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

11.23.12

Microsoft Florian Deceives on Anti-Android Case Which is Being Derailed

Posted in Apple, FUD, GNU/Linux, Google at 5:21 pm by Dr. Roy Schestowitz

A handshake

Summary: The largest patent case against Android (bar Oracle) is facing a setback as the judge orders Apple to undo an NDA, contrary to FUD from mobbyists

After some wrong speculations (FUD) about the HTC settlement with Apple we learn about Samsung’s attempt to look at the settlement:

There’s a hearing suddenly called by the magistrate judge, Hon. Paul Grewal, in the Apple v Samsung post-verdict trial. It’s about unsealing the Apple/HTC license agreement mostly — here’s Apple’s response [PDF] to that motion — but there are other requests to seal various filings and some disputes about things already filed as well. Samsung wants to do more depositions and more briefing in regard to Apple’s motion for a judgment as a matter of law, for example. The hearing is set for noon today, and the lawyers can do it by phone. So it’s likely going on right now as we speak.

Part of the reason for the hearing, aside from a speedier resolution, is that there is some question about why there is a motion to unseal the HTC agreement.

The liar for hire, Microsoft Florian, is wrong about it, saying it would not be possible while deceiving journalists to have them quote him.

Here is a response to his FUD:

That appears to be incorrect information, judging from the actual stipulation language filed in this US litigation between the parties. What might the explanation be? Maybe what he found is an authentic copy and, not being a lawyer or trained in US law in any way, he just misunderstood it? What else might be inaccurate in the account, then? Maybe it’s an earlier draft? Maybe the stipulation is wrong? (I doubt that very much, but I’m listing all the possibilities I can think of.) Maybe I’m misreading something? We’ll have to wait and see. Perhaps FOSSPatents can tell the world the source of the version he obtained, so we can get to the bottom of it.

Just trying to keep up with all the misinformation out there. Sooooo much of it. This is why I rarely get a day off and never got to actually retire. The misinformation seems to never quit, and with legal coverage — as opposed to propaganda, headline seeking or covering the Kardashians — accuracy is vital.

My advice is simple: rely on what you find on PACER or on checkable information. If you can’t check it yourself, how do you know it’s so? That is why I always give you a way to check.

If you wish to check the case, it’s docket number 1:11-cv-00785-GMS, the GMS standing for the judge’s initials.

Swapnil Bhartiya shows that Samsung succeeded:

Once you reach the peak of a mountain the only way to go is down. And bad news keeps coming for Apple. Samsung has now won a very important motion against the iPad maker which allows Android giant to see the patent agreement Apple recently signed with HTC.

It doesn’t mean you me or Samsung executives will get to see these documents. It’s highly confidential and its for the eyes of Samsung lawyers only.

Just to refresh your memory, Apple and HTC recently settled all their legal disputes and signed a “broad ten-year licensing agreement”. The details of the agreement were confidential.

Here is the original which everyone is citing:

The magistrate judge, the Hon. Paul Grewal, in Apple v. Samsung has ruled after today’s emergency hearing, and Samsung’s motion to compel Apple to turn over the agreement it just entered into with HTC was granted.

So the media articles that referenced FOSSPatents and wrote that the Samsung motion was mooted because Samsung had agreed to accept a redacted version were flat out wrong on the facts. The motion was not only not mooted, it went to oral argument today, and Samsung won. And that’s not all it won.

Samsung also strikes back hard:

What do you do when fate (and the legal system) deals you a cruel hand, and you’re seemingly proven an intellectual thief? Do you retreat, accept your defeat and move on, or do you try to strike back with the enemy’s own weapons?

That was Samsung’s dilemma back in August, after it was found guilty of infringing a number of Apple patents; the decision was easy – strong defense and then deadly counterattack.

We haven’t heard much lately about the status of Samsung’s defense (i.e. the appeal) in the California trial, but we’re getting more info about the counterattack. After last week we’ve seen the iPhone 5 included in the list of allegedly infringing Apple products, we’re now hearing about other devices added to the list.

It sure looks like Apple’s patent war on Android is not paying off.

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. Misplaced Focus on Patent Trolls and Patent Lawyers' Defence of Trolls

    Observations about media coverage and reactions to the focus on patent trolls, which distracts from desperately-needed reform around patent scope



  2. PATENT Act a 'Reform' for Big Corporations, Hence Does Not Address the Core Issues, Including Patent Scope and Massive Patent Aggressors

    Big corporations, including some of the biggest patent aggressors out there, successfully lobbied for what has essentially become a bipartisan bill to eliminate the thorn in their side



  3. Openwashing of Binary Blobs That Microsoft Uses to Attack Free Software and GNU/Linux From the Inside

    Media which is either willfully ignorant or complicit has successfully, based on volume of coverage, framed Microsoft's proprietary software as openness and nicety



  4. Microsoft Kills Netscape Again, This Time Removing It From the History Books

    Microsoft's embarrassing crimes against Netscape -- the ones that put Bill Gates on trial and nearly split Microsoft -- virtually forgotten as Netscape itself is made to 'disappear'



  5. Microsoft India's Unofficial 'Branch' Infosys is Torturing the Meaning of Open Source Software

    Infosys, which is best known for its promotion of Microsoft in India, is distorting the meaning of 'Open Source' and joins a non-profit that is supposed to promote programming, not binary blobs



  6. Microsoft Windows is Dying, British Government Should Spend No More Money on It

    Time for the Establishment in the UK to abandon the out-of-support Windows XP (from 2001) and join the next generation of computing, which increasingly revolves around GNU/Linux and Free/libre software, supported by truly British companies



  7. IRC Proceedings: April 5th - May 2nd, 2015

    Many IRC logs



  8. Links 3/5/2015: Black Lab 6.5 RC2

    Links for the day



  9. Links 2/5/2015: Robolinux 7.9.1, LibreOffice Numbering

    Links for the day



  10. Links 1/5/2015: HP Ubuntu Laptops, Arch Linux 2015.05.01

    Links for the day



  11. Links 30/4/2015: Plasma 4.4 in the Making

    Links for the day



  12. Microsoft Embracing, Extending, Extinguishing the Linux-centric Arduino and Raspberry Pi, Making Them Windows Devices

    Raspberry Pi and Arduino carry water for Microsoft as part of the publicity stunts for Vista 10, the operating system which Microsoft tells investors is "marketing"



  13. Microsoft Uses Ubuntu to Demonstrate and Promote Microsoft Lock-in

    Canonical's Ubuntu is now used as the bait by which to seduce developers in the GNU/Linux world into Microsoft dependencies, surveillance, and software patents



  14. The EPO's Tyrant, Benoît Battistelli, is Probably on His Way Out, Threatens to Resign

    The Napoleonic self-acclaimed 'president' of the EPO, who surrounded himself with loyal thugs and crushed all opposition to him (assuring reign by fear), reportedly threatens to fall on his sword if an independent mediator gets appointed



  15. Links 30/4/2015: Debian GNU/Hurd 2015, Microsoft Copies Ubuntu

    Links for the day



  16. Windows Recipes for Disaster (Met Police and Fukushima)

    Microsoft Windows mentality and strong dependencies continue to cause immeasurable damage that costs people a lot in terms money and in terms of health



  17. ‘Visual Studio Code’: Not News, Not Free, Not Open Source

    Another publicity stunt from Microsoft, this time going under the name ‘Visual Studio Code’, which is basically proprietary lock-in



  18. Microsoft's Patent Attacks on Android Not Covered in the Corporate Media, Only Microsoft as the 'Victim'

    Omission of important developments around Microsoft's war on GNU/Linux and Free software, notably against Android and ChromeOS as of late



  19. As Core Issues Still Not Addressed, Another Protest Against EPO Management Scheduled for Tomorrow in Munich, Germany

    On Thursday (tomorrow) yet another demonstration is organised in Munich, less than a week ahead of the UPC decision (May 5th)



  20. Pharmaceutical Patents and Hedge Funds: Evil Fighting Evil

    Revisiting the subject of patents on life or life-saving processes, plus a hedge fund's extortion-type attack on such patents (for quick profit)



  21. UCLA Foolishly Grooms Microsoft's Patent Troll Nathan Myhrvold (Intellectual Ventures), Who is Busy Attacking Android and Linux These Days

    More news about Intellectual Ventures, Microsoft's and Bill Gates' anti-Linux tool, who lost a battle because of last year's SCOTUS ruling and is now groomed by the University of California, Los Angeles (UCLA)



  22. Links 28/4/2015: Plasma 5.3, Cutelyst 0.8.0

    Links for the day



  23. Links 28/4/2015: More on Debian 8 “Jessie”, Fedora 22 Beta Walkthrough

    Links for the day



  24. Microsoft is Attacking Android Like Never Before, Qisda the Latest to Sign Patent Extortion Deal

    More blackmail and propaganda against Android, courtesy of the gentler, kinder, 'new' Microsoft



  25. Caution Needed When Microsoft Copywriters Flood the Media With Microsoft Propaganda

    Media actively subverted by Microsoft-sponsored agents of deception, whose goal is to change what people think of Microsoft and its software, even if by lying (they call it 'marketing')



  26. Gartner Staff That Worked for Microsoft and the Latest Nonsense from Gartner or 'Former' Staff

    Gartner waited until 2015 to declare FOSS fit for databases; another example spotted where Gartner staff comes from Microsoft or vice versa



  27. Links 27/4/2015: Debian 9 Named, Linux 4.1 Reaches RC

    Links for the day



  28. Microsoft is Interjecting Itself Into GNU/Linux and Free Software News, Even Events and Foundations

    Microsoft's entryism strategy is proving effective as Microsoft successfully embeds itself inside the idealogical competition, subverting the competition's overall message and diluting the competition's focus on Free software



  29. The Unethical Business of Selling Fear of Free/Libre Software Bugs (Black Duck, Sonatype, and Symantec)

    The spreading of fear of Free/Open Source software (FOSS) is now a growth industry, so proprietary opportunists are eager to capitalise on it, even if by distorting the truth



  30. Patients' Data at Risk as NHS Reinforces Its Microsoft/Accenture Stockholm Syndrome

    The worst privacy violator in the world and the firm behind LSE failures are pocketing as much as £0.35 billion of British taxpayers' money to acquire access to very sensitive data of British people


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