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16 Aug 2005
Microsoft owns a key patent for music player software that could force Apple to pay it a royalty for every iPod sold.
The patents cover the generation of playlists and building of music libraries in portable media players. Apple launched the iPod in November 2001, but only filed a provisional patent application in July 2002 for the menu control software.
But Microsoft developer John Platt filed his patent five months earlier and has been awarded the patent by the United States Patent and Trademark Office. Apple is appealing, stressing that the iPod was launched before Platt filed his patent claim.
Apple's iPod currently accounts for the majority of all music players sold and the revenue they generated contributed to the company's better than expected results.
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guffaw
Get your facts straight. Apple released the iPod BEFORE MS filed, and MS has NOT been awarded the patent. Apple's application was rejected because of MS's filing, not because MS has the patent. Like as not, unless MS can prove they were working on the patent before Apple, either Apple will get the patent eventually, or no-one will.
Posted by: LE 16 Aug 2005
Good grief
The US patent system - another winner from the country that brought us the $6 million 'Ouch! That coffee was hot' lawsuit.
Posted by: Peter Dunkley 16 Aug 2005
Check your facts.
You state that MS *OWNS* a patent here. What is the NUMBER of Microsoft's purported patent? Having trouble finding it? Maybe that's because NEITHER firm has been awarded a patent here. One *application* for a patent caused another to be rejected.
Posted by: Danielle 16 Aug 2005
Just wrong
This came out in the IoS and it's just wrong. As far as I can see Microsoft don't own any granted patent on this subject - search USPTO for inventor=Platt and Assignee=Microsoft. They have an application in but that's another matter; and the application concerns auto-generation of playlists on a PC for later playing on a device. Don't see how "Apple must pay royalty to MS" comes in.
Posted by: Tim King 16 Aug 2005
Please. Stop. You're killing me.
This patent story has gotten out of control. There are myriad reasons this could -- and probably will -- turn out to be a total non-event. Regardless, it is a complex set of circumstances which are inescapably misrepresented by such a short piece.
Posted by: RixMax 16 Aug 2005
Cmon get your facts straight
The US has a first to invent, not file patent process. The iPod was being sold before Microsoft filed for the patent.
Posted by: Arn Battaglene 16 Aug 2005
Not Quite
Microsoft have a patent application, which was also turned down. As they filed the patent after Apple released the iPod, the prior art is obvious.
Posted by: Chris 16 Aug 2005
This story is factually incorrect!
This story has already been discredited. Microsoft's patent was not approved and it won't be, since the iPod went on sale before Microsoft filed it's patent. "first to invent" preceeds "first to file" in US copyright law. Bad Reporting in Progress - Or How MS Didn't Invent the iPod http://wizbangblog.com/archives/006750.php
Posted by: studentrights 16 Aug 2005
What a load of crock
Missing from the story is the fact that Microsoft's own patent application was filed 5 months AFTER Apple released the iPod. In the U.S., patents are granted based on FIRST TO INVENT and not First to File. Apple may have lost the opportunity to patent the iPod interface, but neither will Microsoft will receive a patent for something that was invent prior to its filing. Microsoft may as well try to file patents on the Web, the automobile, and the PC today, as its iPod patent application is no different in theory. What a load of crock, all because reporters are want to hype on the big Apple vs. Microsoft "story."
Posted by: Paul 16 Aug 2005