11.23.12

Gemini version available ♊︎

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 in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  2. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  3. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  4. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  5. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  6. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  7. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day



  8. A Concise Manifesto For Freedom-Respecting Internet

    An informal list of considerations to make when reshaping the Internet to better serve people, not a few corporations that are mostly military contractors subsidised by the American taxpayers



  9. Freenode.net Becomes a 'Reddit Clone' and Freenode IRC is Back to Old Configurations After Flushing Down Decades' Worth of User/Channel Data and Locking/Shutting Out Longtime Users

    Freenode is having another go; after “chits” and “jobs” (among many other ideas) have clearly failed, and following the change of daemon (resulting in massive loss of data and even security issues associated with impersonation) as well as pointless rebrand as “Joseon”, the domain Freenode.net becomes something completely different and the IRC network reopens to all



  10. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  11. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  12. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  13. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  14. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention



  15. Centralised Git Hosting Has a Business Model Which is Hostile Towards Developers' Interests (in Microsoft's Case, It's an Attack on Reciprocal Licensing and Persistent Manipulation)

    Spying, censoring, and abusing projects/developers/users are among the perks Microsoft found in GitHub; the E.E.E.-styled takeover is being misused for perception manipulation and even racism, so projects really need to take control of their hosting (outsourcing is risky and very expensive in the long run)



  16. Links 29/11/2021: FWUPD's 'Best Known Configuration' and Glimpse at OpenZFS 3.0

    Links for the day



  17. President Biden Wants to Put Microsofter in Charge of the Patent Office, Soon to Penalise Patent Applicants Who Don't Use Microsoft's Proprietary Formats

    The tradition of GAFAM or GIAFAM inside the USPTO carries on (e.g. Kappos and Lee; Kappos lobbies for Microsoft and IBM, whereas Lee now works for Amazon/Bezos after a career at Google); it's hard to believe anymore that the USPTO exists to serve innovators rather than aggressive monopolists, shielding their territory by patent threats (lawsuits or worse aggression) and cross-licensing that's akin to a cartel



  18. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  19. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  20. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  21. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  22. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  23. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”



  24. Links 28/11/2021: Laravel 8.73 Released, GitHub Offline for Hours

    Links for the day



  25. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  26. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  27. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  28. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  29. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  30. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying


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