Bonum Certa Men Certa

Misconduct in Apple Litigation Against Android Discredits Patents, Courts

William Sydney Porter, who coined the phrase "banana republic"

William Sydney Porter



Summary: The ugly details about a pro-Apple verdict and some related news about a decaying system controlled by multi-national corporations

Articles about misconduct in Apple's trial against Android say that "Samsung Seeks New Trial, Accuses Foreman Hogan Of Implied Bias" and "Samsung claims foreman lied about his past to get on Apple v. Samsung jury". Jury of cultists?



"This is what happens when litigation becomes a business strategy."Groklaw, an in-depth research site, looks closer at "More Unredacted Documents... Re Foreman, "Proof" of "Copying" That Isn't" and this seems likely to become horrible PR for Apple and for the legal system. Jones writes: "The judge in the Apple v. Samsung case ordered more documents unsealed and unredacted, and so there is another mountain of filings that previously were redacted and are now publicly available in full. When you see "Filing is Sealed" on them, you can ignore it. It's no longer the case. And while many of the new filings are dated as filed this month, if they say "Unredacted", they are actually older documents now being refiled in an unredacted state, so a lot of the discovery arguments you'll see on the list are already ruled on. We also learn some new details about the foreman from his bankruptcy that raise additional questions in my mind.

"As for what's new, the parties are, as usual, going at each other in every possible way in every nook and cranny of the post-trial motions. Samsung points out that the judge told the parties to restrict their filings regarding a permanent injunction and enhanced damages to 30 pages. Apple instead helped itself to extra pages, Samsung says, by attaching a gazillion exhibits and declarations. The motion for enhancements was filed under seal originally, but you can read the public version [PDF], and if you go to this page, you'll see for yourself all the exhibits attached to docket number 1982 and the declarations in support that follow, numbered from 1983, which has more exhibits, to number 1986. Samsung has a point. And so Samsung wants some portions of the declarations cut, and it presents a list of proposed cuts, also asking for expedited briefing."

Apple is meanwhile getting more software patents and getting sued for violating some [1, 2, 3]. This sort of hypocrisy was covered here before.

This is what happens when litigation becomes a business strategy.

"Sony has many patents, so going to patent war against it would not be wise."Andy Oram, a proponent of software patents (but whose opinion might be changing on this), spoke to Keith Bergelt, who then says that "OIN has spent millions of dollars to purchase patents that uniquely enable Linux and open source and have helped free software vendors and developers understand and prepare to defend against lawsuits."

This is not the solution. It might be fine for giants like Sony, but what about SMBs? To quote Reuters, "Sony Mobile, which uses Google Android software for its smartphones, has not seen much impact from patent problems of the software platform."

Sony has many patents, so going to patent war against it would not be wise.

Google is patenting software as well. Bad stuff, but business as usual in the US. Software patents are granted there without shame [1, 2, 3, 4, 5]. It's a bragging right. Newspapers treat it like a national sport as if monopolies are trophies. Never mind if it is a monopoly on ways to save lives.

Michael J. Miller says that "Software Patents Mean More Litigation, Less Innovation" (in IDG and also in other networks) and disdain of the patent system as a whole becomes very publishable (we omit many such articles that criticise the patent system because of Apple alone).

The legal system as a whole suffers a PR crisis after juror misconduct in the case against Android. Let's not forget this other important case: "I suppose that "any and all other orders and rulings adverse to Oracle" language might be an umbrella intended to include the denial of its JMOL motion, actuallly, now that I'm reading the wording carefully. But what they really care about is getting a ruling that Java APIs are copyrightable, including "structure, sequence, and organization of the accused 37 Java API packages". That was their claim against Google, that it infringed those interfaces. Here's the order Oracle didn't like on that point (Docket No. 1211).

"Appeals matter, as you can see.

"The legal system as a whole suffers a PR crisis after juror misconduct in the case against Android.""I hope you also see why politicians are currently trying their best to stack the courts with judges who see things their way. People who want to win no matter how, and who believe in might-makes-right, view it as a great solution. But I hope you see why it is so important to keep politics out of the courts. What is the point of having a judicial system where you get rubber-stamped, political results, rather than results based on the facts of your case? It makes a mockery of the concept of blind justice, not to mention Constitutional principles, meaning not looking at who the parties are but just evenly treating all comers, based on the law and the facts."

See? Even a legal site like Groklaw is fed up. Professor Larry Lessig recently gave a major speech about how the occupation of lawyers became tied up to corporate interests (working for companies) rather than people. It's a systemic corruption. He too calls it "corruption". As apocalyptic as it may sound, perhaps the best chance for elimination of software patents in the US is a serious collapse of the whole system.

Comments

Recent Techrights' Posts

What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
IBM Behaves Like a Company Looking for Loose Change Between Sofa Cushions
Chasing laid-off workers for dollars and even pennies, making excuses and devising loopholes (such as PIPs) to flout severance obligations
 
Links 20/02/2026: Standards, Science, and Politics
Links for the day
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026
Gemini Links 19/02/2026: "Towards a Gemini Famicom Resource" and Dumping Microsoft
Links for the day
Microsoft Found Another Bailout Opportunity: Killing People
Good thing that Nadella is not racist!
No "Smart Mobs" (Social Control Media) in BRIC?
It looks like the "Social" "Media" sites tracked by statCounter see little from (or of) BRIC, and moreover it is declining fast
The Few Slopfarms We Saw Today
The sentiment has changed a lot
Links 19/02/2026: Protecting Framework Laptop 13, Hardware Drive Shortages
Links for the day
In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
This will become an accessibility problem
Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
Links for the day
An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
This reinforces the notion that justice is only for those who can afford it
These Statistics Should Keep Microsoft Shareholders Awake at Night
Windows is, in general (all versions collectively), declining over time
Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
Bitcoin: government engagement contradictions
Reprinted with permission from Daniel Pocock
Richard Stallman in the United States - Part II - "Haters Gonna Hate"
we shall carry on with this series at the right pace
Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
justice delayed is justice denied
EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
We have some revelations to share in a few days
statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
Microsoft is trying to fake "demand"
Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
This coming weekend we'll drop a 'bombshell' of sorts
EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
This year may well be the last year of Team Campinos. Nobody will hire them after that.
Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
the layoffs are definitely happening
Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
Windows is perishing
Very Little Slop
We are not finding much slop anymore
Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
Links for the day
Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 18, 2026
IRC logs for Wednesday, February 18, 2026
Links 18/02/2026: DMCA Weakened, Anna’s Archive Still Thriving
Links for the day
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026