Using Mac OS X's Software Update system preferences pane to update your operating system and Apple-made applications could become a thing of the past, if a lawsuit pending against Apple Computer Inc. and Microsoft Corp. gets its way. Both companies have been named as defendants in a lawsuit recently filed in the Federal Court for the Northern District of California. The plaintiff in the case is Teleshuttle Technologies LLC. The suit alleges that Apple and Microsoft are infringing a patent that covers online software updates. [MacCentral]Patent 6,557,054.
It's based on a string of applications dating back to 1994, although the patent in question was applied for in the year 2000. It may be possible for this patent to be attacked based on a principle known as "prosecution laches." This principle says that if material is disclosed but not claimed until much later, then such a patent may be held by the courts to be unenforceable. The underlying idea is that an inventor is supposed to claim an invention within a reasonable time frame so that the 20-year clock can start ticking. That way the time when the invention will be free for everyone to use will come sooner. The law wants to reward the inventor, but not let him play the system to extend his reward indefinitely.
It will be interesting to see if Apple and/or Microsoft use that principle in their defense.
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