Bonum Certa Men Certa

Patents Can Drive Apple and Microsoft Away From Litigation Tactics

Apple snipers



Summary: Backers of Android successfully fight back against the duopoly (Apple and Microsoft), which in turn uses FRAND smears to just act like a victim rather than an oppressor

THE Android defence in the face of Apple's patent aggression has usually been based on the claim that Apple's patents are not novel (prior art exists) or that Apple too violates patents -- patents owned by the defender. Well, that is where counter-suing comes into play (deterrence).



A ban against the successful Android tablets has been lifted by the now-controversial Judge Koh [1, 2] and it is said that Apple may owe Samsung money, proving again that deterrence might be effective. Pamela Jones writes: "Judge Lucy Koh has dissolved the preliminary injunctions against Samsung's Galaxy Tab 10.1 saying that the sole basis for it was the Court's finding that Samsung likely infringed Apple's D'889 patent, but the jury has found otherwise. "

This did not come out of nowhere. It happened following a request that Jones has been tracking. Others weighed in as well.

Apple is clearly getting angry at Samsung, its own supplier. HTC seems to be following similar footsteps [1, 2] where patents are being used against Apple's patents. HTC was Apple's first victim and Eric Schmidt gets personally involved. As one news site put it last month, "Google executive chairman Eric Schmidt on Thursday criticised raging patent disputes in the global mobile industry, warning that they stifled innovation and reduced consumer choice."

It is claimed that Google and Samsung are working on the patent issue together, with Schmidt getting personally involved.

Larry Page, the CEO of Google, is also participating in the battle against patent aggression and Pamela Jones looks at Google's own case to defend from Microsoft extortion. She writes: "A lot of you have been asking questions about Friday's decision [PDF] in Microsoft v. Motorola by the 9th Circuit Court of Appeals. Motorola lost its appeal of the district court's decision that it can't enforce currently the German permanent injunction it won against Microsoft for infringing Motorola's patents. Of course, after the trial in Washington State, it can appeal again then, ot it can ask for reconsideration and for en banc review, but for now, that door is closed by this decision."

Motorola, as far as this division goes, is part of Google now. This makes it the common target of Microsoft FUDMeisters like Florian Müller and the judge who sought to address the FUD epidemic changes course: "So, after thinking about this all day, here's what I think it means. I think it is significant that he mentions this in connection with Google's request for a new trial or JMOL. That is the context of the judge's request for a list of any paid bloggers or commenters on the trial. I infer therefore that somebody put an ugly bee in his bonnet, and now he has learned that it was false. And ugly. That's the thing about smear campaigns. A lot of people will believe there must be something to them, even when there isn't a wisp of truth to the smears. Google is the target of a smear campaign, without a doubt in my mind. And the funny part is the judge is saying that it didn't influence him at all. That makes me smile. "

"Apple has been on Microsoft's side for years; they share an enemy called Android."One common smear against Motorola is FRAND and Jones explains why it is nonsense: "There was a hearing in the 9th Circuit Court of Appeals on September 11th that centered on Microsoft and Motorola's dispute over Motorola's standards-essential patents that Microsoft uses but so far has refused to pay a penny for. And that gives us an opportunity to look a little more closely at what I have now decided to nickname the Microsoft Standards Patents Shell Game. Apple is holding hands with Microsoft and singing the same tune, as we noticed the other day."

The latest news says that Motorola won against Microsoft in Germany, marginalising Microsoft's attack over there.

Apple has been on Microsoft's side for years; they share an enemy called Android.

It is worth adding that Xamarin, especially after getting money from sources close to Microsoft, pollutes Android with proprietary Mono software. The idea is to make new apps dependent on Microsoft patent trap. Their business model goes like this: "Customers with update subscriptions can download MonoTouch and Mono for Android via their Xamarin Store accounts. Trial versions are also available, but apps created using these versions are limited to only running in emulators, not on actual hardware."

Android's last adoption barrier is patents, especially the patent attacks from Apple and Microsoft.

Recent Techrights' Posts

The Mainstream Media Took 4 Days to Realise Microsoft Shut Down Its Operations in Pakistan and Fired Everybody
We estimate that Microsoft has had about 29,000 layoffs since January
“Twibel” Actions Against Comedians (and Why It's a Truly Low Blow)
they try to make up in quantities for a lack of merit or quality
Rewriting Things in Rust
How far would you go?
 
PCLinuxOS Sites Coming Back, Gradually
let's just be patient
Social Control Media, Even If Based on Free Software, Still Has Many Problems
a distraction from what actually mattered and still matters
IBM is Not Your Master
IBM makes friends with people who exclude the majority of the population: women
Help Fund the Free Software Foundation (FSF)
If you have some dollars to spare, go support the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 05, 2025
IRC logs for Saturday, July 05, 2025
A Short History of Attacks on Techrights (and Boycott Novell Before That)
good opportunity to tell again the story of several (not all) attempts to silence us
Leadership in Free Software
Don't let IBM lead. It's a terrible flag bearer.
Linux Foundation Apparently Flirting With Slop (Marketing by LLM-Generated SPAM)
The Web is in a really bad state!
COVID-19 Sped Up Site Improvements in Techrights
A few months later we created our very own IRC network
Gemini Links 05/07/2025: Negative Questions and 'Touching Grass' (Going Outside)
Links for the day
Links 05/07/2025: Dalai Lama Succession as 90th Birthday Approaches, 40 deg C in China
Links for the day
Links 05/07/2025: Hungary and US Defecting to Russia, "Google's Hotseat Hypocrisy"
Links for the day
Gemini Links 05/07/2025: 4th of July 2025 and "Zig Roadmap 2026"
Links for the day
How to Combat the Exploitation and Abuse by Microsoft GitHub
Not to mention corruption and crimes against women
Bryan Lunduke is Actually Sending His Audience to Attack People
"[Lunduke] is actually sending his audience to attack people."
Even The Right Wing is Rejecting Bryan Lunduke
no wonder he became so irrelevant and marginal
Microsoft's MSN Helps Microsoft Spread Lies About the Layoffs' Scale (Well Over 25,000 People Laid Off This Year)
There seem to be monopolies on lies and on truth
The Death of X Has Been Greatly Exaggerated (by Compromised Media)
X.Org Server is alive and well
In 2025 Everything is "AI". Remember Blockchains?
Talk about what companies and things (services, products, software) actually do, not the labels they use
Julian Assange Has Been Free for a Year
Julian Assange and I disagreed on some things
Monopolies and Scalping
Monopolies gravitate towards price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 04, 2025
IRC logs for Friday, July 04, 2025
Microsoft's August Layoffs Wave: "August is Confirmed for Additional Performance Based Cuts"
"August is confirmed for additional performance based cuts from the recent connects along with additional organizational cuts."
What Microsoft Reputation Laundering (With a Weaponised Law Degree) Looks Like in a Foreign Continent
You would expect this in uncivilised and primitive countries
Slopwatch: LLMs 'Write' Fake or Distorted 'News' About "Linux"
LLM slop disguised as news
Links 04/07/2025: Google Replaces the Web With Slop, "AI Might Kill Us All"
Links for the day
Gemini Links 04/07/2025: Mindfulness and F1
Links for the day
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead