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. Links 15/4/2014: Lots of PCLinuxOS Releases, Ukraine Updates

    Links for the day



  2. Apple and Microsoft Actively Lobbying Against Patent Reform in the US

    Apple and Microsoft are reportedly intervening/interfering with US law in order to ensure that the law is Free/libre software-hostile



  3. Lawsuit by Microsoft Shareholder Targets Fine for Crimes Rather Than the Crimes Themselves

    A new lawsuit by a Microsoft shareholder shows everything that's wrong with today's model of accountability, where those who are responsible for crimes are accused of not avoiding fines rather than committing the crimes



  4. Public Institutions Must Dump PRISM-Associated Software

    Another reminder that taxpayers-subsidised services should refuse, as a matter of principle, to pay anything for -- let alone deploy -- proprietary software with back doors



  5. GNU/Linux News: The Opportunities Amid XP EOL

    Links for the day



  6. Microsoft Gets Its Money's Worth From Xamarin: PlayStation 4 Now Polluted by Microsoft

    The Trojan horse of Microsoft, Xamarin, is pushing .NET into Microsoft's console competitor



  7. After Brendan Eich Comes Chris Beard

    Having removed Brendan Eich using bullying and blackmail tactics, his foes inside Mozilla achieved too little as we have yet another man (coming from inside Mozilla) acting as CEO



  8. Healthcare News: Free Software in Health, Humanitarian Causes

    Links for the day



  9. Links 14/4/2014: MakuluLinux, Many Games, More Privacy News and Pulitzer Prize for NSA Revelations

    Links for the day



  10. TechBytes Episode 87: Catching up With Surveillance (NSA, GCHQ et al.)

    The first audio episode in a very long time covers some of the latest happenings when it comes to privacy and, contrariwise, mass surveillance



  11. Server News: KVM, ElasticHosts, Other GNU/Linux Items, and Open Network Linux

    Links for the day



  12. Hardware News: Freedom, Modding, Hackability on the Rise

    Links for the day



  13. Distributions News: GNU/Linux Distros

    Links for the day



  14. GNOME News: Financial Issues, Mutter-Wayland, West Coast Summit, Community Participation

    Links for the day



  15. KDE News: Kubuntu at the Centre Again KDE Applications Updated

    Links for the day



  16. Techrights Rising

    Effective immediately, Techrights will do what it takes to bring back old volume and pace of publishing



  17. Links: Surveillance, Intervention, Torture and Drones

    Links for the day



  18. Mobile Linux Not Just Android: Jolla, WebOS, and Firefox OS News

    Links for the day



  19. Google's Linux Revolution: New Gains for Android, Chrome OS (GNU/Linux)

    Links for the day



  20. Free/Libre Databases News: MongoDB, NoSQL, and MySQL Branches/Forks

    Links for the day



  21. Open Access on the Rise: Textbooks, Journals, Etc.

    Links for the day



  22. Finance Watch (Watching What's Not Being Watched): Economic Warfare/Class Injustice

    Links for the day



  23. Climate and Ecology Watch: News About a World Being Destroyed

    Links for the day



  24. Copyright News: DRM, Censorship, Megaupload, Hypocrisy, and Impact on the Internet

    Links for the day



  25. Sharing Works: Latest News Stories About Crowd-sourcing, Sharing, Transparency

    Links for the day



  26. Links 12/4/2014: Games

    Links for the day



  27. Links 12/4/2014: Applications

    Links for the day



  28. Links 12/4/2014: Instructionals

    Links for the day



  29. Political News: Protests Face a Ban, Covert Actions Continue, Cold War Era Imperialism, Privacy, and War on Justice

    Links for the day



  30. Ubuntu News: Themes, Unity 8, Meizu Phone, Ubuntu Touch, and Elementary OS

    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