Delaware Business Blog

UD at Center of iPhone Patent Controversy

Apple is calling out it’s rivals and vowing to defend patents it holds on multiple finger touch screen technology. That kind of talk, with Palm, Microsoft, HTC and Garmin in the cross hairs will generate a lot of scrutiny of the patents in question. Some are claiming that the patent issued to Apple was granted in error. The application did not disclose prior art from Bell Labs and others.

The clincher is a patent issued to the University of Delaware, Wayne Westerman, and his partner John Elias. According to macnn.com

“The key here is that Westerman’s Ph.D. thesis shows he was aware of Bell Labs and other prior art and gestures such as pinching,” says Perez-Fernandez.

“Also, Westerman’s key patents were earned when he worked for the University of Delaware. That means, they belong to the University and some of the later patents may not be innovative enough to deserve getting granted.”

So can you patent a pinch? Yes. Will it hold together? Maybe not. This is a high stakes game.

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