Apple sued over Nike+iPod Sport Kit | iLounge News

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Apple sued over Nike+iPod Sport Kit

In its quarterly report filed with the SEC last week, Apple disclosed that it is facing a lawsuit over the Nike+iPod Sport Kit. Apple said PhatRat Technology filed a lawsuit in October alleging patent infringement. The company claims Apple’s product is infringing on several patents held by PhatRat, including: U.S. Patent number 6,499,000 entitled “System and Method for Determining Loft Time, Speed, Height and Distance,” U.S. Patent number 6,885,971 entitled “Methods and Systems for Assessing Athletics Performance,” U.S. Patent number 6,963,818 entitled “Mobile Speedometer Systems and Associated Methods,” and U.S. Patent number 7,092,846 entitled “Systems and Methods for Determining Performance Data,” as well as allowed U.S. Patent Application number 11/358,508 entitled “Shoes Employing Monitoring Devices, and Associated Methods.”

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Comments

1

I’m really getting sick of hearing about all these constant patent infringement lawsuits.  Seems to be the new trend against every new product to hit the market.

Posted by iScott on January 2, 2007 at 11:59 AM (CST)

2

The lawsuit isnt against Nike? So its really a lawsuit on the software utilized? This seems a little confusing.

Posted by Mike on January 2, 2007 at 12:19 PM (CST)

3

All this company did was file paperwork for a patent.  They really did not do any design or research of the product.  They just think of patents, file them, and wait for a company to use some little portion of a patent they hold.  It is going to get to a point where companies will not release anything for fear of being sued.  Wanna see how scary patents could become read ‘Next’ by Michael Critchton

Posted by drew on January 2, 2007 at 1:06 PM (CST)

4

@drew: To file a patent, you need to provide a (working) design. You can’t just patent “ideas”.

Don’t comment when you don’t know shit.

If Apple wants to make use of patented technologies, they can pay the company for them.

Posted by Anonymous on January 2, 2007 at 3:53 PM (CST)

5

US patent laws and the execution of those laws sucks, but thats what you get when you vote republican…

Posted by Christopher on January 2, 2007 at 5:14 PM (CST)

6

Anonymous, ideas are patented all the time. Are you to tell me that every single patent on file is for a physical object? If so, how exactly could AT&T sue everyone for using “their” MP4 format?

Posted by Joshdude in Long Beach, CA on January 2, 2007 at 5:32 PM (CST)

7

The United Patent Office, and they way they regulate them, are not affected by whether or not DC is controlled by Republican or Democrat.

Posted by Wes on January 2, 2007 at 5:33 PM (CST)

8

@Anonymous: While the U.S. Patent Office reserves the right to require a working model for proposed patents, they rarely do. (The most notable exception is for perpetual motion machines, which always require a working model, since they are, of course, impossible.)

So, yes, inventors need to submit a design (such as schematics, etc.) when applying for a patent, but there’s no system in place to test whether or not it’s a “(working) design.” It’s often nothing more than a thoroughly described “idea.”

Every inventor/engineer knows that there is a world of difference between a design on paper and actual implementation into a working model.

For example, there were hundreds of your so-called “(working) designs” for manned flight before the Wright Brothers spent several years developing an actual working model.

Perhaps next time you won’t post anonymously, and you might be a little less rude.

Posted by BJ Nemeth on January 2, 2007 at 5:47 PM (CST)

9

Okay as the grandson of the most successful patent litigator of all time, John Calimafde (tried and won the most patent cases in US history).  I can tell you that in court not only the application, but the validity, and other possible iterations are all fair play and are often tested.

That means:

1) If a design for a patent does not “work” it will be shown in court when a patent infringement case is brought.

2) If the idea is “obvious” or just a natural evolution of existing ideas, this will be brought up and is ground for dismissal of the original patent.

3) If the design is shown to be a copy the extent to which the infringement occurs will be discussed in context with number 2.

Posted by NinjaTickets on January 3, 2007 at 1:42 AM (CST)

10

Feel free to lookup John Calimafde, and ask him reasonable questions.  He is a great guy, but he won’t help you get any patents, he’s a litigator.

Posted by NinjaTickets on January 3, 2007 at 1:44 AM (CST)

11

NinjaTickets: it’s about time someone actually posts intelligent responses on these boards. Nice work.

Posted by thelottery on January 3, 2007 at 8:43 AM (CST)

12

It must feel good to blame everything on GOP.  Go leap a tall building in a single bound or something before guessing the real patent process… thanks again Ninja!!!

Posted by geranimo on January 3, 2007 at 1:53 PM (CST)

13

What is it with Americans and lawsuits?

‘Hi Honey, you’re late, how was your day today?’

‘Nothing special, Dave didn’t turn up and I lost my clock-in card…..again, filed a lawsuit, and the traffic….I’m not kidding you it stretched for a mile! Which is why I’m late. Is my dinner in the oven?’

Posted by The Tron on January 3, 2007 at 9:04 PM (CST)

14

Lawsuit or not…. does not matter!!  The bottom line is whoever has more money wins at the end and that’s unfortunately how the justice system works most of the time.

Just look at how Apple settled their 1st suit with AppleMusic/Beatles by “Agreeing” NEVER to go into music business…. but when they launched iPod/iTune Store (which is an obvious violation of the agreement).... for some reason they ended up winning the 2nd suit brought up by the Beatles’ Apple Music Company.

Once again…. it simply prooves that “Money” is the only thing that matters even in the justice system…. and that’s SAD…..

Posted by DJ on January 4, 2007 at 3:48 PM (CST)

15

That’s why it deutschland, we have stilts!  Fokk, yeah!

Posted by fazsha on January 8, 2007 at 1:13 AM (CST)

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