Palm and Apple trade blows over intellectual property

Friday, 06 February 2009 Andrew Young

The gloves are off in the mobile arena. Well, at least between Apple and Palm. Last week, during a conference call between Jason Snell of Macworld and Apple COO Tim Cook, they discussed competitors in the smartphone market. During the interview, Cook appeared to make a cheap shot at Palm.

"We like competition, as long as they don't rip off our [intellectual property], and if they do, we're going to go after anyone who does."

When Snell alluded to the specific issue of multi-touch, citing that Palm seemed to directly emulate the iPhone interface, Cook still didn't want to point fingers:

Don't want to talk about any specific company, just making a general statement. We are ready to suit up and go against anyone. However, we will not stand for having our IP ripped off and will use whatever weapons we have at our disposal.

From this, it's not difficult to see the team of Apple lawyers already lining up in front of Palm headquarters. However, it seems Palm had already put up the shutters. In an article from All Things Digital, when asked if Palm was rattled by Cook's remarks, Palm spokesperson Lynn Fox said not in the least.

“Palm has a long history of innovation that is reflected in our products and robust patent portfolio, and we have long been recognized for our fundamental patents in the mobile space...If faced with legal action, we are confident that we have the tools necessary to defend ourselves.”

The patent battle is just heating up. An article by WirelessWeek reports that Apple plans to trademark the term "multi-touch" in Q1 or Q1, but first has to overcome the fact that DPI patented the term on its switches, switch panels, and communication circuits. However, the application is so different it won't likely infringe on DPI's rights.

In what could amount to a legal headache for Palm and a bounty of fees for pattent attorneys....don't expect lawsuits just yet: Apple can't sue until the Palm Pre is released.

One thing seems for sure; that the Palm Pre is coming whether Apple likes it or not. Whether the legal winds will stay or just blow over is yet to be determined.