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 30/3/2015: Linux 4.0 RC6, OpenELEC 5.0.7

    Links for the day



  2. Techrights Cited by European Politicians in Support of EPO Staff's Causes

    Benoît Battistelli's right-hand man is charaterised as suspected of corruption in European Parliament questions



  3. When the EPO Came Under Fire From the Netherlands and Before Systemic Corruption Was Revealed

    Questions that targeted the Dutch Minister of Justice amidst EPO abuses against staff and a shameful failure to enforce a court's decision



  4. Links 29/3/2015: Red Hat's Stock Soars, Kodi 14.2 Released

    Links for the day



  5. Speculations That Microsoft is About to Buy Cyanogen (or at Least Officially Partner) to Attack Google's Android/Linux, Replacing Everything With Microsoft

    Articles in the corporate media and some analysis from smaller media sites serve to highlight the role which Microsoft plays in Cyanogen



  6. Links 28/3/2015: FoundationDB FOSS Shut Down by Apple, European Commission Support for Free Software

    Links for the day



  7. Microsoft Keeps Pretending to be 'Open Source', Despite Relentless Assaults on Open Source

    Microsoft's charm offensives against Free/libre software are proving to be rather effective, despite them involving a gross distortion of facts and exploitation of corruptible elements in the corporate media



  8. Željko Topić and Ivan Šimonović, Two Residues of Ivo Sanader's Corrupt Regime, Seen as Indirectly Connected

    Further exploration of the remnants of Sanader's highly notorious record and those whom he had brought to power before he landed in jail



  9. Links 27/3/2015: Ubuntu 15.04 Second Beta, Dart 1.9

    Links for the day



  10. The EPO's Dutch Scandal Leaves Battistelli and His Cronies on the Run

    EPO management is making concessions and issues statements which admit defeat, allowing the staff union to continue its activities



  11. Microsoft Won't Let People Wipe (Off) Windows But Happily Wipes Android, Wipes Android Apps Through Cyanogen and Blackmailed 'Partners'

    Microsoft's obscene double-standards leave Android and Linux between a rock and a hard place



  12. Links 26/3/2015: GNOME 3.16 Officially Released

    Links for the day



  13. Links 25/3/2015: India Moving to Free Software

    Links for the day



  14. Another Reason to Boycott UEFI: Back Doors or Crackers

    UEFI makes computers more prone to infections, according to some security experts



  15. The EPO's Administrative Council is Under Increased Pressure to Rein in and to Finally Stop Benoît Battistelli

    The EPO's Administrative Council (AC) is about to have a meeting, so the Member States' delegations are urged to call for action



  16. IRC Proceedings: February 22nd - March 21st, 2015

    Many IRC logs



  17. The Latest Microsoft Attacks on GNU/Linux and Free/Libre Software

    Microsoft is still hiding behind the façade of 'love' whilst actively attacking GNU/Linux and Free software from many directions



  18. Attempts to Disrupt Android by Pushing Microsoft Software Into It (Using Patent Blackmail and Cyanogen)

    Microsoft's Android coup d'état is succeeding owing to public apathy and poor comprehension of what Microsoft really is up to, partly due to media misdirection



  19. Links 24/3/2015: WebKitGTK+ 2.8.0, Black Lab Linux 6.5

    Links for the day



  20. Concerns Over Željko Topić's Alleged Powerful Links in Croatian Diplomacy

    Rikard Frgačić explains the powerful connections acquired though Ivan Šimonović, who is himself connected to EPO Vice-President Željko Topić



  21. Benoît Battistelli's EPO Comes Under Fire From Prominent Figures Who Are Key EPO Stakeholders, Expect Battistelli to Resign 'in the Longer Term'

    The ‘reign of terror’ which is primarily attributed to Battistelli and his cronies may be about to end; the Luxembourg parliament approves the Unified Patent Court



  22. Benoît Battistelli's EPO is Under Attack From French Politicians Yet Again

    More EPO interventions -- this time from France -- target Benoît Battistelli over his abuses and take it up to Eurocrats for political actions



  23. Bribes and Extortion Help Turn Android (Linux-powered) Into 'Microsoft Android'

    A strategy involving harassment and bribes drives large Android players into Microsoft's arms (PRISM and lock-in), much to Google's (and users') detriment and beyond regulators' range of visibility



  24. Microsoft-connected Black Duck Software Created by Microsoft Marketing Man as an Anti-GPL Operation, Admits the Management

    Black Duck "was founded [on] the idea ... to keep GPL-licensed code out of corporate codebases entirely," according to a new report



  25. Links 23/3/2015: Linux 4.0 RC5, Kubuntu Celebrates Ten Years

    Links for the day



  26. Microsoft Admits Lying (or Deceiving) About the Cost of Vista 10

    After much hype in the press about Windows being 'free' it turns out that Microsoft just lied yet again, leaving that lingering perception that Windows is as inexpensive as GNU/Linux



  27. Politics of Blackmail at the EPO

    Comments serve to highlight the role of bribes (or contrariwise blackmail), as allegedly exercised by the current management of the European Patent Office



  28. Benoît Battistelli's EPO Comes Under Attack From the British

    A British MEP criticises Battistelli and the management of the European Patent Office (EPO) while Baroness Lucy Neville-Rolfe, UK Minister for Intellectual Property, gets closer to Battistelli in a tactless effort to improve relations



  29. The Royal Norwegian Department of Labour on the Right of European Patent Office (EPO) Workers to Strike

    The role of bureaucrats from Norway in defending (or not) the rights of EPO workers -- rights that the EPO's management is actively trying to deny and punish for



  30. Michael Silver Back to Acting as Gartner's Microsoft Agent, Promoting Vista 10 Based on False Promises

    Vista 10 in the headlines as its marketing propaganda zones in on false perceptions around cost, aided in part by longtime foes of GNU/Linux such as Gartner, especially its Microsoft-embedded elements (Michael Silver and co-workers)


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