Apple Fails in Patenting IPod Technology
Published on August 13, 2005 By Black Xero In WinCustomize News
October 23, 2001, the release date of iPod, might always be remembered and considered as D-Day for Apple. iPod brought real twists and warps in music market. iPod was not based on a new concept. Companies before Apple released hard drive based music players, but none had the charm and elegance in the Apple implementation. Unlike the competitors, the iPod used a high speed FireWire interface to transfer files on and off of it, and it used a tiny hard drive, that made the device a quarter of the size of comparable products. Besides the specifications, the iPod offered an intuitive interface and a beautiful enclosure. Even the ear buds defined themselves by being different and unique. Almost all audio equipment was black, but Apple created a set of ear buds that were glistening white. Everything in the design was there to allow the user to have a better experience.

And on July 13, 2005 another surprise twist arose in the portable music wars, the U.S. Patent and Trademark Office has denied Apple's application to patent its method of using hierarchical menus to navigate through the iPod's contents. The basis for the denial: A similar method outlined in a Microsoft researcher's patent application, filed after the iPod was introduced but before Apple sought its own patent.

In a ruling issued, a patent examiner rejected Apple's attempt to patent some of the user interface concepts behind the popular digital music player, noting that Microsoft developer John Platt filed for similar claims five months before Apple did.

Microsoft issued an official note on Friday stated that the company is always open to licensing its technology.

"In general, our policy is to allow others to license our patents so they can use our innovative methods in their products," David Kaefer, Microsoft's director of intellectual property licensing, said in a statement. "Microsoft and Apple have previously licensed their respective patent portfolios to one another and we maintain a good working relationship with Apple."




Check the links for more information:
CNet News: Link

Seattlepi: Link

Apple Insider: Link


Comments
on Aug 13, 2005
Here is another Link: Link
on Aug 13, 2005
How ironic... Does that mean that Apple has to purchase a license from M$ to use it's own idea?
on Aug 13, 2005
So what does this mean... MS sues Apple for the design of the iPod?
on Aug 15, 2005
This article is pure rubbish. To wit:

"Unlike the competitors, the iPod used a high speed FireWire interface to transfer files on and off of it"

Not true: Creative's Nomad Jukebox 3, introduced prior to Ipod, features firewire connectivity.

"Besides the specifications, the iPod offered an intuitive interface and a beautiful enclosure."

This statement is open to debate.

"Even the ear buds defined themselves by being different and unique."

Simply not true.

"Almost all audio equipment was black"

Again, not true... not even close to being true. The author does not seem to know much about what he/she is writing about, or audio equipment in general.

"Everything in the design was there to allow the user to have a better experience."

That statement is very much open to debate.

Also, note that Apple was not the first to introduce hierarchical menu systems in a personal audio player - Creative had that first as well.

It looks like Apple is again given credit for an idea or design that it certainly did not originate (they borrowed the GUI-driven OS idea from a Xerox research team).
on Aug 15, 2005
Ipod, an apple to the core. Overpriced and the most must have item that no one really needs.
on Aug 15, 2005
The patent isn't about the menu, but about podcasting. More specifically about "an application to generate playlists for a library collection of media items": link.
on Aug 16, 2005
Here's another good read on how absurd things can get:

Hey. This First-to-File Thing Is Scary
http://www.groklaw.net/article.php?story=20050814182026814

I is very likely that "prior art" will save Apple this time.