The real issue is whether the framework of the century-old patent laws, which served as the basis for the San Jose decision, has outlived its essential usefulness for inspiring innovation. The essential process of this involves building upon and improving the works of others. This was precisely the real genius of the late Steve Jobs as he converted the touch-screen computer from a colossal flop to a mainstream consumer device and invented smartphones on the basis of ideas that he couldn’t claim to be his and his alone.