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

10.23.11

Patents Roundup: Apple Control Freak, Patents as a Business Model, and Oracle vs. Android

Posted in Apple, Oracle, Patents at 3:05 am by Dr. Roy Schestowitz


Jobs image licensed under the GNU Free Documentation License (version 1.2 or any later versions); Ellison patch By Thomas Hawk

Summary: A mishmash of stories about software patents in the United States

THE agency known as the US International Trade Commission [1, 2, 3] has got far too much power that it does not deserve. It can be seen as a US-based office for the interests of any US-based company that wants to ban its competition and Apple misuses those powers to block competition just as Steve Jobs once hoped (more on that later, in a separate post).

The news is still abuzz with software patents, but only in the United States (Microsoft is trying to lobby for software patents in other countries, but that too will be a separate post).

Some companies are in fact basing themselves on a patent monopolies. To quote this new example:

…a new patent covering aspects of its mobile video and mobile personalization technologies.

The intent here is to exclude or to sue rivals. Is this really a valid business model? And as for Oracle, it too has turned to patents, having made statements against patents in the past. But it is being reported that Oracle’s case, which has already gone on for over a year, gets postponed:

A judge postponed an Oct. 31 trial over Oracle Corp.’s claims that Google Inc.’s Android software infringed patents on the Java programming language.

U.S. District Judge William Alsup in San Francisco vacated the scheduled trial date, saying it conflicts with a criminal gang case in his courtroom that will continue through January. He asked lawyers for Oracle and Google to consent to a trial before a magistrate judge. If they don’t agree, Alsup said he’s considering ‘swapping the case to another federal judge,” and the companies will have no right to object.

‘I have not been so overworked in 37 years of professional life,” Alsup said. The hearing concluded today with no new trial date scheduled.

The British press has more information about it:

Google over alleged Android patent infringements of Oracle-owned Java software has been postponed again, due to a criminal trial that will start the week before the two tech giants were due to meet.

Groklaw‘s take is as follows:

The two motions for summary judgment Oracle wants to file are, first, regarding “the copyrightability of the selection and arrangement of names in the API design specifications at issue”. Second, it wants to file a motion for summary judgment regarding “Google’s four equitable defenses — laches, equitable estoppel, implied license and waiver” and Google agrees that it can be decided as a matter of law. This has to do with Google’s arguments that nobody on Sun objected and in fact praised Android.

It did indeed and there is denial of evidence that can support Google according to other reports that call patents “intellectual property”. Funnily enough we found this new article titled “RIM’s operating system BBX in patent trouble”. It says that “A New Mexico firm claims the ‘BBX” name is protected by trademarks it holds and is threatening to take legal action against RIM unless it stops using the moniker.” Watch the headline that speaks of patents. The article is about trademarks, not patents. It is just more evidence of how poor journalism can be when it comes to these topics, with the term “IP” thrown around spuriously as well.

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

A Single Comment

  1. Michael said,

    October 23, 2011 at 11:10 am

    Gravatar

    FUD:
    —–
    It can be seen as a US-based office for the interests of any
    US-based company that wants to ban its competition and Apple
    misuses those powers to block competition just as Steve Jobs
    once hoped (more on that later, in a separate post).
    —–
    No mention is made of what power was misused. The courts are meant to be used to handle such disputes… using them as such is not misuse of them, it is proper use of them (though it is not the only avenue to solve such issues).

What Else is New


  1. 'Financial Director' Publishes Fake News About the Unitary Patent (UPC)

    Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm



  2. Independent and Untainted Web Sites About Patents Are Still Few and Rare

    Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them



  3. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation



  4. US Supreme Court Did Not End Apple's Patent Disputes Over Android (Linux), More Cases Imminent

    An overview of some very recent news regarding the highest court in the United States, which has been dealing with cases that can determine the fate of Free/Open Source software in an age of patent uncertainty and patent thickets surrounding mobility



  5. Links 15/1/2017: Switching From OS X to GNU/Linux, Debian 8.7 Released

    Links for the day



  6. Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls

    Litigation and prosecutions that rely on patents (failure to resolve disputes, e.g. by sharing ideas, out of court) is down very sharply, in part because firms that make nothing at all (just threaten and/or litigate) have been sinking after much-needed reform



  7. America Invents Act Improved Patent Quality, But Right Wingers Threaten to Make It Worse Again

    The past half a decade saw gradual improvement in assessment of patents in the United States, but there is a growing threat and pressure from the patent microcosm to restore patent maximalism and chaos



  8. PTAB -- Not Deterred by Courts -- Continues to Invalidate a Lot of Software Patents

    The Patent Trial and Appeal Board (PTAB) continues to make progress reforming the patent system by eliminating a lot of patents and setting an example (or new standards) for what is patent-eligible after Alice



  9. EPO Abuses Come Under Fire From Politicians in Luxembourg

    Luxembourg is the latest nation in which concerns about the EPO's serious abuses are brought up not only by the media but also by politicians



  10. Constitutionality as a Barrier and Brexit Barriers to UPC Keep the Whole Pipe Dream Deadlocked

    The UPC is still going nowhere fast, but the demise (or death) of the UPC as we know it must not be taken for granted



  11. Links 14/1/2017: Wine 2.0 RC5 and AryaLinux 2017 Released

    Links for the day



  12. Links 13/1/2017: Linux 4.9.3 and Linux 4.4.42

    Links for the day



  13. Brexit Means No UPC (Unified Patent Court)

    Now that Jo Johnson, Boris Johnson's brother, is officially declared the new minister for intellectual property in the UK everything that Lucy Neville-Rolfe wrote is as solid as paper bag on a rainy London day



  14. Patent Trolls and Software Patents: CloudTrade, Patent Practitioners Density, and Via Licensing

    Software patents armament from a British company, charted concentration of the patent microcosm in the United States, and US-leaning patent trolls that prey on China



  15. Patent Maximalism -- Like Copyright Maximalism -- Relies on Misconceptions and Mass Deception

    The latest examples of discussions about patent scope, courtesy of those looking to benefit financially by pushing such monopolies to the max



  16. Software Patents Still Promoted by IBM and Its Lobbyist (and Former Employee) David Kappos, in Defiance of Much-Needed US Patent Reform

    While the corporate media celebrates IBM as though it's some kind of 'champion' for hoarding patents that it then uses to attack companies which actually grow



  17. Brexit/Trump Effect: Patent Systems With Institutional Corruption and Nepotism

    Rumours about Britain's head of patents (and copyrights etc.) being the brother of the Brexit campaigner and Foreign Minister; meanwhile, on the other side of the Atlantic, rumours suggest that the corrupt judge Rader might be the next head of patents in the United States



  18. Links 11/1/2017: X.Org Server 1.19.1, GitHub's Atom 1.13

    Links for the day



  19. The Patent Microcosm is Already Sucking up to Donald Trump in an Effort to Enrich Itself at Everyone's Expense

    Four new examples of patent maximalists embracing/adopting the pseudo-populist slogan to advance their goals of increasing litigation (which they profit from) and undermining PTAB (which made patents great in the quality sense)



  20. Patent Quality in the United States Can Only be Assessed at the Patent Trial and Appeal Board (PTAB) and the Courts

    The travesty of patent offices in the US and China, where the goal or the accomplishment is measured in terms of the number of patents rather than their quality



  21. Gradual Collapse of Microsoft's Extensive (and External) Patent Trolling Operations

    The President of Microsoft Technology Licensing LLC (patent troll) leaves and the founder of Intellectual Ventures, Microsoft's largest peripheral patent troll, joins Sherpa Technology



  22. No End to Battistelli's Witch-hunts Against the Media, Against Staff, and Against Politicians

    Rumours about the fate of people who are (or have been) criticising Battistelli's reign of terror at the EPO



  23. Links 10/1/2017: Synfig 1.2, Kodachi Linux 3.7

    Links for the day



  24. With Help From the US Supreme Court (Key Cases), Patent Trolls Are Going Away

    The demise of patent trolls in the United States, a trend partly attributable to Alice and other Supreme Court decisions, will likely accelerate soon (later this year) as the future of the Eastern District of Texas courts is at stake



  25. Patent Maximalism on Display: Patent Aggressor IBM Celebrated in the Media

    The patent lust at IBM, which is suing if not just shaking down companies using software patents, earns plenty of puff pieces from the corporate media



  26. FFPE-EPO, the EPO Management's Pet/Yellow Union, Helps Union-Busting (Against SUEPO) in Letter to Notorious Vice-President

    In a letter to Elodie Bergot (as CC) and Željko Topić, who faces many criminal investigations, FFPE-EPO ringleaders reveal their allegiance not to EPO staff but to those who perpetually attack the staff



  27. Links 9/1/2017: Civilization VI Coming to GNU/Linux, digiKam 5.4.0 Released

    Links for the day



  28. Links 9/1/2017: Dell’s Latest XPS 13, GPD Pocket With GNU/Linux

    Links for the day



  29. Update on Patent Trolls and Their Enablers: IAM, Fortress, Inventergy, Nokia, MOSAID/Conversant, Microsoft, Intellectual Ventures, Faraday Future, A*STAR, GPNE, AlphaCap Ventures, and TC Heartland

    A potpourri of reports about some of the world’s worst patent trolls and their highly damaging enablers/facilitators, including Microsoft which claims that it “loves Linux” whilst attacking it with patents by proxy



  30. Mark Summerfield: “US Supreme Court Decision in Alice Looks to Have Eliminated About 75% of New Business Method Patents.”

    Some of the patent microcosm, or those who profit from the bureaucracy associated with patents, responds to claims made by Techrights (that software patents are a dying breed in the US)


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