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Trouble With Apple's Patent Strategy

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Steve Jobs has his name listed on many patents, but there is only one patent that is known as the ‘Steve Jobs Patent’; it is U.S. Patent Number 7,479,949.[/entity]

The patent covers touch screen devices, methods, and graphical user interface for determining commands by applying heuristics.  Apple (AAPL) has a large number of touch screen patents, but this patent has been considered one of the most important in Apple’s litigation strategy.  In a major setback for Apple, the U.S. Patent and Trademark Office (USPTO) has issued a preliminary ruling invalidating this patent.

Here is the abstract of the patent:

A computer-implemented method for use in conjunction with a computing device with a touch screen display comprises: detecting one or more finger contacts with the touch screen display, applying one or more heuristics to the one or more finger contacts to determine a command for the device, and processing the command. The one or more heuristics comprise: a heuristic for determining that the one or more finger contacts correspond to a one-dimensional vertical screen scrolling command, a heuristic for determining that the one or more finger contacts correspond to a two-dimensional screen translation command, and a heuristic for determining that the one or more finger contacts correspond to a command to transition from displaying a respective item in a set of items to displaying a next item in the set of items.

This setback comes right after the October setback in which the USPTO declared all 20 claims of Apple’s rubber band patent, U.S. Patent Number 7,469,381, as invalid. The rubber band patent covers list scrolling and document translation, scaling, and rotation on a touch-screen display.

Here is the abstract of the patent:

In accordance with some embodiments, a computer-implemented method for use in conjunction with a device with a touch screen display is disclosed. In the method, a movement of an object on or near the touch screen display is detected. In response to detecting the movement, an electronic document displayed on the touch screen display is translated in a first direction. If an edge of the electronic document is reached while translating the electronic document in the first direction while the object is still detected on or near the touch screen display, an area beyond the edge of the document is displayed. After the object is no longer detected on or near the touch screen display, the document is translated in a second direction until the area beyond the edge of the document is no longer displayed.

One prong of Apple's strategy against the competition has been patent litigation.  Now this whole strategy is on shaky ground.  According to my method, long-term risks in Apple stock continue to rise.

About Me: I am an engineer and nuclear physicist by background. I founded two Inc. 500 companies, and have been involved in over 50 entrepreneurial ventures. I am the chief investment officer at The Arora Report, which publishes four newsletters to help investors profit from change. Write me: Nigam@TheAroraReport.com.  Follow me here and get email notification when I publish a new article. Subscribers to The Arora Report are long Apple from $131 and have taken partial profits at $360, $525, $629, $568 and $610.