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August 31, 2011



Ahh, perhaps you're a lawyer. It's your choice of words and the way that you shift your argument to win. You had said that the patent was about generic electronic devices when Apple specifically lists iPhone and iPod etc.

The bottom line is that the USPTO will determine if this is patentable, not you, I or John. IBM's diagnostic system is no longer with us or Leveno and I think that was the point that John was trying to make, not that IBM the company was stupid.


When you look at the basic pattern that is being patented you must abstract away the specific product from a company, in this case iTunes. You have an electronic device connecting to a software diagnostic. That is the essential element in question. If Apple were to make it iTunes specifically, if Apple were awarded the patent then they would have no basis for infringement if a second party hooked up their electronic device to a software diagnostic named FooBar, because FooBar is not iTunes.

Portability remains irrelevant, or is certainly very arguable. My refrigerator is an electronic device and has wheels, making it portable. Don't conflate portable with small. Words mean things, and one must choose them wisely in patent applications.

BTW, I do believe that IBM remains a fairly sizeable and successful company, about $30B more annually than Apple.

It appears you require Mac ownership to have an opinion here. I am glad I own one.

@ Grimm.

Proof #1

In Apple's patent background they state, "When an electronic device (e.g., a media player or a portable telephone) becomes corrupted.." The context throughout the patent is about portables. What aren't you getting?

Proof #2

The solution consists of a device plugging into iTunes. Duh, that's why the patent is emphasizing portable devices.

You're a PC'er. I get it. But that doesn't change the facts that the method that Apple is patenting has nothing to do with an ancient, losing idea from IBM.


The patent is for generic "electronic devices," and only uses "portable" in an example. Regardless, the pattern is not new, but decades old. The presence of iTunes is irrelevant. BTW, I have never worked for IBM.


This patent is about diagnostics on mainly portable devices and works through iTunes. Different devices, different delivery system. Yapping about IBM's yesteryear service that went NOWHERE isn't applicable.

IBM was doing this on mainframes (an electronic device) in the early 1980s. Self diagnostics would detect the issue, communicate a log "back home," where a fix or adjustment would be issued directly onto the computer. Just because Apple is doing it doesn't make it a new pattent.

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