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Old 07-26-2012, 05:41 AM   #24
murraypaul
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Quote:
Originally Posted by Hellmark View Post
WTF. What ever happened to prior art?

I mean, I've had devices that would do what this patent describes for years, long before even Apple did the Newton. It isn't new.
Despite the description in this thread, Apple have not patented the general concept of a device for displaying lists, that isn't how patents works.
A patent document is an insanely detailed description of a number of claims (in this case 30). Those claims are what is actually patented, not the general description. Anyone is free to invent their own device for displaying lists, as long as it does non infringe on one of the claims in this patent. In order to infringe, it must meet every specification of the claim. As long as there is at least one portion of the specification of the claim that it does not meet, it does not infringe.
Each claim stands alone, and a product could infringe one of more of the claims. Each claim individually could be found to be invalid, without invalidating the rest of the patent. That is where prior art, common general knowledge and obviousness would come in to it.
So if, for any individual claim, there is either a prior generally available device embodying the claim, or a prior patent or academic article or suchlike describing the claim, or it could be demonstrated that the claim is an obvious step over one or more embodiments or papers, the claim could be found to be invalid.

The actual document is here, if you have the time to read it.

Typically you will have one starter claim, and a number of others that piggy-back on it to add more specifications. (This maximises the coverage of the patent while increasing the chances of some of the claims survive challenge)
For example, claims 1-9 are: (bullet points added)
Quote:
1. A method, comprising: at a portable multifunction device with a touch screen display:
- displaying a portion of an electronic document on the touch screen display, wherein the displayed portion of the electronic document has a vertical position in the electronic document;
- displaying a vertical bar on top of the displayed portion of the electronic document, the vertical bar displayed proximate to a vertical edge of the displayed portion of the electronic document, wherein:
- the vertical bar has a vertical position on top of the displayed portion of the electronic document that corresponds to the vertical position in the electronic document of the displayed portion of the electronic document;
- and the vertical bar is not a scroll bar;
- detecting a movement of an object in a direction on the displayed portion of the electronic document;
- in response to detecting the movement:
-- scrolling the electronic document displayed on the touch screen display in the direction of movement of the object so that a new portion of the electronic document is displayed,
-- moving the vertical bar to a new vertical position such that the new vertical position corresponds to the vertical position in the electronic document of the displayed new portion of the electronic document,
-- and maintaining the vertical bar proximate to the vertical edge of the displayed portion of the electronic document;
- and in response to a predetermined condition being met, ceasing to display the vertical bar while continuing to display the displayed portion of the electronic document, wherein the displayed portion of the electronic document has a vertical extent that is less than a vertical extent of the electronic document.

2. The method of claim 1, including: when the portion of the electronic document is initially displayed: displaying the vertical bar for a predetermined time period even if no object is detected on or near the electronic document, and ceasing to display the vertical bar immediately following the predetermined time period.

3. The method of claim 1, wherein the predetermined condition comprises ceasing to detect the object on or near the touch screen display.

4. The method of claim 1, wherein the predetermined condition comprises ceasing to detect the object on or near the touch screen display for a predetermined time period.

5. The method of claim 1, wherein the predetermined condition comprises ceasing to detect the object on or near the displayed portion of the electronic document.

6. The method of claim 1, wherein the object is a finger.

7. The method of claim 1, wherein the vertical bar is translucent or transparent.

8. The method of claim 1, wherein the movement of the object is on the touch screen display.

9. The method of claim 1, wherein the vertical bar has a major axis and a portion of the electronic document along the major axis of the vertical bar is not covered by the vertical bar.
If there is prior art for the exact specification of one of those claims, then any attempt by Apple to sue for violation of it would be met by a successful counterclaim for invalidation of the claim. If the claim is different in at least one non-obvious way from what has gone before, then it is would not be.
(The patent was filed in 2007, so prior art would be considered at that point.)

Last edited by murraypaul; 07-26-2012 at 05:47 AM.
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