:-( Samsung, Research In Motion Sued For Making It Easy To Use Emoticons

from the thus,-infringing-a-patent dept

All the way back in 2001, we wrote about how the brilliant satirists at Despair Inc. successfully trademarked 🙁 and announced that they planned to sue 7 million internet users for violating the trademark. The actual announcement was pretty funny — even though not everyone got the joke. In 2006, we also had a story that mentioned a whole bunch of patents and patent applications related to emoticons.

It appears that one of those is now being used in a lawsuit against Samsung and RIM for having the gall to create a button that makes it easy to pick an emoticon without typing it in. The patent in question (US Patent 7,167,731) really is for having a button that lets you pick emoticons. How this is possibly patentable is beyond me. But, for some reason, examiner Lee Nguyen thought it was somehow non-obvious. The patent was originally assigned to Wildseed, a mobile accessories firm that AOL bought in 2005. The patent itself then went to Varia Mobil, who moved it to Varia Holdings to Varia and back to Varia Holdings. It’s Varia Holdings bringing the lawsuit. Varia appears to just be a trolling operation (of course).

It’s fairly stunning that anyone considered this a valid patent at any point. That it’s now being used as the basis for a lawsuit should (once again) raise significant questions about the USPTO’s approval process for patents.

Filed Under: , ,
Companies: rim, samsung, varia

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “:-( Samsung, Research In Motion Sued For Making It Easy To Use Emoticons”

Subscribe: RSS Leave a comment
48 Comments
Anonymous Coward says:

Re: Re:

you can’t, i already patented and trademark both the phrase and the action. I then sold it for millions to Varia. Expect a lawsuit in the mail.

Part of it will be seizing the computer you used and all the area around it. Shame on you for stealing my original idea that no one would have ever thought of had it not been for me.

Glaze (profile) says:

Re: Re:

Like this?

……………………………………..________
………………………………,.-‘”……………….“~.,
………………………..,.-“……………………………..”-.,
…………………….,/………………………………………..”:,
…………………,?………………………………………………,
………………./…………………………………………………..,}
……………../………………………………………………,:`^`..}
……………/……………………………………………,:”………/
…………..?…..__…………………………………..:`………../
…………./__.(…..”~-,_…………………………,:`………./
………../(_….”~,_……..”~,_………………..,:`…….._/
……….{.._$;_……”=,_…….”-,_…….,.-~-,},.~”;/….}
………..((…..*~_…….”=-._……”;,,./`…./”…………../
…,,,___.`~,……”~.,………………..`…..}…………../
…………(….`=-,,…….`……………………(……;_,,-”
…………/.`~,……`-………………………………./
………….`~.*-,……………………………….|,./…..,__
,,_……….}.>-._……………………………..|…………..`=~-,
…..`=~-,__……`,……………………………
……………….`=~-,,.,………………………….
…………………………..`:,,………………………`…………..__
……………………………….`=-,……………….,%`>–==“
…………………………………._……….._,-%…….`
……………………………..,

Chosen Reject (profile) says:

Re: Re:

But it is non-obvious. No one in the existence of mankind has ever thought about using a button to represent and perform a series of commands, especially such commands as entering two or more characters. Ever. If you don’t believe me, I will be forced to say “ever” again, and if you get belligerent then I’ll say “never” very forcefully. This is my argument.

Also, I did not type this on a Windows machine that uses both carriage return and line feed to represent new lines and are both entered when pressing the “Enter” key. That is a violation of this patent, obviously, and my use of that vile, patent infringing OS would be aiding and abetting the enemy.

Also, EVER!

ChurchHatesTucker (profile) says:

Re: Re: patent examiner Lee Nguyen

It is confounding that patent examiner Lee Nguyen thought this was non-obvious.

Especially since this was filed after examiners were allowed to use Google and a cursory search should have led patent examiner Lee Nguyen to realize that sending many more characters than keypresses happened every time patent examiner Lee Nguyen used the “paste” function on patent examiner Lee Nguyen’s computer.

Attn: patent examiner Lee Nguyen

Anonymous Coward says:

Re: Re: Re: patent examiner Lee Nguyen

The problem is that patents are written in overly obtuse ways so a google search will come up with nothing. They need to hire people with basic knowledge of what’s trying to be patented instead of getting any old schmuck to decide if “that thing on the fairy box” is nonobvious.

Anonymous Coward says:

Re: Re:

I am patenting interlocking hoops and needle object into a shape that can never be fully described perfectly by math. This is for the express use of entertaining Felis domesticus. Any other uses are prohibited by law. Reverse engineering of the object will lead to execution by a flogging from small animals.

And that is how you get a patent for an obvious device. In this case a piece of double sided velcro wrapped in a circle.
Oddly the cat loves this more then any of the other toys. Go figure.

Nick Dynice (profile) says:

Every time someone successfully files and receives approval on a patent, they have created an unlimited amount of precision financial missiles that can be deployed by any number of owners, future innovation terrorist organizations or individuals, against real innovators shipping financially viable products in the marketplace. I wonder if Lee Nguyen is proud of this. We know people like Andy Baio and Stephan Brunner are not.

Baldaur Regis (profile) says:

Re: Re:

Every time someone successfully files and receives approval on a patent, a puppy gets kicked.

These patent wars are like a Mexican standoff where somebody was actually stupid enough to fire first. Now everybody is suing everybody else, and the only ones innovating are the lawyers with their “I’m gettin’ richer by da moment” dance routines.

Alessar (profile) says:

I met a patent examiner once

There was a guy I played an online game with once. His mental processes were quite atypical. Somehow anal-retentive and clueless at the same time, with little or no common sense. Not quite the same as some people I’ve known with Aspberger’s; but really just in his own world. Anyway, I asked what he did one day and found out he was a patent examiner and then it all made sense.

Anonymous Coward says:

I am curious if anyone noticed the complaint recited the pendency of a lawsuit between Samsung as plaintiff/patent holder and Apple as an alleged infringer. The patent? Emoticons on mobile devices, as is asserted here against Samsung.

For the benefit of those inclined to criticize the patent examiner, while I suspect that subjectively he probably felt the same way of most persons commenting here, he is bound by law to use objective evidence in considering the allowability of patent claims.

I have no doubt there is objective evidence residing somewhere. The difficulty, however, is finding it, a task that is not as easy as many seem inclined to believe.

Gene Cavanaugh (profile) says:

Ridiculous patents

This is Congress at work. They decided the USPTO should be self-supporting, and since they regularly dip into USPTO funds (they say they no longer do that …), they have put pressure on the USPTO to generate as much funding as possible. The present Director, David Kappos, is doing just that; killing small entity patenting (they pay half-price; can’t have that!!), and putting the award for a patent up for sale. Give the USPTO enough money (and there are multiple “legal” ways) and you can patent anything – say, motherhood.

aikiwolfie (profile) says:

Didn’t all the messenger apps back in the mid 90’s, early 2000’s all have emoticon buttons? Actually come to think of it the VBulletin forum software has a whole page that shows you all the emoticons available to you on whichever site it’s powering and lets you click the emoticon and it then magically appears in your text box.

I remember quite clearly Netscape’s e-mail client also had a button for inserting smilies.

This “invention” or “innovation” wasn’t just obvious. Everybody was already doing it. The USPTO seriously needs to be sued for incompetence on the job.

Leave a Reply to Anonymous Coward Cancel reply

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...