Apple is somewhat struggling to stay out of embarrassments these days. Now it is an Apple patent filing that blatantly copies an an iPhone applications that has been available for more about two years. What is going on in Cupertino?
Image courtesy of FutureTap
A few days ago, a new Apple patent filing created some buzz as the company now seems to be patenting App ideas and some suggested that Apple is out to kill the web browser. In this particular case, Apple has applied for a patent that would protect Apple’s concept how access and use travel services via a portable device. That may be bad enough for app developers, but it appears that Apple has copied the entire start screen from Where To? And copied it into its patent filing that is dated July 29, 2010. The application credits Jeff Maranhas, Carl Stanley and Courtnee Westendorff as inventors.
Page 7 of the image data that is attached to the patent application shows the start screen of the user interface of what Apple has in mind and it appears that it is exactly what Futuretap has come up with in Where To? More than two years ago. What are the chances that both of them had exactly the same idea of geographic shapes, screen layout and text? Interestingly enough, the patent application even shows the name of the actual app on the home screen within the patent application. A sceenshot of the $2.99 app can be found on iTunes.
Image from page 7 of Apple's patent filing
Someone could claim that Apple may have accidentally used the image and simply vectorized a bitmap image using a trace software. Or perhaps Apple may use the image as an example in its patent application? That seems to be rather unlikely, however, as the image is described by Apple as “a schematic view of functions available to a user once at the initial location of a travel service provider in accordance with some embodiments of the invention.” So Apple copies the interface, forgets to remove the name of the actual software and then claims the entire interface including the name of the software as its invention? As far as the application indicates, Apple has also copied, albeit more loosely, the submenus, but the entire structure remains intact.
This case reminds us a lawsuit against Apple that was filed in May 2006. Back then, Creative alleged that Apple has stolen the iPod user interface. That case cost Apple $100 million for the violation of Creative’s patent.
Futuretap has already raised its voice and said that it was surprised to see Apple’s patent filing that uses the Where To interface. In a blog post that is entitled the “patent case we haven’t called” the company says that it was caught on the wrong foot and states that it has no agreement with Apple that would allow the company to use the interface, “We’re faced with a situation where we’ve to fear that our primary business partner is trying to “steal” our idea and design. So how to deal with that? — As some of you know, we’ve always been more than grateful for the platform Apple created. And, in fact, still are. However, we can’t ignore it if the #1 recognition value of our (currently) only app potentially is under fire.”
Founder Ortwin Gentz says that Apple’s patent “doesn’t feel right” and asked readers to recommend a good, affordable patent lawyer. “The perspective of an endless legal battle, however, is not very intriguing for a small company like us that aims to throw all its power into improving existing and developing new apps,” he wrote. “So we definitely hope there’ll be an easy solution. Perhaps it’s just a flaw in the filing that can be fixed easily. If someone from Apple Legal reads these lines, you’re welcome to discuss.”
We doubt that Apple in general would have approved the patent application. But given the blatant copy, it just does not look that great for Apple. It appears to us that someone may get fired. And rightfully so.
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