I think the current system is inconsistent, totally broken and unfit for purpose for various reasons that have been discussed at length. But even accepting the law as it stands, it is very clear that the obviousness test is not applied correctly.
I have read some software patents (not this one) and all of them were completely obvious to me. They do not have to be obvious to a judge, they have to be obvious to "one of ordinary skill in the art". That's exactly what I am.
All of the above is not Apple's fault and I don't blame them for patenting what is essentially the context menu. But it is Apple's choice to use patents in a defensive way or to act aggressively against their competitors.
Yes they are a for profit company and it is their right to act in that way. But it is a very short sighted decision that hurts the profitability and innovative power of this entire industry. It is also short sighted because being seen as a nasty, destructive force that deems it appropriate and necessary to act in ways that are seen as unfair and anticompetitive by almost everybody can be the downfall of the mightiest companies as Microsoft and IBM can attest to.
I have read some software patents (not this one) and all of them were completely obvious to me. They do not have to be obvious to a judge, they have to be obvious to "one of ordinary skill in the art". That's exactly what I am.
All of the above is not Apple's fault and I don't blame them for patenting what is essentially the context menu. But it is Apple's choice to use patents in a defensive way or to act aggressively against their competitors.
Yes they are a for profit company and it is their right to act in that way. But it is a very short sighted decision that hurts the profitability and innovative power of this entire industry. It is also short sighted because being seen as a nasty, destructive force that deems it appropriate and necessary to act in ways that are seen as unfair and anticompetitive by almost everybody can be the downfall of the mightiest companies as Microsoft and IBM can attest to.