The meaning of Apple's '647 patent

On December 19th the U.S. International Trade Commission (ITC) issued its final determination on Apple's claims against HTC of Taiwan, finding that HTC violated Section 337 of the Tariff Act by selling Android phones containing a technology that infringed a patent held by Apple. Section 337 enables the ITC to block importation into the US of foreign products that unfairly compete with domestic products, and infringing a valid US patent is considered such an unfair practice. Recently Section 337 investigations are being used more and more as faster and lower cost alternatives to enforcing US patents against foreign entities through litigation in district courts.

Of the 10 patents originally claimed by Apple to be infringed, the ITC rejected all but two in an earlier ruling, and in the final determination reduced this further to a single patent. The two patents in question are 5,946,647 entitled System and Method for Performing an Action on a Structure in Computer-Generated Data (filed Feb. 1 1996 and granted Aug. 31 1999) and 6,343,263 entitled Real-time Signal Processing System for Serially Transmitted Data (filed Aug. 2 1994 and granted Jan. 29, 2002). The ITC found that HTC did not infringe the '263 patent that protects the use of a Hardware Abstraction Layer to isolate real-time code from architectural details of a specific DSP.

The '647 patent discloses a system wherein a computer detects structures in data (such as text data, but possibly digitized sounds or images), highlights these structures via a user interface, and enables the user to select a desired action to perform. Apple's complaint to the ITC gives as an example of infringement the detection and highlighting of a phone number (e.g., in a received SMS) and enabling the user to click to call that number.

I have seen in blogs and forums many completely erroneous statements about what this patent actually means. People have claimed that '647 can't be valid, as hyperlinks or regular expression matching or SQL queries clearly predate the filing. However, a careful reading of the '647 patent shows that it does not claim to cover such obviously prior art. The following analysis is based on the text of the patent and on documents openly available on the web, and should not be considered legal advice.

After eliminating text required for patent validity (an input device, an output device, memory, and a CPU) the invention of '647 has three essential elements. First, an analyzer server parses the input data looking for patterns (called "structures"). Second, via an API the user-interface receives notice of the detected structures and possible actions for each one; displays the detected structures to the user; offers the user a list of actions that can be performed for each structure; and receives the user's selection. Third, an action processor performs the user's selected action (possibly launching new applications). The text of the '647 patent gives as an example the regular expression parsing of an email to find phone numbers, postal addresses, zip-codes, email addresses, and dates, and enabling the user to call a phone number, enter addresses into a contact list, send a fax to a number, draft an email, and similar actions.

Of course plain hyperlinks that are manually inserted into HTML are not covered by this patent since they are not automatically detected by an analyzer. A regular expression engine can potentially be used as an analyzer (although not necessarily by all embodiments as the patent mentions neural networks matching patterns in sounds and images) but is not claimed. The automatic parsing of a document for a list of patterns without offering a list of actions to a user is also not protected; indeed the Rufus file-type classifier is cited as prior art. Even the use of a regular expression engine to parse text and insert hyperlinks into a document is considered prior art, as the application references the Myrmidon text-to-html converter. It is possible that an editor or IDE that offers possible completions of text being typed would be considered infringing, depending on how broadly the patent's concept of input device is interpreted.

The three elements of the '647 patent are all present in many applications and devices used today. Users of Microsoft's Outlook are familiar with its automatic hyperlinking of email addresses and URLs in received messages. My old 2004 Sony-Ericsson K700 2G phone automatically highlights phone numbers in SMSes enabling single-click calling. However, Apple has targeted a very specific infringement - Android's Linkify class. Linkify enables the definition of a list of regular expression patterns to be detected, and a corresponding list of schemes, i.e., actions the user can select to be executed. It even comes with a few pre-defined patterns - email addresses, postal addresses, phone numbers, and URLs - which are almost precisely the examples given in the '647 patent.

While Apple's claims of infringement of '647 may be selective, they are not frivolous. In order to invalidate '647 the Android community would need to find publication of all three essential elements before 1996. I am sure that they have tried.

Removal of the Linkify feature from Android phones will put them at a definite ease-of-use disadvantage in comparison with the iPhone. And HTC has been given until April 19th 2012 to do just that.


Y(J)S

OAM for FM and PM

The Operations, Administration, and Maintenance (OAM) functionality provided in all modern communications systems supports two distinguishable functions, namely Fault Management (FM) and Performance Management (PM).
It is important to remember that despite the use of the word “management” here, OAM is a user-plane function. OAM may trigger control plane procedures (e.g., protection switching) or management plane actions (such as alarms), but the OAM itself is data that runs along with the user data.

FM deals with the detection and reporting of malfunctions. ITU-T Recommendation G.806 defines a scale of such malfunctions :

• anomaly (n): smallest observable discrepancy between desired and actual characteristics
• defect (d): sufficient density of anomalies that interrupts some required function
• fault cause (c): root cause behind multiple defects
• failure (f): persistent fault cause such that the ability to perform the function is terminated

The main FM functions include :

• Continuity Check (CC): checking that data sent from A to B indeed arrives at B
• Connectivity Verification (CV): checking that data set from A to B does not incorrectly arrive at C
• Loopback (LB): checking that data can be sent from A to B can be returned from B and received at A
• Forward Defect Indication (FDI) also called Alarm Indication Signal (AIS): when data sent from A to B is destined for C, B reports to C that it did not receive data from A
• Backward Defect Indication (BDI) also called Reverse Defect Indication (RDI): when data is sent from A to B, B reports to A that it did not receive the data.

PM deals with monitoring of parameters such as end-to-end delay, Bit Error Rate (BER), and Packet Loss Ratio (PLR). While there may not be loss of basic connectivity if performance parameters are not maintained within their desired realms, the ability to provide specific services may be compromised, even to the extent that there is a loss of service. For example, excessive round-trip delay makes it difficult to hold interactive audio conferences, and excessive PLR may lead to loss of an IPTV service. For this reason, Service Providers (SPs) commit to Service Level Agreements (SLAs) that specify the acceptable PM parameters.

A partial list of PM parameters that may appear in an SLA is :

• BER or PLR (for packet oriented networks)
• 1-way delay (1DM) also called latency: the amount of time it takes for data to go between two points of interest (this measurement requires clock synchronization between endpoints)
• 2-way delay also called roundtrip delay (RTD): the amount of time it takes for data to go to a point of interest and return (does not require clock synchronization)
• Packet Delay Variation (PDV): the variation of delay (may be 1-way or 2-way, but even 1-way does not require time synchronization, although frequency synchronization may be required for highly accurate measurements)
• Availability: percentage of time that the service can be provided
• Throughput or Bandwidth profile (for packet oriented networks): methods of quantifying the sustainable data rate (will generally be needed for each direction separately)

While certain FM functions, in particular Continuity Check (CC), are usually run periodically, PM functions are frequently called on an ad-hoc basis. However, with an SLA in effect, the SP needs to periodically monitor the PM parameters, and the customer may want to do so as well. In fact, while customers typically trust legacy SPs to provide the promised service level (after all, a 2.048 Mbps leased line is never going to deliver only 1.9 Mbps!), they have much less trust for newer services (it is relatively easy for a SP to cheat and provide 8 Mbps Ethernet throughput instead of the promised 10 Mbps).

In future entries I will deal with questions such as what parameter levels are needed for particular applications, how PM impacts user experience, and how SPs and customers should monitor performance.

Y(J)S