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

11.09.12

Apple in Patent Race Against Google, Not Just Android Backers

Posted in Apple, GNU/Linux, Google, Patents at 8:26 am by Dr. Roy Schestowitz

Round corners? Don’t even think about it, it’s patented now!

Samsung Galaxy S2

Summary: More litigation from iPhone and iPad backer, seeking to disturb the competition rather than innovate

Apple has got a patent on rounded rectangles from the USPTO, leading to all sorts of negative coverage about the company. We’ll give this as an example:

SIGH. After years of speculation, the US Patent and Trademark Office on Wednesday actually issued a design patent to Apple for rectangular devices with rounded corners.

It seems that Samsung’s worst nightmare has come true, as the patent, D670,286 covers a “portable display device” and literally appears to give Apple the rights to a rectangle with rounded corners. In basic terms, this means Apple pretty much now owns the rights to the rectangle in the US.

Apple has even more malicious patents — ones that seek a monopoly on devices that suppress their users. What was the USPTO thinking? Well, it does not think, it’s not a person, it’s just a corruptible institution for protectionism (mostly for US-based firms), where patents are granted on far too many things. Consider the example from the other day — a lawsuit by CA Technologies. Here are some more details and patent numbers:

CA Technologies, the former Computer Associates, has thrown a patent sueball at application performance management (APM) software rival New Relic in Federal court.

The lawsuit, filed yesterday in the US District Court for the Eastern District in New York, claims that New Relic violated three patents that came into CA’s possession through acquisitions. As you can see in the complaint (PDF), CA is alleging that New Relic’s software violates patent numbers 7,225,361 B2; 7,512,935 B1; and 7,797,580 B2.

These are software patents. Apple tried introducing them through FRAND [1, 2], as does Microsoft, which lobbies for that heavily. Pamela Jones has the latest on that:

The parties in Microsoft v. Motorola have filed their trial briefs, albeit in redacted form. Keep in mind that a trial brief means what the party thinks is at issue and what its position is going into trial. Neither side has proven anything yet. That’s what the trial if for. But it does give us a clear picture of where each side sees its position at this point. Microsoft’s main argument is that FRAND licenses should be priced similarly to patent pool licenses, like MPEG LA’s. A novel idea. But this is their position, maybe because it’s how it would like it to be, even though it has never been so before. It shows that Apple and Microsoft are a bit newer to FRAND than Samsung and Motorola, and they don’t like how it’s always been, because it will cost them, and they want Android to lie down and die.

Apple tried such an attack on Motorola, but it lost the case. Apple deserved this. “Apple engineers ‘pay no attention to anyone’s patents’, court told” and the hypocrisy from Apple simply shows arrogance:

Displaying its arrogance, once again, Apple stated that they would not be bound by the court order if the court sets the price of FRAND licenses be more than $1. (read detailed coverage on Groklaw)

Bad news for Apple is that judge Barbara B. Crabb has dismissed the case with prejudice which means there won’t be any refiling of the case. Only way out for Apple is to go for an appeal.

Apple keeps losing market share and inertia, so this loss really is serious news. Appeal or no appeal, Apple is losing time and getting too distracted. Apple could make better products rather than apply for more and more patents (which takes up time).

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

2 Comments

  1. mcinsand said,

    November 9, 2012 at 9:23 am

    Gravatar

    When Google bought Motorola, I smiled. The smile wasn’t from the patent portfolio, which people have speculated was the reason for Google’s purchase, but for Google’s investment in the hardware market. Android is not just thrown out there for manufacturers to use at their own risk, but Google is there shoulder-to-shoulder. The hardware struggles are now Google’s as well, and it also gives Google better legal standing to get involved in lawsuits when technological terrorists like Apple, Microsoft, or whoever start lawsuits based on bogus patents.

    The guest article that you featured also gave some great food for thought. The idea of a cross-licensed patent portfolio as the entry ticket to a cartel, guild, trade union, whatever makes sense, and it also explains why it has brought out the darkest evil from the duopoly. Where Apple and MS have used rounded corners and whitespaces (as respectively ridiculous patents) to keep the market closed, Google is now coming along to throw the doors wide open. Thanks to the continual intellectual investment and reinvestment guaranteed by the GPL, no other software is innovating nearly as fast as the Linux ecosystem. No wonder Apple and MS miss no chance to copy from it. Both companies are ever more desperate to find a way to stop it, because competing on a performance basis is simply impossible.

    Dr. Roy Schestowitz Reply:

    Android has got Samsung’s and Sony’s patents on its side now. They have a massive portfolio, maybe bigger than Motorola’s. If only Google had saved Nokia before the mole got in…

What Else is New


  1. Links 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  2. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  3. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  4. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  5. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  6. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  7. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  8. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  9. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  10. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  11. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  12. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  13. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  14. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  15. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  16. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  17. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  18. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security



  19. Forget the FUD About Bash and OpenSSL, Microsoft Windows Blamed for Massive Credit Cards Heist

    Home Depot learns its lesson from a Microsoft Windows disaster, but it stays with proprietary software rather than move to software that is actively audited by many people and is inherently better maintained (Free/libre software)



  20. Windows 'Update' and NSA Back Doors, Including a 19-Year Bug Door in Microsoft Windows

    The back doors-enabled Microsoft Windows is being revealed and portrayed as the Swiss cheese that it really is after massive holes are discovered (mostly to be buried by a .NET propaganda blitz)



  21. Revealed: Microsoft is Trying to Corrupt the UK in Order to Eliminate Its OpenDocument Format-Oriented Standards Policy

    Microsoft interference with Britain's preference for ODF is now confirmed, thanks to a valuable news report from Computer Weekly; OOXML lock-in is being unleashed by Microsoft on Android users



  22. Links 13/11/2014: Ubuntu MATE 14.04.1 LTS, New KDE Plasma

    Links for the day



  23. .NET is NOT "Open Source", But Microsoft's Minions Shamelessly Openwash It Right Now

    The openwashing of .NET continues with yet another publicity stunt that is intended to lock in developers



  24. Links 11/11/2014: GNOME Trademark Dispute Settled, Mozilla Embraces Tor

    Links for the day



  25. Patent Reform Subversion After Republican (GOP) 'Win' in US Senate

    The Grand Corporations Party, or the political party which serves large businesses that are funding it, continues to just focus on a mirage of a 'reform' rather than tackle the real issues where culprits include very large businesses such as Microsoft and Apple



  26. Microsoft-Armed Patent Troll MOSAID (Now Conversant) Wants to Sweep up More Patents for Litigation

    Reports about patent trolls and scope of patents serve to show what the foes of Free software are up to right now



  27. When Courts in the US Attack the Right to Reuse APIs

    Challenging the clueless ruling from the Court of Appeals for the Federal Circuit in the United States (very pro-software patents and anti-computer science), notable programmers write to the highest court



  28. Links 10/11/2014: 2015 GNU/Linux Forecasts, Debian Shakeup

    Links for the day



  29. Links 7/11/2014: War Thunder on GNU/Linux, KaOS ISO 2014.11

    Links for the day



  30. Links 6/11/2014: Ubuntu Tablet Confirmed, Compiz 0.9.12 Released

    Links for the day


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