"Don't rip off our IP," warns Apple (glaring at Palm)

Thu Jan 22, 2009 10:51AM EST

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Acting CEO Tim Cook didn't say the word "Palm" (or "Pre") once during Apple's quarterly earnings call Wednesday, but after he beat his chest and said "we're going to go after anybody" who "rip[s] off our IP," observers had little trouble filling in the blanks.

The background: Just a couple of weeks ago, Palm wowed CES with the Pre, its long-awaited, next-generation smartphone that boasts a gorgeous touch interface and "multitouch" capabilities—that is, a display that can track two fingers at once, allowing for gestures such as "pinching" to zoom Web pages.

Hmmm, sounds kinda like the iPhone, right? Well, as PC Magazine notes, Apple has actually filed several patents for "gesture"-based multitouch interfaces, claiming them as its own intellectual property ("IP"). And I'm sure Apple noticed that the Pre was introduced by a certain Jon Rubenstein, the former Apple exec behind the iMac and the iPod.

So naturally, the question came up during Apple's quarterly conference call yesterday, with one analyst (this, again, from PC Magazine's report) noting: "The Palm device almost seems to directly emulate the touch interface that you have innovated."

Cook's answer?

I don't want to talk about any specific company … I'm just making a general statement that we think competition is good; it makes us all better. And we're ready to suit up and go against anyone. However, we will not stand for having our IP ripped off and we'll use whatever weapons we have at our disposal. I don't know that I can be more clear than that."

Yep, I'm reading you loud and clear, Tim—although I'm not exactly getting the warm fuzzies here. In fact, I'm picturing Gordon Gekko in his corner office, barking "I'm gonna eat your lunch for you!" at hapless opponents.

Again: Tim Cook never said "Palm," he never said "Pre," and he never said "multitouch." But when you say "We like competition, as long as they don't rip off our IP, and if they do, we're going to go after anybody that does," well … that sure sounds like a shot across Palm's bow.

Of course, it all comes down to how you feel about patent law. Should Apple be allowed to "own" the concept of, say, a touch display that can track two fingers at once, even if a company (like Palm) uses its own method to do it?

Personally, I can't wait for the showdown between the iPhone and the Palm Pre—but I'd rather see it decided in the marketplace, not a courtroom.

Thoughts? Don't be shy.

Related:
Will Apple Sue Palm Over the Pre? [PC Magazine]

Comments on "Don't rip off our IP," warns Apple (glaring at Palm)

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  • 1 Posted by wolverinemarky on Thu Sep 3, 2009 10:49PM EDT Report Abuse

    if apple thinks the pre is really tough competition they will sue them and without apple's IP is palms pre really that good a phone most likely not so that would sink that phone pretty good. I hope palm has some good lawyers lol

  • 2 Posted by brandobean1 on Thu Sep 3, 2009 3:12PM EDT Report Abuse

    I haven't seen the Pre (though I want one) but I can't imagine any of that multitouch gesture stuff holding up in court. There is too much Prior Art for that stuff. Multi touch interfaces have been around for 20 some odd years.

  • 3 Posted by bulmash on Thu Sep 3, 2009 3:15PM EDT Report Abuse

    Yeah, but many approved patent applications have claimed the originality lies not in the act itself, but in bringing it to the world of the net or cell phones.

  • 4 Posted by allan0clark on Thu Sep 3, 2009 2:50PM EDT Report Abuse

    I watched a CNN weatherperson use a two-fingered gesture to enlarge small maplets into legible size on a wall-sized display on inauguration night. Then he 'tossed' them offscreen in succession. I wonder who owns that technology, and are they all (Palm, Apple, CNN) a logical extension of Tom Cruze's 'Minority Report' computing environment, or coincidence? Does anyone remember Amazon's 'one-click' fuss? So now for 17 years the only way to use more than one finger on a device will be owned/licensed by Apple. Hmmm. And which finger?

  • 5 Posted by rogueist on Thu Sep 3, 2009 8:49PM EDT Report Abuse

    The use of gestures to do actions on touch devices is not new, not unique and has about 20 years of prior art available for it. Whether or not Palm can find all this art and bring it up in court, or even be allowed to bring it up in court, will determine the outcome of this case. In general, Apple's patent applications should have been rejected at the start.

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