Palm Responds to Apple's Veiled Threats

Legal ScalesThe war of words and thinly-veiled half-threats between Apple and Palm has just taken a new twist, with based on new commentary by a Palm spokesperson responding to comments made by Apple's COO Tim Cook earlier this week. The comments, as seen in a new piece on the Wall Street Journal's D| All Things Digital site, have each party possible entrenching themselves for a long and protracted legal battle.

Written by John Packowski on his "Digital Daily" column, today's article is entitled "Palm to Apple: Bring It". The piece contains just enough juicy bits to make to make it abundantly clear who each company is targeting with their respective statements. As seen in our story earlier this week, Tim Cook fired the initial volley a few days ago with several semi-vague statements such as these choice quotes:

"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 … 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."

Packowski then goes on to publish a new statement made by Lynn Fox, a Palm spokesperson, refuting any claims made by Apple:

"Palm has a long history of innovation that is reflected in our products and robust patent portfolio and we have long been recognized for our fundamental patents in the mobile space…if faced with legal action, we are confident that we have the tools necessary to defend ourselves."

Interestingly enough, Fox herself is a former Apple employee who previous headed up the Macintosh PR department. She defected to Palm last year alongside Mike Bell, and is now Palm's VP of Public Relations. So Palm has obviously not decided to back down from the threat of Apple's lawyers over the two days since Cook's initial comments. Of course, given the fact that Palm's new Pre features Apple's former "podfather" John Rubinstein at the helm alongside a cadre of ex-Apple staffers, the company almost certainly realized the threat posed by Apple's deep pockets and various IP holdings and has planned accordingly.

If nothing else, Apple could be attempting merely trying to delay the Pre's release by entangling Palm in legal complications. The Pre has hit the ground running after a warm industry response to Palm's CES preview. Even the specter of legal trouble could succeed diminishing some of the Pre's initial momentum while the 3rd revision of the iPhone is being readied for release. The exact release date of the Pre remains unknown, as Palm and carrier partner Sprint are refusing to be more specific than the "1st half of ‘09" date given at CES earlier this month.

Additionally (but far less likely), Apple could be content to cede some sliver of the iPhone's market share to Palm's Pre and devices running Google's Android while offering the above cautionary words as a warning to any "me too" Asian firm looking to knock off the iPhone's UI and aesthetic.

Palm's stock, which had been trading at over double its previous levels since being buoyed by the strong response to WebOS and the Pre announcements earlier this month at CES, dropped as much as 8% yesterday, possibly due to fears from litigation by Apple, according to this Reuters article and CNBC.

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We will see litigation soon if it is coming

Caspian @ 1/23/2009 10:35:01 AM # Q
With the predictions that the Pre could hit Sprint by late spring, Apple will need to show its hand pretty quickly if it intends to try to block the Pre's release with an injunction alleging patent infringement. Surely this is something that the Palm legal team has anticipated with all the former Apple people working on the project and they have their response in the can and ready to file.

David
Palm III> Palm IIIx> Palm IIIc> Sony T615> Sony T665> Sony TH55> Palm T|E> Palm T|E2> Palm T|X
RE: We will see litigation soon if it is coming
jca666us @ 1/23/2009 2:22:01 PM # Q
one would like to believe so.

apple has enough cash and legal talent to keep palm busy until they run out of elevation cash and close their doors.

RE: We will see litigation soon if it is coming
buckeyetex315 @ 1/23/2009 3:36:41 PM # Q
If it is true that Cypress Semi is supplying the touchscreen, my guess is that they have patents surrounding their technology also.

It is common practice in the electronic components industry for supply contracts to have clauses in them that helps indemnify the purchaser if the technology is challenged by patent infringement lawsuits.

My thought is that Apple may have some patents surrounding particular uses of multi-touch technology, but they didn't "invent" the whole idea. Even if they did, they had to license the technology to some one to manufacture for them. Component manufacturers aren't easily persuaded to produce an expensive component like a touchscreen if they can't sell it to others also.

Palm probably will have significant resources from their supplier (whoever it is) to fight patent lawsuits re: touchscreens.

Brent

Palm Vx -> Long wait -> Palm T|X

RE: We will see litigation soon if it is coming
ChiA @ 1/23/2009 7:39:28 PM # Q
apple has enough cash and legal talent to keep Palm busy

Apple has enough cash to buy Palm outright!!
Goodbye litigation!

It's just a matter of:
a) whether Apple calculates buying Palm as being cheaper than litigation or any perceived losses incurred from Palm infringing its IP.

and

b) whether such a purchase will be regarded as an anti-competitive move by the authorities.

Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. Aaron Levenstein

RE: We will see litigation soon if it is coming
ChiA @ 1/23/2009 7:40:32 PM # Q
apple has enough cash and legal talent to keep Palm busy

Apple has enough cash to buy Palm outright!!
Goodbye litigation!

It's just a matter of:
a) whether Apple calculates buying Palm as being cheaper than litigation or any perceived losses incurred from Palm infringing its IP.

and

b) whether such a purchase will be reagarded as an anti-competitive move by the authorities.

Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. Aaron Levenstein

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/24/2009 4:27:47 AM # Q
> ...Apple has enough cash to buy Palm outright!!...

It's a lot cheaper to sue.

RE: We will see litigation soon if it is coming
Caspian @ 1/24/2009 5:01:52 AM # Q
If Apple chose to buy Palm, I doubt if there would be any anti-trust issues because, as popular as the iPhone is, Apple would still control only a small portion of the total phone market in the US.

If Apple could stop the Pre and, in doing so, kill Palm, through patent infringement litigation, that would be far cheaper than buying Palm, even at Palm's depressed value. If Apple views Palm and the Pre as a threat and would like to put Palm out of business, they will move to delay the Pre as long as possible and force Palm to collapse under its own weight. Then, if they are interested in anything at Palm, they just need to be the highest bidder at the asset liquidation sale.



David
Palm III> Palm IIIx> Palm IIIc> Sony T615> Sony T665> Sony TH55> Palm T|E> Palm T|E2> Palm T|X

RE: We will see litigation soon if it is coming
TooMuch @ 1/24/2009 6:25:45 AM # Q
Apple is thought to have its share of infringements upon Palm and others. Apple never infringed in the development of the iPhone did it? Any litigation from Apple toward Palm will not only be met with a counter suit from Palm but would likely cause other companies that Apple may have infringed upon to bring their own suits toward Apple.

Apple is at a critical venture right now, especially with Steve in the public shadows currently and beyond. Will Apple continue to be the forward-looking company that it has been in recent years, or will Apple turn into defensive, hold-the-fort brand. Apple's been down this road before with other battles. Apple is far better-off continuing to build a forward brand through intentional marketing rather than the stagnant profile that litigation fights can bring.

RE: We will see litigation soon if it is coming
jca666us @ 1/24/2009 6:34:00 AM # Q
For the interested parties - some more of the patents apple was granted:

Multipoint Touchscreen (20060097991)

Gestures for touch sensitive input devices (20060026521)

Visual Expander (20060022955)

Activating virtual keys of a touch-screen virtual keyboard (20060085757)

Virtual input device placement on a touch screen user interface (20060033724)

Proximity detector in handheld device (20060161870)

Electronic Device %u2013 Design Patent (D504,889)

Ellipse Fitting for Multi-Touch Surfaces (20070139395)

MULTI-TOUCH CONTACT TRACKING ALGORITHM (20070081726)

MULTI-TOUCH HAND POSITION OFFSET COMPUTATION (20070078919)

MULTI-TOUCH CONTACT MOTION EXTRACTION (20070070052)

MULTI-TOUCH CONTACT MOTION EXTRACTION (20070070051)

MULTI-TOUCH CONTACT MOTION EXTRACTION (20070070050)

IDENTIFYING CONTACTS ON A TOUCH SURFACE (20060238522)

IDENTIFYING CONTACTS ON A TOUCH SURFACE (20060238521)

USER INTERFACE GESTURES (20060238520)

USER INTERFACE GESTURES (20060238519)

TOUCH SURFACE (20060238518)

CAPACITIVE SENSING ARRANGEMENT (20060232567)

Method of increasing the spatial resolution of touch sensitive devices (20060032680)

RE: We will see litigation soon if it is coming
TooMuch @ 1/24/2009 9:08:41 AM # Q
Listing all those patents won't help the iPhone improve. Apple better concentrate on how to better their UI system on the iPhone. Things like navigating from app to app without having go "Home" first...copy, cut and paste, etc.


RE: We will see litigation soon if it is coming
hkklife @ 1/24/2009 9:10:29 AM # Q
Someone needs to come along and clobber Apple & Palm and bring 'em into the modern age in several key areas. Removable storage, video capture, voice dialing over BT etc. should be laughably standard features by 2009.

Pilot 1000->Pilot 5000->PalmPilot Pro->IIIe->Vx->m505->T|T->T|T2->T|C->T|T3->T|T5->Zodiac 2->TX->Verizon Treo 700P->Verizon Treo 755p->?
RE: We will see litigation soon if it is coming
jca666us @ 1/24/2009 9:14:29 AM # Q
>Listing all those patents won't help the iPhone improve.

No, I listed those patents to show that if Apple believes Palm is infringing upon their patents, they have plenty to sue for.

>Apple better concentrate on how to better their UI system on the iPhone. Things like
>navigating from app to app without having go "Home" first...copy, cut and paste, etc.

Palm should try innovating without ripping off other companies IP.

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/24/2009 10:02:59 AM # Q
I believe Apple when they say they had good reasons not to include copy-n-paste. It's not at all clear to me why anyone would NOT believe them when they say this.


RE: We will see litigation soon if it is coming
mikecane @ 1/24/2009 12:26:10 PM # Q
>>>I believe Apple when they say they had good reasons not to include copy-n-paste. It's not at all clear to me why anyone would NOT believe them when they say this.

OK, you actually made me LOL with that!

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/24/2009 12:52:19 PM # Q
You think they are incapable of adding copy-n-paste!?

RE: We will see litigation soon if it is coming
freakout @ 1/24/2009 1:22:32 PM # Q
You think they are incapable of adding copy-n-paste!?

I think that they're obsessed with fashion over function. All it would take to implement copy-n-paste on the iPhone would be some kind of OS-wide multitouch "function" button. Hold with one finger, select text with the other. Tap the button to bring up a list of traditional edit commands.

But that's not pretty enough for Apple. So users get screwed while Apple dicks around coming up with something that doesn't mar what they obviously consider an untouchable masterpiece. It's symptomatic of Apple as a whole: fashion over function. Which is fine for them, 'cause that's what 90% of their users are concerned with anyway.

http://www.theonion.com/content/video/apple_introduces_revolutionary

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/24/2009 1:47:57 PM # Q
Oh, okay - I'm not familiar enough with Apple mentality to say anything about that.

Aside - I thought "copy-n-paste" was MUCH more than just text manipulation and that IS how I've been using it (forever) w.r.t. the iPhone et al.

RE: We will see litigation soon if it is coming
jca666us @ 1/24/2009 2:10:40 PM # Q
>I think that they're obsessed with fashion over function.

That obsession has proved popular with consumers. I believe Apple has been smart not to take edge cases and waste their development effort.

>All it would take to implement copy-n-paste on the iPhone would be some kind of >OS-wide multitouch "function" button. Hold with one finger, select text with the >other. Tap the button to bring up a list of traditional edit commands.

That sounds clunky - I didn't realize you were an UI designer.

>But that's not pretty enough for Apple.

Replace "pretty" with "poorly thought out" - and I'll agree.

>So users get screwed while Apple dicks around coming up with something that doesn't
>mar what they obviously consider an untouchable masterpiece. It's symptomatic of
>Apple as a whole: fashion over function. Which is fine for them, 'cause that's what >90% of their users are concerned with anyway.

It is what gives them their gargantuan profits - I guess you'd prefer they watered down their design and barely made enough cash to scrape by (Palm).

RE: We will see litigation soon if it is coming
joad @ 1/25/2009 8:00:38 PM # Q
>>I think that they're obsessed with fashion over function.

THAT part of Apple's "intellectual" property is being mimicked by Palm for sure.

Palm "Preh": as in "eh, where's the microSD and Garnet emulator?"

RE: We will see litigation soon if it is coming
mikecane @ 1/26/2009 7:27:46 AM # Q
Copy & paste is more than just frikkin text. From what I have heard, the OS currently has some sort of record size limit - shades of PalmOS!! - and an entire update of the OS is probably needed before they can put in C&P.

Man, I hope there's no damned record size limit in webOS. Hey, you SQLite experts - is there?

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/26/2009 10:40:07 AM # Q
> Copy & paste is more than just frikkin text...

I've always assumed so, too, but maybe not for the Pre?

== "...4. How about MMS (a.k.a. picture mail) support, and cut-and-paste?
==
== Yep, the Pre will indeed handle MMS messages, plus cut-and-paste for text...

- http://tech.yahoo.com/blogs/patterson/33277

RE: We will see litigation soon if it is coming
mikecane @ 1/26/2009 10:44:26 AM # Q
>>>I've always assumed so, too, but maybe not for the Pre?

Who said that? Oh, you.

Next!

RE: We will see litigation soon if it is coming
jca666us @ 1/27/2009 4:43:35 AM # Q
>Copy & paste is more than just frikkin text. From what I have heard, the OS currently
>has some sort of record size limit - shades of PalmOS!! - and an entire update of the
>OS is probably needed before they can put in C&P.

Actually, I believe C&P isn't in there for security reasons - no application currently has access to another application's data.

There has been a 3rd party workaround developed - I believe Apple hasn't implemented it because it's low on their priority list.

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/27/2009 5:13:21 AM # Q
Please note that my "copy-n-paste is only text?" comment EXPLICITLY was addressed at the =Pre=, not the iPhone or anything Apple plans.

RE: We will see litigation soon if it is coming
mikecane @ 1/27/2009 6:36:31 AM # Q
Well WTF are you saying?! C&P is text-only on Pre, or C&P is more than text on the Pre?

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/27/2009 6:38:12 AM # Q
Reading comprehension problem?

Go back up to my post that both quotes the relevant part AND gives a link to the original Me-Too Media article.

Sheesh.

No kidding.

Sheesh.

RE: We will see litigation soon if it is coming
mikecane @ 1/27/2009 11:01:41 AM # Q
ME: Copy & paste is more than just frikkin text...

YOU: I've always assumed so, too, but maybe not for the Pre?

Learn how structure sentences so they are unambiguous. Given your record of sneering "vaporware" at the Pre, who the eff can tell anymore WHAT you mean?

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/27/2009 11:33:30 AM # Q
Oh, I see - you can't scroll up more than two posts.

RE: We will see litigation soon if it is coming
freakout @ 1/27/2009 12:36:22 PM # Q
jca666us:
Actually, I believe C&P isn't in there for security reasons - no application currently has access to another application's data.

Copy and paste doesn't need to access other applications. There is an system-wide clipboard that everything can access. At least that's how it works on every single other operating system on the planet.

There is no "security" reason for the lack of copy-and-paste on iPhone. There are stupid design choices that Apple can't be bothered rectifying.

SV:
I've always assumed so, too, but maybe not for the Pre?

On a mobile device, copy-and-paste of text is what people need. On the desktop you can c&p pretty much anything, sure, from pictures to ranges of cells from a spreadsheet. But on mobile, 99% of people just want a simple to way clip stuff like URL's, phone numbers, names and addresses from one place to another. (It also makes document editing a lot easier.)

Like Mike, I really don't know what you're trying to imply here.

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/27/2009 12:46:22 PM # Q
Pardon - I did not address anything w.r.t. how useful copy-n-paste is nor on what people do with copy-n-paste, only that I was ALWAYS under the assumption that copy-n-paste is "object" copy-n-paste, not "text" copy-n-paste, and that I had always assumed everyone was talking about "object" copy-n-paste always.

Now we find out the Pre can only do "text" copy-n-paste?

And so folks are castigating Apple because they didn't do "object" copy-n-paste (and, obviously, decided against "text" copy-n-paste - maybe because that's not what folks think when they think "copy-n-paste"?).

Didn't I read recently somewhere about how one couldn't do "image" copy-n-paste on the iPhone (like from camera to email or something) so it was totally broken? Yet now here is the Pre and it can't, too (or something)?

W.r.t. applications accessing others' data - good grief, the scenario was spelled out for you and you even QUOTED it!

An application is not allowed to access other application's data; "object" copy-n-paste EXPLICTLY loads "the clipboard" with one application's data, available for any other application to access! Security hole!

Anywho, if one goes back in THIS thread only one can outright see - at face value, please - what I've been saying w.r.t. copy-n-paste.

RE: We will see litigation soon if it is coming
freakout @ 1/27/2009 12:57:03 PM # Q
And so folks are castigating Apple because they didn't do "object" copy-n-paste

No. All people really care about on mobile is text c&p. No "security" issues there.

For pictures, PalmOS shows how easy it is without c&p. Just save the picture and import it wherever you need it. Say if you save a picture from the web, it appears in the Pics & Videos app. If you want to insert that picture into a document or an email, you just pick from your list of saved pictures. Simple.

What other objects do you think are necessary to c&p between applications on mobile?

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/27/2009 1:15:51 PM # Q
Silly silly person - "object" copy-n-paste is a superset of "text" copy-n-paste. As such, when discussing "object" copy-n-paste without further narrowing down what one means, one IS discussing "text" copy-n-paste.

One application copies text to a clipboard, said clipboard available to another application, security hole.

Like it or not.

Now to bring us back to near the top of this posting thread, does anyone REALLY think that Apple cannot program copy-n-paste?

- http://www.palminfocenter.com/comments/7125/#149415

Really?

RE: We will see litigation soon if it is coming
freakout @ 1/27/2009 1:22:13 PM # Q
One application copies text to a clipboard, said clipboard available to another application, security hole.

Doesn't seem to hurt Windows, OS X, Linux, Windows Mobile, Palm OS or Android. Are Apple so incapable of designing secure software they can't do textual copy-and-paste without exposing the inner workings of the OS? (Answer: of course they're not. They just don't want to.)

So since I'm such a silly, silly person, explain to me how clipping plain text creates a security hole...?

RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/27/2009 1:28:33 PM # Q
> So since I'm such a silly, silly person, explain to me how clipping
> plain text creates a security hole...?

"text" is "data".

RE: We will see litigation soon if it is coming
freakout @ 1/27/2009 1:35:12 PM # Q
That's not an explanation, that's schoolboy computer science. Again: how does clipping plain-text (or alphanumeric data, if you insist on being pedantic) create a security hole?
RE: We will see litigation soon if it is coming
SeldomVisitor @ 1/27/2009 1:42:25 PM # Q
Gack.

"Unit set to explode at 13:40 GMT at coordinates Alpha Bravo"

"Mr. Jones' prescription for Viagra has been renewed"

"Your daughter got a C on that math test"

"Mary, my wife does NOT know about that hotel reservation"

Text is data.

Placed by one application, now available to another application, security hole.

RE: We will see litigation soon if it is coming
freakout @ 1/27/2009 1:56:33 PM # Q
That's still not an explanation and you know it. How does this "security hole" work?

Further, if it's such a worriesome thing, why does every other operating system allow it?

oops
jca666us @ 1/27/2009 5:40:38 PM # Q
Any educated guesses (sorry freakout) how this will affect the Pre?

http://www.macrumors.com/2009/01/26/apple-awarded-iphone-and-multi-touch-patent/

RE: We will see litigation soon if it is coming
twrock @ 1/27/2009 5:51:37 PM # Q
Tim, stop already! Why do you even bother with him? He's the Palm anti-fanboy, and it's so colored everything that he says about Palm that there's no use trying to have a conversation with him. It's all BS.


"twrock is infamous around these parts"
(from my profile over at Brighthand due to my negative 62 rep points rating)
RE: We will see litigation soon if it is coming
mikecane @ 1/27/2009 6:00:21 PM # Q
I second twrock. Total /ignore on him.

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