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Apple hit with lawsuit over over quick-boot patent first owned by LG

Apple has been hit with a new lawsuit that accuses the Mac maker of violating a patent related to quickly booting a computer operating system, an invention that was initially granted to LG electronics.

The patent in question, RE840,092, is entitled "Method for Quickly Booting a Computer System." The owner of the patent is the company Operating Systems Solutions LLC, based out of Fernandina Beach, Fla.

OSS has accused Apple of violating the patent with its Mac products running the Mac OS X operating system. Specifically, the lawsuit cites the MacBook Pro as an infringing piece of hardware, but argues that any systems running Mac OS X are in violation of the patent.

In the lawsuit, OSS acknowledges that the patent-in-question is actually a continuation of an earlier invention, U.S. Patent No. 6,434,696, first filed in 1999 and granted in 2002. The original owner of that patent was LG Electronics, of Seoul, South Korea.

The lawsuit does not indicate what involvement, if any, LG has in the complaint, or any ties it might have to the current patent. OSS revealed that the original LG patent was reissued in 2004, and issued again in February of 2008 as the OSS patent.

The patent cited in the suit describes a "quick boot process" that includes performing a power-on self test POST and saving the contents of memory and the status of devices that may be attached to a machine. It includes references to "config.sys" and "autoexec.bat" boot files.

"The personal computer system may reboot quickly because of omission of execution of the initial device configuration filed and the automatic batch file," the filing reads. The original invention is credited to Seong-cheol Kang of Korea.

OSS has asked that the court find that Apple has infringed on the patent, and the Cupertino, Calif., company be required to provide lost profits and damages to the plaintiff. The complaint was filed last week in U.S. District Court in the Middle District of Florida, Tampa division.



59 Comments

MacPro 19 Years · 19846 comments

Does an MBA boot quickly due being on a Flash Ram or due to other process? If it is simply fast access to the data this seems a bit of a stretch. I must be missing something.

dcorban 18 Years · 58 comments

Yes, because booting the OS a few seconds faster is one of the main reasons people buy Apple computers. They rake in so much profit from this.

jeffdm 21 Years · 12733 comments

I wonder if the patent really applies to anything outside of a Windows-based operating system. The original patent filing references Windows 95 (despite the document being dated 2002), mentions start up files Apple doesn't use, a boot firmware that Apple doesn't use. The patent refiling of 2008 still references Windows 95, as well as BIOS, config.sys, autoexec.bat and win.com.

zindako 16 Years · 468 comments

Quote:
Originally Posted by JeffDM

I wonder if the patent really applies to anything outside of a Windows-based operating system. The original patent filing references Windows 95 (despite the document being dated 2002), mentions start up files Apple doesn't use, a boot firmware that Apple doesn't use. The patent refiling of 2008 still references Windows 95, as well as BIOS, config.sys, autoexec.bat and win.com.

Macs use an EFI firmware for their boot process, not a PC bios, your response is accurate. The references were based on windows PC technology, which Apple computers running BSD kernel have nothing to do with. This is just a frivolous suit by a south Korean based company that has close ties with Samsung. They're teaming up against Apple to fight their right to blatantly copy Apple technology and get away with it.

alienzed 19 Years · 391 comments

This patent covers every system that isn't Windows as they all omit the config.sys and .bat file. World beware!!

Seriously though, how retarded is a patent that describes a method by which a system doesn't use something?