EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

07.20.11

Apple’s Not-So-Many Anti-Android (and Linux-Hostile) Patents Seen as Invalid, Google to Help Eliminate a Couple

Posted in Apple, GNU/Linux, Google, Patents at 12:54 pm by Dr. Roy Schestowitz

Eric E Schmidt, 2005
Image from Wikipedia

Summary: As expected, Google steps in to defend Android distributors from patent attacks that mostly fall flat on their face (80% of the patents discarded)

TECHRIGHTS watches the Android patent situation closely because it impacts the future of GNU/Linux, even if just by inference. Google responds with its former CEO claiming that Apple resorts to patent aggression because it “can’t respond through innovation” (he does not imply that innovation means patents but rather the opposite). “Patents must be invalid soon. Free world must help here,” exclaims one of our readers. It is true that lack of software patents is essential for software freedom, which is why this whole subject is so important. Those who cannot recognise the importance of the matter are advised to look at the recent history of software patents, especially after the patent deal with Novell (which gave purpose to this site).

The remarks from Google’s outgoing CEO are important because they suggest that Google will step up to defend partners and patents are currently not the weapon (or defence) of choice. Recall the past of Schmidt inside Apple. He only recently (in historical terms) walked away from Apple and now he slams Apple, promising to defend against Apple’s attacks:

Schmidt, speaking at a Google mobile conference in Tokyo today, expressed confidence that HTC will ultimately prevail over Apple, ZDNet Asia reports.

“We have seen an explosion of Android devices entering the market and, because of our successes, competitors are responding with lawsuits as they cannot respond through innovations,” he said. “I’m not too worried about this.”

The ITC is crippling the US by denying import of fine products. That is the background to the story above. And in other news, Apple’s products too might get banned because of the ITC, the enforcement agency of the USPTO, i.e. another inherently corrupted institute which is run by those looking for profit, not public services.

Despite gloomy predictions, the real scenario involves just two patents that need to be tackled now. As one way of putting it:

Apple have filed thirteen complaints of patent violations against HTC (one of the three largest Android device manufacturers) to the US International Trade Commission. This particular body has the right to uphold or ignore patent claims, and in the case of the former the main committee can force a complete import ban on all infringing devices.

It turns out that two patents have already been upheld in this way.

Most of the press just went along with this kind of coverage, looking at the empty half (or 20%) of the glass.

Apple won the preliminary ruling at the end of last week, giving it more confidence that it will prevail in its complaint that HTC is infringing two of its patents. HTC of course will continue to litigate the matter, because as we all know much of the business of the modern IT firm is to sit in court rooms and squabble over who did what to whom and when and how.

It is not clear how applicable this is to companies other than HTC, but some journalists speculate to amplify the fear (Microsoft Florian the lobbyist is pushing for this sort of spin behind the scenes).

Quoting some more coverage of the case, Wintel press (which likes to quote pro-Microsoft talking points) goes with the Microsoft/Apple mainstream, whereas Neil Richards challenges the lack of balance by stating: “ITC, The U.S. International Trade Commission, has rejected 8 out of 10 patent claims made by Apple. Apple originally files a complaint that HTC infringes upon 10 of its patents. The judge ruled that HTC infringed only on 2 patents.

“It is a dead end for Android? No. According to reports only one of the two patents in question might be related to Android.

“Some newspapers are reporting the doom of Android, all referring to a blog written by Florian Mueller. Mueller wrote as if the case is the end of Android without mentioning that it was Apple which lost 8 patents, which means the company won’t be able to use those patents against any other mobile player.

Why are they quoting a lobbyist? This just shows the sad state of today’s press.

Christine Hall has strong criticism of Apple, noting that “Apple Patents Portrait/Landscape Flipping”. She alleges that the “other evil empire, Apple, has managed to obtain a patent on the gee-whiz portrait/landscape flipping feature on the iPhone (and about all other mobile devices these days). Does anybody besides me smell a bunch of lawsuits in the works?”

Well, as put by a reader yesterday, “As M$ becomes less relevant, Apple might become more of a problem especially with patents.

“Apple is now valued at $336 billion. That makes anything it does, good or bad, more pronounced.”

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. The EFF Back to Tackling Software Patents, Not Just Patent Trolls

    Electronic Frontier Foundation lawyers start targeting large companies that exploit patents for intimidation and extortion, not just patent trolling



  2. Microsoft Wants to Devour the Competition (Linux), Devour People's Data

    Refuting the "new Microsoft" propaganda and some ludicrous concept that Microsoft is now "playing nice"



  3. Benoît Battistelli Thinks 'President' is Above the Law, Decides to Ignore the Court's Ruling

    Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law



  4. Links 24/2/2015: Xfce 4.12 a Week Away, GNOME 3.16 Previewed

    Links for the day



  5. Links 23/2/2015: Ubuntu Kylin 14.04.2 LTS, Cinnamon 2.6 Previews

    Links for the day



  6. IRC Proceedings: February 8th - February 21st, 2015





  7. The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

    The EPO never investigated the Željko Topić affair, it only pretends to have investigated (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group



  8. Links 21/2/2015: GNOME 3.15.90, Google Wins Android Lawsuit

    Links for the day



  9. Microsoft AstroTurfing War on GNU/Linux is Still Going On, But Hidden Better, Uses API as Instrument of Lock-in

    The corruptible press continues to describe blatant attacks (Embrace, Extend, Extinguish) against GNU/Linux and Free software as Microsoft 'embracing' Open Source



  10. Lenovo's Superfish Scandal is Spyware on Top of Spyware (Microsoft Windows), the Problem is Inherently Proprietary Software

    Shifting focus to the root problem, which is neither Lenovo nor its laptops but the non-free programs installed on hardware



  11. Benoît Battistelli Once Again Threatens EPO Staff That 'Dares' to Protest, Battistelli Exploits Terror Attacks to Pretend to Respect Free Speech

    The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself



  12. Links 20/2/2015: Android Studio v1.1, GDB 7.9

    Links for the day



  13. Links 20/2/2015: Bloomberg Joins Linux Foundation, ClearOS Community 6.6.0

    Links for the day



  14. The Chartered Institute of Patent Attorneys Slams the European Patent Office for Structural Failings

    An important letter which we overlooked while writing yesterday's 4 articles about the European Patent Office (EPO); yet another key stakeholder complains



  15. Links 19/2/2015: Hewlett-Packard on Cumulus Linux, Previews of GNOME 3.16 Beta

    Links for the day



  16. Techrights Under Attack Again, Shortly After Important EPO Articles

    Techrights highlights a pattern that is months old; Site faces availability issues shortly after reports about the European Patent Office and its abuses



  17. EPO Staff Protests Against Benoît Battistelli’s Lowering of Patents Quality (Scope Expansion and Software Patents for Profit)

    A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding



  18. Breaking: European Patent Office Sued by Its Own Staff in The Hague, Must Unblock Staff's Voices

    The crooked management of the European Patent Office (EPO) gets in legal trouble after repeated attempts to cover up abuses and suppress criticism



  19. Željko Topić's History in SIPO Leaves a Legacy of Alleged DZIV Vehicles (Bribes), Authorship Abuses, and Intimidation Against Reporters

    Another deep look at Željko Topić's background in Croatia, preceding his very notorious appointment to the EPO where he now serves as Benoît Battistelli's most controversial attack dog



  20. The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

    A roundup of recent coverage about monopolies on algorithms in the United States



  21. Links 19/2/2015: 64-bit ARM Linux, Chinese New Year

    Links for the day



  22. Links 18/2/2015: Linux Report, FlightGear 3.4

    Links for the day



  23. EPO Scandals: The Story So Far

    An overview of articles about mischief, misconduct and breach of laws at the EPO



  24. Links 17/2/2015: TripleO, Pivotal

    Links for the day



  25. Links 17/2/2015: SystemD 219, Frugalware 2.0 (Rigel) Released

    Links for the day



  26. Željko Peratović Slammed for Whitewashing Željko Topić After Publishing Important Piece on Behalf of Key Sources

    Response from Ivan Kabalin to Zeljko Peratovic's so-called "apology" which is both mysterious and seemingly inadequate as it does nothing to actually explain what was wrong (if anything)



  27. Benoît Battistelli Has Made Oversight of European Patent Office Absolutely Impossible





  28. Microsoft Already Killed Nokia, Don't Let It Kill Android Players Too

    Microsoft's strategy against Android mirrors the company's evil strategy that derailed MeeGo and Nokia



  29. Intel Continues to Attack Software Freedom Through UEFI

    The Trojan horse that Microsoft uses to cement its monopoly on desktops and laptops (making it hard or impossible to install and run GNU/Linux) is also being misused to block Coreboot



  30. Links 16/2/2015: Netrunner 15, Bridge Linux

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts