:-( Samsung, Research In Motion Sued For Making It Easy To Use Emoticons

from the thus,-infringing-a-patent dept

Mon, Mar 19th 2012 11:39am — Mike Masnick

All the way back in 2001, we wrote about how the brilliant satirists at Despair Inc. successfully trademarked :-( and announced that they planned to sue 7 million internet users for violating the trademark. The actual announcement was pretty funny -- even though not everyone got the joke. In 2006, we also had a story that mentioned a whole bunch of patents and patent applications related to emoticons.

It appears that one of those is now being used in a lawsuit against Samsung and RIM for having the gall to create a button that makes it easy to pick an emoticon without typing it in. The patent in question (US Patent 7,167,731) really is for having a button that lets you pick emoticons. How this is possibly patentable is beyond me. But, for some reason, examiner Lee Nguyen thought it was somehow non-obvious. The patent was originally assigned to Wildseed, a mobile accessories firm that AOL bought in 2005. The patent itself then went to Varia Mobil, who moved it to Varia Holdings to Varia and back to Varia Holdings. It's Varia Holdings bringing the lawsuit. Varia appears to just be a trolling operation (of course).

It's fairly stunning that anyone considered this a valid patent at any point. That it's now being used as the basis for a lawsuit should (once again) raise significant questions about the USPTO's approval process for patents.

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Filed Under: emoticons, patents, software patents
Companies: rim, samsung, varia

48 Comments

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Anonymous Coward, 19 Mar 2012 @ 11:43am

Excuse me, I need to go palm my face.
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fogbugzd (profile), 19 Mar 2012 @ 11:47am

There are four different patents on using a laser pointer to tease a cat. There is also one for using a flashlight to tease a cat, but apparently that didn't count as prior art.

If using a laser pointer to tease a cat is non-obvious, then why should we be surprised when anything else is found non-obvious?
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Anonymous Coward, 19 Mar 2012 @ 11:50am

It's not any better or any worse than "one click buying" at Amazon.
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Anonymous Coward, 19 Mar 2012 @ 11:52am

Re:
you can't, i already patented and trademark both the phrase and the action. I then sold it for millions to Varia. Expect a lawsuit in the mail.

Part of it will be seizing the computer you used and all the area around it. Shame on you for stealing my original idea that no one would have ever thought of had it not been for me.
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Chosen Reject (profile), 19 Mar 2012 @ 11:56am

Re:
But it is non-obvious. No one in the existence of mankind has ever thought about using a button to represent and perform a series of commands, especially such commands as entering two or more characters. Ever. If you don't believe me, I will be forced to say "ever" again, and if you get belligerent then I'll say "never" very forcefully. This is my argument.

Also, I did not type this on a Windows machine that uses both carriage return and line feed to represent new lines and are both entered when pressing the "Enter" key. That is a violation of this patent, obviously, and my use of that vile, patent infringing OS would be aiding and abetting the enemy.

Also, EVER!
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Nick Dynice (profile), 19 Mar 2012 @ 11:56am

Every time someone successfully files and receives approval on a patent, they have created an unlimited amount of precision financial missiles that can be deployed by any number of owners, future innovation terrorist organizations or individuals, against real innovators shipping financially viable products in the marketplace. I wonder if Lee Nguyen is proud of this. We know people like Andy Baio and Stephan Brunner are not.
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Anonymous Coward, 19 Mar 2012 @ 11:57am

Can I patent patent trolling?
I mean since the fact it's been done before apparently doesn't constitute prior art, I should be able to patent it and then sue people who do it.
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Anonymous Coward, 19 Mar 2012 @ 11:58am

Re:
I am patenting interlocking hoops and needle object into a shape that can never be fully described perfectly by math. This is for the express use of entertaining Felis domesticus. Any other uses are prohibited by law. Reverse engineering of the object will lead to execution by a flogging from small animals.

And that is how you get a patent for an obvious device. In this case a piece of double sided velcro wrapped in a circle.
Oddly the cat loves this more then any of the other toys. Go figure.
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Alessar (profile), 19 Mar 2012 @ 12:00pm

I met a patent examiner once
There was a guy I played an online game with once. His mental processes were quite atypical. Somehow anal-retentive and clueless at the same time, with little or no common sense. Not quite the same as some people I've known with Aspberger's; but really just in his own world. Anyway, I asked what he did one day and found out he was a patent examiner and then it all made sense.
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Anonymous Coward, 19 Mar 2012 @ 12:15pm

Re: Can I patent patent trolling?
You can patent it, but you must use a deceptive and over-complicated language in the patent application. And for best results, add "on the Internet" to the patent application.
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Ruben, 19 Mar 2012 @ 12:19pm

I've got it! All patent examiners are promoted from the front lines of the TSA!! Idiocracy FTW!!!
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ChurchHatesTucker (profile), 19 Mar 2012 @ 12:22pm

patent examiner Lee Nguyen
It is confounding that patent examiner Lee Nguyen thought this was non-obvious.

Especially since this was filed after examiners were allowed to use Google and a cursory search should have led patent examiner Lee Nguyen to realize that sending many more characters than keypresses happened every time patent examiner Lee Nguyen used the "paste" function on patent examiner Lee Nguyen's computer.

Attn: patent examiner Lee Nguyen
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Anonymous Coward, 19 Mar 2012 @ 12:28pm

:o
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Baldaur Regis (profile), 19 Mar 2012 @ 12:31pm

Re:
Every time someone successfully files and receives approval on a patent, a puppy gets kicked.

These patent wars are like a Mexican standoff where somebody was actually stupid enough to fire first. Now everybody is suing everybody else, and the only ones innovating are the lawyers with their "I'm gettin' richer by da moment" dance routines.
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blakey, 19 Mar 2012 @ 12:32pm

Opera Mail calls that button insert>Smiley, not Emoticon
so its probably not covered by this patent?
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KelvinZevallos (profile), 19 Mar 2012 @ 12:36pm

My face after reading the article: )-:
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Anonymous Coward, 19 Mar 2012 @ 12:36pm

Re:
and that makes it OK?
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TtfnJohn (profile), 19 Mar 2012 @ 12:40pm

You have GOT to be kidding!
No the lawsuit by the patent troll, that's predictable.

This got a patent?????????

Does any sentient creature not understand now why software patents are a horrible, bad, terrible thing?

(Sentient creature automatically rules out the majority of IP maximalist trolls here, by the way.)
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Baldaur Regis (profile), 19 Mar 2012 @ 12:42pm

Re: Re: Can I patent patent trolling?
Sorry, adding "on the Internet" to a patent application is a patent-pending process. Also, "on the Internet" is trademarked.
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Robert Doyle (profile), 19 Mar 2012 @ 12:52pm

Re: Re:
Never mind the computer - we want his hand and his face as they were the instruments used and as such he should no longer have access to them. Three strikes my ass!
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Anonymous Coward, 19 Mar 2012 @ 12:56pm

Re: Re: Re:
Three palms strike your ass?
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Torg (profile), 19 Mar 2012 @ 12:58pm

Re: Re: Re: Re:
I think there's a porn company with copyright on that one.
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Matt, 19 Mar 2012 @ 1:15pm

What a joke
This is news? The judge should burn that patent in his/her court room, then send this loser packing.
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V (profile), 19 Mar 2012 @ 1:18pm

For goodness sake...
Will someone PLEASE patent the idea of patenting ideas and then suing people/companies while never actually doing anything with the idea.

And while you're at it, patent the idea of patenting stupid ideas by adding "on a mobile device" and "on the internet".

Don't worry about prior art... the patent office doesn't.
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Ruud (profile), 19 Mar 2012 @ 1:25pm

Software patents
This feels like a car manufacturer suing the competition for placing the steering wheel and pedals in exactly the same position in their cars.
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radarmonkey (profile), 19 Mar 2012 @ 1:42pm

The one word I haven't seen mentioned....
MACRO. That's all this 'patent' is. A key-binding macro.
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Glaze (profile), 19 Mar 2012 @ 1:43pm

Re:
Like this?

............................................________
....................................,.-'"...................``~.,
.............................,.-"..................................."-.,
.........................,/...............................................":,
.....................,?......................................................,
.................../...........................................................,}
................./......................................................,:`^`..}
.............../...................................................,:"........./
..............?.....__.........................................:`.........../
............./__.(....."~-,_..............................,:`........../
.........../(_...."~,_........"~,_....................,:`........_/
..........{.._$;_......"=,_......."-,_.......,.-~-,},.~";/....}
...........((.....*~_......."=-._......";,,./`..../"............../
...,,,___.`~,......"~.,....................`.....}............../
............(....`=-,,.......`........................(......;_,,-"
............/.`~,......`-...................................../
.............`~.*-,.....................................|,./.....,__
,,_..........}.>-._...................................|..............`=~-,
.....`=~-,__......`,.................................
...................`=~-,,.,...............................
................................`:,,...........................`..............__
.....................................`=-,...................,%`>--==``
........................................_..........._,-%.......`
...................................,
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Atkray (profile), 19 Mar 2012 @ 1:46pm

Re: You have GOT to be kidding!
(Sentient creature automatically rules out patent examiners and the majority of IP maximalist trolls here, by the way.)

FTFY
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Anonymous Coward, 19 Mar 2012 @ 1:52pm

filed in 2005.. and i'll even give them the line about "continuation of prior application filed in 2001"

every IM client and forum I used from mid to late 90's through early 2000's had this [useless] feature

Lee Nguyen... c'mon man
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Anonymous Coward, 19 Mar 2012 @ 1:54pm

Re: Re:
i hope you did't ctrl-v that.. expect to be sued
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Anonymous Coward, 19 Mar 2012 @ 2:08pm

How said.

*Frowns

*Quickly looks around to make sure no lawyers saw
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PRMan, 19 Mar 2012 @ 2:57pm

Re: Re: Can I patent patent trolling?
Exactly. I used to work at a University and one of the Science professors had a broken clock. He tried to order a clock for $10 and was shot down by Finance. So, then he ordered a chronometer for $100 and was approved.
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Spaceman Spiff (profile), 19 Mar 2012 @ 3:09pm

My only comment on this is
ARRRRRRRRRRRRRRRRRRGH!!!!
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Anonymous Coward, 19 Mar 2012 @ 3:28pm

This should be a non-event. The Macro is prior art
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MahaliaShere (profile), 19 Mar 2012 @ 3:39pm

admit it
I lol'ed at the title. Now all I can do is sigh.

But why stop at Samsung and RIM? Just saying.
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JayTee (profile), 19 Mar 2012 @ 4:03pm

Re: admit it
I was thinking that myself. If they're really so confident in their amazing patent why not sue the entire internet?
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TtfnJohn (profile), 19 Mar 2012 @ 4:52pm

Re: Re: You have GOT to be kidding!
so you did!
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John, 19 Mar 2012 @ 6:32pm

Re: one click
The audacity of Amazon: Someone else invented the mouse click and other people purchasing online, and Amazon claim to have invented "1 click buying". It makes a mockery of the patent system.
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The Devil's Coachman (profile), 19 Mar 2012 @ 7:55pm

Re: I met a patent examiner once
Well, the money he makes granting bogus patents probably pays for the quicklime he uses to dispose of the young mens' bodies in his crawlspace. And for the video games he enticed them there with.
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Anonymous Coward, 19 Mar 2012 @ 9:39pm

Junk Patent Problem
This patent is yet another example of the junk patent problem.That problem will be with us for as long as the patent system still exists.
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Anonymous Coward, 19 Mar 2012 @ 9:41pm

Re: patent examiner Lee Nguyen
The problem is that patents are written in overly obtuse ways so a google search will come up with nothing. They need to hire people with basic knowledge of what's trying to be patented instead of getting any old schmuck to decide if "that thing on the fairy box" is nonobvious.
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techflaws.org (profile), 19 Mar 2012 @ 10:58pm

Re: Can I patent patent trolling?
I mean since the fact it's been done before apparently doesn't constitute prior art

And why is that? Because the guys at the USPTO are morons or greedy bastards who wave anything through just to make a dime?
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DoN0tReply (profile), 20 Mar 2012 @ 3:22am

Patent/Copyright status: Expired.
Patents and Copyright hinder innovation, I therefore call for the scrapping of them as they no longer serve the spirit of the law associated with these things.
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Ninja (profile), 20 Mar 2012 @ 5:06am

Stockpile your :-) s and :-( s, we are gonna need them in the near future!
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Anonymous Coward, 20 Mar 2012 @ 8:30am

I am curious if anyone noticed the complaint recited the pendency of a lawsuit between Samsung as plaintiff/patent holder and Apple as an alleged infringer. The patent? Emoticons on mobile devices, as is asserted here against Samsung.

For the benefit of those inclined to criticize the patent examiner, while I suspect that subjectively he probably felt the same way of most persons commenting here, he is bound by law to use objective evidence in considering the allowability of patent claims.

I have no doubt there is objective evidence residing somewhere. The difficulty, however, is finding it, a task that is not as easy as many seem inclined to believe.
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Gene Cavanaugh (profile), 20 Mar 2012 @ 2:57pm

Ridiculous patents
This is Congress at work. They decided the USPTO should be self-supporting, and since they regularly dip into USPTO funds (they say they no longer do that ...), they have put pressure on the USPTO to generate as much funding as possible. The present Director, David Kappos, is doing just that; killing small entity patenting (they pay half-price; can't have that!!), and putting the award for a patent up for sale. Give the USPTO enough money (and there are multiple "legal" ways) and you can patent anything - say, motherhood.
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aikiwolfie, 20 Mar 2012 @ 4:16pm

Didn't all the messenger apps back in the mid 90's, early 2000's all have emoticon buttons? Actually come to think of it the VBulletin forum software has a whole page that shows you all the emoticons available to you on whichever site it's powering and lets you click the emoticon and it then magically appears in your text box.

I remember quite clearly Netscape's e-mail client also had a button for inserting smilies.

This "invention" or "innovation" wasn't just obvious. Everybody was already doing it. The USPTO seriously needs to be sued for incompetence on the job.
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aikiwolfie, 20 Mar 2012 @ 4:26pm

Re: admit it
Going past the RIM is just sick!?!
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