Thomas Ross claims the company stole the design for the iPhone from a patent he filed 15 years prior.
An American by the name of Thomas S Ross filed a lawsuit against Apple Inc two days ago, claiming the company copied designs for his (Electronic reading Device) for their iPhone.
Ross claims that he patented a design way back in 1992 for an electronic reading device, a design he says Apple stole to implement in their iPhone, which was first launched in 2007,nearly 15 years later. His case filing includes three hand-drawn designs from the original patent, stating that the ERD, “embodied a fusion of design and function in a way that never existed prior to 1992."
"What Ross contemplated, was a device that could allow one to read stories, novels, news articles, as well as look at pictures, watch video presentations, or even movies, on a flat touch-screen that was back-lit. He further imagined that it could include communication functions, such as a phone and a modem, input/output capability, so as to allow the user to write notes, and be capable of storing reading and writing material utilizing internal and external storage media. He also imagined that the device would have batteries and even be equipped with solar panels"
The thing is, while Ross applied for a patent in November 1992, it was eventually declared “abandoned” in April 1995 by the US Patent and Trademark Office, because he failed to pay the application fees. Ross claims that Apple later resorted to “dumpster diving” and used his designs for their groundbreaking smartphone. As such, he’s suing Apple for US $10 billion, in addition to another 1.5 percent of all future revenue from the iPhone, iPad, and iPod line.
Sure, technology companies have been known to “borrow” ideas from one another all the time. This isn’t necessarily an impossible scenario, until you take a look at the designs themselves.
Images courtesy: MacRumours
Remember, Ross isn’t by any stretch claiming to have invented the iPhone, he’s saying Apple copied the aesthetics of his device. However, while definitely, rectangular with rounded corners (possibly imagined in all white) nothing else about Ross’s design hearkens to Apple’s iPhone. And let’s leave aside the fact that Ross’ patent was abandoned, that legal judgement is up to the court.
However, the place the lawsuit has been filed is also of importance. The number of patent cases file in Florida’s South District Court has grown exponentially in the last few years. The court has reportedly seen a 400 percent rise in the number of patent cases filed yearly since 2009, putting it in the top 10 locations in the US for patent infringement lawsuits. These venues are typically places where “patent trolls”, groups that patent technology and never produce it for sale, instead making money off infringement settlements, are favoured.
While it’s likely not a seriously long term plan to cash in on a major corporation’s success, it’s important to note that the Florida South District Court tends to fast track patent lawsuits, typically seeing trial within 16 months, as opposed to the 2013 national average of 30 months.
What does that mean for Apple? Well, the company isn’t likely to fork over a whopping 10 billion, but it might not be quick to scoff at the case either. Stretched though the claims may seem, it’s not the first time courts have ruled against the company in patent or trademark cases. In that case, Apple might eventually settle with Ross out of court for a considerably smaller, but still major, sum.
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 "DNATechApple, iPhone, Apple, patent infringement, patent troll")
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