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. Christoph Ernst, Long Speculated to be Battistelli's Successor, Becomes Battistelli's 'Boss'

    The next Chairman of the Administrative Council of the EPO is Christoph Ernst from Germany



  2. Bristows LLP is Still Trying to Attach Wings to the UPC and Distract From Serious (Likely Fatal) Barriers to It

    In spite of the UPC being in a morbid state, Bristows carries on pretending that all is rosy and progress is being made



  3. Letter Warns of “Reform Marathon” a Few Days Before Benoît Battistelli's Job is Offered to Someone Else

    New letter states that "although the AC pressurised the president to halt the reform process, the Office is unilaterally proposing further reforms"



  4. EPO Staff Bemoans “Another Reform à la Battistelli That Only Benefits Battistelli”

    A letter from anonymous EPO staff details the ways in which Battistelli's power grab would further harm the EPO



  5. Ignore the Press Releases and Puff Pieces, the EPO is Going on Strikes

    Unrest at the EPO is at an all-time high (strikes planned), but people out there can barely tell because the media -- for the most part -- ignores all this, just like the last time



  6. Links 27/6/2017: Manjaro Linux 17.0.2 is Out, Windows Ransomware on the Loose Worldwide

    Links for the day



  7. Links 26/6/2017: Lumina Version 1.3.0, Final Linux RC

    Links for the day



  8. EPO Strikes in All Four EPO Sites for Two Days This Month and Next Month, Under the “Respect Staff” Banner

    The impact of the strikes at EPO doubles, as two strikes in two months are scheduled, starting this week



  9. Latest EPO Caricature: Staff Committee Maintains Integrity

    Caricature about double failure of Battistelli last week -- a failure which shall result in a general strike fairly soon



  10. Voter Suppression Tactics by Team Battistelli Serve to Reaffirm View That the EPO is an Authoritarian Regime Which Loathes Voting

    In spite of the dirty tricks employed by Team Battistelli, staff managed to guard the integrity of the staff committee and vote for a strike; the dirty tricks, however, will not and should not be forgotten



  11. Leaked: Job Opening Advertised as Battistelli’s 'Mole' at the Administrative Council, Jesper Kongstad, Leaves in Shame

    Having disgraced the Administrative Council of the EPO, e.g. by protecting the person whom he is supposed to supervise, Jesper Kongstad will leave in 3 months



  12. As Electronic Frontier Foundation (EFF) Ramps Up Its Campaign Against Software Patent Trolls the Patent Microcosm Attacks the Messenger (EFF)

    In an effort to thwart Alice and the EFF (two birds, one stone) the patent microcosm goes behind the scenes and saturates the media with misleading articles, including attacks on the EFF itself



  13. In Sandoz v Amgen, the Federal Circuit is Again Found to Have Delivered Patent Injustice

    SCOTUS continues to disagree with CAFC on everything that it decides to reconsider, even the very latest decision (formally delivered earlier this month)



  14. The Supreme Court Can Reassert the Legitimacy of the Patent Trial and Appeal Board (PTAB) Later This Year or Next Year

    What lawyers-centric media characterises as a risk to PTAB may actually be an opportunity to silence critics of PTAB and help it carry on squashing bogus patents



  15. The US Patent Office (USPTO) Should Now be Headed by Drew Hirshfeld, a Patent Examiner Who Rose to the Top, Not a Lawyer Like Joseph Matal

    Donald Trump's Secretary of Commerce, Wilbur Ross, pushes to the top the patent microcosm rather than technical people who are equipped with the knowledge and experience to run the Office as well as Michelle Lee did



  16. After Latest Supreme Court Rulings on Patents, Including Impression v Lexmark, the Federal Circuit is Left Disgraced

    Hostility towards the patent microcosm's patent maximalism, as witnessed at the US Supreme Court (SCOTUS), culminated in another decision and will soon result in yet more decisions, as SCOTUS has since then picked more patent cases to look at



  17. IBM, Apple and Facebook Pursue Software Patents in India in Defiance of the Ban

    Multinationals from the United States, or digital colonisers with ambitions to spy on and control finance, continue to behave as though Indian law is not applicable to their operations in India and repeatedly attempt to patent software anyway



  18. Wouter Pors Under Fire for Lying or Manipulating in the Name of the Unitary Patent (UPC)

    The argument between Team UPC and other patent professionals (without a lot of eggs in the UPC basket) heats up as Wouter Pors resorts to desperate measures and Bristows belatedly admits constitutional problems in the UK



  19. Systemic Injustice at the International Labour Organisation (ILO) Causes Serious Harm to Complainants' Health, Including EPO Complainants

    The high human cost of ILO's failure to fulfill its stated mission while pretending that it has things under control (that is clearly no longer the case, especially as far as EPO cases go)



  20. Links 24/6/2017: GNOME Music Improves, FreeBSD 11.1 Beta 3

    Links for the day



  21. Microsoft and Bill Gates Become More Actively Involved in Their Biggest Patent Troll (and World's Biggest Troll), Intellectual Ventures

    The world's largest patent troll, which reportedly operates (litigates) through literally thousands of shells, has received yet more financial aid from Microsoft and Bill Gates



  22. The STRONGER Patents Act is One Among Several New Pushes for Patent Chaos in the United States

    US patent law is being 'massaged' again, with bills being pushed forth that propose a return to Armageddon, undoing much of the progress made possible by the Leahy-Smith America Invents Act (AIA)



  23. SUEPO and the EPO's Central Staff Committee Condemn Battistelli's Latest Attempt to Change the Rules in Defiance of Laws

    Staff representatives at the EPO voice opposition to so-called 'reforms' which are neither desirable nor legal



  24. The Tide Has Turned Against the Unified Patent Court (UPC) and It Finally Looks as 'Alive' as TPP

    The UPC is now stuck if not dead because officials are realising -- however belatedly -- that this entire charade was from start to finish just a coup d'état of the patent 'industry'



  25. Potential Targets of European Patent Office (EPO) Whistleblowing

    Priorities for whistleblowing at the European Patent Office (EPO), which operates secretly and occasionally illegally, too



  26. Links 23/6/2017: Wine 2.11 Released, HPC Domination by GNU/Linux

    Links for the day



  27. Primer to the Crisis and Scandals at the European Patent Office (EPO)

    An introduction to the chaotic state of what used to be the world's leading patent office and quickly became Europe's biggest embarrassment



  28. Workers of the European Patent Office (EPO) Are Going on Strike Again, Almost 90% Voted in Favour

    Thousands of brave EPO employees chose to cast a vote and make it known that they are in favour of another strike



  29. Benoît Battistelli Has Lost the Election at the EPO

    FFPE candidates (or moles from the yellow union) failed to enter the Central Staff Committee in spite of Battistelli's attempt to help them get in



  30. Emerging Threat to Patent Reforms at the USPTO

    Our plan of returning to coverage of US patent affairs in the wake of powerful lobbies that pursue patent maximalism


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