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


Oracle/Apple Litigation Versus Android/Linux

Posted in Apple, GNU/Linux, Google, Oracle, Patents at 10:47 am by Dr. Roy Schestowitz


Summary: News updates on the patent cases against Android, the platform which quickly conquers the mobile phones and tablets space

PATENTS are a thorn on the side of Android’s success. Now that Android and Linux are more tightly joined by the hip, defending one helps defend the other.

Not so long ago, Oracle and Google were urged to negotiate, resulting in a proposition that failed. This continues to be reported on [1, 2].

All those patent fights are proving to be costly and as one article put it last month: “Two upcoming cases in the United States – one against Motorola and the other against Samsung – have the potential to strike deeper blows on either side. The trials involve the legal rights to the core technology behind smartphones and tablet computers and whoever loses could face large damages and increased costs. That could raise prices for consumers.”

Of course, as always, it is good for lawyers, for billionaires who run giant corporations, and it all comes at the expense of everyone else.

Around the same day Reuters published an article on a similar subject and fortunately enough Apple is not getting its way. While it accumulates more controversial patents it is failing to stop Android using them. The Indian press takes the side of Android, To quote this new article titled “touch is forbidden”:

Many are trying, thanks to software patents. Patents have become a bane to the very essence of innovation. They are arsenals, ostensibly meant to defend but more often used to offend. Yahoo’s lawsuit against Facebook over 10 patents further proves that weaponizing software patents is the last gasp of a dying business.

Which brings me to the news that Twitter is trying to patent one of the most instinctive gestures on the iPhone, what they call User Interface Mechanics. Anyone who has used a Twitter client on their phone knows to refresh the page: You “pull” it down and release. Others use this as well, like Google’s Gmail mobile site.

But as Techcrunch noticed, this functionality isn’t built into every core app on the iPhone (like the Mail app), and the reason is probably because it’s potential lawsuit bait.

The Oracle case carries on and Groklaw keeps track of everything. Professor Webbink writes:

Not a lot of activity in the case yesterday. Only a couple of administrative filings. In the first (841 [PDF; Text]) the Court addresses what it expects to be somewhat crowded conditions in the public seating area of the courtroom at the beginning of the trial. In part this is due to the large size of the jury pool. So the Court has asked the respective parties to limit the size of their entourages.

Pamela Jones later adds:

Remember when there were all those scary headlines about Oracle suing Google for $6 billion for alleged patent infringement? Did that preposterous fantasy come true?

Instead, Google, without even any counterclaims of patent infringement to fire back, got almost all of Oracle’s asserted patents tossed out as invalid by the USPTO in reexaminations. There’s one left standing and another that might be valid if Oracle can successfully appeal a preliminary finding of invalidity by the USPTO, with a grand total of damages estimates from the court’s independent adviser being less than a million, after adjustments, if Oracle can prove infringement, a very, very big IF.

Congratulations, Oracle, for shooting yourself in the foot.

Now there are some new scary headlines, like this one, “Why Google Might Be Going to $0″ this morning about how much money Google will have to pay because Google is being sued by Vringo, Vringo calling itself I/P Engine in the litigation, with predictions that Google will surely settle to avoid being valued at zero by the time Vringo is done with it.

The dispute is likely to continue for a while because neither side is backing off:

In the papers, Google argued that the trial could be shortened from its currently scheduled duration of eight weeks and sought to appear before US District Judge William Alsup instead of a jury. Oracle doesn’t believe the trial schedule should be revised nor is it willing to waive its right to a jury trial.

Google estimates it will have to pay about $2.8 million if it’s determined that Android infringes on two Java patents that are being reviewed in the case. The company, which is based in Mountain View, California, told Alsup that it’s also prepared to pay 0.5 percent of Android’s future revenue for one Java patent expiring at the end of this year and 0.015 percent of Android’s future revenue for the other patent, which expires in April 2018.

The court papers don’t explain how Android’s revenue would be calculated. Google doesn’t charge for Android, but makes some money from mobile advertising occurring on the software and third-party applications sold to run on the operating systems.

It is important to keep Android tax-free. When Free software is subjected to patent tax everything gets very tricky; primarily, redistribution is restricted.

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


  1. mcinsand said,

    April 3, 2012 at 1:56 pm


    The CONTU report that the judge just cited sounds like a must-read. One of the Grokkers had a post that was particularly thought-provoking:


    The duopoly has continually found new anticompetitive lows to sink to, especially when it comes to keeping FOSS as an innovator to rob rather than innovate on their own. This has continued since Apple took the GUI from Xerox and MS plagiarized from Emacs for the Word for DOS interface. EULA and IP lines have become so incredibly blurred that no-one is safe from a baseless lawsuit.

  2. mcinsand said,

    April 3, 2012 at 2:29 pm


    Well that didn’t come out quite correctly. Apple didn’t start pillaging from FOSS until sometime later, and Xerox isn’t FOSS. Still, taking the GUI from Xerox is a good example of how Apple has always been about marketing others’ ideas, rather than innovating on its own.

    Dr. Roy Schestowitz Reply:

    In the same vein, Microsoft was against software patents until it became a monopoly and then wanted them for protectionism.

    mcinsand Reply:

    Oh, yeah! And remember how MS got into the office market? Interoperability, interoperability, interoperability. Excel handled 1-2-3 files better than 1-2-3. Word for DOS handled WordPerfect for DOS files better than WP. They were all for free use of different companies’ file formats until they no longer felt the need to compete on performance.

    Dr. Roy Schestowitz Reply:

    They just couldn’t stick to their Word.

What Else is New

  1. The Latest EPO Spin: Staff Protesters Compared to 'Anti-Patent Campaigners' or 'Against UPC'

    Attempts to characterise legitimate complaints about the EPO's management as just an effort to derail the patent office itself, or even the patent system (spin courtesy of EPO and its media friends at IAM)

  2. The Serious Implication of Controversial FTI Consulting Contract: Every Press Article About EPO Could Have Been Paid for by EPO

    With nearly one million dollars dedicated in just one single year to reputation laundering, one can imagine that a lot of media coverage won't be objective, or just be synthetic EPO promotion, seeded by the EPO or its peripheral PR agents

  3. EPO: We Have Always Been at War With Europe (or Europeans)

    The European Patent Office (EPO) with its dubious attacks on free speech inside Europe further unveiled for the European public to see (as well as the international community, which oughtn't show any respect to the EPO, a de facto tyranny at the heart of Europe)

  4. What Everyone Needs to Know About the EPO's New War on Journalism

    A detailed list of facts or observations regarding the EPO's newfound love for censorship, even imposed on outside entities, including bloggers (part one of several to come)

  5. EPO Did Not Want to Take Down One Techrights Article, It Wanted to Take Down Many Articles Using Intimidation, SLAPPing, and Psychological Manipulation Late on a Friday Night

    Recalling the dirty tactics by which the European Patent Office sought to remove criticism of its dirty secret deals with large corporations, for whom it made available and was increasingly offering preferential treatment

  6. The European Private Office: What Was Once a Public Service is Now Crony Capitalism With Private Contractors

    The increasing privatisation of the European Patent Office (EPO), resembling what happens in the UK to the NHS, shows that the real goal is to crush the quality of the service and instead serve a bunch of rich and powerful interests, in defiance of the original goals of this well-funded (by taxpayers) organisation

  7. Microsoft Once Again Disregards People's Settings and Abuses Them, Again Pretends It's Just an Accident

    A conceited corporation, Microsoft, shows not only that it exploits its botnet to forcibly download massive binaries without consent but also that it vainly overrides people's privacy settings to spy on these people, sometimes with help from malicious hardware vendors such as Dell or Lenovo

  8. When the EPO Liaised With Capone (Literally) to Silence Bloggers, Delete Articles

    A dissection of the EPO's current media strategy, which involves not only funneling money into the media but also actively silencing opposing views

  9. Blogger Who Wrote About the EPO's Abuses Retires

    Bloggers' independent rebuttal capability against a media apparatus that is deep in the EPO's pocket is greatly diminished as Jeremy Phillips suddenly retires

  10. Leaked: EPO Award of €880,000 “in Order to Address the Media Presence of the EPO” (Reputation Laundering)

    The European Patent Office, a public body, wastes extravagant amounts of money on public relations (for 'damage control', like FIFA's) in an effort to undermine critics, not only among staff (internally) but also among the media (externally)

  11. Links 27/11/2015: KDE Plasma 5.5 Plans, Oracle Linux 7.2

    Links for the day

  12. Documents Needed: Contract or Information About EPO PR/Media Campaign to Mislead the World

    Rumour that the EPO spends almost as much as a million US dollars “with some selected press agencies to refurbish the image of the EPO”

  13. Guest Post: The EPO, EPC, Unitary Patent and the Money Issue

    Remarks on the Unitary Patent (UP) and the lesser-known aspects of the EPO and EPC, where the “real issue is money, about which very little is discussed in public...”

  14. Saving the Integrity of the European Patent Office (EPO)

    Some timely perspective on what's needed at the European Patent Office, which was detabilised by 'virtue' of making tyrants its official figureheads

  15. A Call for Bloggers and Journalists: Did EPO Intimidate and Threaten You Too? Please Speak Out.

    An effort to discover just how many people out there have been subjected to censorship and/or self-censorship by EPO aggression against the media

  16. European Patent Office (EPO) a “Kingdom Above the EU Countries, a Tyranny With ZERO Accountability”

    Criticism of the EPO's thuggish behaviour and endless efforts to crush dissenting voices by all means available, even when these means are in clear violation of international or European laws

  17. Links 26/11/2015: The $5 Raspberry Pi Zero, Running Sans Systemd Gets Hard

    Links for the day

  18. EPO Management Needs to Finally Recognise That It Itself is the Issue, Not the Staff or the Unions

    A showing of dissent even from the representatives whom the EPO tightly controls and why the latest union-busting goes a lot further than most people realise

  19. Even the EPO Central Staff Committee is Unhappy With EPO Management

    The questions asked by the Central Staff Committee shared for the public to see that not only a single union is concerned about the management's behaviour

  20. The Broken Window Economics of Patent Trolls Are Already Coming to Europe

    The plague which is widely known as patent trolls (non-practicing entities that prey on practicing companies) is being spread to Europe, owing in part to misguided policies and patent maximalists

  21. Debunking the EPO's Latest Marketing Nonsense From Les Échos and More on Benoît Battistelli's Nastygram to French Politician

    Our detailed remarks about French brainwash from the EPO's media partner (with Benoît Battistelli extensively quoted) and the concerns increasingly raised by French politicians, who urge for national or even continental intervention

  22. The Sun King Delusion: The Views of Techrights Are Just a Mirror of EPO Staff Unions

    Tackling some emerging spin we have seen coming from Battistelli's private letters -- spin which strives to project the views of Techrights onto staff unions and why it's very hypocritical a form of spin

  23. Links 25/11/2015: Webconverger 33.1, Netrunner 17 Released

    Links for the day

  24. United They Stand: FFPE-EPO Supports Suspended Staff Representatives From SUEPO

    An obscure union from the Dutch side of things at the EPO is expressing support for the suspended colleagues from SUEPO (more German than Dutch)

  25. Censoring WIPR Article About Censorship by EPO

    A testament to how terrified journalists have become when it comes to EPO coverage, to the point of deleting entire paragraphs

  26. Censorship at the EPO Escalates: Now We Have Threats to Sue Publishers

    Having already blocked Techrights, the EPO's management proceeds to further suppressions of speech, impeding its staff's access to independently-distributed information (neither ordinary staff nor management)

  27. Response to Bogus Accusations That EPO Staff Protests Are Really an Attempt to Derail UPC

    Common myths about staff protests in the European Patent Office (EPO) debunked, with some additional background and general perspective on recent events, the unitary patent (UPC) and so on

  28. New Heise Article Makes It Clear That 'Nazi'-Themed Accusations Against the Suspended Board Judge Were Insufficiently Substantiated

    The personal attacks on a judge who was illegally suspended (a so-called 'house ban') increasingly look like the management's own campaign of defamation, mostly intended to marginalise and punish a judge who spoke about serious charges against VP4 (Željko Topić)

  29. Links 24/11/2015: Asus Chromebit CS10, Second Linux 4.4 RC

    Links for the day

  30. European Central Bank Staff Committee Adds to Growing Pressure on Abusive EPO Management

    The staff representatives of the European Central Bank E-mail their colleagues -- with European Central Bank managers' approval -- regarding the European Patent Office and its attacks on staff unions


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


Recent Posts