Although this is mainly a Windows based site, I thought that some of our readers might be interested in Apple’s recent patent violation as Apple is Microsoft’s main competition.
Elan Microelectronics, a company based in Taiwan, is now suing Apple (for the second time) for violating their multi-touch patent, claiming that its products violate Elan’s patent #5,825,352: “the 352 patent relates to touch-sensitive input devices with the ability to detect the simultaneous presence of two or more fingers…the 352 patent is a fundamental patent to the detection of multi-fingers that allows for any subsequent multi-finger applications to be implemented.”
A more detailed description of Elan’s actions can be found in their recent announcement:
The complaint alleges that Apple is violating Section 337 of the Tariff Act of 1930, as amended, by importing its iPhone, iPod Touch, MacBook and Magic Mouse products into the United States, that infringe Elan’s U.S. Patent No. 5,825,352. (the “352 patent”). Elan also alleges that the importation of Apple’s iPad products, which Apple has indicated will be available to consumers on April 3, violates section 337. Elan is requesting that the ITC issue a permanent exclusion order barring the importation of those products into the United States, as well as a cease and desist order barring Apple from selling any of these products in the United States that it has already imported.
The ITC will decide whether it will institute an investigation within 30 days. If instituted, the ITC will set a target date by which it will complete the investigation and issue its final determination as to infringement and remedial orders. Elan is looking to the ITC for expeditious adjudication of its infringement claims.
Elan previously filed a lawsuit in U.S. District Court in Northern California asserting the 352 patent against Apple on April 7, 2009 (case no. C-09-01531 RS). In that case Elan also alleges that Apple infringes Elan’s U.S. Patent No. 7,274,353 (the “353 patent”).
The 352 patent relates to touch-sensitive input devices with the ability to detect the simultaneous presence of two or more fingers. Multi-finger applications are becoming popular in smartphone and computer applications, particularly with support for multi-finger gestures integrated into the new Microsoft Windows 7 operating system. The 352 patent is a fundamental patent to the detection of multi-fingers that allows for any subsequent multi-finger applications to be implemented.
It appears as though Apple faces the threat of having their iPhone blocked if Elan’s patent lawsuit goes through. Whether or not this will affect the Windows 7 Phone remains to be seen.
