Apple’s iPhone ‘multitouch patent’ not as broad as it would seem

There has been a lot of talk today about a recently granted patent that seems to give Apple the ability to pursue infringement suits against any manufacturer producing a touchscreen phone.

The discussion over the implications of the patent reached a fever pitch after this PCMag article said that the patent’s application is so broad that Apple would be able to “bully other smart phone manufacturers out of the U.S. Market entirely.”

An opposing view has just been published by Nilay Patel over at This is My Next that seems to discount much of the claims about the patent’s reach. In the article, Patel says that if you carefully examine each of the claims in the patent, you get a true picture of the intent of the filing, and that the application may be much narrower than most outlets reporting on the issue may realize.

In order for a patent infringement claim to be filed, a device or software product must meet all of the requirements set out in the patent, Patel explains, and the list of elements set out in patent #7,966,578, granted on June 21, are actually very specific.

In addition to the device being touch screen, it must also display the exact behavior set out in the elements, which is to say it must display an overall frame in a web page that moves at a touch, as well as an ‘interior’ frame that you can pinch-to-zoom (or manipulate with ‘N” number of fingers) without affecting the screen at large. Think ‘Google Maps’ for instance.

Patel says that, by that definition, this patent is actually fairly narrow. “I don’t think the big brains at Google or Microsoft (or Motorola or Samsung or HTC or whoever) will have a hard time engineering around it — it’s really just one specific type of multitouch interaction,” writes Patel, “I certainly wouldn’t call it an “iPhone patent” or anything nearly so broad or sensational.”

He acknowledges that the patent does increase Apple’s arsenal when it comes to defending its innovations against its rivals in the smartphone industry, but reinforces that the patent may not be the nuclear weapon that changes the balance of the industry that many publications are painting it to be.

The points that Patel raises seem solid enough, although, unlike him, I’m not a former attorney. This does seem to change the story significantly when it comes to this patent and Apple’s ability to completely dominate the industry by enforcing it.This is My Next

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Pinger takes on Apple’s iMessage with launch of Textfree Web

Pinger, a startup offering free text and voice messaging, has launched Textfree Web, a service that aims to blur the lines between SMS and mobile IM. Anyone with access to a web browser can text any mobile number from the U.S. and more than 18 other countries. Messages with photos can also be sent gratis.

Pinger faces competition from Apple’s iMessage – a feature in the iOS 5 update that will send free messaging between iPhones, iPads or iPod Touches. Co-founder and chief executive Greg Woock says Pinger is different. Its products are cross-platform, whereas Apple’s iMessage only works with iOS devices. “When Apple brought out Facetime, people didn’t stop using Tango,” Woock told Venturebeat, “With Textfree Web, people don’t have to worry about whether you have an iPhone, Android, etc.”

For Woock, a lot of Pinger’s success comes from grabbing the attention of the young and phone-number less (anyone feel a soap opera coming on?). By giving teens their first phone number, they are likely to carry that number with them through life. Pinger hopes that a 17 year old getting a mobile phone will give out the Pinger number instead of the carrier assigned one. Pinger sees 1.6 billion in text messages a month and up to 50 million minutes of calling.

The next move for the company is in Europe. Due to high communication rates, there is a need for a free alternative. Woock, who spoke to VentureBeat after coming out of Customs has been working in Germany to bring German numbers to Pinger’s offerings. For now, only U.S. numbers are available, though texts can be sent to countries is Asia, Latin America and Europe.

Pinger is 2004 alumni of the DEMO Conference.

Got six minutes to launch your game changer? We’re finding top shelf thinkers ready to showcase their products on the DEMO stage. After you sweat out your six minutes of fame, head off the the DEMO pavilion to chat with potential investors, partners and show off the goods. Not to mention all the giveaways. Apply for your spot here. Demo Fall 2011 is located at the Hyatt Regency in Silicon Valley, September 12-14.

Filed under: DEMO

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