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

10.24.12

Apple Attacks on Android (and Linux) Continue to Summon Patent Nemesis

Posted in Apple, GNU/Linux, Google, Patents at 7:41 am by Dr. Roy Schestowitz

“FSF did some anti-Apple campaigns too. Personally I worry more about Apple because they have user loyalty; Microsoft doesn’t.”

Bradley M. Kuhn (SFLC)

Summary: Apple stories of shame and notable patent complaints relating to Apple litigation

THERE is improved realisation in the FOSS community that Apple is a threat and that software patents are Apple’s weapon of choice against FOSS. Torvalds, a proud user of Apple hardware, calls for the end of software patents again, perhaps not realising that he surrounds himself by some of the same companies that promote these most adamantly. To quote a subscribers-only new article:

Linux operating system pioneer Linus Torvalds has called for the US to abolish software patents…

This takes some guts. Why? Well, some backers of the Linux Foundation, such as IBM and Intel, promote software patents. We covered some examples as such before.

People who denounced me for what I wrote about Steve Jobs finally tell me I was right all along because it is him who made Apple an arrogant aggressor. He thought he had invented smartphones and managed to convince some people that he had. Only yesterday I heard this nonsense said by two friends in their fifties. Suffice to say, I rebutted.

“Well, some backers of the Linux Foundation, such as IBM and Intel, promote software patents.”Apple continues to collect software patents on obvious ideas that are merely old stuff “on a phone”. See this one new example: “Oh Sure, Now The Patent Office Realizes Apple’s ‘Rubberbanding’ Patent Is Both Obvious And Not New”

“We’ve expressed concerns in the past about the crappy job that the USPTO does in approving patents, when it’s clear that, the majority of times that the USPTO is asked to go back and double check its work, it is forced to admit it was wrong. This happens quite frequently in high profile patents used in lawsuits as well. And while some judges are willing to wait for the USPTO to admit its errors, too often the courts just rush through, assuming that the patent must be perfectly valid. Given all that, it’s worth noting that the USPTO has now issued a non-final rejection of all claims in Apple’s infamously ridiculous “rubberbanding” patent, over the ability for a page to “bounce back” if you scroll to the edge. The key claim in the patent was rejected for failing both standards for patentability. That is, the court found it to be both obvious and not new. Of course, if they had asked anyone who knew anything about programming, they could have told you that ages ago.”

Groklaw has covered this too. Apple’s bounce-back patent is also on its way out (caution: article quotes/cites paid spinner Microsoft Florian). But Apple continues to patent yet more nonsense (more quickly than old nonsense is nullified) and Samsung is moving forward with more features, which actually put Android ahead of anything Apple can offer:

Its accountants may be wringing their hands, but South Korean manufacturing giant Samsung is putting on a brave public face, despite being ordered to pay $1 billion in fines to Apple for copyright infringement. Samsung is forging ahead, with its new phones packed with innovative features continuing to gobble more of the domestic market share.

Although Samsung denies it, Apple is getting ditches by Samsung Display (maybe there is only some truth to it, e.g. prospectively) and Japanese courts throw out another case, just as they did Apple’s. Charles Arthur, here in the UK, provides an overview of key issues and Pamela Jones shows how evil Apple is being. To quote:

One of the exhibits Samsung has now made public tells an interesting tale. It’s the slide presentation [PDF] that Apple showed Samsung when it first tried (and failed) to get Samsung to license Apple’s patents prior to the start of litigation. While some of the numbers were earlier reported on when the exhibit was used at trial, the slides themselves provide more data — specifically on the difference between what Apple wanted Samsung to pay for Windows phones and for Android phones. The slides punch huge holes in Apple’s FRAND arguments. Apple and Microsoft complain to regulators about FRAND rates being excessive and oppressive at approximately $6 per unit, or 2.4%; but the Apple offer was not only at a much higher rate, it targeted Android in a way that seems deliberately designed to destroy its ability to compete in the marketplace.

Many sites including Groklaw took note of the new study on patents which impacts smartphones. Mike Masnick’s site says:

There Are 250,000 Active Patents That Impact Smartphones; Representing One In Six Active Patents Today

A few years back we created a graphic to highlight the ridiculous patent thicket around smartphones. It really just highlights some, though not all, of the litigation concerning patents related to smartphones.

Groklaw speaks of samsung legal strategy here:

Samsung Has Workarounds for All 3 “Infringed” Apple Patents; and Some Testimony on the ’381 Patent ~pj

Samsung has created workarounds for the three Apple patents that the jury ruled were infringed, the ’381, ’163 and ’915 patents. The ’381 patent is the one that the USPTO just tentatively rejected, due to prior art. But in any case, none of these patents are now being used by Samsung, according to a declaration [PDF] by Tim Rowden, VP of Product Management at Samsung, just filed with the court. It’s in support of Samsung’s opposition to Apple’s motion asking for a permanent injunction. Obviously, there is nothing to block if Samsung isn’t using any of the patents any more.

Amazon, one of the largest technology companies around, is among those who complain about the patent wars against Android:

It is starting to look like Amazon boss Jeff Bezos is right – patent wars are killing the tech industry.

Bezos, who famously encouraged his staff to file for controversial web patents on obvious ideas like “one click to buy”, appears to have had a change of heart and is turning into an advocate for patent reform.

Now new research, seen by InfoWorld and published as a consequence of the America Invents Act, supports Bezos’ worries.

The Government Accountability Office (GAO) has conducted a study on the effects of patent trolls on the economy by using figures squeezed from the Stanford IP Clearinghouse (now called Lex Machina).

Covering five-years from 2007 to 2011, the report identifies and classifies patent activities across all industries and uses a statistically significant sample to draw conclusions.

Let’s wait and see if anything gets done about it. Mike Masnick argues that ending software patents would be merely the start but not the solution because hardware patents may be next. As he puts it: “There’s been plenty of talk about software patents, and tons of discussions from people suggesting that perhaps the “solution” to problems with the patent system are to simply carve out software (and business method) patents, and make those unpatentable. There are plenty of reasonable arguments for why “software” should not be patentable (I tend to find the arguments that you can’t patent math, and that software is really math, the most compelling). However, I’d like to argue that while software patents are a large part of the problem, focusing solely on carving out software patents does not address the real problems of the patent system — and, in fact, could serve to paper over the real problem by solving for a “symptom” (i.e., an awful lot of “software” patent trolling cases).”

The debate about patents has shifted somewhat; some call for the end of all patents, not just software patents. Let’s keep involved in this debate. Difference is definitely being made, little by little.

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

4 Comments

  1. NotZed said,

    October 24, 2012 at 8:08 am

    Gravatar

    “Apple’s bounce-back patent is also on its way out”

    Oh god, I hope this doesn’t mean more applications start using it.

    It’s the most annoying feature on firefox/android, quite headache inducing.

    Dr. Roy Schestowitz Reply:

    Apple has US monopolies on some bad or malicious ideas, e.g. disabling a phone remotely to restrict filming.

    That’s the genius of Mr. Jobs.

  2. mcinsand said,

    October 24, 2012 at 9:13 am

    Gravatar

    Roy, one of the nicest features of your site, when I found it, was being allowed to crticize Apple without messages being deleted or having a warning show up in my account. Sadly, very sadly, too many of the FOSS community are finding out how wrong they were when they were looking the other way… when they assumed that ‘the enemy of my enemy is my friend,’ and so any company that is not Microsoft must be okay. Even more sadly, I can say that I was right in that a company that is as evil as Apple can’t be ignored, just because it has/had a minor market share. Several times, I was told forcefully that the major market share offenders are the ones to worry about, and I kept spouting back that, if you don’t deal with a problem when it is small, then you will have a real headache if it grows larger. Apple is that problem. When it comes to evil, anticompetitive behavior, and when it comes to anti-FOSS principles, Apple is the pro, while MS is just a lucky amateur.

    In a good way, Apple is desperate, while, in a bad way, they know that they have to lash out with any weapon that they can muster. Apple cannot compete against Android on performance, so software patents, litigation, and injunctions are their only option. Again, they don’t mind taking and copying from FOSS, as we saw with Webkit, but they feel entitled to keep any benefit for themselves. Every one of us that purchases electronic hardware has a choice, and we need to stringently avoid anything with the Lemming-Logo on it… and I wish Mr. Torvalds would realize that pretty on the outside is ugly on the inside, especially when the purchase profits support evil. For people that value freedom, choice, and ethics, the Lemming-Logo should be anathema.

  3. Michael said,

    October 25, 2012 at 4:21 pm

    Gravatar

    Not only is Apple not against open source, they make use of a lot and manage some large open source projects. The whole premise of this article is absurd.

What Else is New


  1. “Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

    The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists



  2. Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

    The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)



  3. Watchtroll and His Swamp Still Blame Google (Where Michelle Lee Came From) for Improving and Gradually Fixing Aspects of the US Patent System

    Shooting the messengers (even wrongly associating yours truly with Google) in an effort to undermine patent reform when it is so desperately needed due to serious injustices



  4. In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

    Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group



  5. Michelle Lee, USPTO Director, Should Recognise That the Patent Microcosm is Her Enemy Which Hates Her

    The latest outburst from the patent microcosm, which has a temper issue and notorious disdain for judges it does not agree with, is more of what we have come to expect



  6. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

    Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world



  7. Beware Fake News About the Unitary Patent (UPC)

    The UPC is dead, deadlocked, stuck, in a limbo and so on; those who claim otherwise are merely lobbying (in disguise of "analysis" or "news")



  8. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  9. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  10. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  11. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  12. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  13. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  14. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  15. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  16. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  17. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  18. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  19. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  20. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  21. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day



  22. EPO Totally Silent for a Month, But Deep Inside There Are Serious Cracks

    The situation at the EPO seems to be pretty grim, even at the top-level management, and the EPO has gone into permanent silence mode



  23. Links 16/1/2017: Linux 4.10 RC4, Linux Mint 18.1 'Serena' KDE Edition Beta

    Links for the day



  24. 'Financial Director' Publishes Fake News About the Unitary Patent (UPC)

    Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm



  25. Independent and Untainted Web Sites About Patents Are Still Few and Rare

    Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them



  26. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation



  27. US Supreme Court Did Not End Apple's Patent Disputes Over Android (Linux), More Cases Imminent

    An overview of some very recent news regarding the highest court in the United States, which has been dealing with cases that can determine the fate of Free/Open Source software in an age of patent uncertainty and patent thickets surrounding mobility



  28. Links 15/1/2017: Switching From OS X to GNU/Linux, Debian 8.7 Released

    Links for the day



  29. Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls

    Litigation and prosecutions that rely on patents (failure to resolve disputes, e.g. by sharing ideas, out of court) is down very sharply, in part because firms that make nothing at all (just threaten and/or litigate) have been sinking after much-needed reform



  30. America Invents Act Improved Patent Quality, But Right Wingers Threaten to Make It Worse Again

    The past half a decade saw gradual improvement in assessment of patents in the United States, but there is a growing threat and pressure from the patent microcosm to restore patent maximalism and chaos


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