Bonum Certa Men Certa

Updates on Microsoft/Nokia and Apple Patent Wars on Linux

Patent stooges



Summary: A roundup of news relating to Android/Linux and patent wars against Android backers

THE WAR on Android (and to some extent Linux) is partly hinged on the case from B&N [1, 2, 3], which challenged the Nokia/Microsoft patent game:



In recent legal actions, Barnes and Noble is requesting access to the contracts/principals of the Nokia-M$ relationship through the ITC. Nokia has protested vigorously indicating they really want to keep matters hidden. Apparently Barnes and Noble feel M$ and Nokia are abusing their patents to stifle competiton…


Here is the main report about this, courtesy of Groklaw:



Nokia is throwing quite a fit about the ITC approving Barnes & Noble's request that the ITC send a Letter of Request to Finland to ask the country to aid Barnes & Noble to depose five Nokia executives, including CEO Stephen Elop, and provide Barnes & Noble its list of requested Nokia documents.

Barnes & Noble, you may recall, is asserting that Microsoft, partnering with Nokia and MOSAID, is plotting "to use patents to drive open source software out of the market," saying it is threatening companies using Android with an anticompetitive choice: pay Microsoft exorbitant rates for patents -- trivial, invalid, or not infringed, according to Nokia -- or spend a fortune on litigation. It wants discovery to try to prove its claims.

Here's how Nokia took the news. In its Motion to Quash [PDF], Nokia tells the ITC that it immediately contacted Finland and filed objections, and it also contacted the Office of Unfair Import Investigations at the ITC to try to block. And now it asks the ITC to quash the Letter, or in the alternative wait to see what Finland does.

And in a second development, the ITC has denied Microsoft's November motion to force Google to hand over business information about Android, which Google opposed, the Commission saying the requests were unreasonable and not relevant. There was also a second Microsoft motion to depose Google, and the same order grants that motion, which Google had agreed to anyhow. All this means the schedule of discovery in the case has changed, but so far, the hearing is scheduled to be in February. Considering the way Nokia is fighting to quash discovery, threatening an interlocutory appeal if necessary, I'm guessing that date is not going to be the actual date.

Plucky Barnes & Noble is fighting for itself, but this ITC case has the potential to effect the entire Android ecosystem. Barnes & Noble is shining a light on what it views as an anticompetitive plot, with patents just the latest Microsoft weapons of war, probably hoping that if the light is shining right on them, the plotters will be unable to fulfill their unholy scheme. Don't forget that Barnes & Noble has also filed a complaint with the US Department of Justice's Antitrust Division, so it isn't just us chickens who are now watching this play out. That may explain Nokia's determination to avoid discovery. I mean, if there's no such plot, why fight this hard to avoid handing over the contracts?


Nokia has been hijacked. In many ways, Microsoft has already bought it and one new report notes: "After all, some analysts are pushing Microsoft to buy Nokia on the basis that, in the open source-led mobile world, OS licensing fees alone are no longer a viable model without accompanying hardware. Even Google, which achieves huge service revenues via control of Android, is tempted by the hardware/software model with its Motorola buy and Nexus launches. Becoming a software/IP firm may prove to be RIM's only option in future, but it will be a strategy of last resort, and gaining critical mass for a new platform which has suffered from teething troubles even before its launch will be tough, and not a battle on which Samsung is likely to expend much energy."

"According to a senior person at Nokia, the Microsoft-Nokia deal was a takeover, but just like in Novell's case, Microsoft prefers to use the hijacked company as a proxy; it helps keep the regulators away."According to a senior person at Nokia, the Microsoft-Nokia deal was a takeover, but just like in Novell's case, Microsoft prefers to use the hijacked company as a proxy; it helps keep the regulators away. Romours that Microsoft will buy Nokia's smartphone division are being disputed and the matter was mentioned in the latest episode of TechBytes, albeit very briefly.

Microsoft is using patents anti-competitively and it very recently settled a case. For background: "Datel originally took Microsoft to court in November 2009 after claiming a 360 dashboard update blocked its accessories from working. Among the things that were blocked was Datel's Max Memory cards.

"Datel claimed that Vole was playing monopoly and using its powers to cut out competition."

As always.

Microsoft keeps collecting patents [1, 2] and goodwill-washing some patent monopolies too. Bloomberg plays along with this patents frenzy and a lawyers' site glorifies "IP" litigation as though lawsuits should be commended:

McKool Smith namepartner Mike McKool had just scored a $290 million jury verdict in a patent case his firm had taken on contingency. But because the losing party was Microsoft Corporation, McKool wasn't celebrating just yet. The software giant is known for getting substantial damage awards in patent disputes slashed on appeal. Which is why, in May 2009, McKool urged his client in the case, Canadian software developer Infrastructures for Information, Inc. (i4i), to bring in the man McKool calls "the best": Finnegan, Henderson, Farabow, Garrett & Dunner name partner Donald Dunner.


We covered this case here many times before.

Moving on to Apple, the company is said to have little incentive to drop its lawsuits against Android backers:

Ever wonder why Apple doesn’t seem keen on settling the Android patent lawsuits it’s involved in? It’s because there’s more money in winning.

On Monday, Deutsche Bank’s Chris Whitmore sent a note out to clients outlining the four possible outcomes for Apple in its various battles with Android device makers worldwide.


IBM seems to be helping Google defend Android and John Dvorak alleges that there might be legal action coming:

quick look at the description of the patents tells me that these are not just a bunch of defensive plays, but a few offensive ones that might allow Google to begin to sue Apple and Microsoft, since that seems to be the game everyone is playing.


We are aware of a brewing patent battle from Android backers against Microsoft and Apple. The madness of the patent system is further illustrated by a story in Murdoch's paper while new patents on software [1, 2] are boasted about in press releases as though these are products.

Our focus in this cause will be to stop Apple's, Microsoft's, and their proxies' patent lawsuits against Android. One shortcut route is to strike the problem at the root -- the USPTO. In the coming week we'll concentrate some more on patents.

Comments

Recent Techrights' Posts

The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
Some Slopfarms and Some Real News Sites Cover Richard Stallman’s (RMS) Talk
If his message about Software Freedom spreads, then we're all better off
Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
 
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026
For the EPO to Survive, António Campinos and the "Alicante Mafia" Must Fall on Their Sword
There are EPO insiders who are convinced Campinos too is (or was) a cocaine addict
Gemini Links 26/01/2026: Pocket Power Pack, Batteries, and Breaks
Links for the day
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?