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

11.18.12

Groklaw Says Apple Cannot Sue Over Android as a Whole, Reuters Disagrees

Posted in Apple, GNU/Linux, Google, Patents at 9:08 am by Dr. Roy Schestowitz

Thorny Apple

Thorn

Summary: Updates on FRAND fight and other patent fights against Android

A COUPLE of Groklaw reporters attend a Linux/Android trial which has been stacked with lots of Microsoft boosters, including Janet Tu from a Bill Gates-funded newspaper. Some of the latest coverage from Groklaw [1, 2] is unlikely to have the same reach as that of newspapers. As Pamela Jones put it: “Our reporters were in the courtroom again Friday at the Microsoft v. Motorola trial in US District Court in Seattle, trying to figure out what Microsoft should pay Motorola for its FRAND patents. ”

Why was Seattle chosen? It’s a biased court setting. It’s like those Apple cases that take place near Apple’s headquarters, e.g. this case. If the legal system is designed to be objective and to avoid popular bias, then why are trolls allowed to pull defendants to Texas while Apple and Microsoft file for aggressive action in their home turf? This leads to systemic trial misconduct.

Jones continues to cover the Microsoft and Apple cases against Android. It is about FRAND, also known as flat rate patent tax. Here is somewhat of an overview:

We had two reporters in the courtroom today once again at the Microsoft v. Motorola FRAND trial in Seattle. Their coverage is demonstrating, to me anyway, that the last place in the world you can determine a proper royalty for a standard-essential patent is in a courtroom. I don’t know which is worse, whoever came up with this bizarre FRAND legal strategy for Microsoft and Apple or the companies for following it. And I do see the wisdom of the two judges who threw out Apple’s FRAND claims, Judge Richard Posner in Illinois and Judge Barbara Crabb in Wisconsin. Judge Crabb has just filed an order explaining the dismissal, so after I show you our reports from the trial in Seattle, I’ll show it to you as text. Maybe this Seattle judge, Hon. James Robart, should read it, because Microsoft’s claims are very similar to Apple’s.

It is looking like this trial will be still going on next week, probably until Tuesday. So we need someone to step forward and volunteer to cover for us Monday and Tuesday, if possible, as neither of our reporters will be able to attend. One of them took vacation days to cover this week. Please email me if you can go as Groklaw’s eyes and ears. And I know you join me is thanking our volunteers for helping us to know for sure what was really going on in that courtroom this week.

The pro-patents Bloomberg says:

Apple Inc. (AAPL) and Google Inc. (GOOG)’s Motorola Mobility unit are talking about a way to resolve part of their dispute over patents related to critical smartphone technology, according to a court filing.

There are better reports on the subject, but Jones has another update from her site where it is said that Apple cannot extend the scope of litigation as much as it hoped:

Apple Can’t Add Jelly Bean to Apple v. Samsung 2 Trial, only Galaxy Nexus ~pj

The Magistrate Judge in Apple v. Samsung 2, the litigation still in the early pre-trial phase in California District Court, has ruled [PDF] on the parties’ motions to add products to the case.

Samsung’s motion to add iPhone 5 was granted. Apple’s motion [PDF] was partly granted and partly denied. It can add the Samsung Galaxy Note 10.1, the Samsung S III, and the Galaxy Nexus, which runs Android Jelly Bean. Apple cannot add Android Jelly Bean itself. That’s a huge block of what I’d call a sneaky move on Apple’s part, one that did not get past this judge.

Groklaw cites this report which actually seems to contradict the claims above:

A U.S. judge allowed Samsung Electronics Co Ltd to pursue claims the iPhone5 infringes its patents on Thursday, while also allowing Apple Inc to add claims that the Samsung Galaxy Note, Galaxy S III and the Jelly Bean operating system violate its patents.

We wrote about it last week. So who is right? The press or Pamela Jones? This is important because if Apple can sue Android as a whole — irrespective of distributor — there will be serious implications (we will cover those in a separate post). Muktware agrees with what Jones said:

Apple had filed a motion to add more products to its current lawsuits, so did Samsung. Apple wanted to sneak the entire Android 4.1 Jelly Bean in the court case. If the court allowed this addition every single device running Android Jelly Bean, whether or not it was made by Samsung would be affected by the outcome of the case.

For those who wish to see what ridiculous software patents Apple is gaining, watch some news [1, 2] about Apple’s new page turn animation patent and Mike Masnick’s response to it:

While design patents are a slightly different than other patents, it really is patents like this that get the public to respect the patent system less and less.

Apple too gets the public’s respect less and less. The decreasing share speaks for itself.

Both Microsoft and Apple are being eaten away by Linux, little by little; that’s why Microsoft and Apple conspired to harm Android and Linux. Antitrust complaints are needed!

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

What Else is New


  1. Links 4/8/2015: KDE.org Redesign, Point Linux 3.0

    Links for the day



  2. Microsoft Admits Vista 10 Not a 'Free' 'Upgrade', Especially If You Upgrade

    Microsoft debunks its own false promises, showing that Vista 10 as 'free' is virtually a mirage



  3. Free Software is Commercial

    orporate media helps stigmatise Free/Open Source software as unsuitable for commercial use and once again it uses the 'security' card



  4. 'Sanader’s Protégé' Željko Topić Slammed by Press in His Home Country

    The mischiefs of Benoît Battistelli and Željko Topić still not forgotten while temporary calm prevails at the EPO



  5. Links 3/8/2015: Linux 4.2 RC5, Korora 22

    Links for the day



  6. The World is Changing and Patent Law Can Change Either for Better or for Worse

    Recent secret dealings (which are being exposed to the public owing to whistle-blowers) show the degree of coordination and collusion against public interests; it's up to us, the majority, to fight back and tackle this injustice



  7. The Latest on Patent 'Reform' in the US: GOP Media Deception, Healthwashing Patents, and SIIA Lobbying

    Techrights looks at the more prominent actors driving patent policy in the US, with budget to absorb and agenda to lobby for



  8. Newegg Uses Its Fight Against Patent Trolls for Marketing

    Comments on Newegg's fight against patent trolls in court, setting an example for other companies



  9. Microsoft Lies, Propaganda, Embedded 'Journalism' and Other Dirty Tricks to Promote Vista 10

    The Vista 10 entrapment is being sold to the public using bogus/unverified figures, Microsoft propagandists pretending to be journalists, and some gullible people who actually believe them



  10. Microsoft -- Like Bill Gates -- Bribes PBS for Propaganda to be Presented as 'TV Programme'

    Microsoft pays the supposedly 'public' network to act as courier of Microsoft marketing, shrewdly disguised as 'information'



  11. Links 2/8/2015: KDE Applications 15.08 Beta, Zorin OS 10

    Links for the day



  12. Links 1/8/2015: Steam Sale, blackPanther OS 14.1

    Links for the day



  13. Vista 10 Inherently Criminal: Vandalising the Competition (Dual Boot, Rival Web Browsers, Online Services)

    Vista 10, the latest incarnation of Windows, takes its anticompetitive aspects to a whole new level, betraying even so-called 'partners' in the process



  14. As Microsoft AstroTurfing/PR Budget Runs Dry, Vista 10 Truths Come Out

    The media manipulation by Microsoft (to the tune of hundreds of millions of dollars spent on 'marketing') grows thin as a growing number of growingly angry early adopters of Vista 10 publicly rant



  15. Links 31/7/2015: Lennart Poettering as 'Linux Hero' and systemd Conference Coming

    Links for the day



  16. Links 30/7/2015: Apache Spark on Z System, Elive 2.6.8 Beta

    Links for the day



  17. Microsoft's Mouthpiece Mary Branscombe Tries to Shoot Down Free Software, But Fails Miserably

    At the CBS-owned ZDNet, which is Free/Open Source software-hostile, new FUD surfaces, but the FUD is so flawed that a full rebuttal is easy and almost imperative



  18. People of New Zealand Must Rise Up to Defend Sovereignty and Stop Software Patents

    The TPPA serves to override (launder) the law of New Zealand, allegedly legalising patents on software in the process



  19. Microsoft Illegally Evades Billions of Dollars in Tax, Says IRS

    The criminal enterprise known as Microsoft finds itself embarrassingly exposed in the courtroom, for the IRS belatedly (decades too late) targets the company in an effort to tackle massive tax evasions



  20. Vista 10 Very Buggy Upon Release, Just as We Have Repeatedly Warned for Weeks

    Vista 10 is prematurely pushed out the door (to meet a deadline) way ahead of it being stable, even remotely polished, and supported by hardware companies (there is a serious drivers issue)



  21. Surveillance Machine With a Keylogger: Vista 10 Will Spy on the User (Over the Internet) Even While Playing Games

    Microsoft is making it clear that even playing a simple game like Solitaire on Vista 10 will make one subjected to spying (for targeted ads); other serious violations of privacy revealed upon release



  22. Links 29/7/2015: Akademy 2015 Ends, NetBSD 7.0 RC

    Links for the day



  23. MPEG-LA is Preparing New Patent Obstruction (Called DASH) Against Free Software, OIN Grows

    A new conspiracy against free multimedia software, set up by the MPEG cartel, is called DASH



  24. New Zealand's Media Gets History Wrong on Software Patents

    Setting the record straight on the fight against software patents in New Zealand



  25. Not Only Vista 10 Crashes a Lot, Any .NET Application Does Too (Updated)

    Microsoft software is quickly becoming synonymous with crashes as any piece of software developed with Microsoft's tools, not just the underlying platform, crashes chronically



  26. The Government of Bulgaria Sells Out to Microsoft, Again

    Despite some promises and reassurances that Bulgaria will consider Free/libre software, the Bulgarian government hands out a lot more of taxpayers' money to the Mafia



  27. Corporate Media Finally Finds Out That Vista 10 Crashes a Lot

    Stability issues of Vista 10 are belatedly reported to be a major catastrophe, leaving it unusable for many early adopters



  28. Links 28/7/2015: Linux 4.2 RC4, New Logos and Bug 'Branding' for FUD

    Links for the day



  29. Patents Roundup: Technicolor, Alice, Voip-Pal, Fitbit, Marijuana Patents, and JDate

    A look at some of last week's patent news, with imperative responses that criticise corporate exploitation of patents for protectionism (excluding and/or driving away the competition using legal threats)



  30. Corporate Lobbyists Including Koch-Connected Front Groups Attack Real and Perceived Patent Reform in the United States

    Looking at some of the latest propaganda for and against a bill which is already too watered-down to actually fix the US patent system


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