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. Links 24/10/2016: Linux 4.9 RC2

    Links for the day

  2. Battistelli Plans to Expand the Social [sic] 'Study' (Then 'Conference') Propaganda Until Next Month, Under the 'Workshop' Umbrella

    Milking his shameless propaganda (paid-for 'studies'), Battistelli wants to rewrite the record by all means possible, then pretend that EPO staff participates in it

  3. EPO and EUIPO Join Hands to Release Propaganda (for European Media to Parrot) Some Time Tomorrow

    EPO and EUIPO in collaboration for the promotion of the notion that they are both necessary (and reinforced speculations about growing overlap between them)

  4. UPC Preparatory Committee Puts the Brakes on UPC Amid Brexit and Growing Uncertainty

    The Unified Patent Court (UPC) preparatory committee recognises that the UPC isn't going anywhere (any time soon) and false job advertisements -- or advertisements for jobs that will never exist -- are withdrawn

  5. Updates Regarding EPO and BoAC: Unrest and Injustice Carry on

    Some of the latest information which is publicly and privately available to us, in particular regarding the case of a suspended judge which represents unprecedented erosion of the appeal boards' independence (and hence lack of justice in the Organisation)

  6. EPO and the “Iberian Connection”: Patricia García-Escudero Márquez - Battistelli's Pet Chinchilla on the Boards of Appeal Committee?

    Why the Boards of Appeal Committee has begun showing prominent signs that it is anything but independent and capable of standing up to Battistelli (or his circle at the Office, which includes the “Iberian Connection")

  7. Links 23/10/2016: Alcatel's New Android Smartphones, Another Honorary Doctorate for Stallman

    Links for the day

  8. Open Letter Exposing the Farce Which Was Battistelli's 'Social Conference' Coinciding With Further (New) Attacks on EPO Staff Representatives

    A detailed letter reveals legitimate concerns expressed by staff representatives at the EPO ahead of the so-called Social Conference, in which we have highlighted severe factual flaws

  9. Translation of Latest Rant From French MP Philip Cordery About Benoît Battistelli's Abuses at the EPO

    Philip Cordery crosses horns with Benoît Battistelli, who has become a source of embarrassment for France with his autocratic tendencies and misguided policies that rapidly ruin the European Patent Office (EPO)

  10. Battistelli-Commissioned PwC ‘Study’: Leaked Document Shows PwC's Dishonesty and Misrepresentation of EPO Staff

    An in-depth analysis (but not comprehensive, just preliminary) of the so-called 'study' from PwC, which basically did what it was paid for (pay to say)

  11. Links 22/10/2016: Deus Ex for GNU/Linux, Global DDoS (DNS)

    Links for the day

  12. Battistelli-Commissioned PwC ‘Study’: Survey Comparison Shows Serious Deterioration and Efforts by PwC to Disguise the Truth

    The latest output from PwC turns out to be even worse than initially thought, indicating that not only did it find a degradation in the EPO but also attempted to hide/obscure it

  13. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  14. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently

  15. Links 21/10/2016: MPV 0.21, Mad Max for GNU/Linux

    Links for the day

  16. EPO Caricature: Battistelli's High Five

    Another cartoon about the sad state of the EPO

  17. Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

    Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

  18. EPO Spokesman Lies to IP Watch in Order to Save Face and Save the King (Battistelli)

    Rewriting history (revisionism) regarding Battistelli and what was demanded amidst abusive behaviour from him

  19. Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

    The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

  20. Links 20/10/2016: Linux 4.10 Preview, ONF and ON.Labs to Merge

    Links for the day

  21. Battistelli-Commissioned PwC 'Study': The Raw Outcome Shows Distortion of the Facts at the EPO's Notorious 'Social Conference'

    Results of the Staff Survey carried out by PwC, in order to provide some propaganda for Battistelli's expensive Social Conference

  22. Addendum: EPO's Alberto Casado Cerviño, WIPO's Francis Gurry, and EUIPO's Archambeau

    Photos taken as part of an IP event which took place in Riga (Latvia) in March 2015

  23. Worrisome Connections Between EPO VP2 Alberto Casado Cerviño and Patricia García-Escudero Márquez

    Exploring the potential conflicts of interests implicating the EPO's Boards of Appeal Committee

  24. Site's Infrastructure Under Attack and Upgrades Ahead of Major New Publications

    Protections for the Web site have been improved and capacity increased in order to avoid or at least prepare for another week of abusive/spam traffic

  25. Team Battistelli's Conspiracy Theory: SUEPO is Behind Everything, EPO Management is Trying to Tell the Media

    Attempts to blame SUEPO, the staff union of the EPO, even though SUEPO has nothing to do with articles that are critical of the EPO while many thousands of EPO employees are disgruntled

  26. Links 19/10/2016: Canonical Livepatch Service, Plasma Plans

    Links for the day

  27. The 'Sarah Sharps' of Microsoft: Not the Kind of Scandal the Media Cares Enough to Write About

    Another example of the large (industrial) scale of sexual discrimination at Microsoft -- a company that tries to advertise itself as diverse or tolerant and stigmatise Free/Open Source software (FOSS) as intolerant and/or not diverse

  28. EPO Caricature: EQE Questions

    The latest EPO cartoon, this time about European qualifying examination (EQE)

  29. The Long History or Seeds of Control by Fear and Punishment at the EPO

    The latest hogwash from Team Battistelli (Pinocchio), the latest instance of software patents promotion by EPO Principal Director, and an old (decade-old) nugget of information from the Forum for Principal Directors

  30. Subject of the European Patent Office's Abuses Raised in European Parliament by Ulrike Müller (ALDE)

    A local copy of a bunch of questions asked less than a month ago by Ulrike Müller at the European Parliament, regarding the unacceptable state of affairs at the European Patent Office (EPO)


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