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.
  • Reddit
  • email
  • Google Bookmarks

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. Christine Lambrecht (German Minister of Justice and Consumer Protection) Ignores the Fact That Even Patent Experts Reject the Unitary Patent (UPC)

    The debacle single-handedly caused by and attributable to Christine Lambrecht, who is eager to appease litigation lawyers, is made yet worse by the fact that people in this domain/profession reject what she's trying to ram down people's throats



  2. [Humour] The Linux Foundation is Not Even Using Linux

    The Linux Foundation does not support Linux except in name; it is important to remember that



  3. Microsoft Loves Power

    An explanation of why Microsoft says it loves this and that; Microsoft lacks the capacity to love or to express empathy as it's always about self gratification or coercion, nothing else



  4. IRC Proceedings: Saturday, July 04, 2020

    IRC logs for Saturday, July 04, 2020



  5. Indoors Society, Shut the Windows

    Times are changing in all sorts of ways; it seems like GNU/Linux and other Free/libre operating systems may emerge as winners when the 'dust settles'



  6. Allegation That Microsoft Adopted the Mentality of Suicide Bombers Against Linux, Leaks Reveal

    Looking at leaked E-mails from around the time Microsoft used Cyanogen as a 'proxy', we're finding some stunning admissions or speculation about the real motivations



  7. [Humour] A Union in Whose Interests?

    The union-busting 'yellow union' (the one that helped Benoît Battistelli marginalise SUEPO) is unable to represent staff any longer



  8. FFPE EPO Has Rendered Itself Obsolete by Liaising With Benoît Battistelli

    FFPE EPO has been left out of staff representation, demonstrating that liaising with the oppressor is a self-deprecating move which must be avoided (the only remaining potent union is SUEPO)



  9. Links 4/7/2020: LibreOffice 7.0 'Personal Edition', Atari VCS Coming Soon

    Links for the day



  10. [Humour/Meme] The 'New' Edge (Chrome Copycat) is Already Dead, So Microsoft is Trying to Just Kill the Competition

    Edge market share is so minuscule that it doesn’t even make it into this chart (it’s in “other”); no wonder Microsoft now bullies Windows users into using it, for users reject it even after months of endless advertising/AstroTurfing and aggressive exploitation/appropriation



  11. Fourth of July in the United Kingdom and the United States

    In these bizarre times Independence Day is still being celebrated, even as so many people are out of work, running out of hope and being fed xenophobia in social control media with a racist 'celebrity' president (the "user in chief")



  12. [Humour] Bigger is Always Better When You're a Deluded Maximalist

    The EPO totally lost sight of its mission; it's just speeding everything up, very carelessly, not minding quality and accuracy/certainty/legal validity



  13. 'Managing Intellectual Property' Managing to Become Uncritical Parrot of EPO Management

    Managing to amplify the EPO's lies isn't hard; one just needs to copy, paste, edit a little; then they call it 'journalism', irrespective of the proven track record of EPO management lying to staff and to the media



  14. IRC Proceedings: Friday, July 03, 2020

    IRC logs for Friday, July 03, 2020



  15. Monopoly Abuse, Still: Microsoft Pays Projects to Embrace/Move to C#, GitHub and Visual Studio

    Microsoft's greatest of efforts to lull regulators into inaction and fool us all into thinking that things have changed are undone by actual behaviour, which is abusive, anti-competitive and just... typical Microsoft



  16. Links 4/7/2020: Grml 2020.06 and diffoscope 150 Released

    Links for the day



  17. [Humour/Meme] Don't Let a COVID Crisis Go to Waste When You're Eager to Find Excuses for Many Layoffs and Shutdowns

    Microsoft business units that were defunct (long-failing, well before COVID-19) are being thrown out and Microsoft exploits a virus to rationalise these decisions while spicing up media coverage with "Hey Hi" (AI) and "virtual" experience or Facebook (to give the false impression that nothing really goes away)



  18. Free Software Tackles Political Issues. Political Tactics Are Also Being Weaponised Against Free Software.

    Divide-and-rule tactics seem to have been exploited to weaken collaborative work on Free/libre software; the response to these tactics needs to start with realisation that this is going on (even if it's done in a somewhat clandestine nature)



  19. Offence and Racism

    o those in positions of power and privilege (financial) you are controllable by guilt; dividing us and causing us to feel guilt and fear (over potential offence) is a powerful social control mechanism and pretext for dismissal, censorship, humiliation



  20. Links 3/7/2020: TrueNAS 12 Beta 1, Librem 13 Product Line

    Links for the day



  21. [Humour] European Patents Only Useful Outside the Legal Framework?

    Patents that aren't valid in the eyes of courts would best serve patent trolls that settle out of courts, en masse



  22. Microsoft's Share in Web Servers Rapidly Falls to Just 4.5% (Falling More Than 5% in a Single Month)

    Microsoft's share as measured at Netcraft (de facto authority in this area) is rapidly declining; expect IIS to go the way of the dodo some time in the coming years



  23. The Lock-downs Are Over and Still Zero Media Coverage About EPO Scandals and Corruption

    The appalling state of journalism in Europe (and to some extent in the world at large) means that the EPO's management can get away with all sorts of horrible crimes and fraud; the silencing of the media is, in its own right, quite scandalous



  24. IRC Proceedings: Thursday, July 02, 2020

    IRC logs for Thursday, July 02, 2020



  25. “Microsoft's Deadly Love” by Alessandro Ebersol (Agent Smith)

    Full credit goes to PCLOS Magazine for publishing this good piece, which we’re reproducing



  26. Links 2/7/2020: Microsoft Partner Says GNU/Linux Share in Desktops/Laptops at 4% Even After Lock-downs, OpenSUSE Leap 15.2 and Mageia 8 Alpha 1 Released

    Links for the day



  27. Why People Should Never Ever Use DuckDuckGo

    DuckDuckGo is another privacy abuser in disguise; the above forum thread enumerates key reasons



  28. After 2 Years and 2 Days António Campinos is a Perfect Leader, Fostering EPO Abuses While Smiling

    EPO corruption persists, but this time the corruption enjoys better marketing/PR and complicit (or at best silent) media



  29. [Humour] As If Monopolies for Life Will Save People's Lives...

    The mentality of monopoly or the mindset of patent maximalism has been quick to exploit the deaths of half a million



  30. IRC Proceedings: Wednesday, July 01, 2020

    IRC logs for Wednesday, July 01, 2020


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

Recent Posts