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. Links 29/4/2017: Endless OS, Pinebook, and New Mozilla Foundation Board Members

    Links for the day



  2. Links 28/4/2017: Subsurface 4.6.4, GNOME Shell & Mutter 3.25.1

    Links for the day



  3. Kather Augenstein and Bristows Shift Attention to Germany in an Effort to Ram the Dying UPC Down Everyone's Throats

    Down the throat, hopes Team UPC, the Unitary Patent system will go, even though Britain cannot ratify, throwing the whole thing into grave uncertainty



  4. United for Patent Reform Defends USPTO Director Michelle Lee From Attacks by the Patent Microcosm

    Michelle Lee is finally (if not belatedly) shielded by a bunch of large technology companies; The deep-pocketed industry finally steps in line with our position, which is usually when things turn out the way we advocate for



  5. Team UPC and CIPA Are Lobbying, Publishing Puff Pieces, and Rewriting the Law for Unitary Patent (UPC) Behind Closed Doors

    A collection of the latest news and views on the UPC, which is being lied about by those who stand to benefit from it and is probably going nowhere because Brexit means that the UK stays out, in which case it must be reset and pertinent ratifications done all over again



  6. China's Suffering From Patent Maximalism Has Europe Forewarned

    The parasitic elements inside China -- those that just want lots of litigation (even if from patent trolls) -- are winning over, much to the detriment of the Chinese economy, and Team UPC threatens to do the same in Europe with help from Battistelli



  7. Links 27/4/2017: Mesa 17.0.5 RC1, Git 2.13.0 RC1, and Linkerd 1.0

    Links for the day



  8. The Latest Expensive PR Blitz of the EPO, Led by Jana Mittermaier and Rainer Osterwalder Under the 'European Inventor Award' Banner

    The PR agencies of the Corsican in Chief, who appears to be buying political support rather than earning any, are very busy this week, as yet another reputation laundering campaign kicks off



  9. Links 26/4/2017: SMPlayer 17.4.2, Libreboot Wants to Rejoin GNU

    Links for the day



  10. PatentShield is Not the Solution and It Won't Protect Google/Android From Patent Trolls Like Microsoft's

    A new initiative called "PatentShield" is launched, but it's yet another one of those many initiatives (Peer-to-Patent and the likes of it, LOT Network, OIN, PAX etc.) that serve to distract from the real and much simpler solutions



  11. Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

    The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere



  12. Blog 'Takeovers' by Bristows and Then Censorship: Now This Firm Lies About the Unitary Patent (UPC) and Then Deletes Comments That Point Out the Errors

    Not only are Bristows employees grabbing the mic in various high-profile IP blogs for the purpose of UPC promotion (by distortion of facts); they also actively suppress critics of the UPC



  13. Links 25/4/2017: Kali Linux 2017.1 Released, NSA Back Doors in Windows Cause Chaos

    Links for the day



  14. Astoundingly, IP Kat Has Become a Leading Source of UPC and Battistelli Propaganda

    The pro-UPC outlets, which enjoy EPO budget (i.e. stakeholders' money), are becoming mere amplifiers of Benoît Battistelli and his right-hand UPC woman Margot Fröhlinger, irrespective of actual facts



  15. EPO Fiasco to be Discussed in German Local Authority (Bavarian Parliament) Some Time Today as the Institution Continues Its Avoidable Collapse

    Conflict between management and staff -- a result of truly destructive strategies and violations of the law by Benoît Battistelli -- continues to escalate and threatens to altogether dismantle the European Patent Office (EPO)



  16. In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

    The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie



  17. In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

    The latest example of software patents advocacy and patent 'parades' in India, as well as something from IPOS in Singapore



  18. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  19. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  20. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  21. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  22. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  23. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  24. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  25. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  26. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  27. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  28. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  29. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  30. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)


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