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

04.02.12

Oracle/Apple Litigation Versus Android/Linux

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

Newspaper

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

5 Comments

  1. mcinsand said,

    April 3, 2012 at 1:56 pm

    Gravatar

    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:

    http://www.groklaw.net/comment.php?mode=display&sid=20120402192119280&title=Oracle+v.+Google+-+Both+Parties+Take+Exception+to+Kearl+Expert+Report&type=article&order=&hideanonymous=0&pid=963317#c963329

    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

    Gravatar

    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. Links 26/3/2017: Debian Project Leader Elections, SecureDrop and Alexandre Oliva FSF Winners

    Links for the day



  2. His Master's Voice, Jesper Kongstad, Blocks Discussion of Investigative and Disciplinary Procedures at the EPO

    The Chairman of the Administrative Council of the European Patent Organisation is actively preventing not just the dismissal of Battistelli but also discussion of Battistelli's abuses



  3. Heiko Maas and the State of Germany Viewed as Increasingly Complicit in EPO Scandals and Toxic UPC Agenda

    It is becoming hard if not impossible to interpret silence and inaction from Maas as a form of endorsement for everything the EPO has been doing, with the German delegates displaying more of that apathy which in itself constitutes a form of complicity



  4. With IP Kat Coverage of EPO Scandals Coming to an End (Officially), Techrights and The Register Remain to Cover New Developments

    One final post about the end of Merpel’s EPO coverage, which is unfortunate but understandable given the EPO’s track record attacking the media, including blogs like IP Kat, sites of patent stakeholders, and even so-called media partners



  5. Everyone, Including Patent Law Firms, Will Suffer From the Demise of the EPO

    Concerns about quality of patents granted by the EPO (EPs) are publicly raised by industry/EPO insiders, albeit in an anonymous fashion



  6. Yes, Battistelli's Ban on EPO Strikes (or Severe Limitation Thereof) is a Violation of Human Rights

    Battistelli has curtailed even the right to strike, yet anonymous cowards attempt to blame the staff (as in patent examiners) for not going out of their way to engage in 'unauthorised' strikes (entailing dismissal)



  7. Even the EPO's Administrative Council No Longer Trusts Its Chairman, Battistelli's 'Chinchilla' Jesper Kongstad

    Kongstad's protection of Battistelli, whom he is supposed to oversee, stretches to the point where national representatives (delegates) are being misinformed



  8. Thanks to Merpel, the World Knows EPO Scandals a Lot Better, But It's a Shame That IP Kat Helped UPC

    A look back at Merpel's final post about EPO scandals and the looming threat of the UPC, which UPC opportunists such as Bristows LLP still try hard to make a reality, exploiting bogus (hastily-granted) patents for endless litigation all around Europe



  9. EPO Critics Threatened by Self-Censorship, Comment Censorship, and a Growing Threat to Anonymity

    Putting in perspective the campaign for justice at the EPO, which to a large degree relies on whistleblowers and thus depends a great deal on freedom of the press, freedom of speech, and anonymity



  10. Links 25/3/2017: Maru OS 0.4, C++17 Complete

    Links for the day



  11. Judge and Justice Bashing in the United States, EPC Bashing at the EPO

    Enforcement of the law based on constitutional grounds and based on the European Patent Convention (EPC) in an age of retribution and insults -- sometimes even libel -- against judges



  12. Looking for EPO Nepotism? Forget About Jouve and Look Closely at Europatis Instead.

    Debates about the contract of Jouve with the EPO overlook the elephants in the room, which include companies that are established and run by former EPO chiefs and enjoy a relationship with the EPO



  13. Depressing EPO News: Attacks on Staff, Attacks on Life, Brain Drain, Patents on Life, Patent Trolls Come to Germany, and Spain Being Misled

    A roundup of the latest developments at the EPO combined with feedback from insiders, who are not tolerating their misguided and increasingly abusive management



  14. It Certainly Looks Like Microsoft is Already Siccing Its Patent Trolls, Including Intellectual Ventures, on Companies That Use Linux (Until They Pay 'Protection' Money)

    News about Intellectual Ventures and Finjan Holdings (Microsoft-funded patent trolls) reinforces our allegations -- not mere suspicions anymore -- that Microsoft would 'punish' companies that are not paying subscription fees (hosting) or royalties (patent tax) to Microsoft and are thus in some sense 'indebted' to Microsoft



  15. Links 24/3/2017: Microsoft Aggression, Eudyptula Challenge Status Report

    Links for the day



  16. Bernhard Rapkay, Former MEP and Rapporteur on Unitary Patent, Shoots Down UPC Hopes While UPC Hopefuls Recognise That Spain Isn't Interested Either

    Germany, the UK and Spain remain massive barriers to the UPC -- all this in spite of misleading reports and fake news which attempted to make politicians believe otherwise (for political leverage, by means of dirty lobbying contingent upon misinformation)



  17. Links 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  18. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  19. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  20. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  21. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  22. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  23. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  24. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  25. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  26. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  27. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  28. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  29. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  30. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help


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