 2 is rumored to be released by Barnes & Noble.
@eco733

It's a KINDLE... what do you expect? As a present Kindle user, the Kindle Fire is like an enhanced Kindle to me...that's what it's marketed as...that's what I am buying. IF I wanted a tablet, I would get one of the other many tablets that are out there (minus the iPad). My Kindle Fire is a REPLACEMENT to my Kindle--of which, I will give to my girlfriend and share books with her... You see?

As a matter of fact, what does your post have to do with the story? You're "trolling".... I don't like to use troll...so I'll just call you "bored"...kind of like me, for responding to this jibberish.

Unless you have stock in Apple, I don't understand why you would even bring the iPad to a Kindle [silly] patent story.

Aah...boredom satisfied...
@G-Systems While I for the most part agree with you I find it funny that the fact that the iPad was mentioned only twice in that entire post bothers you enough to mention it. The Nook was mentioned numerous time and recommended but you didn't bring that up. Is your hatred for Apple so bad that you had to mention it?
@eco733

Is the Nook Color really getting Netflix? It would be smart of Netflix to partner with Barnes & Noble, assuming Amazon doesn't buy them. Barnes & Noble needs to move beyond just print media if it wants to make a go of the Nook Color (and compete with Amazon and the Kindle) and a partnership with Barnes & Noble would give Netflix a greater air of stability.
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netflix on nook color...
radleym 11th Oct
@dsf3g has been available for.months, although initially a patched version. (That is, rooted.nook.color)
@eco733 I didn't read the whole thing as it only took a second to realize you could have saved yourself and everyone else a lot of time by posting the below.

"I don't like the Kindle but love the Nook so by that instead."
I have a patent for a self-referential method of expressing I have a patent for a self-referential method of expressing I have a patent for a self-referential.....
@JustCallMeBC: That's just repetitive. Recursiveness is however recursiveness is however recursiveness is ...
@Natanael_L : that is also repetitive

recursive( recursive() )
a serious question: does it still flicker a second every time you turn a page?

Nike free run 2 shoes, 2011 new style.
0 Votes
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Try your luck folks.
intrestingca 11th Oct
Want to win an android fire kindle tablet? Join the contest here http://www.mistergoody.com/contest/win-an-amazon-com-full-color-android-kindle-fire-tablet/
The contest is open to anyone. When you enter the contest, you can get up to ten chances to win. When you enter, you get one chance, when you click to Like or Tweet the contest page or any deal on the website, you get one point each time. So if you like/tweet nine deals, you get nine more chances to win (plus 1 for entering, so 10 chances in total).
Let???s get the kindle here http://www.mistergoody.com/contests/
I just patented the letter 'E'. Pay up, y'all!
@josjoskens@... NEVER! ...Oops
happens WHEN you tap the icon that is patented. Amazon's once-click is patented because of what it does WHEN you make that "one click."
@baggins_z: yeah. BUYING something with a click was really hard to imagine, right? Figuring out that you could DO SOMETHING as a result of an icon being tapped requires a genius too, right?
The Obama signed patent "reform" will do NOTHING to reform a completely broken system. More garbage from politicians who ain't got a clue.
The only reason they sue is to slow down their ability to gain market share. There is no infringement here and its obvious. Who loses? We do because this kind of stuff just helps drive prices up.
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is 'collector'...
V1R4L 11th Oct
...colloquial for TROLL?
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Sorry, You're all too late
pauldryan 11th Oct
My ancestors invented "fire" so that puts me at the front of the line, meanwhile our lawyers are currently pursuing Apple for their use of the click "wheel" before they got into the the whole "touch" interface ...... and don't get me started on that ..... my wife's ancestors invented "touching" themselves back when they were bored, cold, and alone in their caves.

We're just waiting for Apple to build a little more cash reserve before we pursue that lawsuit.
Yet another example where our government has failed us. I'd love to know how much the cost of litigation adds to the price of consumer products, in a day when manufacturers need to budget for lawsuits just as they do production, advertising, or any other expense.

I don't know what the answer is - maybe patent pools or similar types of cross-licensing - but I know that I object to any cost increase associated with enriching patent trolls and lawyers.
I believe a cave man patented the work 'fire', they might sue.

We need patent reform!!!
Don't even want to read more of such BS..
"an over litigated society is a decaying society"
You people make me sick..Go buy some verizon ads fools..Quick hurry up, it may be old by the time you get it home hurry up hurry up
1 click i slap yo with a lawsuit 100,000 clicks serious moolah in the bank accounts geez seriously why cant the laws make these funtions universal i dont see camera makers sue each other for their shutter, iso, af-on, metering, eposure, white balance, etc. buttons as they all do the same funtions in every camera.. all smartphones/tablets and touchscreen pcs all have the same functions, clicking, swiping, zoom pinching, etc etc. please guys put a finger where your mouth is, a finger up your butts, plug them up, call it a day and float away geez louise were all getting tired of all this crap and crying like whiny greedy babies over these silly things lol
"There is patent reform on the way as President Obama recently signed the America Invests Act into law, shifting from the first-to-invent system to the first-to-file route."

This "reform" is yet another complete lie. It ["first-to-file" software/methods-accepting "patent reform"] was pushed by the very worst (and largest) patent-trolls. This legislation was virtually bought and paid for by a few multi-billion dollar companies, that file hundreds of (basically bogus previously-used/obvious/utterly-necessary-to-any-computer-device) "patents" every year. This, sham, "patent reform" was done intentionally to utterly cripple competition and unfairly forcibly-extract completely-undue revenue... PERIOD. Frankly, it is, very specifically, designed to actually only do one thing... allow those that have the most money (and file the most utterly-bogus Patents... "first")... to steal virtually every idea/concept/general-method, that must be used (by virtually any computerized-device). Virtually every expert has said that "software" (and "methods") patents -are- the problem. In fact, those that supported this, bold-faced (corporate and government), lie, have very specific, long-term, plans to utterly demolish all real competition through unbelievably expensive, and onerous, artificial, (and now legally-codified) barriers to any legitimate competition.

Anyone, who fails to understand these facts, and doesn't use approved consumer-products... from only the biggest corporate-abusers... should prepare to loose any real market-choice, what-so-ever, and be ready to be RAPED, silly... by what's coming.

...Isn't insatiable corporate-greed, consumer/citizen-ignorance, and completely corrupt-government, awesome..?
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Oh! I know?!
tkejlboom 12th Oct
Has someone patented patent trolling as a business process?

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