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Late Edition Today, sunshine giving way to clouds, cool, high 60. Tonight, over- cast, a passing shower, chilly, low 47. Tomorrow, cloudy, a little rain, high 60. Weather map, Page C8.

EUROPEANS CONCERNED HITS OBAMA’S RECORD

Road Project, Begun in Advisers Reflect Wide the ’60s, Is a Symbol Differences Among of Misused Aid Republicans

By RACHEL DONADIO By DAVID E. SANGER REGGIO CALABRIA, Italy — WASHINGTON — Mitt Rom- Italy’s A3 highway, begun in the ney is intensifying his efforts to 1960s and still not finished, starts draw a sharp contrast with Presi- outside Naples in the ancient hill dent Obama on national security town of Salerno and ends, rather in the presidential campaign’s unceremoniously, 300 miles far- closing stages, portraying Mr. ther south as a local street in Obama as having mishandled the downtown Reggio Calabria. tumult in the Arab world and Along the way, it frequently having left the nation exposed to narrows to two lanes, with an ob- a terrorist attack in Libya. stacle course of construction In a speech on Monday at the sites that have lingered for dec- Virginia Military Institute, Mr. ades. Perilous, two-lane bridges Romney will declare that “hope span mountain ravines high JORGE SILVA/REUTERS is not a strategy” for dealing with C M YaboveK the sea, while unlit tunnels In Venezuela,Nxxx,2012-10-08,A,001,Bs-4C,E3 a New Term for Chávez the rise of Islamist governments leak in the rain — and occasional- President Hugo Chávez, who faced down his strongest challenge in over a decade, celebrated Sunday night in Caracas. Page A9. in the Middle East or an Iran rac- ly drop concrete and other build- ing toward the capability to build ing materials onto passing cars. a nuclear weapon, according to Nothing embodies the failures excerpts released by his cam- of the Italian state more neatly Late Edition paign. than the highway from Salerno to The Patent, Used as a Sword BidenToday, Upsunshine Next, giving wayThe to essence of Mr. Romney’s Reggio Calabria. Critics see it as clouds, cool, high 60. Tonight,argumentover- is that he would take the rotten fruit of a jobs-for-votes Obama’scast, a passing Aides shower, chilly,the lowUnited States back to an ear- C M Y K Nxxx,2012-10-08,A,001,Bs-4C,E3culture that, nurtured by the or- 47. Tomorrow, cloudy, a littlelier rain, era, one that would result, as ganized crime that is endemic in Tech Giants’ Legal Warfare Takes Toll on Innovation high 60. Weather map, Pagehis young C8. foreign policy director, southern Italy, has systematical- Plot Comeback Alex Wong, told reporters on ly defrauded the state while fail- Sunday, in “the restoration of a VOL. CLXII . . No. 55,918 © 2012 The New YorkBy Times CHARLES DUHIGGNEW YORK, MONDAY, OCTOBER 8, 2012Mr. Phillips could sell his firm to $2.50 ing its citizens, leaving Calabria and STEVE LOHR THE iECONOMY Mr. Ricci or be sued for patent in- strategy that served us well for geographically and economically fringements. WhenLate Mr. Phillips Edition By PETER BAKER 70 years.” When Apple announced last A System in Disarray isolated. refused to sell, Mr. Ricci’s compa- But beyond his critique of Mr. year that all iPhones would come Today, sunshine giving way toand TRIP GABRIEL The highway is also a symbol ny filed the first of six lawsuits. Obama as failing to project Amer- with a voice-activated assistant clouds, cool, high 60. Tonight,WASHINGTONover- — President CORRUPTIONof what some SEEN Northern European Soon after, Apple and Google ROMNEY STRIVESican strength abroad, Mr. Rom- named Siri, capable of answering fore the digital assistant was ab- cast, a passing shower, chilly,Obama’s low campaign is working fe- countries say they fear the most stopped returning phone calls. ney has yet to fill in many of the spoken questions, Michael Phil- sorbed into the iPhone. 47. Tomorrow, cloudy, a littleverishly rain, to restore its momentum about the euro zone: its develop- The company behind Siri details of how he would conduct ment into a welfare system in lips’s heart sank. But in 2008, Mr. Phillips’s com- high 60. Weather map, Pageafter C8. a lackluster debate per- AS STEADY DRAIN switched its partnership from Mr. TO STAND APARTpolicy toward the rest of the which they are expected to sup- pany, Vlingo, had been contacted formance last week, an effort that For three decades, Mr. Phillips Phillips to Mr. Ricci’s firm. And world, or to resolve deep ideolog- port a sluggishC M Y SouthernK Europe, Nxxx,2012-10-08,A,001,Bs-4C,E3by a much larger voice recogni- began with a conference call 10 had focused on writing software the millions of dollars Mr. Phillips ical rifts within the Republican VOL. CLXII . . No. 55,918 © 2012 The New York Timeswhere grants andNEW subsidies YORK, too MONDAY, OCTOBER 8, 2012tion firm called Nuance. “I have minutes$2.50 before the debate even ON ITALY’S SOUTH to allow computers to understand had set aside for research and de- IN GLOBAL POLICYParty and his own foreign policy often vanish in graft that the gov- patents that can prevent you ended and led to new advertise- human speech. In 2006, he had velopment were redirected to team. It is a disparate and po- ernments appear unable — or un- co-founded a voice recognition from practicing in this market,” Late Edition ments, a rewritten stump speech, litely fractious team of advisers lawyerssunshine and court giving way fees. to willing — to prevent. And it helps Nuance’s chief executive, Paul Today, a carefully timed leak and a re- company, and eventually execu- Whenclouds, cool, the high 60.first Tonight, lawsuitover- went to that includes warring tribes of EUROPEANSillustrate CONCERNED how the financing has Ricci, told Mr. Phillips, according cast, a passing shower, chilly, low versal of months-oldHITS OBAMA’Sstrategy. RECORD tives at Apple, Google and else- trial47. Tomorrow, last year,cloudy, a Mr. little rain, Phillips won. neoconservatives, traditional CORRUPTION SEEN yielded relatively little of the pro- where proposed partnerships. to executives involved in that high 60. WeatherROMNEY map, Page C8. STRIVESPerhaps most important as the strong-defense conservatives ductive investment that might In the companies’ only court- president’s team struggles to put Mr. Phillips’s technology was conversation. room face-off, a jury ruled that and a band of self-described “re- Road Project,now be BegunhelpingVOL. CLXII Southern in . . No. 55,918 Europe© 2012 The New York Times NEW YORK, MONDAY, OCTOBER 8, 2012 $2.50 his campaignAdvisers back on track Reflect is a Wide even integrated into Siri itself be- Mr. Ricci issued an ultimatum: Mr. Phillips had not infringed on alists” who believe there are lim- AS STEADY DRAIN the ’60s,as Isit triesa Symbol to climb out of an eco- TO STAND APARTrenewed effort Differences to win the three Amongits to the degree the United nomic ditch. a broad voice recognition patent remaining debates, starting with CORRUPTION SEEN ownedROMNEY by Mr. STRIVES Ricci’s company. States can impose its will. of MisusedIn Italy, Aid misuse of European Thursday’s face-off Republicansbetween Vice Each group is vying to shape ON ITALY’S SOUTH money “did tremendous damage But it was tooIN late. GLOBAL The suit had POLICYPresident Joseph R. Biden Jr. and AS STEADY DRAIN costTO $3 STANDmillion, APART and the financial Mr. Romney’s views, usually because the funds were used bad- Representative Paul D. Ryan. Mr. through policy papers that many By RACHELly and, DONADIO asON some ITALY’S magistrates SOUTH say, damageIN GLOBAL was done. POLICY In December, Biden moved into Bya Delaware DAVID E. SANGER ho- Mr. Phillips agreed to sell his of the advisers wonder if he is REGGIO CALABRIA,they also fed Italy organized — crime,” tel on SundayWASHINGTON for three days — of Mitt Rom- company to Mr. Ricci. “We were reading. Indeed, in a campaign EUROPEANS CONCERNED Italy’s A3 higsaidhway, Sergio begunEUROPEANS Rizzo, in the CONCERNED a co-author of HITS OBAMA’SHITS RECORD OBAMA’S RECORDdebate camp. ney is intensifying his effortsthat to has been so intensely fo- 1960s and stillbest-selling not finished, books starts about political on the brink of changing the Under thedraw tutelage a sharp ofcontrast David with Presi- world before we got stuck in this cused on economic issues, some outside Naplescorruption. in the Roadancient “The Project, hill southern Begun in re- Advisers Reflect Wide Axelrod, thedent president’s Obama on national chief security legal muck,” Mr. Phillips said. of these advisers, in interviews Road Project, Begun in town of Salernogions and don’t ends,the have ’60s, rather Is the a Symbol capacity to DifferencesAdvisers Among Reflect strategist Wide whoin is the personally presidential over- campaign’sover the past two weeks in which Mr. Phillips and Vlingo are unceremoniously,plan, and 300 they milesof Misused fund far- projects Aid with- Republicans seeing the preparations,closing stages, Mr. portraying Bi- most Mr. insisted on anonymity, say ther south as a local street in among the thousands of execu- Obama as having mishandled the the ’60s, Is a Symbol out results. That’s the problem.” Differences Amongden will be counseled on how to they have engaged with him so downtown ReggioAs Calabria.the debateBy RACHEL in DONADIO Europe shifts tives andBy DAVID companies E. SANGER caught in a avoid Mr. Obama’stumult inmistakes the Arab and world and Continued on Page A11 of Misused Aid Along thetoward way, it growth, frequentlyREGGIO CALABRIA, European Italy — offi- softwareWASHINGTON patent — Mitt system Rom-Republicans that fed- even correcthaving them left with the anation more exposed to narrows to two lanes, Italy’swith A3 an hig hway,ob- begun in the ney is intensifying his efforts to a terrorist attack in Libya. cials cite1960s an and still ever not finished, more starts urgent eraldraw judges, a sharp contrast economists, with Presi- policy aggressive prosecution of the Re- stacle course of constructionoutside Naples in the ancient hill dent Obama on national security In a speech on Monday at the need fortown of accountability. Salerno and ends, rather “The makers and technology execu- publican ticket. Mr. Axelrod’s in- sites that have lingered for dec- in the presidential campaign’s By RACHEL DONADIO more thatunceremoniously, E.U. funds 300 miles are far- meant tivesclosing say stages, is so portraying flawedBy Mr. DAVID that it E. often SANGERvolvement highlightsVirginia Military the stakes Institute,A Tech Mr. Welcome for G.O.P. ades. Perilous, two-lanether south bridges as a local street in Obama as having mishandled the Romney will declare that “hope as a kinddowntown of medicineReggio Calabria. cure for stymiestumult in innovation. the Arab world and JORGE SILVA/REUTERSthe Obama campaign places on REGGIO CALABRIA, Italy — span mountain ravinesAlong the high way, it frequently having left the nationWASHINGTON exposed to — Mitt Rom- is not a strategy” for dealingSome with donors in the technology Italy’s A3 highway, begun in the above the sea,growth, while unlitnarrows as antunnels to two exit lanes, strategywith an ob- for Alongsidea terrorist attackney inthe Libya. isimpressive intensifying tech- his effortsthe debate, to and Mr. Biden has industry, which has favored Pres- stacle course of constructionIn Venezuela, a New Term for Chávez In a speech on Monday at the the rise of Islamist governments 1960s and still not finished, starts leak in the raindealing — and withsites occasional- that the have economic lingered for dec- crisis,” J. EMILIO FLORES FOR THE NEW YORK TIMES nologicalVirginia Military advancesdraw Institute, a sharp of Mr. the contrastlast two withbeen Presi- readingin “Youngthe Middle Guns,” East orthe an Iranident rac- Obama, are opening their ades. Perilous, two-lanePresident bridges Hugo Chávez, who faced down his strongest challenge in over a decade, celebratedRomney Sunday will declare thatnight “hope in Caracas. Page A9. outside Naples in the ancient hill ly drop concrete andContinued spanother mountain build- on ravinesPage A3high A display of giant iPhones at the Los Angeles County Fair. JORGE SILVA/REUTERS is notContinued a strategy”dent for dealing onObama Page with A14on national securityContinueding toward on Page the A12 capability towallets build to Mitt Romney. Page B1. above the sea, while unlit tunnels In Venezuela, a New Term for Chávez the rise of Islamist governments town of Salerno and ends, rather ing materials onto passingleak in the cars. rain — and occasional- in the presidential campaign’s a nuclear weapon, according to President Hugo Chávez, who faced down his strongest challenge in over a decade, celebrated Sunday night in Caracas. Page A9. in the Middle East or an Iran rac- Nothing embodies ly the drop failures concrete and other build- ing toward the capability to build excerpts released by his cam- unceremoniously, 300 miles far- ing materials onto passing cars. a nuclear weapon,closing according stages, to portraying Mr. ther south as a local street in of the Italian state moreNothing neatly embodies the failures excerpts releasedObama by his cam-as having mishandled the paign. than the highway fromof Salerno the Italian stateto more neatly paign. Biden Up Next, The essence of Mr. Romney’s downtown Reggio Calabria. than the highway from Salerno to TheThe Patent, Patent, Used as Used a Sword as a SwordBiden Up Next, The essence tumult of Mr. Romney’s in the Arab world and Reggio Calabria.Race, CriticsReggio see Calabria.Firefighting, it as Critics see it as and a Judge Spinning Gaffes Intoargument isGags: that he would take Live From Newargument York, is that he would It’s take Debate Night Along the way, it frequently the rotten fruit of a jobs-for-votes having left the nation exposed to the rotten fruit of a jobs-for-votes Obama’s Aides the United States back to an ear- narrows to two lanes, with an ob- culture that, nurtured by the or- lier era, one thata wouldterroristObama’s result, as attack in Libya. Aides the United States back to an ear- culture that, nurturedganized by thecrime or-that is endemic in Tech Giants’ Legal Warfare Takes Toll on Innovation Afterhis young Mr. foreign Michaels policy director, made a per- lier era, one that would result, as stacle course of construction southern Italy, has systematical- Plot Comeback Alex Wong, told In reporters a speech on on Monday at the ganized crime that is lyendemic defrauded the in state while fail- sonalSunday, appeal in “the restoration to some of a friends at At Home in theTechBy CHARLES RagingGiants’ DUHIGG Legal Storm WarfareMr. Phillips Takes could Bysell his TollBILL firm to CARTER on Innovation his young foreign policy director, sites that have lingered for dec- ing its citizens, leaving Calabria and STEVE LOHR THE iECONOMY Mr. Ricci or be sued for patent in- strategy that servedVirginia us well for Military Institute, Mr. southern Italy, has systematical-geographically and economically the company andPlot let them Comeback look at Alex Wong, told reporters on fringements. When Mr. Phillips By PETER BAKER 70 years.” isolated. When Apple announced last A System in Disarray ades. Perilous, two-lane bridges ly defrauded the state while fail- refusedAll to sell, last Mr. Ricci’s week, compa- Lorneand Michaels, TRIP GABRIEL But beyond hisRomney critique of Mr. will declare that “hope year that all iPhones would come JORGE SILVA/REUTERSthe script, they signed on Friday Sunday, in “the restoration of a The highway is also a symbolBy CHARLES DUHIGG ny filed the first of six lawsuits. Mr. Phillips could sell hisObama firm as failing to to project Amer- span mountain ravines high with a voice-activated assistant WASHINGTON — President is not a strategy” for dealing with ing its citizens, leavingof what Calabria some Northern European Soonthe after, creator Apple and and Google longtime execu- ican strength abroad, Mr. Rom- strategy that served us well for namedand STEVESiri, capable LOHR of answeringBy CHARLESfore the digitalTHE assistant iECONOMY DUHIGG was ab- and STEVE LOHRMr.Obama’s Ricci campaign or be is workingsued fe-fornight. patent Caroll in- Spinney, the only ac- above the sea, while unlit tunnels countries say they fear the mostBy MOSI SECRET stopped returning phone calls. ney has yet to fill in many of the geographically and economically spoken questions, Michael Phil- sorbed into the iPhone. tive producer of “Saturdayverishly to restore Night its momentum the rise of Islamist governments 70 years.” In Venezuela, a New Termabout the eurofor zone: Chávez its develop- The company behind Siri fringements. When tor Mr.details to Phillips playof how he Big would Bird conduct By since PETER 1969, BAKER ment into a welfare system in lips’s heart sank. But in 2008,A SystemMr. Phillips’s in com- Disarray after a lackluster debate per- leak in the rain — and occasional- isolated. When Apple announced last switched its partnership from Mr. policy toward in the the rest Middle of the East or an Iran rac- One afterwhich they another, are expected nearly to sup- 150 sive rulings havepany, Vlingo, forced had been the contacted New Live” was workingrefusedformance the phone last to week,sell, try- an Mr. effort Ricci’s that compa- and TRIP GABRIEL But beyond his critique of Mr. President Hugo Chávez, who faced down hishen strongest AppleFor three challenge decades, announced Mr. Phillips in over last a decade, year that celebrated Phillipsmarket,” to Mr.Sunday Ricci’s firm.N night Anduance’s in Caracas. chief executive, Pagewas A9.world, told or to Paulto resolve get deep Ricci,his ideolog- eight-foot yel- ly drop concrete and other build- The highway is alsoport a a sluggish symbol Southernyear Europe, that all iPhones would comeby a much larger voice recogni- began with a conference call 10 had focused on writing software the millions of dollars Mr. Phillips ical rifts withining the toward Republican the capability to build Obama as failing to project Amer- white firefighterswhere grants and approached subsidies too a York Fire Departmenttion firm called — Nuance. “a “Istub- have ing to nail downny minutes a filed visit before the to first the thedebate of six evenlow-feathered lawsuits. costume ready. with a to voice-activated allow computers to understand assistant had set aside for research and de- Party and his own foreignWASHINGTON policy — President ing materials onto passing cars. of what some Northernoften European vanish in graft that theall gov- iPhones would comepatents with that can a preventvoice- you told Mr. Phillips,ended andaccording led to new advertise- to executivesa nuclear in - weapon, according to ican strength abroad, Mr. Rom- lectern facing a federal judgehuman speech.born In 2006, bastion he had of white male privi- velopmentshow were from redirected either to Soon of this after, year’s Apple andteam. Google It is a disparate and po- ernments appear unable — or un- from practicingfore inthe this market,”digital assistant was ab- ments, a rewritten stump speech, “There’s alwaysObama’s all this campaign swirl,” is working fe- Nothing embodies the failures countries say they fear the most named Siri,co-founded capable a voice of recognition answering lawyers and court fees. litely fractious team of advisers ney has yet to fill in many of the willing — to prevent. And activatedit helps assistant namedNuance’s chief Siri, executive, ca Paul- volved in thatstopped conversation.a carefully timed returning leak and a re- phone calls.excerpts released by his cam- and, voices sometimes tremblingcompany, andlege,” eventually in execu-his words —sorbed to overhaul into the iPhone.Whenpresidential the first lawsuit went candidates. to By late Mr.that Michaels includes warring said,verishly tribes describing of to restore the its momentum about the euro zone: illustrateits Wdevelop- how the financingspoken has questions, Michael Phil-Ricci, told Mr. Phillips, according versal of months-old strategy. of the Italian state more neatly tives at Apple, Google and else- trial last year, Mr. Phillips won.The company behindneoconservatives, Siripaign. traditional details of how he would conduct yieldedpable relativelywith oflittle ofanswering the anger, pro- de- spokenits practices questions, toto executiveshire more But involvedMichael in minor- 2008, in that Mr.Friday, Phillips’sMr. it com- lookedRicci likeissuedPerhaps it wouldn’tmost animportant ultimatum: as thebuild-up to Mr. theafter show,Phil a- “andlackluster then debate per- ment into a welfare system in lips’s heartwhere sank. proposed partnerships. In the companies’ only court- strong-defense conservatives policy toward the rest of the than the highway from Salerno to ductive investment that might Mr. Phillips’s technology was conversation. Bidenswitchedpresident’s Up team its strugglespartnership Next, to put and from a band Mr. of self-describedThe essence “re- of Mr. Romney’s whichThe they are Patent, expectednow be tohelping sup- criedSouthern Used Europewhat they ityas candidates. a Swordpany, Vlingo, hadroom happen,been face-off, contacted a jury at ruled least that his for campaign this back laston track isyou’re a fightingformance to get Big last Bird week, on an effort that Phillips’s heartFor threeeven sank. integrated decades, into Siri Mr. itself Phillipsbe- Mr. Ricci issued an ultimatum: Mr. Phillipslips hadcould not infringed sell on his firm to Mr. Riccialists” who or believe be there sued are lim- world, or to resolve deep ideolog- Reggio Calabria. Critics see it as as it tries to climb out of an eco- Phillipsrenewed effort to Mr.to win Ricci’s the three firm.its to the And degreeargument the United is that he would take port a sluggish Southern Europe,calledhad a perver- focused on writingOne fireman, software Seanby Fitzgerald,a much largera broadweek. voice voice recognition recogni- patent remaining debates, starting withthe phone.” began with a conference call 10 the rotten fruit of a jobs-for-votes nomic ditch. the millions of dollars Mr.States Phillips can impose its will. ical rifts within the Republican In Italy, misuseForsion ofthree European of justice. decades, Mr. Phillips hadtion focused firm called owned Nuance.for by Mr. patent Ricci’s “I company. have infringements. Thursday’s face-off between When Vice Mr. Phillipstheminutes United re- States before back the debate to an ear- even where grants and subsidies too to allow computersbluntly to understand accused the judge of play- But itBut was too Mr.late. The Michaels suitObama’s had still needed AidesPoliticalEach group season is vying to shapeis high-anxiety Party and his own foreign policy culture that, nurtured by the or- money “did tremendous damage hadPresident set asideJoseph R. for Biden research Jr. and Mr. and Romney’s de-lier views, era, usually one that would result, as often vanish in graft thatbecauseon the the writing gov-fundsYears were usedhuman softwarebad- of hard speech. ing to In allow 2006,a “social hecomputers had experiment”patents to thatun and - cancoststar $3fused preventmillion, power. and to the yousell, financialSo he Mr. Representativeput Ricci’s in a callPaul D.company to Ryan. Mr. filed theended first and led to new advertise- damage was done. In December,velopment were redirectedseasonthrough forpolicy to “SNL,”papers that manywhich even in team. It is a disparate and po- ganized crime that is endemic in Techernments Giants’ appear unable Legally and, — as or some Warfareun- magistrates say, Takes Toll on Innovation Biden moved into a Delaware ho- of the advisershis wonder ments,young if he isa foreign rewritten policy stump director, speech, they also fed organizedworkco-founded to crime,” make it a questioned voice recognition derstandwhetherfrom he was human practicing driv- Mr. in Big Phillipsof this sixBird. agreed market,” lawsuits. to sell his tel on Sunday for three days the of age of Jon Stewart and Ste- litely fractious team of advisers southern Italy, has systematical- company to Mr. Ricci. “We werelawyers and court fees. reading. Indeed, in a campaign willing — to prevent. Andsaid Sergio it helps Rizzo,into a co-author company, the of ranks and en eventually by “socioeconomic execu- Nuance’s problems, chief executive, PaulPlotdebate camp.Comebackthat has been Alex so intenselya carefully Wong, fo- timedtold reporters leak and a on re- best-selling books about political on the Mitt brink of Romney changing the hadWhenUnder mentioned the the tutelage first of lawsuit Davidphen went Colbert to is known for its de- that includes warring tribes of ly defrauded the state while fail- speech. In 2006, world before weSoon got stuck after, in this Apple and Googlecused on stopped economic issues,versal somere of- months-old strategy. By CHARLESillustrate DUHIGG how the financingcorruption. “The hasof southern thetives re-depart- at Apple, Google andMr. else- PhillipsRicci, could told Mr.sell Phillips, his firm according to Axelrod, the president’s chief of these advisers,Sunday, in interviews in “the restoration of a neoconservatives, traditional personal ambition or inner guilt.” legalthe muck,” Mr. Sesame Phillips said. Streettrial last character year, Mr. Phillipsfinitive won. parodies of political de- ing its citizens, leaving Calabria gions don’t have the capacity to strategist who is personally over- over the past two weeksPerhaps in which most important as the KARSTEN MORAN FOR THE NEW YORK TIMES yielded relatively little ofTHE the pro- iECONOMY he hadto co-found executives- involvedMr.turning Phillips and in Vlingo thatphone are calls. The company behindstrategy Siri that served us well for and STEVE LOHR plan, and they fundment projectswhere were with- proposed be- The partnerships. remarkableMr. Ricci demonstration or be sued for patentwhile discussingin- hisseeing planned the preparations, cuts Mr. Bi-bates.most insisted That on anonymity,includes say Phil Hart- strong-defense conservatives out results. That’s the problem.” among the thousands of execu-Inden the will be companies’ counseled on how to only court- president’s team struggles to put geographically and economically ductive investment that might Mr. Phillips’s technology was conversation. they have engaged70 years.” with him so He’s no Presidentand a band Obama. of self-described He’s no Mitt“re- Romney. But this bird As Athe Systemdebateing in Europe in Disarray shifts tossed of opposition,edfringements. whicha voice played recog When out - Mr.tives to switched andPhillips financing companies caught forits in aPBSroompartnershipavoidBy on Mr.PETER face-off, Obama’sWednes- mistakesBAKER a from jury andman ruled Mr. as Bill thatPhillips Clinton promotingto his isolated. When Applenow announcedbe helping Southern last Europe software patent system that fed- Continued on Pagehis A11 campaign back on track is a aside to maketoward growth, way Europeanfor evenunqualified offi- integrated into Siri itselfrefused be- to Mr.sell, Ricci Mr. Ricci’sissued ancompa- ultimatum: evenand correct TRIP them GABRIEL with a more But beyond his critiquewas of big Mr. enoughalists” to who serve believe as a there stand-in are lim- on “Weekend Update.” cials cite an ever more urgent over four daysnition in federalcompany, court eralday, Mr. judges, so Ricci’s economists, Mr. Michaels policy firm.Mr.aggressive PhillipshadAnd prosecutionhis the writ- had millions of not the Re- recordinfringed of in dollarson Arkansasrenewed Mr. (“Just effort tothis win the three The highway is also a symbol year that all iPhonesas it tries would to climb come out of an eco- makers and technology execu- its to the degree the United minorityneed candidates, for accountability. they “The said, last week, ny underscored filed the first the of six de- lawsuits.ers create a Big Birda publican broad segment ticket. voice Mr. Axelrod’sfor recognition in- patentObama as failing to project Amer- of what some Northern European with a voice-activatednomic ditch. assistantmore that E.U. funds are meant and eventually tives Phillipssay is so flawed thathad it WASHINGTONoften setvolvement aside highlights for —theresearch stakes PresidentyearA Techwe and Welcomepassed develop remainingfor Mississippi G.O.P. - debates, to be- starting with States can impose its will. all in a questionableas a kind of medicine effort cure for to end gree to which SoonJudge after, Garaufis Apple has andstymies Google innovation. ownedthe Obama by campaign Mr. Ricci’s places oncompany.Some donors ican in the technology strength abroad, Mr.offered Rom- one-word summaries of access to the show’s writers, In Italy, misuse of Europeanfore the digital assistant was ab- Alongsidethe show’s the impressiveObama’s “Weekend tech- campaign Update.” is workingcome fe- 41st in Thursday’s the prevention face-off of between Vice countries say they fear the most named Siri, capable of answeringgrowth, as an exit strategy for the debate, and Mr. Biden has industry, whichney has favored has Pres- yet to fill in many of the Each group is vying to shape discrimination.dealingexecutives with the economic crisis,” at Apple, emergedGoogle and asstopped the elsewhereJ. EMILIO most FLORES returning FOR prominent THE NEW YORKpro TIMES - phonenologicalment advances calls. were of the last redirected two beenBut reading it was “Young to too lawyers Guns,” late. the The suitand had court fees. their campaigns, “lockbox” and stars and rehearsals this week as about the euro zone: its develop- spoken questions,money Michael“did tremendous Phil- sorbeddamage into the iPhone. But executivesverishly at the to restore Children’s its momentumrickets”),ident Obama, Dana are openingPresident Carvey their Joseph as both R. Biden Jr. and Mr. Romney’s views, usually Continued on Page A3 A display ofand giant iPhones provoc at theTheative Los Angeles figure company County in Fair. New behindContinued Siri on Page A14 cost Continued$3 million, on Page and A12 thewallets financial to Mitt Romney.detailsRepresentative Page of B1. how he Paul would D. “strategery.”Ryan. conduct Mr. they prepared their debate ment into a welfare system in lips’s heart sank.because the fundsThe were target usedposed ofBut bad-their in partnerships. 2008, wrath Mr. sat Phillips’s si- Mr. com- Phillips’s technology TelevisionWhen Workshopafter the a first lackluster were lawsuit reluc- debate Georgewent per- toH. W.trial Bush last and Ross Pe- through policy papers that many York City’s switched most contentious its partnership in- from Mr. damage was done. In December,policyBiden toward moved into the a restDelaware of the ho- sketch. Pointing to the more than which they are expected to sup- ly and, as somelently magistrates beforewaspany, them: say, evenVlingo, Judge integrated had Nicho- been contacted into Siri itself before the tantyear, to haveMr.formance theirPhillips beloved last won. week,charac- In an the effortrot, companies’ andthat a 2000 debate only between a Mr. Michaelsof the and advisers NBC, usually wonder if he is For three decades,they also Mr. fed Phillips organized crime,” tegration battlePhillips in decades. to Mr. Ricci’s Crit- firm. And Mr. Phillips agreed to sell hisworld,tel onor Sundayto resolve for deep three ideolog- days of 70 million people who watched port a sluggish Southern Europe, las G. GaraufisRace,by aof Firefighting, much Federal larger District voice and recogni- a Judge Spinning Gaffes Intoter Gags:in anything Livebegan that From with could aNew be conference con- York,pedantic It’s call Debate 10 Al Gore Night and an addled protective aboutreading. the Indeed, process in of a campaign had focused said on writing Sergio Rizzo, software a co-authordigital of assistant was absorbedthe into millions the iPhone. of dollars Mr. courtroomPhillips face-off,company a tojury Mr. ruled Ricci. “Wethat were Mr.ical Phillipsdebate rifts camp. within the Republican where grants and subsidies too Court in Brooklyn,tion firm whose called expan- Nuance. “I haveContinued on Page A21 Afterstrued Mr. Michaels as political mademinutes a per- commentary. before the debateGeorge even W. Bush, in which each putting togetherthat has “SNL,” been allowed so intensely fo-Continued on Page A12 to allow computersbest-selling to understand books about political sonal appeal to some friends at on the brink of changing thePartyUnder and his the own tutelage foreign of policy David At HomeBut in in 2008, the RagingMr. Phillips’s Storm hadcompany, setBy aside BILL CARTER Vlingo, for research had and de-not infringed on a broad voice recognition cused on economic issues, some often vanish in graft that the gov- human speech.corruption. In 2006, “The he had southernpatents re- that can prevent you the company and let themended look atworld and before led to we new got advertise- stuck in thisteam.Axelrod, It is a the disparate president’s and chief po- had been contacted by a muchvelopment largerAll last week, voice Lorne were Michaels, rec redirected- the script,patent they tosigned owned on Friday by Mr. Ricci’s company. of these advisers, in interviews ernments appear unable — or un- from practicing in this market,” the creator and longtime execu- night. Caroll Spinney, thements, only ac- legal a rewritten muck,” Mr. stump Phillips speech, said. strategist who is personally over- co-founded agions voice don’t recognition have the capacity to By MOSI SECRET lawyers and court fees. litely fractious team of advisers over the past two weeks in which willing — to prevent. And it helps plan, and theyINTERNATIONAL fund projectsognitionNuance’s with- A4-9 chieffirm executive,called N uance. PaulNATIONAL “Itive producerhave of “Saturdaypatents Night tor to play BigBut Bird sinceita was carefully 1969,BUSINESS tooMr. late. timed Phillips DAY The leak B1-6 and suit and Vlingo had a re- cost are $3seeing mil the- SPORTSMONDAY preparations, Mr. D1-9 Bi- SPORTSMONDAY company, and eventually execu- One after another, nearly 150 sive rulings have forced the New Live”When was working the firstthe phone lawsuit try- was toldwent to get tohis eight-foot yel- that includes warring tribes of most insisted on anonymity, say illustrate how the financing has out results. That’s the whiteproblem.” firefighters approached a York Fire Department — “a stub- ing to nail down a visit to the low-feathered costume ready.versalamong of months-old the thousands strategy. of execu- den will be counseled on how to tives at Apple, Google and else-lecternthatRicci, facing cantold a federal Mr.prevent judge Phillips,born bastion you according of white from male privi- practicingshow from either ofin this this year’s lion, and the financial damage was done.neoconservatives, In De- traditional they have engaged with him so Libyan Premier Is Voted Out Carwashtrial last Bonanza year, Mr. in Phillips Phoenix“There’s won. always all this swirl,”Tamingtives and Rapid-Fire companies caught Trading in a Yankees Open With a Victory Giants Come Back to Lead East yielded relatively little of the pro- where proposedAs the partnerships. debate in Europeand, voicesto shifts executivessometimes trembling involvedlege,” in his words in — that to overhaul presidential candidates. By late Mr. Michaels said, describingPerhaps the most important as the strong-defenseavoid Mr. Obama’s conservatives mistakes and toward growth,Parliament European dismissed offi-with anger,Prime de- Ministerits practices to hire moreIn minor- Phoenix,InFriday, the it the looked companies’ benefit like it wouldn’t carwash onlybuild-up hascourt- to the show, “andpresident’s thenThesoftware S.E.C., team patentin dangerstruggles system of falling to that put fed-behind,even correctRussell them Mar- with a more Continued on PageBehind A11 by 14 early, the Giants beat ductive investment that might Mr. Phillips’s technology was conversation.cried what they ity candidates. happen, at least for this last you’re fighting to get Big Bird on and a band of self-described “re- now be helping Southern Europe cials cite anMustafa ever more Abu Shagour, urgentcalled raisinga perver- theOne dan- fireman, Sean Fitzgerald,roomweek. face-off, a jury the ruled phone.” that his has campaigneral turned judges, backto a economists,high-frequency on track is policy a tradingaggressivetin, prosecution right, of the Re- Cleveland, 41-27, and vaulted into a tie even integrated into Siri itself be- Mr. Riccision of issued justice. bluntly an accusedultimatum: the judge bloomedof play- But into Mr. Michaels much still more needed thanPolitical just season a is high-anxiety alists” who believe there are lim- need for accountability. “TheYears of hard ing a “social experiment” andMr. Phillips had not infringed on makers and technology execu- publican ticket. Mr. Axelrod’s in- as it tries to climb out of an eco- gers of a political vacuum. PAGE A8 methodstar for power. high So he school put in a call students to season for to “SNL,” raise whichrenewed evenfirm in for effort help toin regulating win the three a volatileits area to the broke degree a 2-2 thetie United for first in the N.F.C. East. PAGE D1 more that E.U. funds are meantwork to make it questioned whether he was driv-a Big broad Bird. voice recognitionthe age patent of Jon Stewart and Ste-tives say is so flawed that it often volvement highlights the stakes A Tech Welcome for G.O.P. nomic ditch. into the ranks en by “socioeconomic problems, Mitt Romney had mentioned phen Colbert is known forremaining its de-of the stock debates, market. starting with PAGEStates B1 can imposewith a home its will. of the depart- personal ambition or innermoney guilt.” the for Sesame their Street organizations character finitive or parodies extra- of political de- stymies innovation. the Obama campaign places on as a kind of medicine cure for owned by Mr. Ricci’s company. KARSTEN MORAN FOR THE NEW YORK TIMES Some donors in the technology In Italy, misuse of European ment were be- The remarkable demonstration Thursday’s face-off between Vice OBITUARIES D10 curricularwhile discussing activities. his planned cuts bates. ThatPAGE includes A13 Phil Hart- He’sAlongside no President the Obama. impressive He’s no Mitt tech-Romney.Each Butthe this debate,bird grouprun andisin the vying Mr. Biden to shape has ARTS C1-7 growth, as an exit strategy foring tossed of opposition, which played out toBut financing it was for PBS too on Wednes-late. Theman assuit Bill Clintonhad promotingPresident his Joseph R. Biden Jr. and industry, which has favored Pres- money “did tremendous damage aside to make way for unqualified Downloadwas big enough toand serve as Print a stand-in a on Gun “Weekend Update.” dealing with the economic crisis,” over four days in federal courtcostday, so$3 Mr. million, MichaelsJ. EMILIO had andhis FLORES writ- the FORrecord financialTHE in NEW Arkansas YORK TIMES (“Just thisnological advances of the last twoMr.been Romney’s readingninth, “Young spark- views, Guns,” usually the ident Obama, are opening their because the funds were used bad- Nguyenminority Chi candidates, Thien, they Poet said, last week, underscored the de- ers create a Big Bird segment for year we passed MississippiRepresentative to be- Paul D. Ryan. Mr. through policy papers that many Duck Callers Lure Viewers Continued on Pageall in A3a questionable effortA todisplay end gree toof which giant Judge iPhones Garaufis hasdamage atthe the show’s Los was “Weekend Angeles done. Update.” In County comeDecember, 41st Fair. in the prevention As of 3-Doffered Continuedprinters one-word summaries evolve on Page of andaccess A14 become to the show’s writers,Continueding the on Yan- Page A12 wallets to Mitt Romney. Page B1. ly and, as some magistrates say, discrimination. emerged as the most prominent Biden movedtheir campaigns, into “lockbox”a Delaware and stars ho- and rehearsals this week as Mr. Thien was a Vietnamese dissident But executives at the Children’s rickets”), Dana Carvey as bothcheaper, people will be able to makeof the adviserskees to wonder a 7-2 if he is A visit with the Robertsons, a rural fam- they also fed organized crime,” The target of their wrath sat si- and provocative figure in NewMr.Television Phillips Workshop agreed were reluc- toGeorge sell H. W. hisBush and telRoss Pe- on “strategery.” Sunday for three daysthey of prepared their debate who did notlently let before a them:lack Judge of writing Nicho- York tools City’s most contentious in- tant to have their beloved charac- rot, and a 2000 debate betweenplastic a Mr. Michaelsfirearms and NBC, in usuallytheir homes.sketch. Pointing Disrup-reading. to the more than Indeed,win over in the a campaign ily with a reality show on A&E. PAGE C1 said Sergio Rizzo, a co-author of las G. Garaufis of Federal District tegration battle in decades. Crit-companyter in anything to that Mr. could beRicci. con- pedantic“We Alwere Gore and andebate addled protectivecamp. about the process of 70 million people who watched stanch hisCourt words. in Brooklyn, He whose was expan- 73. PAGEContinued D10 on Page A21 onstrued the as political brink commentary. of changing George W. Bush, the in which eachtions,putting Nick together Bilton. “SNL,” allowed ContinuedPAGEthat on Page B1 A12 has beenBaltimore so intensely Ori- fo- best-selling books about political Under the tutelage of David cused on economic issues, some world before we got stuck in this Axelrod, the president’s chief oles in Game 1 EDITORIAL, OP-ED A22-23 corruption. “The southern re- Race, Firefighting,INTERNATIONAL A4-9 andNATIONAL a Judge SpinningBUSINESS DAY B1-6 GaffesSPORTSMONDAY Into D1-9 Gags:SPORTSMONDAY Liveof From these advisers, New in interviewsYork, It’s Debate Night gions don’t have the capacity to NATIONAL A13-16 legal muck,” Mr. Phillips said. strategistNEW YORK who is A17-21 personally over- of their Ameri- Libyan Premier Is Voted Out Carwash Bonanza in Phoenix Taming Rapid-Fire Trading Yankees OpenAfter With Mr. a Victory MichaelsGiants made Come a per- Backover to Lead the East past two weeks in which PAGE A23 plan, and they fund projects with- Parliament dismissed Prime Minister In Phoenix, the benefit carwashMr. has PhillipsThe S.E.C., andin danger Vlingo of falling behind, are Russellseeing Mar- the preparations,Behind Mr. by 14 Bi- early, the Giants beat can League di- Bill Keller Mustafa Abu Shagour, raising the dan- bloomed into much more than just a has turned to a high-frequency trading tin, right, sonal appeal to someCleveland, friends 41-27, and at vaultedmost into insisted a tie on anonymity, say out results. That’s the problem.” At HomeA Military in Focus the on Raging Gun Policy Stormamong the thousandsBy BILL CARTER of execu- den Views will be Forged counseled at on Dartmouth how to vision series. Detroit beat Oakland, 5-4, gers of a political vacuum. PAGE A8 method for high school students to raise firm for help in regulating a volatile area broke a 2-2 thetie company and letfor them first in thelook N.F.C. at East.they havePAGE D1 engaged with him so As the debate in Europe shifts With the rise in military suicides, themoney for their organizationstives or extra- and companiesof the stock market. caughtPAGE in B1 a withavoid a homeWendy Mr. Obama’s Long and mistakes Kirsten Gillibrand, and op- for a two-games-to-none lead, and OBITUARIES D10 All last week, Lorne Michaels,run in the the script, they signedARTS on C1-7 Friday curricular activities. softwarePAGE A13 patentDownload system and Print that a Gun fed- Continued on Page A11 toward growth, European offi- Pentagon is examining new policies re- the creator and longtime execu-ninth,even spark-ponents night. correct Caroll in themthe Spinney, New with York the a Senate more only ac- race, Washington began its series with a 3-2 NguyenBy Chi MOSI Thien, SECRET Poet eral judges,As 3-D economists, printers evolve and become policy ingaggressive the Yan- prosecution ofDuck the Callers Re- Lure Viewers U(D54G1D)y+&!?!#!#!? cials cite an ever more urgent garding personalMr. Thien was aweapons. Vietnamese dissident PAGE A13 tivecheaper, producer people will of be able“Saturday to make Nightkees to ahave 7-2tor something to play Big in Birdcommon.A visit since with the 1969, Robertsons,PAGE aA17 rural fam- victory in St. Louis. PAGES D1-3 need for accountability. “The who did not let a lack of writing tools makers Live” andplastic was technologyfirearms working in their homes. the execu- Disrup- phone wintry-publican over the ticket. Mr. Axelrod’sily with a reality in- show on A&E. PAGE C1 One after another, stanch nearly his words. 150 He wassive 73. PAGErulings D10 have forced the New tions, Nick Bilton. PAGE B1 Baltimore Ori-was told to get his eight-foot yel- more that E.U. funds are meant white firefighters approached a York Fire Department — “atives stub- saying is so to flawed nail down that ait visitoften to oles thevolvement in Gamelow-feathered 1 highlights costume theEDITORIAL, stakesready. OP-ED A22-23A Tech Welcome for G.O.P. NATIONAL A13-16 stymies innovation.NEW YORK A17-21 of their Ameri- as a kind of medicine cure for lectern facing a federal judge born bastion of white male privi- show from either of this year’scanthe League Obama di- “There’s campaign always placesallBill this Keller swirl,” on SomePAGE donorsA23 in the technology growth, as an exit strategy for and, voices sometimesA Militarytrembling Focus onlege,” Gun Policy in his words — to overhaulAlongsidepresidentialViews the Forged impressive candidates.at Dartmouth tech- By vision latethe series. debate,Mr. Detroit Michaels beat and Oakland, Mr.said, 5-4, Bidendescribing has the With the rise in military suicides, the Wendy Long and Kirsten Gillibrand, op- for a two-games-to-none lead, and industry, which has favored Pres- dealing with the economic crisis,” withPentagon anger, isJ. examining EMILIO de- FLORES newits policies practices FOR re- THE NEW to YORKhire TIMESmore minor-nologicalFriday, advancesponents in it the looked New of Yorkthe Senate like last race, it two wouldn’tWashingtonbeen build-up reading began its series to“Young with the a 3-2 show, Guns,” “and the then ident Obama, are opening their garding personal weapons. PAGE A13 victory in St. Louis. PAGES D1-3 U(D54G1D)y+&!?!#!#!? Continued on Page A3 A display of giant iPhones atcried the what Los theyAngelesity candidates.County Fair. Continuedhappen,have something on at Page in least common. A14 forPAGE this A17 last Continuedyou’re fighting on Page to get A12 Big Bird onwallets to Mitt Romney. Page B1. called a perver- One fireman, Sean Fitzgerald, week. the phone.” sion of justice. bluntly accused the judge of play- But Mr. Michaels still needed Political season is high-anxiety Years of hard ing a “social experiment” and star power. So he put in a call to season for “SNL,” which even in work to make it questioned whether he was driv- Big Bird. the age of Jon Stewart and Ste- Race, Firefighting, and a Judgeinto theSpinning ranks en by “socioeconomic Gaffes problems, Into Gags:Mitt Romney Live had mentioned Fromphen New Colbert is knownYork, for its It’s de- Debate Night of the depart- personal ambition or inner guilt.” the Sesame Street character finitive parodies of political de- KARSTEN MORAN FOR THE NEW YORK TIMES ment were be- The remarkable demonstration After Mr.while Michaels discussing made his planneda per- cuts bates. That includes Phil Hart- He’s no President Obama. He’s no Mitt Romney. But this bird ing tossed of opposition, which playedsonal out appealto financing to some for friendsPBS on Wednes- at man as Bill Clinton promoting his At Home in the Raging Storm By BILL CARTER was big enough to serve as a stand-in on “Weekend Update.” aside to make way for unqualified over four days in federal the court companyday, so and Mr. let Michaels them look had athis writ- record in Arkansas (“Just this minority candidates, theyAll said, last week,last week, Lorne underscored Michaels, thethe de- script,ers they create signed a Big Birdon Friday segment for year we passed Mississippi to be- all in a questionable effort to end gree to which Judge Garaufis has offered one-word summaries of access to the show’s writers, the creator and longtime execu- night. Carollthe show’sSpinney, “Weekend the only ac- Update.” come 41st in the prevention of By MOSI SECRET discrimination. emerged as the most prominent their campaigns, “lockbox” and stars and rehearsals this week as tive producer of “Saturday Night tor to playBut executivesBig Bird since at the 1969, Children’s rickets”), Dana Carvey as both The target of their wrath sat si- and provocative figure in New “strategery.” they prepared their debate One after another, nearly 150 sive rulings have forced the New Live” was working the phone try- was toldTelevision to get his Workshop eight-foot were yel- reluc- George H. W. Bush and Ross Pe- lently before them: Judge Nicho- York City’s most contentious in- tant to have their beloved charac- rot, and a 2000 debate between a Mr. Michaels and NBC, usually sketch. Pointing to the more than white firefighters approached a York Fire Department — “a stub- ing to nail down a visit to the las G. Garaufis of Federal District tegration battle in decades.low-feathered Crit- ter in anything costume that ready. could be con- pedantic Al Gore and an addled protective about the process of 70 million people who watched lectern facing a federal judge show from either of this year’s born bastion Courtof white in Brooklyn, male privi- whose expan- Continued on Page A21 “There’sstrued always as political all this commentary. swirl,” George W. Bush, in which each putting together “SNL,” allowed Continued on Page A12 and, voices sometimes trembling lege,” in his words — to overhaul presidential candidates. By late Mr. Michaels said, describing the with anger, de- its practices to hire more minor- Friday, it looked like it wouldn’t build-up to the show, “and then cried what they ity candidates.INTERNATIONAL A4-9 happen, at leastNATIONAL for this last you’re fighting to get BigBUSINESS Bird on DAY B1-6 SPORTSMONDAY D1-9 SPORTSMONDAY called a perver- One fireman, Sean Fitzgerald, week. the phone.” sion of justice. bluntly accusedLibyan the judge Premier of play- Is VotedBut Out Mr. MichaelsCarwash still needed BonanzaPolitical in Phoenix season is high-anxietyTaming Rapid-Fire Trading Yankees Open With a Victory Giants Come Back to Lead East Years of hard ing a “socialParliament experiment” dismissed and Primestar Minister power. So heIn put Phoenix, in a call the tobenefitseason carwash for has“SNL,” whichThe evenS.E.C., in in danger of falling behind, Russell Mar- Behind by 14 early, the Giants beat work to make it questioned whetherMustafa heAbu was Shagour, driv- raisingBig Bird.the dan- bloomed into much morethe agethan ofjust Jon a Stewarthas and turned Ste- to a high-frequency trading tin, right, Cleveland, 41-27, and vaulted into a tie into the ranks en by “socioeconomicgers of a political problems, vacuum. MittPAGE Romney A8 hadmethod mentioned for high schoolphen students Colbert to raise is knownfirm for forits help de- in regulating a volatile area broke a 2-2 tie for first in the N.F.C. East. PAGE D1 of the depart- personal ambition or inner guilt.” the Sesame Streetmoney characterfor their organizationsfinitive parodiesor extra- of politicalof the stock de- market. PAGE B1 with a home KARSTEN MORAN FOR THE NEW YORK TIMES ment were be- The remarkable demonstration OBITUARIES D10 while discussing hiscurricular planned activities. cuts bates. ThatPAGE includes A13 Phil Hart- He’s no President Obama.run He’sin the no Mitt Romney. But this birdARTS C1-7 ing tossed of opposition, which played out to financing for PBS on Wednes- man as Bill Clinton promotingDownload his and Print a Gun ninth, spark- aside to make way for unqualified over four daysNguyen in federal Chi Thien, court Poetday, so Mr. Michaels had his writ- record in Arkansas (“JustAs 3-D printers this wasevolve big and enough become to serve asing a the stand-in Yan- on “Weekend Update.” Duck Callers Lure Viewers minority candidates, they said, last week, underscoredMr. Thien was thea Vietnamese de- ers dissident create a Big Bird segment for year we passed Mississippicheaper, to be-people will be able to make kees to a 7-2 A visit with the Robertsons, a rural fam- all in a questionable effort to end gree to whichwho Judge did notGaraufis let a lack has of writingthe show’s tools “Weekend Update.” come 41st in the preventionplastic firearms of offered in their homes. one-word Disrup- summarieswin over of theaccess to the show’s writers,ily with a reality show on A&E. PAGE C1 discrimination. emerged as thestanch most his words. prominent He was But73. executivesPAGE D10 at the Children’s rickets”), Dana Carveytions, as Nick both Bilton.their campaigns,PAGE “lockbox” B1 Baltimore and starsOri- and rehearsals this week as The target of their wrath sat si- and provocative figure in New Television Workshop were reluc- George H. W. Bush and Ross Pe- “strategery.” oles in Gamethey 1 prepared their debateEDITORIAL, OP-ED A22-23 lently before them: Judge Nicho- York City’s mostNATIONAL contentious A13-16 in- tant to have their beloved charac- rot, and a 2000 debateNEW between YORK a A17-21Mr. Michaels and NBC, usuallyof their Ameri-sketch. Pointing to the more than las G. Garaufis of Federal District tegration battle in decades. Crit- ter in anything that could be con- pedantic Al Gore and an addled protective about the processcan League of 70 di- million people who watchedBill Keller PAGE A23 Court in Brooklyn, whose expan- ContinuedA Militaryon Page A21 Focus on struedGun Policy as political commentary. George W. Bush, in whichViews each Forgedputting at Dartmouth together “SNL,” allowedvision series. DetroitContinued beat Oakland, on Page 5-4, A12 With the rise in military suicides, the Wendy Long and Kirsten Gillibrand, op- for a two-games-to-none lead, and Pentagon is examining new policies re- ponents in the New York Senate race, Washington began its series with a 3-2 U(D54G1D)y+&!?!#!#!? INTERNATIONAL A4-9 NATIONALgarding personal weapons. PAGE A13 BUSINESS DAY B1-6 haveSPORTSMONDAY something in common. D1-9 PAGE A17 victorySPORTSMONDAY in St. Louis. PAGES D1-3 Libyan Premier Is Voted Out Carwash Bonanza in Phoenix Taming Rapid-Fire Trading Yankees Open With a Victory Giants Come Back to Lead East Parliament dismissed Prime Minister In Phoenix, the benefit carwash has The S.E.C., in danger of falling behind, Russell Mar- Behind by 14 early, the Giants beat Mustafa Abu Shagour, raising the dan- bloomed into much more than just a has turned to a high-frequency trading tin, right, Cleveland, 41-27, and vaulted into a tie gers of a political vacuum. PAGE A8 method for high school students to raise firm for help in regulating a volatile area broke a 2-2 tie for first in the N.F.C. East. PAGE D1 money for their organizations or extra- of the stock market. PAGE B1 with a home OBITUARIES D10 curricular activities. PAGE A13 run in the ARTS C1-7 Download and Print a Gun ninth, spark- Nguyen Chi Thien, Poet As 3-D printers evolve and become ing the Yan- Duck Callers Lure Viewers Mr. Thien was a Vietnamese dissident cheaper, people will be able to make kees to a 7-2 A visit with the Robertsons, a rural fam- who did not let a lack of writing tools plastic firearms in their homes. Disrup- win over the ily with a reality show on A&E. PAGE C1 stanch his words. He was 73. PAGE D10 tions, Nick Bilton. PAGE B1 Baltimore Ori- oles in Game 1 EDITORIAL, OP-ED A22-23 NATIONAL A13-16 NEW YORK A17-21 of their Ameri- can League di- Bill Keller PAGE A23 A Military Focus on Gun Policy Views Forged at Dartmouth vision series. Detroit beat Oakland, 5-4, With the rise in military suicides, the Wendy Long and Kirsten Gillibrand, op- for a two-games-to-none lead, and Pentagon is examining new policies re- ponents in the New York Senate race, Washington began its series with a 3-2 garding personal weapons. PAGE A13 have something in common. PAGE A17 victory in St. Louis. PAGES D1-3 U(D54G1D)y+&!?!#!#!? Nxxx,2012-10-08,A,014,Bs-4C,E1 C MCYMKY K Nxxx,2012-10-08,A,014,Bs-4C,E1

A14 N THE NEW YORK TIMES NATIONAL MONDAY, OCTOBER 8, 2012 A14 N THE NEW YORK TIMES NATIONAL MONDAY, OCTOBER 8, 2012 FromFrom Models Models to Flowchartsto Flowcharts When the nation’s patent system was born, most inventions were When the nation’sC M patentY K system was born, most inventions wereNxxx,2012-10-08,A,014,Bs-4C,E1 mechanical. Some say the patent system now struggles in a digital world, mechanical. Some say the patent system now struggles in a digital world, where innovations like software are often based on abstract concepts. The where innovations like software are often based on abstract concepts. The patent office initially refused to patent most software, arguing that it was patent office initiallyA14 refusedN to patent most software, arguing that it was THE NEW YORK TIMES NATIONAL MONDAY, OCTOBER 8, 2012 an idea or law of nature, like math. But several court cases changed that an idea or law of nature, like math. But several court cases changed that view, and today software patents are often so broad and vague that view, and today software patents are often so broad and vague that they theoretically give inventors ownership over much more than a they theoreticallyFrom give inventors Models ownership over to much Flowcharts more than a single invention. single invention.When the nation’s patent system was born, most inventions were mechanical. Some say the patent system now struggles in a digital world, where innovations like software are often based on abstract concepts. The patent office initially refused to patent most software, arguing that it was an idea or law of nature, like math. But several court cases changed that view, and today software patents are often so broad and vague that they theoretically give inventors ownership over much more than a single invention.

cember, Mr. Phillips agreed to sell his company as $20 billion was spent on patent litigation and to Mr. Ricci. “We were on the brink of chang- patent purchases in the last two years — an ing the world before we got stuck in this legal amount equal to eight Mars rover missions. muck,” Mr. Phillips said. Last year, for the first time, spending by Apple Mr. Phillips and Vlingo are among the thou- and Google on patent lawsuits and unusually 1794 1895sands of executives and companies1993 caught in big-dollar patent1999 purchases exceeded spending 2011 1794 1895a software patent system that federal1993 judges, on research and development1999 of new products, 2011 COTTON GIN AUTOMOBILE MUTUAL FUND DATA PROCESSING 1-CLICK ONLINE ORDERING SIRI COTTON GIN AUTOMOBILEeconomists, policy makers and technologyMUTUAL FUND exDATA- PROCESSINGaccording to public1-CLICK filings. ONLINE ORDERING SIRI Eli Whitney’s invention, patent x-72, George B. Selden’s patent 549,160 was for Patent 5,193,056 for a computerized Amazon’s patent 5,960,411 for a Apple’s patent 8,086,604 may cover more transformedEli Whitney’s cotton production invention, by patent x-72, a lightweightGeorgeecutives internal B. Selden’s combustion say patent is gasoline so549,160 flawed was forthatstrategy it Patent ofoften managing 5,193,056 stymies mutual for funds a computerized wasPatents “methodare vitallyAmazon’s and system important patent for placing5,960,411 to a protecting for a than theApple’s iPhone’s patent digital 8,086,604 assistant. mayThe patentcover more eliminatingtransformed the time-consuming cotton production process by engine fora lightweightroadinnovation. vehicles. internal While combustion some major gasoline invalidated strategy by a federalof managing court becausemutualintellectual funds it was property.purchase“method order Plenty via and a communications system of creativity for placing occursa could theoreticallythan the iPhone’s give Apple digital ownership assistant. of The patent of separatingeliminating cottonseed the time-consuming from cotton process auto companiesengine for paidAlongside road license vehicles. fees the Whileon this impressive some majorwas atechnological mentalinvalidated process by ora ad federalbusiness- courtwithin method. because the it network”technologypurchase allows shoppers industry,order via to a buycommunications and products without the abilitycould to simultaneously theoretically give search Apple multiple ownership of fibers byof hand. separating cottonseed1794 from cotton patent, othersauto companies such1895 as Henry paid Ford,license refused. fees on this The Courtwas of1993 aAppeals mental reinstatedprocess or it, business opening method. online 1999 withnetwork” a single allows click shoppersand without to buy products2011 databases,the likeability the to Internet simultaneously and hard search drives. multiple fibers by hand. patent,vances others suchof the as Henry last Ford, two refused. decades,the floodgates Thethey Court to argue, patenting of Appeals asoftware reinstatedpatents, and it, opening executivesre-entering online saypayment with they a andsingle could shipping click never and without justify databases, like the Internet and hard drives. COTTON GIN AUTOMOBILE MUTUAL FUND DATA PROCESSING 1-CLICK ONLINE ORDERING SIRI pall has descended: the marketplacemethodsthe of business.floodgates for newto patenting spending software and fortunes information.re-entering on new payment products. and shipping And aca- Eli Whitney’s invention, patent x-72, George B. Selden’s patent 549,160 was for methodsPatent 5,193,056of business. for a computerized Amazon’sinformation. patent 5,960,411 for a Apple’s patent 8,086,604 may cover more Sources: U.S. Patent and Trademarktransformed Office cotton production by ideas a lightweight has been internal corrupted combustion gasoline by softwarestrategy patentsof managing mutualdemics funds was say that“method some and aspects system for of placing the a patent systhan- the iPhone’s digital assistant. TheTHE patentNEW YORK TIMES Sources: U.S. Patenteliminating and Trademark the time-consuming Office process usedengine as destructivefor road vehicles. While weapons. some major invalidated by a federal courttem, because like it protectionspurchase fororder pharmaceuticals, via a communications oftencould theoretically give Apple ownership of THE NEW YORK TIMES of separating cottonseed from cotton auto companies paid license fees on this was a mental process or business method. network” allows shoppers to buy products the ability to simultaneously search multiple fibers by hand. patent,Vlingo others was such a as tiny Henry upstartFord, refused. on thisThe battlefield, Court of Appeals reinstatedfunction it, opening smoothly. online with a single click and without databases, like the Internet and hard drives. but as recent litigation involvingthe Apple floodgates and to patenting softwareHowever, and manyre-entering people payment andargue shipping that the na- Patent Wars SamsungAmong shows, technology Tech giants methodsGiants have of business. also tion’s Hold patent rules,information. Down intended for a mechanical Competition PatentSources: U.S. Patent and Trademark Wars Office Among Tech Giants Hold Down CompetitionTHE NEW YORK TIMES waged wars among themselves. world, are inadequate in today’s digital mar- In the smartphone industry alone, accord- cording to a former executive. “Google From Page A1 ketplace. Unlike patents for new drug formu-was thecording enemy, to the a realformer target,” executive. the ex- “Google From Page A1 was the enemy, the real target,” the ex- decades, they argue, a pall has de- ing to a Stanford University analysis, as much las, patents on software often effectively grant ecutive said. Patent Wars Among Tech Giants Hold Down Competitionecutive said. scended:decades, the marketplace they argue, for new a pall ideas has de- It was one of seven major smart- It was one of seven major smart- has beenscended: corrupted the by marketplace software patents for new ideas phone and patent-related lawsuits Ap- cording tophone a former and executive. patent-related “Google lawsuits Ap- used ashas destructive been corrupted weapons. by softwareFrom Page patents A1 ple has initiated since 2006. The suits was the enemy,ple has the initiatedreal target,” since the ex- 2006. The suits Vlingoused was as a destructive tiny upstart weapons. on this bat- have focused on two large companies, decades, they argue, a pall has de- ecutive said.have focused on two large companies, tlefield, butVlingo as recentwas a litigationtiny upstart involv- on this bat- HTCIt was and one Samsung, of seven bothmajor Google smart- part- scended: the marketplace for new ideas HTC and Samsung, both Google part- ing Appletlefield, and Samsung but as recent shows, litigation technol- involv- phoneners, and which patent-related together account lawsuits for Ap- 39 per- has been corrupted by software patents ners, which together account for 39 per- ogy giantsing Apple have and alsoused Samsung as waged destructive shows, wars weapons. technol- plecent has of initiated American since smartphone 2006. The suits sales. Ap- cent of American smartphone sales. Ap- among ogythemselves. giants haveVlingo also was a waged tiny upstart wars on this bat- haveple focused has also on filed two large countersuits companies, against HTC and ple Samsung, has also both filed Google countersuits part- against In theamong smartphone themselves.tlefield, industry but alone, as recent ac- litigation involv- Nokia, as well as against Motorola Mo- ners, whichNokia, together as accountwell as foragainst 39 per- Motorola Mo- cording toIn a the Stanford smartphoneing University Apple industry and Samsunganaly- alone, shows, ac- technol- bility, which is now owned by Google ogy giants have also waged wars cent of Americanbility, whichsmartphone is now sales. owned Ap- by Google sis, as muchcording as to $20 a billionStanford was University spent on analy- and accounts for 12 percent of sales. among themselves. ple has alsoand filed accounts countersuits for 12 percent against of sales. patent sis, litigation as much and as patent $20 billion purchases was spent on Nokia,In as addition, well as against the company Motorola Mo- has filed In the smartphone industry alone, ac- In addition, the company has filed in the lastpatent two years litigation — an and amount patent equal purchases bility,two whichdeclaratory is now judgment owned by Google actions ask- cording to a Stanford University analy- two declaratory judgment actions ask- to eightin Mars the last rover two missions.sis, years as much — Last an as amount $20year, billion equal was spent on anding accounts the courts for 12 to percent rule on of thesales. provenance ing the courts to rule on the provenance for the firstto eight time, Mars spendingpatent rover by litigationmissions. Apple andand Last patent year, purchases andIn addition, validity the of patents. company Over has filed the same two declaratoryand validity judgment of actionspatents. ask- Over the same Google foron thepatent first lawsuits time,in the spending last and two unusual- years by Apple — an andamount equal period, Apple itself has been sued 135 ing the courtsperiod, to rule Apple on the itself prov enance has been sued 135 ly big-dollarGoogle patent on patent purchasesto eight lawsuits Mars exceeded rover and missions.unusual- Last year, times, mostly by patent trolls interested for the first time, spending by Apple and and validitytimes, of patents. mostly Over by patent the same trolls interested spendingly big-dollar on research patent and purchasesdevelopment exceeded in its deep pockets. Google on patent lawsuits and unusual- period, Applein its itself deep has pockets. been sued 135 of new spendingproducts, onaccording research to and public development fil- times,Apple mostly is notby patent alone. trolls The interested number of pat- ly big-dollar patent purchases exceeded Apple is not alone. The number of pat- ings. of new products, according to public fil- inent its deep lawsuits pockets. filed in United States dis- spending on research and development ent lawsuits filed in United States dis- Patentsings. are vitallyof importantnew products, to according pro- to public fil- trictApple courts is not alone.each yearThe number has almost of pat- tripled trict courts each year has almost tripled tecting intellectualPatents are property.ings. vitally important Plenty of to pro- entin lawsuitsthe last filedtwo indecades United to States 3,260 dis- in 2010, trict courtsin each the yearlast hastwo almost decades tripled to 3,260 in 2010, creativitytecting occurs intellectual withinPatents the property. technology are vitally Plenty important of to pro- the last year for which federal data is in the lastthe two last decades year to for 3,260 which in 2010, federal data is industry,creativity and without occurstecting patents,within intellectual the execu- technology property. Plenty of available. Microsoft has sued Motorola; creativity occurs within the technology the last yearavailable. for which Microsoft federal datahas sued is Motorola; tives sayindustry, they could and never without justify patents, spend- execu- Motorola has sued Apple and Research industry, and without patents, execu- available. MotorolaMicrosoft hashas sued sued Motorola; Apple and Research ing fortunestives sayon newthey products. could never And justify aca- spend- Motorolain Motion; has suedResearch Apple inand Motion Research has sued tives say they could never justify spend- in Motion; Research in Motion has sued demics ingsay fortunes that some on aspects new products. of the pat- And aca- inVisto, Motion; a Research mobile in technology Motion has sued company; ing fortunes on new products. And aca- Visto, a mobile technology company; ent system,demics like say protections thatdemics some say for aspects thatpharma- some of theaspects pat- of the pat- Visto,and in a mobileAugust, technology Google, through company; its Mo- and in August, Google, through its Mo- ceuticals,ent often system, function likeent protections system,smoothly. like protectionsfor pharma- for pharma- andtorola in August, unit, suedGoogle, Apple, through contending its Mo- that torola unit,torola sued Apple,unit, sued contending Apple, that contending that However,ceuticals, many often peopleceuticals, function argue often smoothly. that function the smoothly. Siri had infringed on its patents. (Goo- Siri had infringedSiri had on infringed its patents. on (Goo-its patents. (Goo- nation’s patentHowever, rules, many intendedHowever, people formany argue a me- people that argue the that the gle dropped the suit last week, leaving nation’s patent rules, intended for a me- gle droppedgle the dropped suit last the week, suit leaving last week, leaving chanicalnation’s world, patent are inadequate rules, intended in tofor a me- openopen the the possibility possibility of refiling of refiling at a later at a later chanical world,chanical are inadequateworld, are inadequate in toin to- date.) Allopen of thosethe possibility companies of refilinghave also at a later day’s digital marketplace.day’s digital Unlike marketplace. pat- Unlike pat- date.) All of those companies have also day’s digital marketplace. Unlike pat- beenbeen sued sueddate.) numerous numerous All timesof those times by trolls. companies by trolls. have also ents for new drug formulas,ents for new patents drug formulas,on patents on been sued numerous times by trolls. softwareents often for effectivelynew softwaredrug formulas,grant often owner- effectively patents grant on owner- DANIELDANIEL ROSENBAUM ROSENBAUM FOR FOR THE THE NEW NEW YORK YORK TIMESTIMES PatentsPatents for forsoftware software and someand somekinds kinds DANIEL ROSENBAUM FOR THE NEW YORK TIMES Patents for software and some kinds ship of software concepts, often rathership effectively of than concepts, tangible grant rather owner- than tangible The United States Patent and Trademark Office in Alexandria, Va. The office is known for being under- ofof electronics, electronics, particularly particularly smart- smart- The United States Patent and Trademark Office in Alexandria, Va. The office is known for being under- phones, areof now electronics, so problematic particularly that smart- creations.ship Today, of concepts, thecreations. patent rather office Today, than rou- the tangible patent office rou- The Unitedstaffed States and Patent plagued and by Trademark turnover, and Office employees in Alexandria, concede that Va. some The of officetheir work is known is subjective. for being under- phones, are now so problematic that staffed and plagued by turnover, and employees concede that some of their work is subjective. they contributephones, to a areso-called now patent so problematic tax that tinely appcreations.roves patents Today,tinely the that app patentroves describe patents office rou- that describe staffed and plagued by turnover, and employees concede that some of their work is subjective. they contribute to a so-called patent tax vague algorithms or business methods, that adds theyas much contribute as 20 percent to a toso-called com- patent tax vague algorithmstinely app rovesor business patents methods, that describe that adds as much as 20 percent to com- like a software system for calculating panies’ researchthat adds andas much development as 20 percent to com- like a softwarevague algorithms system foror business calculating methods, costs,panies’ according research to a study and conducted development online prices, without patent examiners panies’ research and development online prices,like a without software patent system examiners for calculating have filed numerous suits of their own, industry’s patent warriors gained mo- “Even if we knew it wouldn’t get ap- lastcosts, year accordingby two Boston to University a study conductedpro- demanding specifics about how those costs, according to a study conducted demandingonline specifics prices,calculations without about howpatent occur those examiners or how have the software filed numerousalso trying suits to of claim their ownership own, ofindustry’s mar- mentum, patent like warriors many gained things within mo- the “Evenproved, if we we knew would it file wouldn’t the application get ap- fessors.last year by two Boston University pro- have filed numerous suits of their own, industry’s patent warriors gained mo- “Even if we knew it wouldn’t get ap- last year by two Boston University pro- calculationsdemanding occur or specificsoperates. how the about software how thosealso trying to claimket-changing ownership technologies. of mar- mentum, company, like many with things a terse within order the from itsproved,anyway,” we thewould former file Apple the lawyer application said fessors.Supporters of suits initiated by Apple also tryingWhile to claim Apple ownershipand other major of mar- compa- mentum,chief executive, like many Steven things P. Jobs. within the in anproved, interview. we “If would nothing file else, the it pre- applicationsay that thefessors. litigation is vital to the com- operates.calculations occurAs a orresult, how some the patents softwareket-changing are so broad technologies. company, with a terse order from its anyway,” the former Apple lawyer said Supporters of suits initiated by Apple ket-changingnies have technologies. sometimes benefited from company, with a terse order from its ventsanyway,” another the company former from Apple trying lawyer to pany’ssaid successSupporters and that of Apple suits is initiated sued by Apple As a result,operates. some patentsthat they are allow so broadpatent holdersWhile to claim Apple and other major compa- chief executive, Steven P. Jobs. in an interview. “If nothing else, it pre- say that the litigation is vital to the com- sweeping ownership of seemingly unre-Whilethis Apple war, and so haveother smaller major partners.compa- In chief executive, Steven P. Jobs. patentin anthe interview.idea.” “If nothing else, it farpre- more oftensay thatthan theit sues, litigation as do all is ma- vital to the com- that they Asallow a result, patent some holders patents to claimare so broadnies have sometimes benefited from A Patent Warrior’s Education vents another company from trying to pany’s success and that Apple is sued lated products built by others. Often,nies have2010, sometimesApple acquired benefited Siri Inc., the from com- Thevents disclosure another session company had from yielded tryingjor totech firms.pany’s success and that Apple is sued sweepingthat ownership they allow of patentseemingly holders unre- to claimthis war, so havepany smaller behind the partners. software In of the same patentmore the thanidea.” a dozen potential patents far“If more we can’t often protect than it our sues, intellectual as do all ma- companies are sued for violatingthis pat- war, so have smaller partners.A In Patent ItWarrior’s was 2006, and Education Apple was preparing patent the idea.” far more often than it sues, as do all ma- lated productssweeping built ownership by others. of seemingly Often, unre-2010, Apple acquiredname. TheSiri Inc.,stock the price com- of Mr. Ricci’s to unveil the first iPhone. Life inside Thewhen disclosure an engineer, session an Apple had veteran, yielded property,jor tech then firms. we won’t spend millions ents they never knew existed or never2010, Apple acquired Siri Inc., the com- A Patent Warrior’s Education The disclosure session had yielded jor tech firms. companieslated are products sueddreamed for built violating might by others. apply pat- to Often, theirpany creations, behind thecompany, software Nuance, of the which same had by It then was 2006,company and headquarters,Apple was preparing former execu-morespoke than up. a“I dozenwould like potential to decline patents to par- creating“If we products can’t likeprotect the iPhone,”our intellectual a pany behind the software of the same more than a dozen potential patents “If we can’t protect our intellectual ents theycompanies never knew areat existed a sued cost for shouldered or violatingnever by pat-consumersname. The in stockbecome price Siri’s of Mr.partner, Ricci’s rose byto more unveil Ittives the was said, first 2006, had iPhone. and become Apple Life a frenzywas inside preparing of pro-whenticipate,” an engineer, he said, according an Apple to veteran,the law- formerproperty, Apple then executive we won’t said, spend noting millions name. Thethan stock 70 percent price as of iPhone Mr. Ricci’s sales sky- yer whenwho was an at engineer, the meeting. an The Apple engi- veteran,that someproperty, of Apple’s then patents, we won’t like the spend millions dreamedents might they apply neverthe to knew formtheir ofcreations,existed higher or prices nevercompany, and fewer Nuance, which had by then companyto gramming headquarters,unveil the sessions first former iPhone. and meetings execu- Life inside be-spoke up. “I would like to decline to par- creating products like the iPhone,” a company,rocketed. Nuance, Some which former had executives by then at tween engineers and executives. And, neerspoke explained up. “I that would he like didn’t to decline believe to“slide par- to unlock”creating feature products on the likeiPhone, the iPhone,” a at a costdreamed shouldered mightchoices. byapply consumers to their creations, in become Siri’s partner, rose by more tives said,company had become headquarters, a frenzy formerof pro- execu-ticipate,” he said, according to the law- former Apple executive said, noting “There’s a real chaos,” said Richardbecome Vlingo, Siri’s Nuance’s partner, old rose rival, by remain more bit- tivesincreasingly, said, had patent become lawyers. a frenzy of pro- companiesticipate,” should he said, be allowedaccording to ownto the tooklaw- yearsformer to perfect. Apple The executive concept said, noting the format a of cost higher shouldered prices and by consumers fewer than in 70 percentter. as iPhone sales sky- gramming sessions and meetings be- yer who was at the meeting. The engi- that some of Apple’s patents, like the A. Posner, a federal appellate judgethan who 70 percent as iPhone sales sky- grammingJust months sessions earlier, and Apple meetings reluctantly be- basicyer software who was concepts. at the meeting. The engi-“might seemthat obvious some of now, Apple’s but that’s patents, like the choices.the form of higher prices and fewerrocketed. Some “We former had spent executives $3 million at to wintween one engineersagreed to and pay executives. $100 million to And, Creativeneer explainedIt is a complaint that heard he didn’tthroughout believe the only“slide after to we unlock” spent millionsfeature figuringon the iPhone, it has helped shape patent law, in anrocketed. in- Some former executives at tween engineers and executives. And, neer explained that he didn’t believe “slide to unlock” feature on the iPhone, “There’schoices. a real chaos,” said Richard Vlingo, Nuance’spatent old trial, rival, and remain had five bit- more increasingly, to go,” Technology, patent lawyers. a Singapore-based compa-companiesindustry. shouldThe increasing be allowed push to to assert own out,”took the yearsexecutive to said. perfect. “Other Thecompa- concept terview. “The standards for grantingVlingo, Nuance’s old rival, remain bit- increasingly, patent lawyers. companies should be allowed to own took years to perfect. The concept A. Posner,“There’s a federal a appellate patents real chaos,” are judge too loose.” said who Richardter. said a former Vlingo executive Just who monthsny. Five earlier, years Applebefore, reluctantly Creative appliedbasicownership software of concepts. broad technologies has led nies“might shouldn’t seem be able obvious to steal now, that with- but that’s ter. spoke on condition of anonymity be- Just months earlier, Apple reluctantly basic software concepts. out compensating“might seem us. That’s obvious why the now, but that’s has helpedA. Posner, shape a patentfederalAlmost law, appellate every in an major judge in- technology who“We hadcom- spent $3 million to win one agreed tofor pay a broad $100 software million patent to Creative for a “port- It tois a a complaint destructive heard arms throughout race, engineers the only after we spent millions figuring it “We hadcause spent he had$3 million signed to confidentiality win one agreedable music to pay playback $100 million device” to that Creative bore say. SomeIt is a pointcomplaint to so-called heard throughout patent patent the systemonly exists.” after we spent millions figuring it terview.has “The helped standards shapepany is patent forinvolved granting law, in ongoing in an patent in- patent trial, bat- and had five more to go,” Technology, a Singapore-based compa- industry. The increasing push to assert out,” the executive said. “Other compa- patent trial,agreements. and had “We five had more the better to go,” prod- Technology,minor similarities a Singapore-based to the iPod, an Apple compa- trolls,industry. companies The that increasing exist solely push to sue to assertBut othersout,” challenge the executive that logic, said. given “Other compa- patentsterview. are too loose.” “Thetles, standards but the most for significant grantingsaid player a former is Vlingo executive who ny. Five years before, Creative applied ownership of broad technologies has led nies shouldn’t be able to steal that with- Apple, industry executives say, becausesaid a uct, former but it Vlingo didn’t matter, executive because who this ny.product Five years that had before, gone onCreative sale the appliedsame overownership patent violations. of broad Others technologies say big hasthe led huge profitsnies shouldn’t the technology be able industry to steal that with- Almostpatents every are major too loose.”technology com- spoke on conditionsystem ofis so anonymity completely broken.” be- for a broad software patent for a “port- to a destructive arms race, engineers out compensating us. That’s why the of its influence and the size of its claims:spoke on condition of anonymity be- foryear. a broad Once software the patent patent was grantedfor a “port- to technologyto a destructive companies arms have race, also ex- engineersenjoys. Appleout collects compensating more than us. $1 bil- That’s why the pany is involvedAlmost everyin ongoing major patent technology bat- com-cause he had Mr. signed Ricci confidentiality declined to be interviewed.able musicCreative, playback it became device” a license that to bore sue. say. ploited Some the point system’s to weaknesses. so-called patent lionpatent a week system in iPhone exists.” and related sales. in August in California, the companycause he had signed confidentiality able music playback device” that bore say. Some point to so-called patent patent system exists.” tles, butpany the is most involved significant in ongoing player patent is bat-agreements. “WeOthers had at theNuance better said prod-they wereminor simply similaritiesApple settled to the three iPod, months an Apple after Cre-trolls,“There companies are hundreds that exist of wayssolely to to write sue “I amBut skeptical others challenge whether patentsthat logic, are given won a $1 billion patent infringementagreements. “We had the better prod- minor similarities to the iPod, an Apple trolls, companies that exist solely to sue But others challenge that logic, given Apple, industrytles, but executives the judgment most significant say, against because Samsung. playeruct, Former is but Ap- it didn’tprotecting matter, their because intellectual this property.product thatative had went gone to court.on sale “Creative the same is veryoverthe patent same violations. computer Others program,” say said big neededthe huge in the profits software the industrytechnology to pro- industry uct, but it didn’t matter, because this product that had gone on sale the same over patent violations. Others say big the huge profits the technology industry of its influenceApple, industry and theple size executives employees of its claims: say, say because seniorsystem executives is so completely“Our responsibility broken.” is to followyear. the Oncefortunate the patent to have was been granted granted this to ear-technologyJames Bessen, companies a legal have expert also at Har- ex- videenjoys. adequate Apple incentives,” collects more Judge than Pos- $1 bil- system islaw,” so completelysaid Lee Patch, broken.” a vice president at year.ly patent,” Once Mr.the Jobs patent said wasin a statement granted to vard.technology And so patent companies applications have often alsoner ex- wrote enjoys.in an e-mail. Apple collects more than $1 bil- in Augustof its in influence California,made and a the deliberate size company of itsdecision claims: overMr. the Ricci last declined to be interviewed. Creative, it became a license to sue. ploited the system’s weaknesses. lion a week in iPhone and related sales. Mr. RicciNuance. declined “That’s to whatbe interviewed. we do. It’s not Creative,announcing it became the settlement a license in 2006. to sue. try ploitedto encompass the system’s every potential weaknesses. aspect One consequencelion a week of allin thisiPhone litigation, and related sales. won a in $1 August billion in patentdecade, California, infringement after Apple the companywas a Othersvictim of at pat- Nuance said they were simply Apple settled three months after Cre- “There are hundreds of ways to write “I am skeptical whether patents are ent attacks, to use patents as leverageOthers atour Nuance fault if said some they people were don’t simply like the ApplePrivately, settled Mr. three Jobs gatheredmonths afterhis sen- Cre- of a new“There technology. are hundreds When such of ways appli- to writepolicy makers“I am and skeptical academics whether say, is patents are judgmentwon against a $1 Samsung. billion patent Former infringement Ap- protecting their intellectual property. ative went to court. “Creative is very the same computer program,” said needed in the software industry to pro- against competitors to the iPhone,protecting the system.” their intellectual property. ativeior wentmanagers. to court. While “Creative Apple had is long very cationsthe are same approved, computer Mr. Bessen program,” said, that said patentneeded disputes in are the suffocating software theindustry to pro- ple employeesjudgment say against senior Samsung. executives Former Ap-“Our responsibilityToday, Nuance is to follow is a giant the in voicefortunate rec- beento have adept been at granted filing patents, this ear- when itJames“the Bessen, borders a are legal fuzzy, expert so it’s at really Har- culturevide adequateof start-ups incentives,”that has long fueled Judge Pos- company’s biggest source of profits. “Our responsibility is to follow the fortunate to have been granted this ear- James Bessen, a legal expert at Har- vide adequate incentives,” Judge Pos- made aple deliberate employees decision say over senior the last executiveslaw,” said Lee Patch,ognition. a vice Apple president is the most at valuablely patent,”came Mr. toJobs the newsaid iPhone, in a statement “we’re going tovard.easy And to accuse so patent others applications of trespassing often on jobner growth wrote andin an technological e-mail. innova- Apple has filed multiple suits againstlaw,” said Lee Patch, a vice president at ly patent,” Mr. Jobs said in a statement vard. And so patent applications often ner wrote in an e-mail. decade,made after aApple deliberate wasthree a decisioncompanies victim of over —pat- HTC, the SamsunglastNuance. and “That’scompany what in we the do. world. It’s And not the announcing iPhone patent the itsettlement all,” he declared, in 2006. according to atry toyour encompass ideas.” every potential aspect tion.One consequence of all this litigation, Nuance. “That’s what we do. It’s not announcing the settlement in 2006. try to encompass every potential aspect One consequence of all this litigation, ent attacks,decade, to after use patents MotorolaApple was as Mobility, leveragea victim now of part pat-our of fault Google if someis wrapped people in don’t thousands like theof patentsPrivately, that former Mr. executiveJobs gathered who, like his other sen- formerof a newThe technology. number of patentWhen applications, such appli- policy“Think makersof the billions and of academics dollars being say, is our faultkeep if somecompanies people in numerous don’t like court the bat- Privately,employees, Mr. requested Jobs gathered anonymity his be- sen- computer-relatedof a new technology. and otherwise, When filed such appli-flushed downpolicy the makers toilet,” said and Ms. academics Hei- say, is againstent competitors attacks, to — to use that the patents today iPhone, are as theresponsible leveragesystem.” for more ior managers. While Apple had long cations are approved, Mr. Bessen said, that patent disputes are suffocating the system.”tles. iorcause managers. of confidentiality While agreements. Apple had long eachcations year at arethe Unitedapproved, States Mrpatent. Bessen of- nen, said, the formerthat patent Apple disputesgeneral counsel, are suffocating the company’sagainst biggest competitors sourcethan half of toprofits.of theall smartphone iPhone, the salesToday, in theNuance is a giant in voice rec- been adept at filing patents, when it “the borders are fuzzy, so it’s really culture of start-ups that has long fueled United States. If Apple’s claimsToday, — Nuance“Apple has is a always giant stoodin voice for rec- innova- been“His adept attitude at filing was that patents, if someone when at it fice“the has increased borders by are more fuzzy, than 50 so per- it’s reallywho left theculture company of start-ups and paid $2.2 that mil- has long fueled Applecompany’s has filed multiplebiggest source suits against of profits. ognition. Apple is the most valuable came to the new iPhone, “we’re going to easy to accuse others of trespassing on job growth and technological innova- which include ownership of minorognition. ele- tion,” Apple the company is the wrote most in valuable a statement cameApple to canthe newdream iPhone, it up, then “we’re we shouldgoing to centeasy over to the accuse last decade others to ofmore trespassing than lion on in connectionjob growth with and a federal technological in- innova- three companiesApple has — filedHTC, multiple Samsung suits and againstcompany in thein world.response And to questions the iPhone from Thepatent New it all,”apply he for declared, a patent, according because even to a if weyour540,000 ideas.” in 2011. Google has received vestigationtion. of stock option backdating. ments like rounded square icons andcompany of in the world. And the iPhone patent it all,” he declared, according to a your ideas.” tion. Motorolathree Mobility, companies now — part HTC, of GoogleSamsung andis wrapped in thousandsYork Times. of “To patents protect that our inventions,former executivenever build who, it, it’s like a defensiveother former tool,” said The2,700 number patents of since patent 2000, applications, according to “When“Think patent of the lawyers billions become of dollars rock being more fundamental smartphone is tech- wrapped in thousands of patents that former executive who, like other former The number of patent applications, “Think of the billions of dollars being — that Motorola today are Mobility, responsiblenologies now — for prevail, part more of it Google willkeep most companies likely we in have numerous patented court many bat-of the newemployees, tech- Nancy requested R. Heinen, anonymity Apple’s general be- coun-computer-relatedthe patent analysis and firm otherwise, M-CAM. Micro- filed stars,flushed it’s a down bad sign the fortoilet,” where said an Ms. in- Hei- keep companies in numerous court bat- employees, requested anonymity be- computer-related and otherwise, filed flushed down the toilet,” said Ms. Hei- than half— of that all todaysmartphoneforce are competitors responsible sales in tothe for overhaul moretles. how they nologies in these groundbreakingcause and of confidentialitysel until 2006. agreements. eachsoft year has at received the United 21,000. States patent of- dustrynen, isthe heading,” former she Apple said, generaladding that counsel, tles. category-defining products. In the rare causeSoon, of confidentiality Apple’s engineers agreements. were asked Ineach the last year decade, at the the United number States of pat- patentshe of- had nonen, issue the with former the lawyers Apple them- general counsel, United than States. half of If all Apple’sdesign smartphone phones, claims industry sales — in experts the“Apple say. has always stood for innova- “His attitude was that if someone at fice has increased by more than 50 per- who left the company and paid $2.2 mil- “Applecases has when always we take stood legal for action innova- over a “Histo participate attitude in wasmonthly that “invention if someone dis- at ent fice applications has increased submitted by more by Apple than 50selves. per- who left the company and paid $2.2 mil- which includeUnited ownership States. HTC, If of Apple’sSamsung, minor ele- claims Motorolation,” — and the others company wrote in a statement Apple can dream it up, then we should cent over the last decade to more than lion in connection with a federal in- tion,” thepatent company dispute, wrote it’s only in a as statement a last resort. Appleclosure can sessions.” dream it One up, day,then a we group should of eachcent year over has risenthe lastalmost decade tenfold. to The more thanThere arelion some in connection indications that with the a federal inments likewhich rounded include square ownership icons and of minor of ele-in response to questions from The New apply for a patent, because even if we 540,000 in 2011. Google has received vestigation of stock option backdating. in response“We to thinkquestions companies from shouldThe New dream applysoftware for aengineers patent, met because with three even pat- if we company540,000 has in won 2011. ownership Google of haspinch- receivedbig companiesvestigation themselves of stockare growing option backdating. more fundamentalments like rounded smartphone square icons tech- andYork of Times. “Toup protect their own our products inventions, rather thannever will- buildent it, lawyers, it’s a defensive according tool,”to a former said Ap-2,700ing patents a screen since to zoom 2000, in, ofaccording using mag- to weary“When of this patent warfare. lawyers become rock York Times. “To protect our inventions, never build it, it’s a defensive tool,” said 2,700 patents since 2000, according to “When patent lawyers become rock nologiesmore — prevail, fundamental it will smartphonemost likely tech-we have patentedfully many copying of theours, new and tech- in AugustNancy a jury R. pleHeinen, patent Apple’s lawyer who general was atcoun- the meet-the patentnets to affixanalysis a cover firm to aM-CAM. tablet computer Micro- stars,In its response it’s a bad to signThe Times, for where Apple an in- The iEconomy we have patented many of the new tech- Nancy R. Heinen, Apple’s general coun- the patent analysis firm M-CAM. Micro- stars, it’s a bad sign for where an in- force competitorsnologies — to prevail, overhaul it how will they most likelynologies in thesein California groundbreaking reached the and same sel conclu- until 2006.ing. soft andhas received of the glass 21,000. staircases in Apple addresseddustry is heading,” “standards-essential” she said, adding pat- that nologies in these groundbreaking and sel until 2006. soft has received 21,000. dustry is heading,” she said, adding that design phones,force competitors industryArticles experts to inoverhaul this say. series how are examining theycategory-definingsion,” products. the statement In the said. rare Soon, Apple’sThe first engineers engineer were discussed asked a piece Instores. the last It hasdecade, received the morenumber than of 4,100 patents,she whichhad no companies issue with are the obligated lawyers to them- design phones,challenges industry posed experts by increasingly say. cases global- whencategory-defining we takeAt a legaltechnology products. action conference over In athe this rareto year,participateSoon,of software in Apple’smonthly that engineers studied“invention users’ were dis- prefer- askedent patents applicationsIn the since last submitted 2000,decade, according the by number Apple to oflicense pat-selves. toshe competitors had no issue at reasonablewith the lawyers them- HTC, Samsung, Motorola and others ences as they browsed the Web. HTC, Samsung,ized high-tech Motorola industries. and otherspatent dispute,cases when Apple’sit’s only we chieftakeas a lastlegal executive, resort. action Timothy overclosure a D. to sessions.” participate One in monthly day, a group “invention of dis-eachM-CAM. yearent has applications risen almost submitted tenfold. The by Applerates,There andselves. wrote are that some it was indications “deeply con- that the Cook, said patent battles had not slowed “That’s a patent,” a lawyer said, And as patent portfolios have ex- cerned by the rampant abuse of stand- ONLINE: A video and interactive“We patent think companiesdispute, it’s shouldonly as dreama last resort.softwareclosure engineers sessions.” met with One three day, pat- a groupcompany of each has year won has ownership risen almost of pinch- tenfold. Thebig companiesThere themselves are some indicationsare growing that the “We thinkinnovation companies at the should company, dream but ac- softwarescribbling engineers notes. met with three pat- panded,company so have has pressures won ownership to use them of pinch-ards-essentialbig companies patents by somethemselves of our are growing graphic show the growthup of theirsoftware own productsknowledged rather that than some will- aspects ent of thelawyers,Another according engineer to a describedformer Ap- a slighting aagainst screen competitors. to zoom in, of using mag- competitors.”weary of this warfare. up their own products rather than will- ent lawyers, according to a former Ap- patents and let you comparefully three copying of ours,battles and had in “kind August of gotten a jury crazy.”ple patentmodification lawyer who to awas popular at the application. meet- nets toIn affixing March a a screencover 2010, Apple to to a zoomtablet sued HTC, in,computer of a usingTai- mag-“Standards-essentialIn itsweary response of this to warfare. Thepatents Times, are Apple The iEconomy ple patent lawyer who was at the meet- The iEconomyApple’s patents to similar pre-existingin Californiafully copying reached“There’s ours, the some and same ofin this conclu-August that is a madden- jurying. “That’s a patent,” the lawyer said. and wanese of nets the smartphoneto glass affix staircasesa cover manufacturer to a intablet Apple that computertechnologiesaddressedIn which “standards-essential” its response these companies to The Times, pat- Apple Articles in this series inventionsare examining from other companies.sion,” thein statement Californiaing,” hesaid. reached said. “It’s the a same waste; conclu- it’s a The time firsting. Another engineer engineer discussed mentioned a piece that hisstores.had and It partnered has of received the with glass Google. more staircases than Apple 4,100 did in Applehaveents, volunteered whichaddressed companies to license “standards-essential” are to anyoneobligated to pat- sion,” thesuck.” statement said. The first engineer discussed a piece challengesArticles posed in by this increasinglynytimes.com/ieconomy series are examining global- At a technology conference this year, of softwareteam that had studied streamlined users’ some prefer- software. patentsnot stores. talk since to HTC It has 2000, before received accordingsuing. more Negotia- than to for 4,100license a reasonable ents, to competitorswhich fee,” companies the statement at reasonable are obligated to At a technologyThe evolution conference of Apple intothis one year, of the of software“That’s another that studied one,” the users’ lawyer prefer-said. tionspatents were not since part of the 2000, strategy, according ac- said, to “but instead of negotiating with ized high-techchallenges industries. posed by increasingly global-Apple’s chief executive, Timothy D. ences as they browsed the Web. M-CAM. rates, andlicense wrote to that competitors it was “deeply at con- reasonable ized high-tech industries. Cook, saidApple’s patent chief battles executive, had not slowed Timothy D.“That’sences a as patent,” they browsed a lawyer the Web. said, And M-CAM. as patent portfolios have ex- cerned rates,by the and rampant wrote thatabuse it was of stand- “deeply con- ONLINE: A video and interactive Cook, said patent battles had not slowedscribbling“That’s notes. a patent,” a lawyer said, And as patent portfolios have ex- cerned by the rampant abuse of stand- ONLINE: A video and interactive innovation at the company, but ac- panded, so have pressures to use them ards-essential patents by some of our graphic show the growth of software knowledgedinnovation that some at the aspects company, of the but ac-Anotherscribbling engineer notes. described a slight againstpanded, competitors. so have pressures to use themcompetitors.”ards-essential patents by some of our graphic show the growth of software patents and let you compare three of battles knowledgedhad “kind of gotten that some crazy.” aspects of modification the Another to a popular engineer application. described a slightIn Marchagainst 2010, competitors. Apple sued HTC, a Tai- “Standards-essentialcompetitors.” patents are patents and let you compare three of Apple’s patents to similar pre-existing “There’sbattles some had of “kind this thatof gotten is madden- crazy.” “That’smodification a patent,” to the a lawyerpopular said. application.wanese smartphoneIn March 2010, manufacturer Apple sued thatHTC, a Tai-technologies“Standards-essential which these companies patents are inventionsApple’s from patents other companies. to similar pre-existinging,” he said.“There’s “It’s some a waste; of this it’s that a timeis madden-Another“That’s engineer a patent,” mentioned the lawyer that his said. had partneredwanese smartphone with Google. manufacturer Apple did thathave volunteeredtechnologies to which license these to anyone companies inventions from other companies. ing,” he said. “It’s a waste; it’s a time Another engineer mentioned that his had partnered with Google. Apple did have volunteered to license to anyone nytimes.com/ieconomy suck.” team had streamlined some software. not talk to HTC before suing. Negotia- for a reasonable fee,” the statement nytimes.com/ieconomy The evolutionsuck.” of Apple into one of the “That’steam another had streamlined one,” the lawyer some said.software. tions werenot talk not part to HTC of the before strategy, suing. ac- Negotia-said, “butfor insteada reasonable of negotiating fee,” the with statement The evolution of Apple into one of the “That’s another one,” the lawyer said. tions were not part of the strategy, ac- said, “but instead of negotiating with ownership of concepts, rather than tangible sales skyrocketed. Some former executives at creations. Today, the patent office routinely ap- Vlingo, Nuance’s old rival, remain bitter. proves patents that describe vague algorithms “We had spent $3 million to win one pat- or business methods, like a software system for ent trial, and had five more to go,” said a for- calculating online prices, without patent exam- mer Vlingo executive who spoke on condition of iners demanding specifics about how those cal- anonymity because he had signed confidential- culations occur or how the software operates. ity agreements. “We had the better product, but As a result, some patents are so broad that it didn’t matter, because this system is so com- they allow patent holders to claim sweeping pletely broken.” ownership of seemingly unrelated products Mr. Ricci declined to be interviewed. Oth- built by others. Often, companies are sued for ers at Nuance said they were simply protecting violating patents they never knew existed or their intellectual property. never dreamed might apply to their creations, “Our responsibility is to follow the law,” said at a cost shouldered by consumers in the form Lee Patch, a vice president at Nuance. “That’s of higher prices and fewer choices. what we do. It’s not our fault if some people “There’s a real chaos,” said Richard A. Pos- don’t like the system.” ner, a federal appellate judge who has helped Today, Nuance is a giant in voice recogni- shape patent law, in an interview. “The stan- tion. Apple is the most valuable company in the dards for granting patents are too loose.” world. And the iPhone is wrapped in thousands Almost every major technology company is of patents that keep companies in numerous involved in ongoing patent battles, but the most court battles. significant player is Apple, industry executives “Apple has always stood for innovation,” say, because of its influence and the size of its the company wrote in a statement in response claims: in August in California, the company to questions from The New York Times. “To won a $1 billion patent infringement judgment protect our inventions, we have patented many against Samsung. Former Apple employees say of the new technologies in these groundbreak- senior executives made a deliberate decision ing and category-defining products. In the rare over the last decade, after Apple was a victim cases when we take legal action over a patent of patent attacks, to use patents as leverage dispute, it’s only as a last resort. against competitors to the iPhone, the compa- “We think companies should dream up ny’s biggest source of profits. their own products rather than willfully copying Apple has filed multiple suits against three ours, and in August a jury in California reached companies — HTC, Samsung and Motorola Mo- the same conclusion,” the statement said. bility, now part of Google — that today are re- At a technology conference this year, Ap- sponsible for more than half of all smartphone ple’s chief executive, Timothy D. Cook, said sales in the United States. If Apple’s claims — patent battles had not slowed innovation at the which include ownership of minor elements like company, but acknowledged that some aspects rounded square icons and of more fundamental of the battles had “kind of gotten crazy.” smartphone technologies — prevail, it will most “There’s some of this that is maddening,” likely force competitors to overhaul how they he said. “It’s a waste; it’s a time suck.” design phones, industry experts say. The evolution of Apple into one of the indus- HTC, Samsung, Motorola and others have try’s patent warriors gained momentum, like filed numerous suits of their own, also trying to many things within the company, with a terse claim ownership of market-changing technolo- order from its chief executive, Steven P. Jobs. gies. While Apple and other major companies A Patent Warrior’s Education have sometimes benefited from this war, so It was 2006, and Apple was preparing to un- have smaller partners. In 2010, Apple acquired veil the first iPhone. Life inside company head- Siri Inc., the company behind the software of the quarters, former executives said, had become a same name. The stock price of Mr. Ricci’s com- frenzy of programming sessions and meetings pany, Nuance, which had by then become Siri’s between engineers and executives. And, in- partner, rose by more than 70 percent as iPhone creasingly, patent lawyers. C M Y K Nxxx,2012-10-08,A,014,Bs-4C,E1

A14 N THE NEW YORK TIMES NATIONAL MONDAY, OCTOBER 8, 2012 From Models to Flowcharts When the nation’s patent system was born, most inventions were mechanical. Some say the patent system now struggles in a digital world, where innovations like software are often based on abstract concepts. The patent office initially refused to patent most software, arguing that it was an idea or law of nature, like math. But several court cases changed that view, and today software patents are often so broad and vague that they theoretically give inventors ownership over much more than a single invention.

C M Y K Nxxx,2012-10-08,A,014,Bs-4C,E1 C M Y K Nxxx,2012-10-08,A,014,Bs-4C,E1 1794 1895 1993 1999 2011

A14 N THE NEW YORK TIMES NATIONAL MONDAY,COTTON OCTOBER GIN 8, 2012A14 AUTOMOBILEN MUTUAL FUND DATA PROCESSINGTHE NEW YORK 1-CLICKTIMES ONLINE NATIONAL ORDERINGMONDAY, OCTOBERSIRI 8, 2012 C M Y K Nxxx,2012-10-08,A,014,Bs-4C,E1Eli Whitney’s invention, patent x-72, George B. Selden’s patent 549,160 was for Patent 5,193,056 for a computerized Amazon’s patent 5,960,411 for a Apple’s patent 8,086,604 may cover more transformed cotton production by a lightweight internal combustion gasoline strategy of managing mutual funds was “method and system for placing a than the iPhone’s digital assistant. The patent eliminating the time-consuming process engine for road vehicles. While some major invalidated by a federal court because it purchase order via a communications could theoretically give Apple ownership of of separating cottonseed from cotton auto companies paid license fees on this was a mental process or business method. network” allows shoppers to buy products the ability to simultaneously search multiple fibers by hand. From patent,Models others such as Henry Ford,to refused. FlowchartsThe Court of Appeals reinstated it, opening online with a single click and without databases, like the Internet and hard drives. From ModelsA14 toN Flowcharts THE NEW YORK TIMES NATIONAL MONDAY, OCTOBER 8, 2012 the floodgates to patenting software and re-entering payment and shipping methods of business. information.

When the nation’s patent system was born, most inventions were Sources: U.S. Patent and TrademarkWhen Office the nation’s patent system was born, most inventions were THE NEW YORK TIMES mechanical. Some say the patent system now struggles in a digital world, mechanical. Some say the patent system now struggles in a digital world, where innovations like softwareFrom are often Models based on abstract toconcepts. Flowcharts The where innovations like software are often based on abstract concepts. The patent office initially refusedWhen to patent the nation’s most patent software, system arguing was born, that most it was inventions were Patentpatent office Wars initially refused Among to patent most software, Tech arguing Giantsthat it was Hold Down Competition an idea or law of nature, likemechanical. math. But Some several say the court patent cases system changed now struggles that in a digital world, an idea or law of nature, like math. But several court cases changed that view, and today software patentswhere innovations are often solike broad software and are vague often basedthat on abstract concepts. The view, and today software patents are often so broad and vague that cording to a former executive. “Google From Page A1 was the enemy, the real target,” the ex- patent office initially refused to patent most software, arguing that it was they theoretically give inventors ownership over much more than a decades, they argue, athey pall theoretically has de- give inventors ownership over much more than a ecutive said. single invention. an idea or law of nature, like math. But several court cases changed that scended: the marketplacesingle for new invention. ideas It was one of seven major smart- view, and today software patents are often so broad and vague that has been corrupted by software patents phone and patent-related lawsuits Ap- ple has initiated since 2006. The suits they theoretically give inventors ownership over much more than a used as destructive weapons. Vlingo was a tiny upstart on this bat- have focused on two large companies, single invention. tlefield, but as recent litigation involv- HTC and Samsung, both Google part- ing Apple and Samsung shows, technol- ners, which together account for 39 per- ogy giants have also waged wars cent of American smartphone sales. Ap- among themselves. ple has also filed countersuits against In the smartphone industry alone, ac- Nokia, as well as against Motorola Mo- cording to a Stanford University analy- bility, which is now owned by Google sis, as much as $20 billion was spent on and accounts for 12 percent of sales. patent litigation and patent purchases In addition, the company has filed in the last two years — an amount equal two declaratory judgment actions ask- to eight Mars rover missions. Last year, ing the courts to rule on the provenance for the first time, spending by Apple and and validity of patents. Over the same Google on patent lawsuits and unusual- period, Apple itself has been sued 135 ly big-dollar patent purchases exceeded times, mostly by patent trolls interested spending on research and development in its deep pockets. of new products, according to public fil- Apple is not alone. The number of pat- ings. ent lawsuits filed in United States dis- Patents are vitally important to pro- trict courts each year has almost tripled tecting intellectual property. Plenty of in the last two decades to 3,260 in 2010, creativity occurs within the technology the last year for which federal data is 1794 1895 1993 industry, and1999 without patents,1794 execu- 20111895 1993 available.1999 Microsoft has sued Motorola; 2011 1794 1895 1993 tives say they could never1999 justify spend- 2011 Motorola has sued Apple and Research COTTON GIN AUTOMOBILE MUTUAL FUND DATA PROCESSING 1-CLICK ONLINE ORDERING SIRI COTTON GIN COTTON GIN AUTOMOBILE AUTOMOBILE MUTUAL FUND DATAMUTUAL PROCESSING FUND DATA ing PROCESSING fortunes 1-CLICKon new products. ONLINE1-CLICK ORDERINGAnd ONLINE aca- ORDERING SIRI SIRI in Motion; Research in Motion has sued Visto, a mobile technology company; Eli Whitney’s invention, patent x-72,Eli Whitney’s invention,George patent B.x-72, Selden’s patentGeorge 549,160 B. Selden’s was for patent 549,160Patent was 5,193,056 for Patentfor a computerized5,193,056 for a demics computerized say thatAmazon’s some aspectspatentAmazon’sEli Whitney’s 5,960,411of the patent pat- invention, 5,960,411 for a patent for a x-72, Apple’sApple’s patent patentGeorge 8,086,604 8,086,604 B. Selden’s may may cover patentcover moremore 549,160 was for Patent 5,193,056 for a computerized Amazon’s patent 5,960,411 for a Apple’s patent 8,086,604 may cover more and in August, Google, through its Mo- transformed cotton production bytransformed cotton productiona lightweight by internal combustiona lightweight gasoline internal combustionstrategy gasoline of managing strategy mutual of managing funds was mutualent system, funds was like“method protections and“methodtransformed system for pharma- and for system placingcotton for production a placing a by than thethan iPhone’sthea iPhone’s lightweight digital digital assistant.internal assistant. combustion The The patent gasoline strategy of managing mutual funds was “method and system for placing a than the iPhone’s digital assistant. The patent torola unit, sued Apple, contending that eliminating the time-consuming process engine for road vehicles. While some major invalidated by a federalceuticals, court because often it function smoothly.purchaseeliminating order the via time-consuming a communications process could theoreticallyengine for give road Apple vehicles. ownership While of some major invalidated by a federal court because it purchase order via a communications could theoretically give Apple ownership of eliminating the time-consuming process engine for road vehicles. While some major invalidated by a federal court because it purchase order via a communications could theoretically give Apple ownership of Siri had infringed on its patents. (Goo- of separating cottonseed from cotton auto companies paid license fees on this was a mental process or However,business method. many peoplenetwork” argue thatallows the shoppers to buy products the ability to simultaneously search multiple of separating cottonseed from cotton auto companies paid license fees on this was a mental process or business method. network” allowsof separating shoppers cottonseedto buy products from cotton the ability toauto simultaneously companies searchpaid license multiple fees on this was a mental process or business method. glenetwork” dropped allows the shopperssuit last week,to buy leaving products the ability to simultaneously search multiple fibers by hand. patent, others such as Henry Ford, refused. The Court of Appeals reinstatednation’s patentit, opening rules, intendedonlinefibers withby for hand.a singleme- click and without databases,patent, like the others Internet such and as hard Henry drives. Ford, refused. The Court of Appeals reinstated it, opening online with a single click and without databases, like the Internet and hard drives. fibers by hand. patent, others such as Henry Ford, refused. The Court of Appeals reinstated it, openingchanical world,online are with inadequate a single click in to-and without databases, like the Internet and hard drives. open the possibility of refiling at a later the floodgates to patenting software and re-entering payment and shipping the floodgates to patenting software and re-entering payment and shipping the floodgates to patentingmethods of software business. andday’s digitalre-entering marketplace. information.payment Unlike and pat- shipping date.) All of those companies have also methods of business. information. methods of business. beeninformation. sued numerous times by trolls. Sources: U.S. Patent and Trademark Office ents for new drug formulas, patents on THE NEW YORK TIMES DANIEL ROSENBAUM FOR THE NEW YORK TIMES Patents for software and some kinds Sources: U.S. Patent and Trademark Office software often effectivelySources: grant U.S.owner- Patent and Trademark Office THE NEW YORK TIMES THE NEW YORK TIMES ship of concepts, rather than tangible The United States Patent and Trademark Office in Alexandria, Va. The office is known for being under- of electronics, particularly smart- creations. Today, the patent office rou- staffed and plagued by turnover, and employees concede that some of their work is subjective. phones, are now so problematic that tinely approves patents that describe they contribute to a so-called patent tax Patent Wars Among Tech Giantsvague algorithms Hold or business methods, Down Competition that adds as much as 20 percent to com- like a software system for calculatingPatent Wars Among Tech Giants Holdpanies’ researchDown and development Competition Patent Wars Among Tech Giants Hold Down Competition costs, according to a study conducted online prices, without patent examiners cording to a former executive. “Google From Page A1 demanding specifics about how those have filed numerous suits of their own, industry’s patent warriors gained mo- “Even if we knew it wouldn’t get ap- last year by two Boston University pro- also trying to claim ownershipwas the ofenemy, mar- thementum, real target,” like the many ex- things within the proved, we would file the application fessors. calculations occur or how the software cordingecutive to asaid. former executive. “Google cording to a former executive. “Google decades, they argue, a pall has de- operates. ket-changing technologies. company, with a terse order from its anyway,” the former Apple lawyer said Supporters of suits initiated by Apple From Page A1 From Page A1 It was one of seven major smart- was the enemy, the real target,” the ex- scended: the marketplace for new ideas As a result, some patents are so broad While Apple andwas other the major enemy, compa- the realchief target,” executive, the Steven ex- P. Jobs. in an interview. “If nothing else, it pre- say that the litigation is vital to the com- has been corrupted by software patents decades, they argue,nies have a pall sometimes hasecutive de-phone benefited said. and from patent-related lawsuits Ap- vents another company from trying to pany’s success and that Apple is sued ecutive said. decades, they argue, a pall has de- that they allow patent holders to claim ple has initiated since 2006. The suits scended: the marketplace forused new as destructiveideas weapons. sweeping ownership of seeminglyscended: unre- the marketplacethis war, so for have new smaller ideasIt was partners. one of In seven major smart- patent the idea.” far more often than it sues, as do all ma- It was one of seven major smart- Vlingo was a tiny upstart on this bat- 2010, Apple acquired Sirihave Inc., focused the com- on twoA Patent large companies, Warrior’s Education The disclosure session had yielded jor tech firms. phone and patent-related lawsuits Ap- has been corrupted by software patents lated products built byhas others. been Often, corrupted by software patentsphoneHTC and and patent-related Samsung, both lawsuits Google part- Ap- tlefield, but as recent litigation involv- companies are sued for violating pat- pany behind the software of the same It was 2006, and Apple was preparing more than a dozen potential patents “If we can’t protect our intellectual ple has initiated since 2006. The suits used as destructive weapons.ing Apple and Samsung shows, technol- used as destructive weapons. ple hasners, initiated which together since account 2006. Thefor 39 suitsper- ents they never knew existed or never name. The stock price of Mr. Ricci’s to unveil the first iPhone. Life inside when an engineer, an Apple veteran, property, then we won’t spend millions have focused on two large companies, Vlingo was a tiny upstartogy on this giants bat- have also waged wars Vlingo was a tinycompany, upstart Nuance, on this have which bat-cent focused had of American by thenon two smartphone large companies, sales. Ap- spoke up. “I would like to decline to par- creating products like the iPhone,” a dreamed might apply to their creations, company headquarters, former execu- HTC and Samsung, both Google part- tlefield, but as recent litigationamong involv-themselves. tlefield, but as recentbecome litigation Siri’s partner, involv-HTC ple rose and has by Samsung, also more filed countersuitstives both said, Google had against become part- a frenzy of pro- ticipate,” he said, according to the law- former Apple executive said, noting at a cost shouldered by consumers in Nokia, as well as against Motorola Mo- ners, which together account for 39 per- ing Apple and Samsung shows,In thetechnol- smartphone industry alone, ac- the form of higher pricesing Apple and fewer and Samsungthan 70 percentshows, technol- asners, iPhone which sales together sky- accountgramming for sessions 39 per- and meetings be- yer who was at the meeting. The engi- that some of Apple’s patents, like the cording to a Stanford University analy- ogy giants haverocketed. also Some waged former cent wars bility, of executives American which isat smartphone nowtween owned engineers bysales. Google Ap- and executives. And, neer explained that he didn’t believe “slide to unlock” feature on the iPhone, cent of American smartphone sales. Ap- ogy giants have also waged wars choices. and accounts for 12 percent of sales. among themselves. sis, as much as $20 billion was spent on “There’s a real chaos,”among said Richard themselves.Vlingo, Nuance’s oldple rival, has remain also filed bit- countersuitsincreasingly, againstpatent lawyers. companies should be allowed to own took years to perfect. The concept ple has also filed countersuits against patent litigation and patent purchases ter. In addition, the companyJust months has earlier, filed Apple reluctantly basic software concepts. “might seem obvious now, but that’s Nokia, as well as against Motorola Mo- In the smartphone industry alone, ac- A. Posner, a federal appellateIn judgethe smartphone who industry alone,Nokia, ac-two as declaratory well as against judgment Motorola actions ask-Mo- in the last two years — an amount equal has helped shape patent law, in an in- “We had spent $3 million to win one agreed to pay $100 million to Creative It is a complaint heard throughout the only after we spent millions figuring it bility, which is now owned by Google cording to a Stanford Universityto eight analy- Mars rover missions. Last year, cording to a Stanford University bility,analy-ing which the courts is now to rule owned on the p byrov Googleenance terview. “The standards for granting patent trial, and had five more to go,” Technology, a Singapore-based compa- industry. The increasing push to assert out,” the executive said. “Other compa- and accounts for 12 percent of sales. sis, as much as $20 billion wasfor the spent first time,on spending by Apple and sis, as much as $20said billion a former was Vlingospentand accountsonand executive validity for who of 12 patents. percentny. Five Over of years sales. the samebefore, Creative applied ownership of broad technologies has led nies shouldn’t be able to steal that with- patents are too loose.” In period, addition, Apple the itself company has been has sued filed 135 In addition, the company has filed patent litigation and patentGoogle purchases on patent lawsuits and unusual- Almost every major technologypatent litigation com- spoke and patent on condition purchases of anonymity be- for a broad software patent for a “port- to a destructive arms race, engineers out compensating us. That’s why the ly big-dollar patent purchases exceeded in the last two yearscause — hean amount had signedtwo equal times, declaratory confidentiality mostly by judgment patentable trolls music actions interested playback ask- device” that bore say. Some point to so-called patent patent system exists.” two declaratory judgment actions ask- in the last two years — an amount equal pany is involved in ongoing patent bat- in its deep pockets. to eight Mars rover missions.spending Last year, on research and development tles, but the most significantto eight player Mars is roveragreements. missions. “We Last hading year, the bettercourts prod- to rule minoron the similarities provenance to the iPod, an Apple trolls, companies that exist solely to sue But others challenge that logic, given ing the courts to rule on the provenance of new products, according to public fil- Apple is not alone. The number of pat- for the first time, spending by Apple and Apple, industry executivesfor say, the because first time,uct, spending but it didn’tby Apple matter,and and validity because of this patents.product Over that the had same gone on sale the same over patent violations. Others say big the huge profits the technology industry and validity of patents. Over the same ings. system is so completely broken.”ent lawsuits filed inyear. United Once States the patent dis- was granted to technology companies have also ex- enjoys. Apple collects more than $1 bil- Google on patent lawsuits and unusual- of its influence and the sizeGoogle of its claims: on patent lawsuits and unusual-period,trict Apple courts each itself year has has been almost sued tripled 135 period, Apple itself has been sued 135 Patents are vitally important to pro- in August in California, the company Mr. Ricci declined to be interviewed. Creative, it became a license to sue. ploited the system’s weaknesses. lion a week in iPhone and related sales. times, mostly by patent trolls interested ly big-dollar patent purchasestecting exceeded intellectual property. Plenty of ly big-dollar patentOthers purchases at Nuance exceeded saidtimes, theyin mostlythe were last simply bytwo patent decades trolls to 3,260 interested in 2010, won a $1 billion patent infringement Apple settled three months after Cre- “There are hundreds of ways to write “I am skeptical whether patents are in its deep pockets. spending on research and developmentcreativity occurs within the technology spending on researchprotecting and their development intellectualin itsthe deep property. last pockets. year for whichative federal went to data court. is “Creative is very the same computer program,” said needed in the software industry to pro- judgment against Samsung. Former Ap- available. Microsoft has sued Motorola; Apple is not alone. The number of pat- of new products, accordingindustry, to public and fil- without patents, execu- ple employees say seniorof new executives products, according“Our responsibility to publicApple isfil- to is follow not alone. the Thefortunate number to have of pat- been granted this ear- James Bessen, a legal expert at Har- vide adequate incentives,” Judge Pos- tives say they could never justify spend- ings. law,” said Lee Patch,ent a vice lawsuitsMotorola president has filed atsued in lyApple United patent,” and States Research Mr. Jobs dis- said in a statement vard. And so patent applications often ner wrote in an e-mail. ent lawsuits filed in United States dis- ings. made a deliberate decision over the last in Motion; Research in Motion has sued Patents are vitally importanting fortunes to pro- on new products. And aca- decade, after Apple was a victimPatents of pat- are vitallyNuance. important “That’s what totrict pro- wecourts do. It’seach not year announcinghas almost the tripled settlement in 2006. try to encompass every potential aspect One consequence of all this litigation, trict courts each year has almost tripled demics say that some aspects of the pat- our fault if some peopleVisto, don’t a like mobile the technologyPrivately, company; Mr. Jobs gathered his sen- of a new technology. When such appli- policy makers and academics say, is in the last two decades to 3,260 in 2010, tecting intellectual property. Plenty of ent attacks, to use patentstecting as leverage intellectual property. Plentyin the and of last in August,two decades Google, to through 3,260 inits 2010,Mo- ent system, like protections for pharma- against competitors to the iPhone, the system.” the last year for whichior federalmanagers. data While is Apple had long cations are approved, Mr. Bessen said, that patent disputes are suffocating the the last year for which federal data is creativity occurs within theceuticals, technology often function smoothly. creativity occurs withinToday, Nuancethe technology is a gianttorola in voiceunit, suedrec- Apple,been contending adept at filing that patents, when it “the borders are fuzzy, so it’s really culture of start-ups that has long fueled company’s biggest sourceindustry, of profits. and without patents, available. execu-Siri had Microsoft infringed hason its sued patents. Motorola; (Goo- available. Microsoft has sued Motorola; industry, and without patents,However, execu- many people argue that the Apple has filed multiple suits against ognition. Apple is the most valuable came to the new iPhone, “we’re going to easy to accuse others of trespassing on job growth and technological innova- tives say they could never justifynation’s spend- patent rules, intended for a me- tives say they couldcompany never in justify the world. spend-Motorola Andgle dropped the has iPhone sued the suitApplepatent last and week,it all,” Research leavinghe declared, according to a your ideas.” tion. Motorola has sued Apple and Research three companies — HTC, Samsung and open the possibility of refiling at a later in Motion; Research in Motion has sued ing fortunes on new products.chanical And world,aca- are inadequate in to- Motorola Mobility, now ing part fortunes of Google on newis wrapped products. in thousands Andin Motion;aca- of patents Research that informer Motion executive has sued who, like other former The number of patent applications, “Think of the billions of dollars being day’s digital marketplace. Unlike pat- keep companies in Visto,numerousdate.) a mobilecourtAll of bat- those technology companiesemployees, company; have requested also anonymity be- computer-related and otherwise, filed flushed down the toilet,” said Ms. Hei- Visto, a mobile technology company; demics say that some aspects of the pat- — that today are responsibledemics for say more that some aspects of the pat-been sued numerous times by trolls. ent system, like protectionsents for pharma- for new drug formulas, patents on than half of all smartphoneent salessystem, in the like protectionstles. for pharma-and in August, Google,cause through of confidentiality its Mo- agreements. each year at the United States patent of- nen, the former Apple general counsel, and in August, Google, through its Mo- software often effectively grant owner- DANIEL ROSENBAUM FOR THE“Apple NEW YORK has TIMES always stoodPatents for innova- for software“His and attitude some kinds was that if someone at fice has increased by more than 50 per- who left the company and paid $2.2 mil- torola unit, sued Apple, contending that ceuticals, often function smoothly. United States. If Apple’sceuticals, claims often — function smoothly.torolaof unit, electronics, sued Apple, particularly contending smart- that ship of concepts, rather than tangible The United States Patent and Trademark Office in Alexandria,which include Va. ownership The office of is minor known ele- for beingtion,” under-the company Siriwrote had in a infringed statement on Appleits patents. can dream (Goo- it up, then we should cent over the last decade to more than lion in connection with a federal in- Siri had infringed on its patents. (Goo- However, many people arguecreations. that Today,the the patent office rou- staffed and plagued by turnover, and employees concede that some of theirHowever, work is many subjective.in peopleresponse argue to questions that thephones, from The are New now soapply problematic for a patent, that because even if we 540,000 in 2011. Google has received vestigation of stock option backdating. ments like rounded square icons and of gle droppedthey contribute the suit to a last so-called week, patent leaving tax gle dropped the suit last week, leaving nation’s patent rules, intendedtinely for app a me-roves patents that describe more fundamental smartphonenation’s patent tech- rules,York Times.intended “To forprotect a me- our inventions, never build it, it’s a defensive tool,” said 2,700 patents since 2000, according to “When patent lawyers become rock chanical world, are inadequatevague algorithms in to- or business methods, chanical world, we are have inadequate patented many open in to-ofthat the the adds possibilitynew as tech- much of asNancy refiling20 percent R. Heinen, at toa com-later Apple’s general coun- the patent analysis firm M-CAM. Micro- stars, it’s a bad sign for where an in- open the possibility of refiling at a later nologies — prevail, it will most likely panies’ research and development date.) All of those companies have also day’s digital marketplace. like Unlike a software pat- system for calculating force competitors to overhaulday’s how digital they marketplace.nologies in these Unlike groundbreakingdate.) pat- All of those and companiessel until 2006. have also soft has received 21,000. dustry is heading,” she said, adding that online prices, without patent examiners category-defining products.beencosts, sued In accordingnumerousthe rare to times aSoon, study by Apple’s trolls. conducted engineers were asked In the last decade, the number of pat- she had no issue with the lawyers them- been sued numerous times by trolls. ents for new drug formulas, patents on have filed numerous suits of their own, industry’s patent warriorsdesign phones, gained industry mo- expertsents“Even for say. if new we knewdrug it formulas, wouldn’t get patents ap- onlast year by two Boston University pro- demanding specifics about how those cases when we take legal action over a to participate in monthly “invention dis- ent applications submitted by Apple selves.DANIEL ROSENBAUM FOR THE NEW YORK TIMES Patents for software and some kinds software often effectively grant owner- also trying to claim ownership of mar- mentum, like many HTC, things Samsung, withinDANIEL the Motorola ROSENBAUMproved,software and FOR we others oftenTHE would NEW effectively YORK file TIMES the application grant owner-Patentsfessors. for software and some kinds calculations occur or how the software patent dispute, it’s only as a last resort. closure sessions.” One day, a group of each year has risen almost tenfold. The There are some indications that the of electronics, particularly smart- ship of concepts, rather than tangible The United Statesket-changing Patent technologies. and Trademark Office company,in Alexandria, with a terseVa. The order office from is its knownanyway,”ship for of being concepts,the former under- Apple rather lawyer than said tangibleof electronics,Supporters ofThe particularlysuits United initiated States by smart- Apple Patent and Trademark Office in Alexandria, Va. The office is known for being under- operates. “We think companies should dream software engineers met with three pat- company has won ownership of pinch- big companies themselves are growing phones, are now so problematic that creations. Today, the patent As office a result, rou- some patents are so broad While Apple and other major compa- chief executive, Steven P. Jobs. increations. an interview. Today, “If nothing the patent else, it office pre-phones, rou-say that are the now litigation so ent problematic staffedis lawyers,vital to and the according com- plagued that to aby former turnover, Ap- and employees concede that some of their work is subjective. staffed and plagued by turnover, and employees concede that some of their work is subjective.up their own products rather than willing a screen to zoom in, of using mag- weary of this warfare. they contribute to a so-called patent tax tinely approves patents thatthat describethey allow patent holders to claim nies have sometimes benefited from ventstinely another approves company fullypatents copying from that trying ours, describe totheyand in pany’scontribute August success a jury to a and so-calledple that patent Apple patent lawyer is sued tax who was at the meet- nets to affix a cover to a tablet computer In its response to The Times, Apple this war, so have smaller partners. In The iEconomy patent the idea.” far more often than it sues, as do all ma- that adds as much as 20 percent to com- vague algorithms or businesssweeping methods, ownership of seemingly unre- A Patent Warrior’s Education vague algorithmsin or California business reached methods,that the adds same as conclu- much as ing.20 percent to com- and of the glass staircases in Apple addressed “standards-essential” pat- lated products built by others. Often, 2010, Apple acquired Siri Inc., the com- Articles in this series are examininglikeThe a disclosure software sessionsion,” system the had forstatement yielded calculatingpanies’ said.jor tech research firms. andThe development first engineer discussed a piece stores. It has received more than 4,100 ents, which companies are obligated to panies’ research and development like a software system for calculating pany behind the software of the same companies are sued for violating pat- It was 2006, and Applechallenges was preparingposed by increasinglymore than global- a dozen At potential a technology patents conferencecosts, “If according wethis can’tyear, to protect aof study software our intellectualconducted that studied users’ prefer- patents since 2000, according to license to competitors at reasonable costs, according to a study conducted online prices, without patent examiners name. The stock price of Mr. Ricci’s whenonline an prices, engineer, without an Apple patent veteran, examinersproperty, then we won’t spend millions ents they never knew existed or never to unveil the first ized iPhone. high-tech Life industries. inside Apple’s chief executive, Timothyhave filed D. numerousences as they suits browsed of their the Web. own, industry’sM-CAM. patent warriors gained mo- rates,“Even and wroteif we that knew it was it wouldn’t“deeply con- get ap- last year by two Boston University pro- demanding specifics about how those have filed numerous suitscompany, of their Nuance, own, whichindustry’s had by then patent warriors gained mo- “Even ifspokedemanding we knew up. “I wouldit specificswouldn’t like to decline aboutget ap- to how par-last those yearcreating by two products Boston like University the iPhone,” pro- a dreamed might apply to their creations, company headquarters, former execu- Cook, said patent battles had not slowed “That’s a patent,” a lawyer said, And as patent portfolios have ex- cerned by the rampant abuse of stand- fessors. calculations occur or how the software also trying to claim ownershipbecome Siri’s of mar-partner, rosementum, by more like manytives said, things had withinbecome ONLINE: thea frenzyproved,A of video pro- and weticipate,” calculationsinteractive would he file said, occur the according application or how to the law- softwarefessors.formeralso Apple trying executive to claim said, ownership noting of mar- mentum, like many things within the proved, we would file the application at a cost shouldered by consumers in innovation at the company, ket-changing but ac- scribbling technologies. notes. company,panded, with so have a terse pressures order to fromuse them its ards-essentialanyway,” the patents former by Apple some lawyer of our said Supporters of suits initiated by Apple operates. the form of higherket-changing prices and fewertechnologies.than 70 percent as iPhonecompany, sales sky- with gramming a terse order sessions from andgraphic its meetings showanyway,” the be- growth theyeroperates. ofwhoformer software was Apple at theknowledged lawyermeeting. said The that engi- someSupporters that aspects some of of of the suits Apple’s initiatedAnother patents, by engineer like Apple the described a slight chief againstexecutive, competitors. Steven P. Jobs. competitors.” As a result, some patents choices.are so broad While Apple and otherrocketed. major Some compa- former chief executives executive, at tween Steven engineers P. Jobs. andpatents executives. and letin youan And, compareinterview.neerAs three explaineda “If result, of nothing some thatbattles else, he patents didn’t hadit pre- “kind are believe soofsay gottenbroad that“slide crazy.” the to litigation unlock”While Applefeature modificationis vital and on tothe other the toiPhone, acom- popularmajor compa-application. In March 2010, Apple sued HTC, a Tai- in“Standards-essential an interview. “If nothing patents else, are it pre- say that the litigation is vital to the com- that they allow patent holders“There’s to claim a real chaos,”nies have said Richard sometimesVlingo, benefited Nuance’s from old rival, remain bit- increasingly, patentApple’s lawyers. patentsvents to similar anothercompaniesthat pre-existing companythey allow should from patent be“There’s allowedtrying holders some to to own toofpany’s thisclaim tookthat success is yearsniesmadden- have toand perfect. that sometimes“That’s Apple The a patent,” conceptis benefited sued the lawyer from said. wanese smartphone manufacturer that technologiesvents another which company these companies from trying to pany’s success and that Apple is sued ter. Just months earlier, Apple reluctantly basic software concepts. “might seem obvious now, but that’s sweeping ownership of seeminglyA. Posner, unre- a federalthis appellate war, judge so have who smaller partners. In inventions frompatent other the companies. sweepingidea.” ownershiping,” ofhe seemingly said. “It’s far a unre- waste; more it’softenthis a timethan war, it so sues, Another have as smaller do engineer all ma- partners. mentioned In that his had partnered with Google. Apple did havepatent volunteered the idea.” to license to anyone far more often than it sues, as do all ma- has helped shape patent law, in an in- “We had spent $3 millionA Patent to win one Warrior’sagreed to Education pay $100 million to Creative It is a complaint heardsuck.” throughout thejor techonly firms. after2010, we Apple spentteam acquired millions had streamlined figuring Siri Inc., it somethe com-software. A Patentnot talk Warrior’s to HTC before Education suing. Negotia- for The a reasonable disclosure fee,” session the statement had yielded jor tech firms. lated products built by others. Often, 2010, Apple acquired patentSiri Inc., trial, the and com- had five more to go,” nytimes.com/ieconomyThe disclosurelated products session built had byyielded others. Often,out,” the executive said. “Other compa- terview. “The standards for granting Technology, a Singapore-based compa- industry. The increasingThe push evolution to assert of Apple into onepany of the behind “That’s the software another one,” of the the samelawyer said. tions were not part of the strategy, ac- said,more “but than instead a dozen of negotiating potential with patents “If we can’t protect our intellectual companies are sued for violating pat- pany behind the softwaresaid a of former the same Vlingo executiveIt was who2006, andny. AppleFive years was before,preparing Creative moreapplied thanownershipcompanies a dozen of broad potentialare sued technologies patentsfor violating has led “If pat-nies we shouldn’t can’t protect be able to our steal intellectual that with- It was 2006, and Apple was preparing patents are too loose.”name. The stock price of Mr. Ricci’s name. The stock price of Mr. Ricci’s to unveil the first iPhone. Life inside when an engineer, an Apple veteran, property, then we won’t spend millions ents they never knew existedAlmost or never every major technology com- spoke on condition of anonymityto unveil be- the firstfor a iPhone.broad software Life insidepatent for whena “port- an to engineer,ents a destructivethey never an Apple arms knew race, veteran, existed engineers orproperty, neverout compensating then we won’t us. That’sspend whymillions the dreamed might apply to theirpany creations, is involved incompany, ongoing patent Nuance, bat- whichcause had he hadby then signed company confidentiality headquarters,able music former playback execu- device” thatspoke bore up. “Isay.dreamed would Some like might point to decline apply to so-called to to their par- patent creations,creatingpatent products company,system exists.” like Nuance, the iPhone,” which had a by then company headquarters, former execu- spoke up. “I would like to decline to par- creating products like the iPhone,” a at a cost shouldered by consumerstles, but the in most become significant Siri’s player partner, is agreements. rose by “We more had thetives better said, prod- had becomeminor similarities a frenzy to of the pro- iPod, anticipate,” Apple hetrolls,at said, a costcompanies according shouldered that to exist the by solely law- consumers to sueformer inBut Apple othersbecome executivechallenge Siri’s that partner, said, logic, noting given rose by more tives said, had become a frenzy of pro- ticipate,” he said, according to the law- former Apple executive said, noting uct, but it didn’t matter, because this the form of higher pricesApple, and industry fewer executivesthan 70 say, percent because as iPhone sales sky- gramming sessionsproduct and that meetings had gone on be- sale theyer same who wasoverthe at formpatent the meeting. of violations. higher The Others prices engi- say and big that fewerthe some huge than of profits Apple’s 70 the percent technology patents, as iPhoneindustry like the sales sky- gramming sessions and meetings be- yer who was at the meeting. The engi- that some of Apple’s patents, like the system is so completely broken.” year. Once the patent was granted to technology companies have also ex- enjoys. Apple collects more than $1 bil- choices. of its influence and rocketed.the size of its Some claims: former executives at tween engineers and executives. And, neer explainedchoices. that he didn’t believe “slide to unlock”rocketed. feature Some on formerthe iPhone, executives at tween engineers and executives. And, neer explained that he didn’t believe “slide to unlock” feature on the iPhone, in August in California, the company Mr. Ricci declined to be interviewed. Creative, it became a license to sue. ploited the system’s weaknesses. lion a weekVlingo, in iPhone Nuance’s and related old rival, sales. remain bit- increasingly, patent lawyers. companies should be allowed to own took years to perfect. The concept “There’s a real chaos,” said Richard Vlingo, Nuance’s old Others rival, at remain Nuance bit-said theyincreasingly, were simply patent lawyers. companies should“There’s be a allowed real chaos,” to own said Richardtook “I years am skeptical to perfect. whether The patents concept are won a $1 billion patent infringement Apple settled three months after Cre- “There are hundreds of ways to write ter. “might seem obvious now, but that’s A. Posner, a federal appellate judge who ter. protecting their intellectual property.Just months earlier,ative went Apple to court.reluctantly “Creative basic is very softwaretheA. Posner, sameconcepts. computera federal appellate program,” judge said“might whoneeded seem in the obvious software now, industry but to that’s pro- Just months earlier, Apple reluctantly basic software concepts. judgment against Samsung. Former Ap- “We had spent $3 million to win one It is a complaint heard throughout the only after we spent millions figuring it has helped shape patent law,ple inemployees an in- say “We senior had executives spent $3 million“Our responsibilityto win one is agreed to follow to the pay $100fortunate million to have to been Creative granted thisIt ear- is a complaintJameshas helped Bessen, heard shape athroughout legal patent expert law,the at Har- in only an in-vide after adequate we spent incentives,” millions Judge figuring Pos- it agreed to pay $100 million to Creative terview. “The standards formade granting a deliberate decisionpatent trial,over the and last had law,” five said more Lee to Patch, go,” a viceTechnology, president at a Singapore-basedly patent,” Mr. Jobs compa- said in a statementindustry. Thevard.terview. increasing And “Theso patent push standards applications to assert for often grantingout,”ner the wrote executivepatent in an trial,e-mail. said. and “Other had compa- five more to go,” Technology, a Singapore-based compa- industry. The increasing push to assert out,” the executive said. “Other compa- patents are too loose.” decade, after Applesaid was a a victim former of pat- VlingoNuance. executive “That’s who what weny. do. Five It’s years not before,announcing Creative the settlement applied in 2006.ownershiptrypatents of tobroad encompass are technologies too everyloose.” potential has led aspectnies shouldn’tOne saidconsequence be a able former ofto allsteal Vlingothis that litigation, with- executive who ny. Five years before, Creative applied ownership of broad technologies has led nies shouldn’t be able to steal that withent attacks, to usespoke patents on as leveragecondition ofour anonymity fault if some be- people for don’t a broad like the softwarePrivately, patent Mr. for Jobs a “port- gathered tohis asen- destructiveof aAlmost new arms technology. every race, major When engineers technology such appli-out com- compensatingpolicy spoke makers on and us. condition academics That’s why of say, anonymity the is be- for a broad software patent for a “port- to a destructive arms race, engineers out compensating us. That’s why the Almost every major technology com- system.” ior managers. While Apple had long cations are approved, Mr. Bessen said, that patent disputes are suffocating the pany is involved in ongoingagainst patent competitors bat- cause to the he iPhone, had the signed confidentiality able music playback device” that bore say. Somepany point is involved to so-called in ongoing patent patentpatent bat- systemcause exists.” he had signed confidentiality able music playback device” that bore say. Some point to so-called patent patent system exists.” company’s biggest source of profits. Today, Nuance is a giant in voice rec- been adept at filing patents, when it “the borders are fuzzy, so it’s really cultureagreements. of start-ups that “We has hadlong thefueled better prod- minor similarities to the iPod, an Apple trolls, companies that exist solely to sue But others challenge that logic, given tles, but the most significant player is agreements. “We hadognition. the better Apple prod- is the mostminor valuable similaritiescame to tothe the iPod, new iPhone,an Apple “we’re goingtrolls, to companieseasytles, to but accusethat the exist others most solely of significant trespassing to sue player on Butjob is others growth challenge and technological that logic, innova- given Apple has filed multiple suits against uct, but it didn’t matter, because this Apple, industry executives say, because uct, but it didn’t matter,company because in the world.this Andproduct the iPhone that hadpatent gone it on all,” sale he declared,the same accordingover to patenta yourApple, violations. ideas.” industry Others executives say big say, becausethe hugetion. profits the technology industry product that had gone on sale the same over patent violations. Others say big the huge profits the technology industry three companies — HTC, Samsung and system is so completely broken.” year. Once the patent was granted to technology companies have also ex- enjoys. Apple collects more than $1 bil- of its influence and the size ofMotorola its claims: Mobility, system now part is ofso Googlecompletelyis wrapped broken.” in thousands ofyear. patents Once that the former patent executive was granted who, like to othertechnology former of The companiesits influence number of haveand patent the also size applications, ex- of its claims:enjoys.“Think Apple of collects the billions more of dollars than $1being bil- in August in California, the— that company today are responsibleMr. Ricci for declined more tokeep be companies interviewed. in numerousCreative, court bat-it becameemployees, a license requested to sue. anonymityploited be- thecomputer-relatedin system’s August weaknesses. in California, and otherwise, the filedcompanylion aflushed week downinMr. iPhone Ricci the toilet,” and declined related said Ms.to sales.be Hei- interviewed. Creative, it became a license to sue. ploited the system’s weaknesses. lion a week in iPhone and related sales. cause of confidentiality agreements. won a $1 billion patent infringementthan half of all smartphoneOthers at sales Nuance in the saidtles. they were simply Apple settled three months after Cre- “There areeachwon hundreds year a $1at the billion of United ways patent States to write patent infringement of-“I amnen, skeptical theOthers former at whether Apple Nuance general patentssaid counsel, they are were simply Apple settled three months after Cre- “There are hundreds of ways to write “I am skeptical whether patents are “Apple has always stood for innova- “His attitude was that if someone at fice has increased by more than 50 per- who left the company and paid $2.2 mil- judgment against Samsung.United Former States. Ap- If protecting Apple’s claims their intellectual — property. ative went to court. “Creative is very the same judgment computer against program,” Samsung. said Formerneeded Ap- in protectingthe software their industry intellectual to pro- property. ative went to court. “Creative is very the same computer program,” said needed in the software industry to pro- which include ownership of minor ele- tion,” the company wrote in a statement Apple can dream it up, then we should cent over the last decade to more thanvide lion adequate in connection“Our incentives,” responsibility with a Judge federal is Pos- to in- follow the fortunate to have been granted this ear- James Bessen, a legal expert at Har- vide adequate incentives,” Judge Pos- ple employees say senior executives “Our responsibility is to follow the fortunate to haveapply been for granted a patent, this because ear- evenJames if we Bessen,ple employees a legal expert say senior at Har- executives ments like rounded square icons and of in response to questions from The New 540,000 in 2011. Google has received vestigationlaw,” of said stock Lee option Patch, backdating. a vice president at ly patent,” Mr. Jobs said in a statement ner wrote in an e-mail. made a deliberate decision over the last law,” said Lee Patch, aYork vice Times. president “To protect at ourly patent,”inventions, Mr. Jobsnever said build in it, a it’s statement a defensive tool,”vard. said And2,700 made so patent patents a deliberate applications since 2000,decision according often over the toner last wrote“When in patentan e-mail. lawyers become rock vard. And so patent applications often more fundamental smartphone tech- Nuance. “That’s what we do. It’s not announcing the settlement in 2006. try to encompass every potential aspect One consequence of all this litigation, decade, after Apple was a victimnologies of —pat- prevail,Nuance. it will most “That’s likely whatwe wehave do. patented It’s notmany ofannouncing the new tech- the Nancysettlement R. Heinen, in 2006. Apple’s generaltry coun- to encompassthedecade, patent every after analysis potentialApple firm was M-CAM. aspect a victim Micro- of Onepat-stars, consequence it’s a bad signof all for this where litigation, an inent attacks, to use patentsforce as leverage competitors toour overhaul fault ifhow some they peoplenologies don’t in likethese the groundbreakingPrivately, and Mr.sel Jobs until gathered 2006. his sen- of a new technology.softent has attacks, received When to 21,000. use such patents appli- as leveragepolicydustry makers ouris heading,” fault and if academics she some said, peopleadding say, that don’t is like the Privately, Mr. Jobs gathered his sen- of a new technology. When such appli- policy makers and academics say, is against competitors to thedesign iPhone, phones, the industrysystem.” experts say. category-defining products.ior In managers. the rare WhileSoon, AppleApple’s had engineers long werecations asked areagainst approved,In the last competitors decade, Mr. Bessen the tonumber the said, iPhone,of pat-that the shepatent hadsystem.” nodisputes issue with are the suffocating lawyers them- the ior managers. While Apple had long cations are approved, Mr. Bessen said, that patent disputes are suffocating the cases when we take legal action over a to participate in monthly “invention dis- selves. company’s biggest source of profits.HTC, Samsung, MotorolaToday, andNuance others is a giant in voice rec- been adept at filing patents, when it “the bordersentcompany’s applications are fuzzy, biggest submittedso source it’s really byof profits. Appleculture of start-upsToday, Nuancethat has islong a giant fueled in voice rec- been adept at filing patents, when it “the borders are fuzzy, so it’s really culture of start-ups that has long fueled patent dispute, it’s only as a last resort. closure sessions.” One day, a group of each year has risen almost tenfold. The There are some indications that the Apple has filed multiple suits against ognition. Apple is the most valuable came to the new iPhone, “we’re going to easy to accuseApple others has of filed trespassing multiple onsuits againstjob growthognition. and technological Apple is the innova- most valuable came to the new iPhone, “we’re going to easy to accuse others of trespassing on job growth and technological innova- “We think companies should dream software engineers met with three pat- company has won ownership of pinch- big companiescompany themselves in the world. are growing And the iPhone patent it all,” he declared, according to a your ideas.” tion. three companies — HTC, Samsung and company in the world.up Andtheir theown iPhoneproducts ratherpatent than it all,”will- heent declared, lawyers, according according toto aa formeryour Ap- ideas.”ingthree a screen companies to zoom — in, HTC, of using Samsung mag-tion. and weary of this warfare. is wrapped in thousands of patents that former executive who, like other former The numberMotorola of patent Mobility, applications, now part of Google“Think ofis thewrapped billions in ofthousands dollars being of patents that former executive who, like other former The number of patent applications, “Think of the billions of dollars being Motorola Mobility, now partThe of iEconomy Google fully copying ours, and in August a jury ple patent lawyer who was at the meet- nets to affix a cover to a tablet computer In its response to The Times, Apple — that today are responsible for more keep companies in numerousin California court reached bat- theemployees, same conclu- requesteding. anonymity be- computer-relatedand— that of the today and glass otherwise, are staircases responsible filed in Apple forflushed moreaddressed downkeep the “standards-essential”companies toilet,” said in numerous Ms. Hei-pat- court bat- employees, requested anonymity be- computer-related and otherwise, filed flushed down the toilet,” said Ms. Hei- than half of all smartphoneArticles sales in thisthe seriestles. are examining sion,” the statement said. cause of confidentialityThe first agreements. engineer discussed each a piece year stores.atthan the half United It has of receivedall States smartphone patent more than of- sales 4,100nen, in the ents,the formerwhichtles. companies Apple general are obligated counsel, to cause of confidentiality agreements. each year at the United States patent of- nen, the former Apple general counsel, United States. If Apple’schallenges claims posed — by increasingly“Apple has global- always stoodAt a technology for innova- conference“His this attitudeyear, of was software that if that someone studied at users’fice prefer- has increasedpatentsUnited by States.since more 2000, Ifthan Apple’s according50 per- claims towho license —left the tocompany“Apple competitors has and always atpaid reasonable $2.2 stood mil- for innova- “His attitude was that if someone at fice has increased by more than 50 per- who left the company and paid $2.2 mil- ized high-tech industries.tion,” the company wroteApple’s in a chiefstatement executive,Apple Timothy can D.dreamences it up, as theythen browsed we should the Web.cent over M-CAM.thewhich last include decade ownership to more than of minorlion ele-rates, in connection andtion,” wrote the that company with it was a “deeply federal wrote con- in in- a statement Apple can dream it up, then we should cent over the last decade to more than lion in connection with a federal in- which include ownership of minor ele- Cook, said patent battles had not slowed “That’s a patent,” a lawyer said, And as patent portfolios have ex- cerned by the rampant abuse of stand- ments like rounded square iconsONLINE: and ofA videoin and response interactive to questions from The New apply for a patent, because even if we 540,000 inments 2011. like Google rounded has square received icons vestigationand of in of response stock option to questions backdating. from The New apply for a patent, because even if we 540,000 in 2011. Google has received vestigation of stock option backdating. innovation at the company, but ac- scribbling notes. panded, so have pressures to use them ards-essentialYork Times. patents “To by protect some of our our inventions, never build it, it’s a defensive tool,” said 2,700 patents since 2000, according to “When patent lawyers become rock more fundamental smartphonegraphic tech- show theYork growth Times. of software “To protectknowledged our inventions, that some aspectsnever build of the it, it’s Anothera defensive engineer tool,” described said 2,700 a slight patentsagainstmore since competitors. fundamental 2000, according smartphone to “When tech-competitors.” patent lawyers become rock Nancy R. Heinen, Apple’s general coun- nologies — prevail, it willpatents most and likely let you wecompare have three patented of manybattles of the had new “kind tech- of gottenNancy crazy.” R. Heinen,modification Apple’s general to a popular coun- application.the patent nologiesanalysisIn March firm — 2010, prevail, M-CAM. Apple sued it Micro- will HTC, most a Tai-stars, likely “Standards-essential it’s we a bad have sign patented for where patents many an of arethe in- new tech- the patent analysis firm M-CAM. Micro- stars, it’s a bad sign for where an in- force competitors to overhaulApple’s how patents they to similarnologies pre-existing in these groundbreaking“There’s some andof this thatsel isuntil madden- 2006. “That’s a patent,” the lawyer said.soft has receivedwaneseforce competitors 21,000.smartphone manufacturerto overhaul howthatdustry theytechnologies is heading,”nologies which she in thesesaid, these adding groundbreaking companies that and sel until 2006. soft has received 21,000. dustry is heading,” she said, adding that design phones, industry expertsinventions say. from othercategory-defining companies. products.ing,” he In said. the “It’s rare a waste;Soon, it’s a Apple’stime engineersAnother engineer were mentioned asked thatIn his the lasthaddesign decade, partnered phones, the with number industry Google. of experts pat- Apple did say.she hadhave no volunteeredcategory-defining issue with to the license lawyers products. to anyone them- In the rare Soon, Apple’s engineers were asked In the last decade, the number of pat- she had no issue with the lawyers them- suck.” HTC, Samsung, Motorolanytimes.com/ieconomy and others cases when we take legal action over a to participate in teammonthly had streamlined “invention some dis- software.ent applicationsnotHTC, talk to submitted Samsung, HTC before Motorola by suing. Apple Negotia- and selves. othersfor a cases reasonable when fee,” we thetake statement legal action over a to participate in monthly “invention dis- ent applications submitted by Apple selves. patent dispute, it’s only Theas a evolution last resort. of Apple closureinto one of sessions.” the “That’s One day, another a group one,” the of lawyereach said. year tionshas risen were notalmost part tenfold. of the strategy, The ac- Theresaid, are “butpatent some instead dispute, indications of negotiating it’s only that as with thea last resort. closure sessions.” One day, a group of each year has risen almost tenfold. The There are some indications that the “We think companies should dream software engineers met with three pat- company has won ownership of pinch- big companies“We themselves think companies are growing should dream software engineers met with three pat- company has won ownership of pinch- big companies themselves are growing up their own products rather than will- ent lawyers, according to a former Ap- ing a screen to zoom in, of using mag- weary of thisup warfare.their own products rather than will- ent lawyers, according to a former Ap- ing a screen to zoom in, of using mag- weary of this warfare. fully copying ours, and in August a jury ple patent lawyer who was at the meet- nets to affixThe a cover iEconomy to a tablet computer In its responsefully copying to The ours, Times, and Applein August a jury ple patent lawyer who was at the meet- nets to affix a cover to a tablet computer In its response to The Times, Apple The iEconomy in California reached the same conclu- ing. and of the glass staircases in Apple addressed in “standards-essential” California reached the pat- same conclu- ing. and of the glass staircases in Apple addressed “standards-essential” pat- Articles in this series are examining sion,” the statement said. The first engineer discussed a piece stores. It hasArticles received in this more series than are examining 4,100 ents, whichsion,” companies the statement are obligated said. to The first engineer discussed a piece stores. It has received more than 4,100 ents, which companies are obligated to challenges posed by increasingly global- At a technology conference this year, of software that studied users’ prefer- patents sincechallenges 2000, posed according by increasingly to global-license to competitorsAt a technology at reasonableconference this year, of software that studied users’ prefer- patents since 2000, according to license to competitors at reasonable ized high-tech industries. Apple’s chief executive, Timothy D. ences as they browsed the Web. M-CAM. ized high-tech industries. rates, and wroteApple’s that chief it was executive, “deeply con- Timothy D. ences as they browsed the Web. M-CAM. rates, and wrote that it was “deeply con- Cook, said patent battles had not slowed “That’s a patent,” a lawyer said, And as patent portfolios have ex- cerned by Cook,the rampant said patent abuse battles of stand- had not slowed “That’s a patent,” a lawyer said, And as patent portfolios have ex- cerned by the rampant abuse of stand- ONLINE: A video and interactive ONLINE: A video and interactive innovation at the company, but ac- scribbling notes. panded, so have pressures to use them ards-essentialinnovation patents at by the some company, of our but ac- scribbling notes. panded, so have pressures to use them ards-essential patents by some of our graphic show the growth of software knowledged that some aspects of the Another engineer described a slight against competitors.graphic show the growth of softwarecompetitors.”knowledged that some aspects of the Another engineer described a slight against competitors. competitors.” patents and let you compare three of battles had “kind of gotten crazy.” modification to a popular application. In Marchpatents 2010, Apple and let sued you HTC, compare a Tai- three of“Standards-essentialbattles had “kind patents of gotten arecrazy.” modification to a popular application. In March 2010, Apple sued HTC, a Tai- “Standards-essential patents are Apple’s patents to similar pre-existing “There’s some of this that is madden- “That’s a patent,” the lawyer said. wanese smartphoneApple’s patents manufacturer to similar pre-existingthat technologies “There’s which some these of companies this that is madden- “That’s a patent,” the lawyer said. wanese smartphone manufacturer that technologies which these companies inventions from other companies. ing,” he said. “It’s a waste; it’s a time Another engineer mentioned that his had partneredinventions with from Google. other Apple companies. did have volunteereding,” he to said. license “It’s to a waste; anyone it’s a time Another engineer mentioned that his had partnered with Google. Apple did have volunteered to license to anyone suck.” team had streamlined some software. not talk to HTC before suing. Negotia- for a reasonable fee,” the statement nytimes.com/ieconomy suck.” team had streamlined some software. not talk tonytimes.com/ieconomy HTC before suing. Negotia- for a reasonable fee,” the statement The evolution of Apple into one of the “That’s another one,” the lawyer said. tions were not part of the strategy, ac- said, “but insteadThe evolution of negotiating of Apple withinto one of the “That’s another one,” the lawyer said. tions were not part of the strategy, ac- said, “but instead of negotiating with Just months earlier, Apple reluctantly plained that he didn’t believe companies should agreed to pay $100 million to Creative Technol- be allowed to own basic software concepts. ogy, a Singapore-based company. Five years It is a complaint heard throughout the in- before, Creative applied for a broad software dustry. The increasing push to assert ownership patent for a “portable music playback device” of broad technologies has led to a destructive that bore minor similarities to the iPod, an Ap- arms race, engineers say. Some point to so-called ple product that had gone on sale the same year. patent trolls, companies that exist solely to sue Once the patent was granted to Creative, it be- over patent violations. Others say big technol- came a license to sue. ogy companies have also exploited the system’s Apple settled three months after Creative weaknesses. went to court. “Creative is very fortunate to “There are hundreds of ways to write the have been granted this early patent,” Mr. Jobs same computer program,” said James Bessen, a said in a statement announcing the settlement legal expert at Harvard. And so patent applica- in 2006. tions often try to encompass every potential as- Privately, Mr. Jobs gathered his senior man- pect of a new technology. When such applications agers. While Apple had long been adept at filing are approved, Mr. Bessen said, “the borders are patents, when it came to the new iPhone, “we’re fuzzy, so it’s really easy to accuse others of tres- going to patent it all,” he declared, according to a passing on your ideas.” former executive who, like other former employ- The number of patent applications, comput- ees, requested anonymity because of confidenti- er-related and otherwise, filed each year at the ality agreements. United States patent office has increased by more “His attitude was that if someone at Apple than 50 percent over the last decade to more than can dream it up, then we should apply for a pat- 540,000 in 2011. Google has received 2,700 patents ent, because even if we never build it, it’s a defen- since 2000, according to the patent analysis firm sive tool,” said Nancy R. Heinen, Apple’s general M-CAM. Microsoft has received 21,000. counsel until 2006. In the last decade, the number of patent ap- Soon, Apple’s engineers were asked to partic- plications submitted by Apple each year has risen ipate in monthly “invention disclosure sessions.” almost tenfold. The company has won ownership One day, a group of software engineers met with of pinching a screen to zoom in, of using magnets three patent lawyers, according to a former Ap- to affix a cover to a tablet computer and of the ple patent lawyer who was at the meeting. glass staircases in Apple stores. It has received The first engineer discussed a piece of soft- more than 4,100 patents since 2000, according to ware that studied users’ preferences as they M-CAM. browsed the Web. And as patent portfolios have expanded, so “That’s a patent,” a lawyer said, scribbling have pressures to use them against competitors. notes. In March 2010, Apple sued HTC, a Taiwanese Another engineer described a slight modifi- smartphone manufacturer that had partnered cation to a popular application. with Google. Apple did not talk to HTC before su- “That’s a patent,” the lawyer said. ing. Negotiations were not part of the strategy, Another engineer mentioned that his team according to a former executive. “Google was had streamlined some software. the enemy, the real target,” the executive said. “That’s another one,” the lawyer said. It was one of seven major smartphone and “Even if we knew it wouldn’t get approved, patent-related lawsuits Apple has initiated since we would file the application anyway,” the for- 2006. The suits have focused on two large compa- mer Apple lawyer said in an interview. “If noth- nies, HTC and Samsung, both Google partners, ing else, it prevents another company from try- which together account for 39 percent of Ameri- ing to patent the idea.” can smartphone sales. Apple has also filed coun- The disclosure session had yielded more tersuits against Nokia, as well as against Motor- than a dozen potential patents when an engi- ola Mobility, which is now owned by Google and neer, an Apple veteran, spoke up. “I would like to accounts for 12 percent of sales. decline to participate,” he said, according to the In addition, the company has filed two de- lawyer who was at the meeting. The engineer ex- claratory judgment actions asking the courts to rule on the provenance and validity of patents. “Think of the billions of dollars being Over the same period, Apple itself has been sued flushed down the toilet,” said Ms. Heinen, the 135 times, mostly by patent trolls interested in its former Apple general counsel, who left the com- deep pockets. pany and paid $2.2 million in connection with a Apple is not alone. The number of patent federal investigation of stock option backdating. lawsuits filed in United States district courts “When patent lawyers become rock stars, it’s a each year has almost tripled in the last two de- bad sign for where an industry is heading,” she cades to 3,260 in 2010, the last year for which said, adding that she had no issue with the law- federal data is available. Microsoft has sued yers themselves. Motorola; Motorola has sued Apple and Re- There are some indications that the big search in Motion; Research in Motion has sued companies themselves are growing weary of Visto, a mobile technology company; and in this warfare. August, Google, through its Motorola unit, sued In its response to The Times, Apple ad- Apple, contending that Siri had infringed on its dressed “standards-essential” patents, which patents. (Google dropped the suit last week, companies are obligated to license to competi- leaving open the possibility of refiling at a later tors at reasonable rates, and wrote that it was date.) All of those companies have also been “deeply concerned by the rampant abuse of sued numerous times by trolls. standards-essential patents by some of our Patents for software and some kinds of elec- competitors.” tronics, particularly smartphones, are now so “Standards-essential patents are technolo- problematic that they contribute to a so-called gies which these companies have volunteered patent tax that adds as much as 20 percent to to license to anyone for a reasonable fee,” the companies’ research and development costs, statement said, “but instead of negotiating with according to a study conducted last year by two Apple, they’ve chosen to sue us.” Samsung, Mo- Boston University professors. torola, Nokia and HTC have sued Apple, claim- Supporters of suits initiated by Apple say ing it violated standards-essential patents. that the litigation is vital to the company’s suc- Another sign of fatigue is the frequency cess and that Apple is sued far more often than with which executives and lawyers from Apple it sues, as do all major tech firms. and Google speak to one another about patent “If we can’t protect our intellectual proper- disputes. Earlier this year, Google proposed a ty, then we won’t spend millions creating prod- cease-fire, according to people familiar with the ucts like the iPhone,” a former Apple executive conversations. And when Google withdrew its said, noting that some of Apple’s patents, like Motorola suit last week, it was widely seen as a the “slide to unlock” feature on the iPhone, took peace gesture. years to perfect. The concept “might seem obvi- But Apple has been hard to pin down, said ous now, but that’s only after we spent millions one person from Google who was not authorized figuring it out,” the executive said. “Other com- to speak publicly. “Sometimes they’re asking for panies shouldn’t be able to steal that without money. Then they say we have to promise to not compensating us. That’s why the patent system copy aspects of the iPhone. And whenever we exists.” get close to an agreement, it all changes again. But others challenge that logic, given the “Our feeling is they don’t really want this to huge profits the technology industry enjoys. end. As long as everyone is distracted by these Apple collects more than $1 billion a week in trials, the iPhone continues to sell.” iPhone and related sales. “I am skeptical wheth- Apple declined to comment on the negotia- er patents are needed in the software industry tions. to provide adequate incentives,” Judge Posner wrote in an e-mail. The Patent Bureaucracy One consequence of all this litigation, policy The application by Apple that eventually be- makers and academics say, is that patent dis- came patent 8,086,604 first crossed desks at the putes are suffocating the culture of start-ups Patent and Trademark Office on a winter day in that has long fueled job growth and technologi- 2004. cal innovation. In the next two years, a small cast of officials C M Y K Nxxx,2012-10-08,A,015,Bs-4C,E1

THE NEW YORK TIMES NATIONAL MONDAY, OCTOBER 8, 2012 N A15

Apple, they’ve chosen to sue us.” Sam- sung, Motorola, Nokia and HTC have sued Apple, claiming it violated stand- Fighters in a Patent War NOKIA and APPLE ards-essential patents. In 2009, Nokia sued Apple for patent Another sign of fatigue is the fre- Apple has been involved in 142 smartphone patent lawsuits — and infringements and Apple countersued. quency with which executives and law- in six instances, suits with multiple plaintiffs — since 2006. A Research In 2011 the companies settled some yers from Apple and Google speak to majority of patent suits within the smartphone industry are filed by cases, with Apple reportedly agreeing one another about patent disputes. Ear- in Motion so-called trolls, companies that exist solely to sue. But tech giants to make a one-time payment of $600 lier this year, Google proposed a cease- 104 million and future royalties to Nokia. fire, according to people familiar with have also traded lawsuits among themselves. the conversations. And when Google withdrew its Motorola suit last week, it was widely seen as a peace gesture. But Apple has been hard to pin down, said one person from Google who was Mobile phone lawsuits filed since 2006 not authorized to speak publicly. “Some- Each arrow represents a lawsuit involving a times they’re asking for money. Then Nokia they say we have to promise to not copy mobile patent. In some cases, when multiple firms are plaintiffs or defendants, a 106 aspects of the iPhone. And whenever single suit is represented with multiple we get close to an agreement, it all arrows. The circles are sized according to changes again. the total for each company. “Our feeling is they don’t really want HTC this to end. As long as everyone is dis- 121 tracted by these trials, the iPhone con- KEY tinues to sell.” Apple declined to comment on the negotiations. C M YC KM Y K Suits DefendantNxxx,2012-10-08,A,015,Bs-4C,E1 PlaintiffNxxx,2012-10-08,A,015,Bs-4C,E1 among the with party with party top 10 not shown not shown The Patent Bureaucracy litigants THE NEW YORK TIMES NATIONAL MONDAY, OCTOBER 8, 2012 N A15 The application by Apple that eventu- THE NEW YORK TIMES NATIONAL MONDAY, OCTOBER 8, 2012 N A15 ally became patent 8,086,604 first crossed desks at theApple, Patent they’veApple, and chosen they’ve Trade- to chosensue us.” to Sam- sue us.” Sam- Motorola mark Office on a wintersung, Motorola,daysung, in 2004. Motorola, Nokia and Nokia HTC and have HTC have sued Apple,sued claiming Apple, it claiming violated it stand- violated stand-FightersFighters in a in Patent a Patent War War NOKIA and NOKIAAPPLE and APPLE 127 In the next two ards-essentialyears, aards-essential small patents. cast patents.of In 2009, Nokia sued Apple for patent HTC and APPLE Apple has been involved in 142 smartphone patent lawsuits — and In 2009, Nokia sued Apple for patent Google bought Motorola officials spent aboutAnother 23 hours signAnother of — fatigue sign the of is fatigue the fre- is theApple fre- has been involved in 142 smartphone patent lawsuits — and infringementsinfringements and Apple countersued. and Apple countersued. quency with which executives and law- Mobility in 2011 for time generally allottedquency forwith reviewing which executives a andApple law- filed insuit six against instances,in sixphone instances, suits maker with suitsHTCmultiple within plaintiffs multiple —plaintiffs since 2006. — since A 2006. A Research In 2011 the Incompanies 2011 the settled companies some settled some yers fromyers Apple from and Apple Google and speak Google to speak to Research cases, with Apple reportedly agreeing$12.5 billion, largely for new application — examining the three 2010 in a movemajority widely ofmajority patent seen suitsasof patentdirected within suits atthe within smartphone the smartphone industry are industry filed by are filed by in Motion cases, with Apple reportedly agreeing one anotherone about another patent about disputes. patent Ear-disputes. Ear- in Motion to make a one-timeto make payment a one-time of $600payment of $600 its patent portfolio. dozen pages before recommendinglier this year, re-Google proposedGoogle, whicha cease-so-called had partnered trolls,so-called companies withtrolls, HTC. companies that At exist the solelythat exist to sue. solely But to tech sue. giants But tech giants 104 lier this year, Google proposed a cease- 104 million and futuremillion royalties and future to Nokia. royalties to Nokia. jection. The application,fire, according forfire, a voice- according to people and to familiar peopletime, with familiar Apple’shave with chief also executive, havetraded also lawsuits Steven traded among lawsuitsP. Jobs, themselves. among themselves. Eon text-based search engine,the conversations. wasthe conversations. “an Andobvi- when And said Google when in a statement: Google “We can sit by and watch withdrew its Motorola suit last week, it 109 ous variation” on withdrewexisting its ideas, Motorola a pat- suit last week, it was widelywas seen widely as a peace seen as gesture. a peacecompetitors gesture. steal our patented inventions, or ent examiner namedBut RaheemApple Buthas Apple been Hoffler hard has beento pin hardwe down, can to pindo down,something about it. We’ve decided wrote. Over the nextsaid onefive person said years, one from personApple Google from who Google was who was to do somethingMobile aboutphoneMobile lawsuitsit.” phone filed lawsuits since 2006filed since 2006 modified and resubmittednot authorizednot the authorized to applica-speak publicly. to speak “Some- publicly. “Some- times they’re asking for money. Each Then arrowEach represents arrow arepresents lawsuit involving a lawsuit a involving a times they’re asking for money. Then mobile patent. In some cases, when Nokia Nokia tion eight times —they and say each wethey have time say to we itpromise washave to to promise not copy to notmobile copy patent. In some cases, when multiple firmsmultiple are plaintiffs firms are or plaintiffsdefendants, or defendants, a a 106 rejected by the patentaspects office. ofaspects the iPhone. of the And iPhone. whenever And whenever single suit is represented with multiple 106 we get close to an agreement, single it all suit is represented with multiple GOOGLE and APPLE Until last year. we get close to an agreement, it all arrows. Thearrows. circles areThe sized circles according are sized to according to changes again. Many of Apple’s lawsuits are seen as proxy fights On its 10th attempt,changes Apple again. got patent the total forthe each total company. for each company. HTC HTC “Our feeling“Our is theyfeeling don’t is they really don’t want really want in its battle with Google, which created Android, 8,086,604 approved. Today,this though to end. As the long as everyone is dis- 121 this to end. As long as everyoneSAMSUNG is dis- and APPLE 121 Apple now the dominant smartphone operating system. patent was not amongtracted those bytracted these Vlingo trials,by these and the trials,iPhone the con- iPhoneKEY con- KEY tinues to sell.” Apple and Samsung are Apple has not sued Google directly, though it has Nuance fought over,tinues it to is sell.”known as the 148 Apple declinedApple to declined comment to oncommentsuing the ne- each on the other ne- around the sued its partners, including HTC and Samsung, Siri patent because it is widely viewed Suits Defendant Plaintiff gotiations.gotiations. Suits Defendant Plaintiff as one of the linchpins of Apple’s strat- world. In August,among thea California amongwith the party withwith party party with party and has countersued Motorola Mobility, now a jury awardedtop Apple 10 $1top 10not shown not notshown shown not shown division of Google. egy to protect its smartphoneThe Patenttechnolo- Bureaucracy litigants The Patent Bureaucracy billion. The litigantssame day, in gies. The application by Apple that eventu- The application by Apple that eventu-South Korea, a court In February, theally company becameally deployedpatent became 8,086,604 patent 8,086,604 first first delivered a mixed verdict this new patent incrossed a continuing deskscrossed at the lawsuitdesks Patent at the and Patent Trade- and Trade- Samsung MotorolaMotorola mark Officemark on a Office winter on day a winter in 2004.that, day in part,2004. ruled in against Samsung that could radically 127 127 In the nextIn two the years,next two a small years,Samsung's cast a small of cast favor. of A week 127 reorder the $200 officials billion spentofficials smartphone about spent 23 about hours 23 — hoursthe —HTC the and APPLEHTC and APPLE Google boughtGoogle Motorola bought Motorola later, in Japan, Samsung Mobility in 2011 for business by givingtime Apple generally effectivetime generally allotted own- for allotted reviewing for reviewing a Apple afiled suitApple against filed phonesuit against maker phone HTC inmaker HTC in Mobility in 2011 for $12.5 billion,$12.5 largely billion, for largely for new applicationnew application — examining — examining thewas three the thewinner. 2010three in a move2010 widely in a moveseen aswidely directed seen atas directed at ership of now-commonplace technolo- its patent portfolio.its patent portfolio. gies, software expertsdozen say. pagesdozen before pages recommending before recommending re- Google, re- whichGoogle, had partnered which had with partnered HTC. At withthe HTC. At the jection. Thejection. application, The application, for a voice- for and a voice-time, and Apple’stime, chief Apple’s executive, chief Steven executive, P. Jobs, Steven P. Jobs, Eon Eon Patent 8,086,604’s pathtext-based to app rovalsearch engine, was “an obvi- said in a statement: “We can sit by and watch text-based search engine, was “an obvi- said in a statement: “We can sit by and watch 109 109 “shows there’s a lotous wrong variation”ous with variation”on the existing pro- on ideas, existing a pat- ideas, competitorsa pat- competitorssteal our patented steal our inventions, patented or inventions, or Technology cess,” said Arti K.ent Rai, examiner anent intellectual examiner named Raheem named Hoffler Raheem Hofflerwe can do somethingwe can do about something it. We’ve about decided it. We’ve decided Patents wrote. Overwrote. the next Over five the years, next five Apple years, to Apple do somethingto do about something it.” about it.” property expertmodified at Duke andmodified University resubmitted and resubmitted the applica- the applica- 87 School of Law whotion reviewed eight tiontimes theeight — andpatent times each — timeand each it was time it was rejected by the patent office. application for Therejected Times. by Thatthe patent patent, office. GOOGLE andGOOGLE APPLE and APPLE Until last year.Until last year. like numerous others, is an example of Many of Apple’sMany lawsuits of Apple’s are lawsuitsseen as proxyare seen fights as proxy fights On its 10thOn attempt, its 10th Apple attempt, got Apple patent got patent in its battle within its Google, battle with which Google, created which Android, created Android, how companies can8,086,604 file an app8,086,604 applicationroved. app Today,roved. though Today, the though the SAMSUNG SAMSUNGand APPLE and APPLE LG now the dominant smartphone operating system. again and again untilpatent they was winpatent not appamong wasroval, not those among Vlingo those and Vlingo and Apple Apple now the dominant smartphone operating system. Apple and SamsungApple and are Samsung are Apple has notApple sued has Google not sued directly, Google though directly, it has though it has Nuance foughtNuance over, fought it is over,known it as is knownthe as the Sony 148 Ms. Rai said. suing each other around the 148 99 sued its partners, including HTC and Samsung, Siri patentSiri because patent it because is widely it viewedis widely viewedsuing each other around the sued its partners, including HTCMost and ofSamsung, Technology Patents’ operations seem When Apple submitted the first appli- world. In August, a California and has countersued Motorola Mobility, now a as one of theas one linchpins of the of linchpins Apple’s ofstrat- Apple’sworld. strat- In August, a California 86 and has countersued Motoroladevoted Mobility, nowto suinga 87 companies, including most jury awarded Apple $1 division of Google. cation for 8,086,604,egy the to protectiPhoneegy toits protectand smartphone Siri its smartphone technolo- technolo-jury awarded Apple $1 division of Google. major telecommunications firms, for violating billion. The same day, in did not exist. The gies.application gies. was aspi- billion. The same day, in South Korea, a court patents regarding sending information over a In February,In February, the company the companydeployed deployedSouth Korea, a court rational: it described a theoretical “uni- delivered a mixed verdict digital network. this new patentthis new in apatent continuing in a continuing lawsuit lawsuitdelivered a mixed verdict SamsungSamsung versal interface” thatagainst would Samsungagainst allow Samsung that peo- could that radically could radicallythat, in part, that,ruled in in part, ruled in 127 ple to search acrossreorder various thereorder $200 mediums, the billion $200 smartphone billion smartphoneSamsung's favor.Samsung's A week favor. A week 127 like the Internet, business corporate bybusiness giving databases Appleby giving effective Apple own- effectivelater, own- in Japan,later, Samsung in Japan, SamsungWhen possible, subsidiaries were counted as the parent company. In some instances, suits and countersuits have the ership of now-commonplace technolo-was the winner.was the winner. and computer hardership drives, of now-commonplacewithout hav- technolo-Source: LexMachina same case number and so may be counted as only one case. These are the top 10 litigants as of the end of 2011. THE NEW YORK TIMES gies, softwaregies, experts software say. experts say. ing to use multiple Patent search 8,086,604’s Patent engines. 8,086,604’s path It to app pathroval to approval outlined how such “showssoftware there’s“shows might a lot there’s wrongfunc- a withlot wrong the pro- with the pro- TechnologyTechnology tion, but it did notcess,” offer said specificscess,” Arti saidK. about Rai, Arti an K. intellectual Rai,awarded an intellectual an Illinois company effective fringed on Apple’s patent because it fea- holds 100 patents — including for Patents the Schultz,Patents an assistant professor who how to build it. Itproperty suggestedproperty expert that at some expert Duke at University ownership Duke University of many of the basic systems tured a “Google quick search box” that software behind the reverse aging in87 helped87 design the license. School of LawSchool who of reviewedLaw who thereviewed patent the patent people might speakapplication a searchapplication for The phrase Times. for The That Times.that patent, Thatpower patent, the Internet. That firm sued allowed users to enter one search term, the film “The Curious Case of Benjamin But to really make a difference, such rather than use a keyboard.like numerouslike numerousothers, is anothers, examplea is numberan of example of of tech giants, persuading either typed or spoken, that returned Button” — and has about 100 more ap- ideas require the participation of large The ideas containedhow companiesin thehow application companies can file an can application filemany an application to sign multimillion-dollar settle- results simultaneously from the Inter- plications LGpending. technology companies, and the incen- again and again anduntil again they winuntil app theyroval, win approval, LG would blossom at Apple, Google, Micro- ments, until a jury declared some of the net, contactsSony stored on the phone and Patents are crucial to his business, tives to cooperate are small. So some Ms. Rai said.Ms. Rai said. Sony 99 99 Most of Technology Patents’ operations seem soft, Nuance, Vlingo and dozensWhen Appleof oth- submittedpatents the first invalid appli- last year. recently visited Web sites. (The ban has Mr. Perlman said, particularlyMost of Technology in raising Patents’ operationsfrustrated seem engineers have become out- When Apple submitted the first appli- 86 86 devoted to suingdevoted 87 tocompanies, suing 87 companies,including most including most er companies. All thecation while, for cation8,086,604, the forapplica- the8,086,604, iPhone the and iPhoneFor Siri Apple’s and Siri 8,086,604, the examiners been stayed while under appeal.) money from venture capitalistsmajor telecommunicationsmajor and telecommunications de- firms,spoken for violating firms, advocates for violating for reform. tion traveled quietlydid through not exist.did The notthe exist. applicationpatent The application wasfinally aspi- was relented aspi- last December and is- terring large companiespatents from regarding patents copying sending regarding information sendingMr. informationover Perlman, a over thea independent inven- rational: itrational: described it describeda theoretical a theoretical “uni- “uni- his innovations. “Whendigital we network.file digitala patent network. tor, for instance, was hopeful his voice office, where officialsversal rejected interface”versal it interface”twice that would in that allow suedwould peo- a allow patent. peo- Searching for Fixes 2007, three times in 2008, ple once to search in 2009, across various“Apple mediums, got another warhead in its ar- application, it’s a big deal,” he said. would be heard on Capitol Hill. But ple to search across various mediums, Some experts worry that Apple’s twice in 2010 and oncelike thein 2011. Internet,like the corporate Internet, corporate databasessenal, databasesbut there’s no big inventionWhen here,” possible,When subsidiaries possible, subsidiaries were counted were as countedthe parent as company.the parent In company. some instances, In someWhen suits instances, and Mr. countersuits suits Perlman and countersuits have went the tohave Congress, the alongside Mr. Perlman were hundreds and computer hard drives, withoutSource: hav- LexMachinaSource: LexMachina samebroad case number patents and so may may be counted give theas only company one case. These are the top 10 litigants as of the end of 2011. THE NEW YORK TIMESTHE NEW YORK TIMES The patent officeand has computer a reputation hard drives, for withoutsaid hav- David J. Pratt, presidentsame case of number and so may be counted as only one case. These are the top he10 litigants brought as of the ideas end of to2011. protect small in- of lobbyists from high-tech corporations ing to useing multiple to use search multiple engines. search It engines. It control of technologies that, over the being overworked, understaffed and M-CAM, the patent analysis firm, who ventors. He wasn’t alone in suggesting and the pharmaceutical industry, which outlined howoutlined such softwarehow such might software func- might func- last seven years, have been independ- plagued by employeetion, turnover, but ittion, did but not and offerit did em- specifics not offeranalyzed about specifics awardedtheabout application anawarded Illinois anfor company Illinois The Times. companyeffective effectivefringed onfringed Apple’s on patent Apple’s because patent it becausefea- holds it fea- 100 holds patentssolutions. 100 — patents including Thousands — includingfor the forSchultz, of the companies, anSchultz, assistant an assistantoften professor push professor who conflicting who proposals. Big ently developed at dozens of companies ployees concede thathow some to buildhow of it.their to It build suggested work it. It suggestedthat someThe that patentownership some officeownership of many declined of of the many basic to of discuss systems the basic systemstured a “Googletured aquick “Google search quick box” search that box”software that behindsoftwarefrom the start-ups behind reverse the aginglike reverse Vlingo in aginghelped to in large designhelped tech- the design license. thetechnology license. companies, in general, want people might speak a search phrase that power the Internet. That firmallowedand sued have usersallowed becometo enter users one to central entersearch one term, to search manythe term, film de- “Thethe Curiousfilm “The Case Curious of Benjamin Case of Benjamin But to really make a difference, such is subjective. people might speak a search phrase that power the Internet. That firm sued nology firms, have arguedBut that to really a well- make a difference,to limit the such financial damages juries can rather thanrather use a thankeyboard. use a keyboard.8,086,604. a Officials numbera of number pointed tech giants, of out tech persuading that giants, the persuadingeithervices. typed either or spoken,typed or that spoken, returned that returnedButton” —Button” and has — about and has100 about more ap-100 moreideas ap- requireideas the require participation the participation of large of large results simultaneously from the Inter- plicationsfunctioning pending. patent system is essentialtechnology companies,award for and minor the incen- patent violations, while “When I get an application,The ideas containedThe I ideasbasical- containedin the applicationagency’s in the applicationmany 7,650 to signmany examiners multimillion-dollar to sign multimillion-dollar received settle- resultssettle-“Apple simultaneously could get from a chokehold the Inter- onplications the pending. technology companies, and the incen- ly have two days towould research blossomwould and at blossom Apple,write Google, ata Apple,more Micro- Google, than Micro-ments, half until ments, a a millionjury until declared a applicationsjury some declared of the somenet, of the contactsnet, stored contacts on stored the phone on the and phonePatents and arePatentsto crucialtheir are success. to crucial his business, toThe his problems business,tives to cooperatewithtives the to cooperate are small.drug are So makers small. some So want some to make sure they patents invalid last year. smartphonerecently industry,” visited Web said sites. Tim(The banO’Reil- has Mr. Perlman said, particularly in raising frustrated engineers have become out- 10- to 20-page termsoft, paper Nuance, onsoft, why Vlingo Nuance, I thinkand Vlingo dozens andlast of dozensoth- year, ofpatents andoth- invalid the numbers last year. have kept recently visited Web sites. (The ban has Mr. Perlmancurrent said, particularly system in raising are so pervasive,frustrated engineers they havecan become sue for out- billions of dollars if a single er companies.er companies. All the while, All the while,applica- the applica-For Apple’sFor 8,086,604, Apple’s 8,086,604,the examiners the examinersbeenly, a s publishertayedbeen while stayed under of computerwhile appeal.) under appeal.)guides money and a frommoney say,venture fromthat capitalists venture the courts, capitalists and de- lawmakers andspoken de- advocates andspoken Sil- advocatesfor reform.patent for reform. is violated. it should be approved or rtionejected,” traveled said quietly throughclimbing. the patent finally relented last December and is- terring largeterring companies large companies from copying from copyingMr. Perlman,Mr. thePerlman, independent the independent inven- inven- tion traveled quietly through the patent finally relented last December and is- software patent critic. “A patent is a icon Valley must find their own fixes. These and dozens of other narrow Robert Budens, a 22-yearoffice, where office,patent officials where exam- rejected officials it rejectedtwiceBy in all it twice suedaccounts, in a patent.sued there a patent. have been im- SearchingSearching for Fixes for Fixes his innovations.his innovations. “When we “When file a patent we file a patenttor, for instance,tor, for was instance, hopeful was his hopeful voice his voice 2007, three times in 2008, once in 2009, “Apple got another warhead in government-sanctionedits ar- monopoly,application, and application, it’s Onea big deal,” optionit’s a hebig said. isdeal,” judicial he said.would activism. be would heard This be on heard Capitolbattles on Hill. Capitol have But Hill.paralyzed But Congress’s abil- iner and president2007, of the three examiners’ times in 2008, la- once provements in 2009, “Apple in thegot another patent warhead office in since its ar- Some experts worry that Apple’s twice in 2010 and once in 2011. senal, but there’s no big invention wehere,”Some should experts be very worry cautious that Apple’s about hand-When Mr. WhenPerlman Mr. went Perlman to Congress, went to Congress,alongside alongside Mr. Perlman Mr. were Perlman hundreds were hundreds twice in 2010 and once in 2011. senal, but there’s no big invention here,” broad patents may give the company year, Judge Posner, in an Illinois federal ity to make real changes, lawmakers bor union. “I’m not going to pretendThe patent like office hasDavid a reputation J. Kappos for tooksaid over David as J. director Pratt, presidentin broad of patents may give the company he broughthe ideas brought to protect ideas to small protect in- smallof lobbyists in- of from lobbyists high-tech from corporationshigh-tech corporations The patent office has a reputation for said David J. Pratt, president of ing thosecontrol out.” of technologies that, over the court, tossed out patent arguments we get it right every time.”being overworked, understaffed and M-CAM, the patent analysis firm,control who of technologies that, over the ventors. Heventors. wasn’t He alone wasn’t in suggesting alone in suggestingand the pharmaceuticaland the pharmaceutical industry,and lobbyists which industry, say. which The last attempt, the being overworked, understaffed2009. and In anM-CAM, interview, the patent Mr. analysis Kappos firm, said who Otherslast say seven the years,system have works been independ-fine. plagued by employee turnover, and em- analyzed the application for The Times.last seven years, have been independ- solutions. solutions. Thousandsmade by Thousands ofboth companies, Apple of companies,andoften Motorola pushoften conflicting Mo- push conflicting America proposals. proposals.Invents Big Act, Big which was passed To receive a patent,plagued by an employee invention turnover, andthe em-lengthyanalyzed back-and-forth the application between for The Times. ex- ently developed at dozens of companies ently“Intellectual developed at dozens property of companies is property,from start-upsfrom likestart-ups Vlingo like to largeVlingo tech- to largetechnology tech- technology companies, companies, in general, in want general, want ployees concedeployees that concede some thatof their some work of their workThe patentThe office patent declined office to declined discuss to discuss and have become central to many de- bility in a 38-page opinion that dis- last year, achieved mostly administra- must be novel (substantially different aminers and Apple was evidence that andjust have like becomea house, central and toits many owners de- deservenology firms,nology have firms, argued have that argued a well- that ato well- limit theto financial limit the damages financial juries damages can juries can is subjective.is subjective. 8,086,604. 8,086,604. Officials pointed Officials out pointed that the out that the vices. missed a lawsuit between the two com- tive fixes, like making it easier for out- from what exists), not obvious (one the system worked. vices. functioningfunctioning patent system patent is system essential is essentialaward for awardminor patentfor minor violations, patent violations, while while “When I get“When an application, I get an application, I basical- I basical-agency’sagency’s 7,650 examiners 7,650 examiners received receivedprotection,”“Apple said could Jay get P. a chokehold Kesan, on a lawthe “Apple could get a chokehold on the to their success.to panies.their The success. problems Cleaning The withproblems up the the withdrug patent the makersdrug mess, want makers to makesiders want sure to to make theychallenge sure they a patent’s validity. can’t patent a new lytoaster have two lysimply days have to two researchby days ex- to and research write“It’s aand called writemore athe than morepatent half than a millionoffice,” half a applications he million said, applicationsprofessorsmartphone at the industry,” University said ofTim Illinois. O’Reil- smartphone industry,” said Tim O’Reil- current systemcurrentJudge are system so Posner pervasive, are so said pervasive, they in can an they sue interview, forcan billions sue for of billionsdollarsThe ifof a dollars newsingle if law a single did make one funda- panding it to handle10- to 20-page five10- to term slices20-page paper term ofon why paper I think on why Ilast think year, last and year, the numbers and the have numbers kept have kept ly, a publisher of computer guides and a noting that issuing patents is the agen- ly,“We a publisher have of rules computer in place,guides and and a they’resay, that thesay, courts, that the lawmakers courts, lawmakers and Sil- andpatent Sil- is violated.patent is violated. it should beit shouldapproved be appor rrovedejected,” or r saidejected,”climbing. said climbing. software patent critic. “A patent is a might also require reducing the dura- mental change. Since the patent system bread), and useful (someone can’t pat- cy’s job. In a statement, the agency said softwaregetting patentbetter. critic. “A patent is a icon Valleyicon must Valley find theirmust own find fixes.their own fixes.These andThese dozens and of dozens other narrow of other narrow Robert Budens,Robert a Budens,22-year patent a 22-year exam- patent exam-By all accounts,By all accounts,there have there been have im- been im- government-sanctioned monopoly, and tion of patents on digital technologies, was overseen by Thomas Jefferson, the government-sanctioned monopoly, and One optionOne is judicial option is activism. judicial Thisactivism.battles This havebattles paralyzed have paralyzedCongress’s Congress’s abil- abil- ent an invisibility machineiner and presidentiner if invisibility and ofpresident the examiners’ of theit examiners’ had la- spentprovements la- theprovements in lastthe patent threein the office patent years since office since“And weif someone should be very gets cautious a bad about patent, hand- so we should be very cautious about hand- year, Judgeyear, Posner,which Judge in can Posner,an Illinoisbe asin anfederal long Illinois as federal20 years.ity “That to make realUnited changes, States lawmakers has awarded ownership is impossible). bor union. bor“I’m union. not going “I’m tonot pretend goingstrengthening to like pretendDavid like J. policies KapposDavid J. took toKappos overimprove as took director over pat- as in director in ing those out.” ity to make real changes, lawmakers ingwhat?” those out.” he said. “You can requestcourt, a re- tossedcourt,would out tossed patent make out arguments a patent big difference,” argumentsand lobbyists heand said. say.lobbyists The last say. attempt, The last the attempt, the we get it rightwe get every it right time.” every time.” 2009. In an2009. interview, In an interview, Mr. Kappos Mr. said Kappos said Others say the system works fine. of an innovation to whoever created the “If you give the same application to 10 ent quality. Besides, Mr. Kappos said, examination.Others say the system You can works go fine. to courtmade to in- by bothmade Apple by both and Apple Motorola and Mo-MotorolaAmerica Mo- InventsAmerica Act,Invents which Act, was which passed was passed To receiveTo a receive patent, a an patent, invention an inventionthe lengthythe back-and-forth lengthy back-and-forth between ex- between ex- “Intellectual property is property, “After five years, these patents are first prototype, a policy known as “first different examiners, you’ll get 10 differ- “we realize that only a handful of these “Intellectual property is property, bility in ability 38-page in a opinion 38-page that opinion dis- thatlast dis- year, last achieved year, mostly achieved administra- mostly administra- must be novelmust (substantiallybe novel (substantially different differentaminers andaminers Apple and was Apple evidence was thatevidencevalidate that just the like a patent. house, and Even its owners rules deserve that mainly traps for the unwary.” just like a house, and its owners deserve missed a lawsuitmissed betweena lawsuit the between two com- the twotive com- fixes, tivelike fixes, making like itto makingeasier invent.” for it easierout- Under for out- the America Invents ent results,” said from Raymond whatfrom exists), Persino, what not exists), a obvious notpatents (one obvious willthe (one systembe reallythe worked. system important.” worked. need impprotection,”rovements said are Jay better P. Kesan, than a law no protection,” said Jay P. Kesan, a law panies. Cleaningpanies.Ideas upCleaning the have patent up also the mess, come patent siders from mess, topolicy challengesiders ex- to achallenge patent’sAct, avalidity. ownership patent’s validity. will be awarded to who- patent lawyer whocan’t worked patentcan’t as a new anpatent toaster exam- a new simply toaster by simplyex- by“It’s ex- called“It’s the calledpatent the office,” patent he office,”said, he said, professor at the University of Illinois. However, patent 8,086,604 has proved professorrules at atall.” the University of Illinois. Judge PosnerJudge said Posner in an said interview, in an interview,The new The law newdid make law did one make funda- one funda- panding itpanding to handle it to five handle slices five of slicesnoting of thatnoting issuing that patents issuing is patentsthe agen- is the agen- “We have rules in place, and they’re perts and Silicon Valley. The Federal ever submits the first application, or iner from 1998 to 2005. very important. In February, Apple “WeFive have years rules inago, place, Congress and they’re was debat-might alsomight require also reducing require the reducing dura- themental dura- change.mental Since change. the patentSince the system patent system bread), andbread), useful and (someone useful (someone can’t pat- can’tcy’s pat- job. Incy’s a statement, job. In a statement, the agency the said agency said getting better. Reserve Bank of St. Louis recently pub- “first to file.” getting better. tion of patentstion of on patents digital on technologies, digital technologies,was overseenwas byoverseen Thomas by Jefferson, Thomas Jefferson,the the After patent 8,086,604ent an invisibility ent was an firstinvisibility machine re- if machine invisibilitysued if Samsunginvisibilityit had in spentit a hadCalifornia the spent last the threecourt, last years ar- three ing years how to“And fix if thesomeone patent gets systema bad patent, when so “And if someone gets a bad patent, so which can whichbelished as longcan be aas as working20 longyears. as “That20 paper years. United“That calling States United for has the States awarded hasThe ownership awarded shift, ownershipinventors like Mr. Perlman jected in 2007, Apple’sis impossible). lawyersis impossible). made guing thatstrengthening 17 ofstrengthening Samsung’s policies to policies improve smart- to pat-improvean pat- inventorwhat?” named he said. Stephen “You can G.request Perlman a re- what?” he said. “You can request a re- would makewould abolition a big make difference,” a ofbig difference,” patents, he said. hesayingof said.an innovation theyof an innovation doto whoeversay, to created whoever makes the created life harder the for small entre- “If you give“If the you same give application the same application to 10 ent to quality.10 ent Besides, quality. Mr. Besides, Kappos Mr. said, Kappos said, examination. You can go to court to in- small adjustments to the application, phones and tablets violated 8,086,604. In examination.went to Capitol You can Hill. go to court to in- “After five“After years, five these years, patents these are patentsfirst are prototype,first prototype, a policy known a policy as known “first as “first different examiners,different examiners, you’ll get 10you’ll differ- get 10 “wediffer- realize“we that realize only athat handful only aof handful these of these validate the patent. Even rules that more harm than good. preneurs. Large companies with battal- changing the word “documents” to June, a judge banned sales of Sam- validateMr. Perlman the patent. worked Even rules at Apple that mainly in the trapsmainly for the traps unwary.” for the unwary.” to invent.”to Under invent.” the Under America the Invents America Invents ent results,”ent said results,” Raymond said Raymond Persino, a Persino,patents a willpatents be really will important.” be really important.” need improvements are better than no Another idea is to create different need improvements are better than no Ideas haveIdeas also havecome also from come policy from ex- policyAct, ex- ownershipAct, ownership will be awardedions will be of to awarded who- lawyers to whocan file thousands of “items of information”patent and lawyerpatent inserting who lawyer worked the who as worked ansung’s exam- as anGalaxy exam- NexusHowever, phone, patent validating 8,086,604 has proved1980s. Today,rules at heall.” runs a start-up incuba- However, patent 8,086,604 has proved rules at all.” perts andperts Siliconclasses and Valley. Siliconof patents, The Valley. Federal so The that Federalever some submits kindsever the submits of first pre-emptive application, the first application, or patent or applications in iner from 1998iner tofrom 2005. 1998 to 2005. very important. In February, Apple Five years ago, Congress was debat- phrase “heuristic modules” to refer to 8,086,604 very and important. ruling that In the February, phone Apple in- torFive called years Reardenago, Congress in Sanwas debat-Francisco.Reserve He BankReserve of St. Bank Louis of recently St. Louis pub- recently“first pub- to file.”“first to file.” After patent 8,086,604 was first re- sued Samsung in a California court, ar- ing how to fix the patent system when inventions, like pharmaceuticals, would emerging industries. Start-ups, lacking bits of software code.After A few patent years 8,086,604 later, was first re- sued Samsung in a California court, ar- ing how to fix the patent system when lished a workinglished a paper working calling paper for calling the for the The shift, inventors like Mr. Perlman jected in 2007, Apple’s lawyers made guing that 17 of Samsung’s smart- an inventor named Stephen G. Perlman receive 20 years of ironcladThe protection, shift, inventors likesimilar Mr. Perlman resources, will find themselves jected in 2007, Apple’s lawyers made guing that 17 of Samsung’s smart- an inventor named Stephen G. Perlman abolition abolition of patents, of saying patents, they saying do they do say, makes life harder for small entre- the inclusion of the wordsmall “predeter- adjustments to the application, phones and tablets violated 8,086,604. In went to Capitol Hill. say, makes life harder for small entre- small adjustments to the application, phones and tablets violated 8,086,604. In went to Capitol Hill. more harmmore thanwhile harm good. others, than good. like software, wouldpreneurs. re- Largeeasy companies prey with once battal- their products show mined” further narrowedchanging Apple’s the ap- word “documents” to June, a judge banned sales of Sam- Mr. Perlman worked at Apple in the preneurs. Large companies with battal- changing the word “documents” to June, a judge banned sales of Sam- Mr. Perlman worked at Apple in the Another ideaAnotherceive is shorter to idea create is and to different create more different flexibleions of lawyersterms.ions of can lawyers filepromise. thousands can file thousands of of “items of information” and inserting the sung’s Galaxy Nexus phone, validating 1980s. Today, he runs a start-up incuba- proach. “items of information” and inserting the sung’s Galaxy Nexus phone, validating 1980s. Today, he runs a start-up incuba- classes of patents,classesA of thirdso patents, that suggestionsome so thatkinds some of was kindspre-emptive made of pre-emptive by patent the applications patentThat applications is the in concern in of people like Mr. phrase “heuristicphrase “heuristic modules” modules” to refer to to refer8,086,604 to and8,086,604 ruling and that ruling the phone that the in- phonetor called in- Reardentor called in Rearden San Francisco. in San Francisco. He He inventions, like pharmaceuticals, would emerging industries. Start-ups, lacking These changes had littlebits substantial of software code. A few years later, inventions, likeInternet pharmaceuticals, company would Twitter,emerging which industries. re- Start-ups,Phillips, lacking the voice recognition specialist bits of software code. A few years later, receive 20receive years of 20 ironclad years of protection, ironclad protection, similar resources, will find themselves impact, said experts who thereviewed inclusion the of the word “predeter- similar resources, will find themselves the inclusion of the word “predeter- while others,whileleased like others, software, an like “Innovator’s software, would re- would easy Patent re- prey easy Agree- once prey their once productsand their one-time productsshow Siri show partner who founded mined” further narrowed Apple’s ap- application for Themined” Times. further But nar therowed pat- Apple’s ap- ceive shorterceive and shorter more flexibleand more terms. flexible terms.promise. promise. proach. ment” this year intended to give soft- Vlingo. “Start-ups are where progress ent office slowly beganproach. to come around A third suggestionA third suggestion was made was by the made byThat the is theThat concern is the of concern people likeof people Mr. like Mr. These changes had little substantial ware engineers some control over how occurs,” he said in an interview. “If you These changes had little substantial Internet companyInternet company Twitter, which Twitter, re- whichPhillips, re- thePhillips, voice recognitionthe voice recognition specialist specialist to Apple’s point of view. impact, said experts who reviewed the their creations are used. Under the spend all your time in court, you can’t impact, said experts who reviewed the leased an leased “Innovator’s an “Innovator’s Patent Agree- Patent Agree-and one-timeand Sirione-time partner Siri who partner founded who founded Though submitting an applicationapplication for re- The Times. But the pat- application for The Times. But the pat- ment” thisment” yearterms thisintended yearof the to intended give agreement, soft- to giveVlingo. soft- companies “Start-upsVlingo. “Start-ups are wherecreate are progress much where technology.” progress ent office slowly began to come around peatedly can incurent large office legal slowly fees, began it to is come around ware engineerswarepledge engineerssome that control some patents over control how will over beoccurs,” how used he onlyoccurs,” said forin hean saidinterview. in an interview.“If you “If you to Apple’s point of view. In June, Mr. Phillips started work at often effective. Aboutto Apple’s 70 percent point of view.of pat- their creationstheir creations are used. are Under used. the Underspend the all yourspend time all your in court, time you in court, can’t you can’t Though submitting an application re- defensive purposes. his new employer, and former court- ent applications areThough eventually submitting an ap- application re- terms of terms the agreement, of the agreement, companies companiescreate muchcreate technology.” much technology.” peatedly canpeatedly incur canlarge incur legal large fees, legalit is fees, it is pledge thatpledge patents“We’re that will patents be just used will tryingonly be forused to only doIn for June, something Mr.In June,Phillips Mr. startedroom Phillips adversary,work started at work Nuance. at Theoretically, proved after an applicantoften effective.often has Abouteffective. altered 70 percentAbout 70 of percent pat- of pat- defensive purposes.defensivemodest,” purposes. said Benjaminhis Lee, new Twitter’s employer,his new employer, andhis former job and court-was former to help court- manage the compa- claims, tinkered withent language applicationsent applications or are worn eventually are eventually ap- ap- “We’re just“We’relegal trying counsel. just to trying do something to do somethingroom adversary,room adversary, Nuance.nies’ Theoretically, Nuance. integration Theoretically, and find new techno- down the patent examiners.proved afterproved an applicant after an applicant has altered has altered modest,” saidmodest,” Benjamin said Benjamin Lee, Twitter’s Lee, Twitter’shis job washis to job help was manage to help the manage compa- the compa- claims, tinkeredclaims, with tinkered language with orlanguage worn or worn legalSimilarly, counsel. law school faculty nies’ at the integrationlogical and findfrontiers new techno- to explore. With a back- One consequence is that patents are legal counsel. nies’ integration and find new techno- down the patentdown theexaminers. patent examiners. Similarly, Similarly,University law school law faculty of school California, at faculty the logical atBerkeley, the frontierslogical have to frontiers explore.ground to With explore. a back- at With M.I.T. a back- and Carnegie Mellon, sometimes granted One for consequence ideasOne consequencethat is that al- patents is that are patents are UniversityUniversity ofproposed California, of California, Berkeley,a “Defensive Berkeley, have Patentground have atLicense” ground M.I.T. and at M.I.T. Carnegiehe andis widely Mellon,Carnegie acknowledged Mellon, as one of the ready exist. sometimessometimes granted for granted ideas for that ideas al- that al- proposed aproposed “Defensivein which a “Defensive Patent companies License” Patent wouldLicense”he is widely contributehe acknowledged is widely acknowledgedmost as one innovative of the as one of the thinkers in computer ready exist. in which companies would contribute most innovative thinkers in computer In 1999, for instance,ready exist. two men re- in which companies would contribute most innovative thinkersspeech. in computer In 1999, forIn 1999,instance, for instance,two men two re- men re- patents to patentsa patentscommon to a pool commonto athat common shieldedpool that pool shieldedspeech. that shieldedspeech. ceived a patent forceived a crustless, a patentceived for a sealed patent a crustless, for a crustless, sealed sealed participantsparticipants participants from litigious from aggressors. litigiousfrom litigious aggressors.But aggressors. he spentBut much he spent of the muchBut summer ofhe the spent on summer much on of the summer on peanut butter and peanutjelly sandwich.butterpeanut and butter jelly (The sandwich.and jelly sandwich.(The (The NATHANNATHAN WEBER WEBERNATHAN FOR THE WEBERFOR NEW THE YORKFOR NEWTHE TIMES NEW YORK YORK TIMES TIMESCompanies Companies wouldCompanies be allowedwould would be to allowed partici- be allowedto partici-vacation, to recuperatingvacation,partici- recuperating fromvacation, the last from recuperatingsix the last six from the last six J. M. Smucker companyJ. M. Smucker J. acquired M. Smuckercompany the company acquired theacquired the pate as longpate as as they long did as not they become did not becomebruising years.bruising And years. in September, And in September, he he patent and used it to sue other food“There’s“There’s a real chaos. a real The chaos. standards The standards for granting for granting patents patents first-strikepate as plaintiffs. long asThe they benefit did is that not becomequit. He plans bruisingto leave voice years. recognition And in September, he patent and used patent it to sueand used other it to food sue other food“There’s a real chaos. The standards for granting patentsfirst-strike plaintiffs. The benefit is that quit. He plans to leave voice recognition makers. Inmakers. 2007, after In 2007, press after scrutiny, press scrutiny, are too loose.”are too loose.” “you don’t“you havefirst-strike don’t to worry have plaintiffs. toabout worry your about Thealtogether, yourbenefitaltogether, heis hasthat told he friends, quit.has told He and friends, plansfind and to leavefind voice recognition makers. In 2007, federal after officials pressfederal canceled scrutiny, officials the canceled patent.) the patent.) are too loose.” patent beingpatent“you weaponized” being don’t weaponized” and have used to andto worry usedan industry to aboutan with industryyour less treacherouswithaltogether, less treacherous pat- he has pat- told friends, and find federal officials canceledA year the earlier,A patent.) year the earlier, patent the office patent had office had RICHARD A.RICHARD POSNER, A. federal POSNER, appellate federal judgeappellate judge attack competitors,attackpatent competitors, being said Jason weaponized” said M. Jasonent terrain. M. and usedent terrain. to an industry with less treacherous pat- A year earlier, the patent office had RICHARD A. POSNER, federal appellate judge attack competitors, said Jason M. ent terrain. For Apple’s 8,086,604, the examiners finally June, a judge banned sales of Samsung’s Galaxy relented last December and issued a patent. Nexus phone, validating 8,086,604 and ruling that “Apple got another warhead in its arsenal, the phone infringed on Apple’s patent because but there’s no big invention here,” said David J. it featured a “Google quick search box” that al- Pratt, president of M-CAM, the patent analysis lowed users to enter one search term, either firm, who analyzed the application for The Times. typed or spoken, that returned results simulta- The patent office declined to discuss neously from the Internet, contacts stored on the 8,086,604. Officials pointed out that the agency’s phone and recently visited Web sites. (The ban 7,650 examiners received more than half a mil- has been stayed while under appeal.) lion applications last year, and the numbers have kept climbing. Searching for Fixes By all accounts, there have been improve- Some experts worry that Apple’s broad ments in the patent office since David J. Kappos patents may give the company control of tech- took over as director in 2009. In an interview, Mr. nologies that, over the last seven years, have Kappos said the lengthy back-and-forth between been independently developed at dozens of examiners and Apple was evidence that the sys- companies and have become central to many tem worked. devices. “It’s called the patent office,” he said, not- “Apple could get a chokehold on the smart- ing that issuing patents is the agency’s job. In a phone industry,” said Tim O’Reilly, a publisher statement, the agency said it had spent the last of computer guides and a software patent crit- three years strengthening policies to improve ic. “A patent is a government-sanctioned mo- patent quality. Besides, Mr. Kappos said, “we re- nopoly, and we should be very cautious about alize that only a handful of these patents will be handing those out.” really important.” Others say the system works fine. However, patent 8,086,604 has proved very “Intellectual property is property, just like important. In February, Apple sued Samsung in a house, and its owners deserve protection,” a California court, arguing that 17 of Samsung’s said Jay P. Kesan, a law professor at the Uni- smartphones and tablets violated 8,086,604. In versity of Illinois. “We have rules in place, and they’re getting better. ironclad protection, while others, like software, “And if someone gets a bad patent, so would receive shorter and more flexible terms. what?” he said. “You can request a re-exam- A third suggestion was made by the Inter- ination. You can go to court to invalidate the net company Twitter, which released an “Inno- patent. Even rules that need improvements vator’s Patent Agreement” this year intended are better than no rules at all.” to give software engineers some control over Five years ago, Congress was debating how their creations are used. Under the terms how to fix the patent system when an inven- of the agreement, companies pledge that pat- tor named Stephen G. Perlman went to Capitol ents will be used only for defensive purposes. Hill. “We’re just trying to do something mod- Mr. Perlman worked at Apple in the 1980s. est,” said Benjamin Lee, Twitter’s legal coun- Today, he runs a start-up incubator called sel. Rearden in San Francisco. He holds 100 pat- Similarly, law school faculty at the Uni- ents — including for the software behind the versity of California, Berkeley, have proposed reverse aging in the film “The Curious Case of a “Defensive Patent License” in which com- Benjamin Button” — and has about 100 more panies would contribute patents to a common applications pending. pool that shielded participants from litigious Patents are crucial to his business, Mr. Perl- aggressors. Companies would be allowed to man said, particularly in raising money from participate as long as they did not become venture capitalists and deterring large compa- first-strike plaintiffs. The benefit is that “you nies from copying his innovations. “When we don’t have to worry about your patent being file a patent application, it’s a big deal,” he said. weaponized” and used to attack competitors, When Mr. Perlman went to Congress, he said Jason M. Schultz, an assistant professor brought ideas to protect small inventors. He who helped design the license. wasn’t alone in suggesting solutions. Thou- But to really make a difference, such ideas sands of companies, from start-ups like Vlingo require the participation of large technology to large technology firms, have argued that a companies, and the incentives to cooperate are well-functioning patent system is essential to small. So some frustrated engineers have be- their success. The problems with the current come outspoken advocates for reform. system are so pervasive, they say, that the Mr. Perlman, the independent inventor, for courts, lawmakers and Silicon Valley must find instance, was hopeful his voice would be heard their own fixes. on Capitol Hill. But alongside Mr. Perlman were One option is judicial activism. This year, hundreds of lobbyists from high-tech corpora- Judge Posner, in an Illinois federal court, tossed tions and the pharmaceutical industry, which out patent arguments made by both Apple and often push conflicting proposals. Big technol- Motorola Mobility in a 38-page opinion that dis- ogy companies, in general, want to limit the missed a lawsuit between the two companies. financial damages juries can award for minor Cleaning up the patent mess, Judge Posner patent violations, while drug makers want to said in an interview, might also require reduc- make sure they can sue for billions of dollars if ing the duration of patents on digital technolo- a single patent is violated. gies, which can be as long as 20 years. “That These and dozens of other narrow battles would make a big difference,” he said. “After have paralyzed Congress’s ability to make real five years, these patents are mainly traps for changes, lawmakers and lobbyists say. The the unwary.” last attempt, the America Invents Act, which Ideas have also come from policy experts was passed last year, achieved mostly admin- and Silicon Valley. The Federal Reserve Bank istrative fixes, like making it easier for outsid- of St. Louis recently published a working paper ers to challenge a patent’s validity. calling for the abolition of patents, saying they The new law did make one fundamental do more harm than good. change. Since the patent system was overseen Another idea is to create different classes by Thomas Jefferson, the United States has of patents, so that some kinds of inventions, awarded ownership of an innovation to whoev- like pharmaceuticals, would receive 20 years of er created the first prototype, a policy known as “first to invent.” Under the America Invents you can’t create much technology.” Act, ownership will be awarded to whoever In June, Mr. Phillips started work at his submits the first application, or “first to file.” new employer, and former courtroom adver- The shift, inventors like Mr. Perlman say, sary, Nuance. Theoretically, his job was to help makes life harder for small entrepreneurs. manage the companies’ integration and find Large companies with battalions of lawyers new technological frontiers to explore. With a can file thousands of pre-emptive patent ap- background at M.I.T. and Carnegie Mellon, he plications in emerging industries. Start-ups, is widely acknowledged as one of the most in- lacking similar resources, will find themselves novative thinkers in computer speech. easy prey once their products show promise. But he spent much of the summer on va- That is the concern of people like Mr. Phil- cation, recuperating from the last six bruising lips, the voice recognition specialist and one- years. And in September, he quit. He plans to time Siri partner who founded Vlingo. “Start- leave voice recognition altogether, he has told ups are where progress occurs,” he said in an friends, and find an industry with less treach- interview. “If you spend all your time in court, erous patent terrain. n