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Feb. 7, 2009

Will there be a potential patent infringement war between Apple's iPhone and Palm's new Pre smartphone? Some think so...

There could very well be some legal concerns for Palm and a small gold mine for patent and IP (intellectual property) lawyers.

However, Apple’s large arsenal of granted and applied-for patents will help protect the company on some potential issues.

Over the past four months, both Apple and Palm have filed a wide range of various patents for their own technology in their respective wireless devices.

Apple has even attempted to trademark the term “Multi Touch” for its popular iPhone that it started selling last July. Apple’s application to trademark the rights for the term “Multi Touch” is expected to go through in the first or second quarter of 2009. Some observers say that move is challenging Palm in a big way.

Wireless analyst Pablo Fernandez of Global Crown Capital Equity Research says “Apple’s goal to patent key aspects of its "Multi Touch" technology poses a large barrier to entry.”

He added “if you spend the time to go through all the various patents that have been granted to Apple, you actually look at the claims in the patents, they are very, very broad! They’re not only gestures and user interfaces but plain and simple hardware.”

“This is a major issue that’s much more important than what most people realize. If Apple gets this patent, nobody will be able to use the term. It affects every other wireless and mobile handset vendor: Palm, HTC and RIM. Overall, Palm has used the term in its marketing of the Pre, but that could come to a halt if Apple’s trademark application comes through," said Fernandez.

The term “Multi Touch” actually already has been patented by DPI Labs for use with its switches, switch panels and communication circuits. But because the companies’ association of the term is completely different, Apple’s trademark application is unlikely to be rejected on the grounds that it infringes on DPI’s rights.

So far, neither Apple nor Palm could be reached for comment by press time, but Apple’s pending trademark application goes to the core of its ability to sell: marketing, branding and positioning.

However, don’t expect lawsuits just yet-- Apple simply can’t sue Palm until its new Pre smartphone is officially released on the market.

It will be interesting to see how this develops in the coming months. We will keep you posted.

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    This article was featured on Business 5.0 and on Tech Blog.

Source: Apple.