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You won't believe these two Patents Apple iPhone is getting sued over

By | December 3, 2007, 2:59pm PST

Summary: Klausner Technologies has just filed a $360 million patent infringement lawsuit against Apple for the Visual Voicemail feature in the iPhone. As Apple notes on this page, Visual Voicemail allows you to go directly to any of your messages without listening to the prior messages. So you can quickly select the messages that are [...]

Klausner Technologies has just filed a $360 million patent infringement lawsuit against Apple for the Visual Voicemail visualvoicemail.jpg feature in the iPhone.

As Apple notes on this page, Visual Voicemail allows you to go directly to any of your messages without listening to the prior messages. So you can quickly select the messages that are most important to you.

I’ve read both of the contested Patents, and I am getting back to you with details and my opinions.

Bearing the title of Telephone answering device linking displayed data with recorded audio message, Patent# 5,572,576 (granted in 1996) specifies:

A telephone answering device (TAD) which includes a means of intelligently organizing voice messages, associated entered codes such as personal IDs and home telephone numbers, and information stored in the memory of the TAD. These codes or numbers are decoded by means of the caller entering DTMF signals into the telephone which are recognized, recorded and processed by the TAD.

When processed with codes and personal information previously entered into the device’s memory, the TAD displays the identity of the callers for each message, thus providing a menu of choices, i.e., a list of callers.

This enables the user to access messages in a selective manner based on the identity of the caller.

The need to listen to the actual voice messages to determine the caller’s identity and the need to listen to the messages sequentially or chronologically is obviated, saving both time and effort.

Additionally, because the voice message is also linked to pre-stored additional data in the data base, when hearing a message, one also can view relevant associated information, such as a fax number, etc., that might not have been left in the audio message but might be important. A remote access device is also provided that allows the user to retrieve and display the callers’ identities and select a message to be played back from a remote location.

And now we move on to the older of these two contested patents. U.S. Patent #5,283,818, also with the title of title of Telephone answering device linking displayed data with recorded audio message.

The Abstract for this 1994 Patent says the technology covered under this patent is:

A telephone answering device (TAD) which includes a means of intelligently organizing voice messages, associated entered codes such as personal IDs and home telephone numbers, and information stored in the memory of the TAD.

These codes or numbers are decoded by means of the caller entering DTMF signals into the telephone which are recognized, recorded and processed by the TAD.

When processed with codes and personal information previously entered into the device’s memory, the TAD displays the identity of the callers for each message, thus providing a menu of choices, i.e., a list of callers.

This enables the user to access messages in a selective manner based on the identity of the caller. The need to listen to the actual voice messages to determine the caller’s identity and the need to listen to the messages sequentially or chronologically is obviated, saving both time and effort.

Additionally, because the voice message is also linked to pre-stored additional data in the data base, when hearing a message, one also can view relevant associated information, such as a fax number, etc., that might not have been left in the audio message but might be important.

I’m no patent attorney or judge, but these patents sound overly general to me.

To you?

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Disclosure

Russell Shaw

http://blogs.zdnet.com/ip-telephony/?page_id=1879

Biography

Russell Shaw

Russell Shaw passed away in March 2008. He was an enterprise computing journalist, analyst and author based in Portland, Oregon. A specialist in open source architectures and strategies, Microsoft applications, wireless networking, and multimedia content creation, Russell covered these fields regularly for several IT, business and consumer publications, including Investor's Business Daily and the syndicated IT news site NewsFactor.com.

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RE: You won't believe these two Patents Apple iPhone is getting sued over
pablo Dante 5th Dec 2007
Seems like every software patent is too general.
0 Votes
+ -
Ever read any of Apple's patents?
NonZealot 3rd Dec 2007
I?m no patent attorney or judge, but these patents sound overly general to me.

These are far more specific than anything you will find in Apple's patent folder. I hope Apple gets fried for this. The irony is just too delicious. happy
0 Votes
+ -
Like Microsoft's "double click" and Amazon's "One Click". I seriously can't believe that
the US government doesn't do anything about its badly broken system... no wait... I
can believe it.
0 Votes
+ -
Why reinvent the wheel?
willhoyt 3rd Dec 2007
Because you could patent the wheel, as an Australian did. These patent systems are
retarded.

http://edition.cnn.com/2001/WORLD/asiapcf/auspac/07/02/australia.wheel/
0 Votes
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1989 Mac SE/30 did this
arminw 4th Dec 2007
with the help of a little box called the DoveFax+ and special software that also
worked for data and faxes. Does that count as prior art?
0 Votes
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It's the claims, not the abstract
samkass 4th Dec 2007
Legally, the abstract has absolutely no bearing on the patent. The abstract could say, "This patent allows aliens to steal your brain and use it for soup," but if the claims specify an invented light bulb, that's what gets evaluated in court.

In the claims, the details that emerge appear to be that the "meat" of this patent is tying an address book to a visual list of recorded voice messages, such that the list displays the name of the caller. Later claims also cover the call duration and how the calls may be stored.

Considering the patent was filed in the mid 90's, when audio "AV" computers were just becoming popular and this functionality just becoming possible, it seems likely that this was innovative at the time. The fact that the company has successfully gotten licenses from several others also will lend credibility to their story (commercial success can be submitted as evidence of innovation in US patent court.)

It seems like Apple should figure out how much it will take to pay them off.

(I'm no attorney, patent or otherwise.)
Seems like every software patent is too general.

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