Apple's Google Voice Rejection Wakes Up A Dormant FCC; Investigation Begins

from the whoops dept

We've had a bunch of stories about Apple's rather arbitrary nature in rejecting iPhone apps it doesn't like -- including ones where it claims that they're not allowed because they compete with Apple. However, Apple's recent decision to reject Google's Voice application didn't just attract general public interest in Apple's policies, it appears to have awoken the latest crop of FCC bosses. Yes, the FCC has requested more info from Apple, AT&T and Google concerning Apple's rejection of the Google app. I wonder how the random Apple drone who made that decision is feeling right now?

Either way, this isn't good for anyone. The FCC's reasoning is that it:

"has a mission to foster a competitive wireless marketplace, protect and empower consumers, and promote innovation and investment."

That's actually a bit of a stretch on the FCC's actual mandate. And as ridiculous as I think Apple's actions are here, having the FCC get involved doesn't seem good for anyone either. The FCC shouldn't be involved in deciding what applications get put on phones. Apple's decision has angered a bunch of people, with some swearing off the iPhone because of it. In those cases, those people have other options and other phones to go to. The situation doesn't require the FCC to get involved. It should just require Apple coming to its senses and getting rid of its silly policy of outright rejections of apps it doesn't like.

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JPEG Patent's Single Claim Rejected (And Smacked Down For Good Measure)

from the a-good-first-step dept

We've been covering the ongoing saga of an old patent we've referred to as the "JPEG Patent." This actually isn't the first patent we've called the JPEG Patent, because multiple people claimed to hold patents over the technology that goes into a JPEG image. But, this one was rather special. The patent had been used, repeatedly, by lawyer Ray Niro, against a wide range of opponents, including a patent system critic. The end result was a drawn out review process where all of the original claims were rejected, but a single new claim was added to the patent, which Niro insisted covered JPEGs on a website.

Earlier this year, the Patent Office agreed to re-examine that claim. On top of that, a judge overseeing one of the lawsuits involving the patent decided to put the suit on hold pending the outcome of the re-exam. Of course, the re-exam will take some time, but the initial re-exam came out recently and it does not look good for this patent:

The one remaining claim was rejected on 19 different grounds, and then the examiner went on for over 40 pages, explaining in great detail, why the claim (and, thus, the entire patent) were not valid. Kinda makes you wonder why it was approved in the first place, but that's a different discussion for a different day. This is, of course, just the initial re-exam. Niro gets to respond, but given the amount of detail that goes into rejecting a single claim, he's got quite an uphill battle.

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Patent Office Rejects Blackboard E-Learning Patent One Month After It Wins Lawsuit

from the interesting-timing dept

One of the more annoying things in patent lawsuits is watching the USPTO reject patents soon after a lawsuit concludes -- and having the judges in those lawsuits refuse to wait for the USPTO to weigh in. This is especially troublesome considering that so many patent re-exams result in rejected claims. It would only make sense for judges to wait until the Patent Office has had a chance to review the patent. As if to highlight that, late last week, the USPTO rejected all claims on a rather infamous "e-learning" patent held by Blackboard Inc. This comes just slightly over a month after Blackboard won a lawsuit using that very patent. It was known during the trial that the Patent Office had agreed to review it, but apparently, the judge didn't want to wait.

Of course, Blackboard quickly came out with a statement saying this doesn't matter, it's already won the case, and it still expects an injunction to be issued preventing Desire2Learn from offering e-learning software. Blackboard is correct that this is just an initial rejection (meaning there are still responses and additional rounds to go), but it still seems rather weak to put out a statement saying that everyone should just ignore the rather significant questions the USPTO has just raised about the patent in question.

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