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 30/8/2016: Fedora 24 Reviewed, Ubuntu Patched

    Links for the day



  2. Links 29/8/2016: Linux 4.8 RC4, Maru OS Source Code

    Links for the day



  3. Let Them Eat Patents

    A reality check regarding software patents and regarding those who truly benefit from an expensive patent system with an even more expensive litigation process/proceedings



  4. Nothing Whatsoever Has Improved at the European Patent Office, It's Just Summer's Recess (and Silence)

    The European Patent Office (EPO) has done absolutely nothing to improve the work atmosphere, it just alters the marketing strategy somewhat



  5. Links 28/8/2016: Q4OS 1.6, ConnochaetOS 14.2

    Links for the day



  6. The United States Has Gotten Over Software Patents

    A roundup of new articles about software patents in the United States, 2 years into the post-Alice era (the US Supreme Court deeming patents on software too abstract to have merit)



  7. More Lies From President Benoît Battistelli and the EPO Crisis Which Continues to Deepen

    The European Patent Office (EPO), collectively speaking, is still wrestling with a Battistelli infiltration (a circle of high-level managers) which habitually lies and viciously attacks those who dare counter these lies



  8. Links 27/8/2016: Torvalds and GPL, “DOD Must Embrace Open-Source Software”

    Links for the day



  9. Links 26/8/2016: Maru OS Resurfaces, Android More Reliable Than 'i' Things, PC-BSD Becomes TrueOS

    Links for the day



  10. Good Job, David Kappos, Says the 'Boss' (IBM)

    Responses to the latest call against Alice (eliminator of many software patents), courtesy of the man from IBM (still paid by IBM) who was responsible for the policy that blindly approved a lot of software patents in the US



  11. Being for Patent Quality or Against Patenting Excess Does Not Make You Anti-Patents

    Like IAM, which tries to portray sceptics and critics of software patents as "anti-patents", IP Watchdog (or Watchtroll as we call it) is 'trolling' the Electronic Frontier Foundation, simply because it expressed an opinion that patent maximalists cannot tolerate



  12. Erosion of Patent Quality Enables Patent Extortion With Large Portfolios of Low Validity Rate

    Revisiting the EPO's vision of poor patent examination and the effect of discriminatory granting practices, favouring patent bullies such as Microsoft (which actively attacks Linux using low-quality and usually pure software patents)



  13. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  14. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  15. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  16. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  17. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  18. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  19. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  20. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  21. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  22. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  23. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  24. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  25. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  26. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  27. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  28. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  29. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  30. Links 20/8/2016: Android Domination, FSFE summit 2016

    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