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

06.29.12

Android Distribution and Freedom Challenged by Apple and Microsoft’s Co-founder

Posted in Apple, Microsoft, Patents at 9:09 am by Dr. Roy Schestowitz

Apple disallows Android imports

Locomotive

Summary: The litigation war of Steve Jobs leads to embargo of Linux-powered tablets and Paul Allen continues patent-trolling

WHEN Apple had its patent assault on Motorola (Android) thrown to the bin a Microsoft booster called it “patent sanity” and Christine Hall called it “Good News On the Patent Front”. The latest news, however, suggests that a US judge let Apple proceed with its outrageous embargo attempts. To quote:

The US patent and legal system is screwed, no doubts about it. There is good news and bad news. The bad news first, Judge Lucy Koh has granted Cupertino’s request to stop the sales of the Galaxy Tab 10.1 in the US. According to the order details, Judge ordered the injunction on the grounds of design patents.

What on Earth is a “design patent”?

Remember that Apple faked 'evidence' in an attempt to stop sale of those devices; not surprising for a company with sheer disregard for the truth and no integrity at all (better to boycott it).

Incidentally, Microsoft’s co-founder, who sued over Android, is still going. As Groklaw summarises it:

The Court has lifted the stay in the case of Interval Licensing against AOL, Apple, eBay, Facebook, Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTube. (269 [PDF; Text]) Acknowledging that the U.S. Patent and Trademark Office has already affirmed all of the asserted claims of the ’652 patent and is all but certain to do so also with respect to the ’314 patent, the Court says it is time to move this case along.

For all of those who have enjoyed the outcome in the Oracle v. Google case, expect this one to be far different. In the Oracle case the Court narrowed the number of claims that Oracle was allowed to assert and Google was able to persuade the USPTO that a number of the remaining asserted claims were invalid. That is not going to be the case here. Interval Licensing has been far more selective in deciding what to assert and has reason to be confident that, at a minimum, an invalidity defense will not work. Interval has also been far more specific in the Interval complaint than Oracle ever was in the Oracle complaint as to the basis for the infringement assertions.

It is also a bit hard to take a shot at Interval as being a troll. While many (most?) of us don’t care for so-called software patents, Interval did not acquire these patents. The patents all come from individuals who were employed by Interval at the time of invention.

Since an invalidity defense is unlikely to be successful, the parties here are going to have to establish that they did not infringe these patents. That is not an impossible task, but given the care that Interval has taken in deciding which patents to assert, the task will be formidable.

The patent mess is far from gone and the loser is everyone but very few. Developers are not the only ones affected by it; the public at large suffers without realising it. Over the weekend I will upload a lot of my code which is most likely infringing on some software patents, but it’s impossible to know how many and which ones. The patent system is a clearly farce when even one-man projects can infringe on many patents, using a keyboard and a mind, or even pen and paper (business methods). Products are actually being blocked, not just taxed, simply because different people have similar ideas.

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. walterbyrd said,

    June 30, 2012 at 12:26 pm

    Gravatar

    Apple’s second victory in a week against Android devices

    Sale of Galaxy Nexus Banned in the US

    June 30, 2012

    http://www.washingtonpost.com/business/industries/us-judge-bans-sales-of-samsungs-galaxy-nexus-phone-during-apple-trial-follows-tablet-ban/2012/06/30/gJQACn6ADW_story.html

    The story is also on slashdot. Here is comment from slashdot:

    ————————-

    I work for Google and I’ve seen how my colleagues have consistently worked long hours to innovate and create new features. The Galaxy Nexus is an amazing phone. It’s thin, and light, and doesn’t even have any hardware buttons on the front at all – yet Apple still are not happy. If you can’t see why you’re blind.

    Apples goal is not to get competitors to “design around” their patents. This has happened several times already, the Samsung Galaxy 3 has even been called out by tech review sites for having a “lawyer approved design” (it’s not rectangular, it does not have slide to unlock, etc). Apple keep coming, with newer and even more stupid patents, because their goal is not individuality, it is the utter destruction of all competitors. Steve Jobs himself said that in words so clear nobody can re-interpret them.

    What’s more, it’s very hard to make an Android phone that doesn’t share design elements with the iPhone these days, because Apple has copied Android many times in the past few years, for example, its notifications tray is identical to the design that first shipped in Android 1.0, and inferior to the one shipping in Jellybean. Android 1.0 also shipped with a universal search box and pluggable API for it, it shipped with suspend

What Else is New


  1. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  2. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  3. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  4. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  5. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  6. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  7. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  8. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  9. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  10. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  11. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  12. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  13. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)



  14. In Spite of Lobbying and Endless Attempts by the Patent Microcosm, US Supreme Court Won't Consider Any Software Patent Cases Anymore (in the Foreseeable Future)

    Lobbyists of software patents, i.e. proponents of endless litigation and patent trolls, are attempting to convince the US Supreme Court (SCOTUS) to have another look at abstract patents and reconsider its position on cases like Alice Corp. v CLS Bank International



  15. Expect Team UPC to Remain in Deep Denial About the Unitary Patent/Unified Court (UPC) Having No Prospects

    The prevailing denial that the UPC is effectively dead, courtesy of sites and blogs whose writers stood to profit from the UPC



  16. EPO in 2017: Erroneously Grant a Lot of Patents in Bulk or Get Sacked

    Quality of patent examination is being abandoned at the EPO and those who disobey or refuse to play along are being fired (or asked to resign to avoid forced resignations which would stain their record)



  17. Links 21/4/2017: System76 Entering Phase Three, KDE Applications 17.04, Elive 2.9.0 Beta

    Links for the day



  18. Bristows-Run IP Kat Continues to Spread Lies to Promote the Unitary Patent (UPC) and Advance the EPO Management's Agenda

    An eclectic response to some of the misleading if not villainous responses to the UPC's death knell in the UK, as well as other noteworthy observations about think tanks and misinformation whose purpose is to warp the patent system so that it serves law firms, for the most part at the expense of science and technology



  19. Links 20/4/2017: Tor Browser 6.5.2, PacketFence 7.0, New Firefox and Chrome

    Links for the day



  20. Patents on Business Methods and Software Are Collapsing, But the Patent Microcosm is Working Hard to Change That

    The never-ending battle over patent law, where those who are in the business of patents push for endless patenting, is still ongoing and resistance/opposition is needed from those who actually produce things (other than litigation) or else they will be perpetually taxed by parasites



  21. IAM, the Patent Trolls' Voice, is Trying to Deny There is a Growing Trolling Problem in Europe

    IAM Media (the EPO's and trolls' mouthpiece) continues a rather disturbing pattern of propaganda dressed up as "news", promoting the agenda of parasites who drain the economy by extortion of legitimate (producing) companies



  22. The Patent Microcosm Keeps Attacking Every Patent Office/System That is Doing the Right Thing

    Patent 'radicals' and 'extremists' -- those to whom patents are needed solely for the purpose of profit from bureaucracy -- fight hard against patent quality and in the process they harm everyone, including individual customers



  23. Another Final Nail in the UPC Coffin: UK General Election

    Ratification of the UPC in the UK can drag on for several more years and never be done thereafter, throwing into uncertainty the whole UPC (EU-wide) as we know it



  24. Links 19/4/2017: DockerCon Coverage, Ubuntu Switching to Wayland

    Links for the day



  25. Links 18/4/2017: Mesa 17.0.4, FFmpeg 3.3

    Links for the day



  26. Patents Roundup: Microsoft, Embargo, Tax Evasion, Surveillance, and Censorship

    An excess of patents and their overutilisation for purposes other than innovation (or dissemination of knowledge) means that society has much to lose, sometimes more than there is to gain



  27. How I Learned that Skype is a Spy Campaign (My Personal Story) -- by Yuval Levental

    Skype is now tracking serial numbers, too



  28. Links 17/4/2017: Devil Linux 1.8.0, GNU IceCat 52.0.2

    Links for the day



  29. EPO Patent Quality and Quality of Service Have Become a Disaster, Say EPO Stakeholders

    Stakeholders of the EPO, in various sites that attract them, are complaining about the service of the EPO, the declining quality of patents (and the rushed processes), including the fact that Battistelli's blind obsession with so-called 'production' dooms the already-up-in-flames EPO and makes it uncompetitive



  30. IAM is a Think Tank for Patent Trolls, Software Patents, the EPO, Microsoft, and Whoever Else is Willing to Pay

    The site where you get what you pay for continues to promote highly damaging agenda, which threatens to disrupt operations at a lot of legitimate companies that employ technical people


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