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

12.02.12

Microsoft Enjoys Seattle Bias in Patent Case Against Android

Posted in Apple, Europe, GNU/Linux, Google, Microsoft at 7:09 am by Dr. Roy Schestowitz

Court gavel

Summary: Biased court gives Microsoft power over Android and Apple manages to ban some Android devices in Europe

The Microsoft vs. Motorola case (over Android and FRAND) is in many ways Google’s way of defending Android from Microsoft patent tax, but the trial is stacked by Microsoft boosters [1, 2, 3] and local participants are from Microsoft’s back yard. The verdict, thus, is pro-Microsoft to the extreme:

The Seattle federal judge who recently oversaw a two-week trial between Microsoft and Motorola over standards-based patents handed down a key order today, finding that Motorola won’t be able to use its patents to get an injunction against Microsoft.
That means that while Motorola might be able to use its patents to win some money from Microsoft, it won’t be able to get the ultimate reward of a successful patent suit: the ability to kick an opponent’s product off the market.

As Groklaw put it:

The judge in Microsoft’s home court in Seattle, the Hon. James Robart, has handed the company a huge win against Motorola regarding injunctions on RAND patents. What a surprise. Not. This is in Microsoft v. Motorola, and the judge is the one who blocked the injunction a German court ordered against Microsoft for infringing Motorola’s RAND patents. Now the Seattle judge has ruled [PDF] that Motorola can’t get an injunction for any RAND patents it owns either in the US or in Germany or in fact worldwide, even though this case was about only two patents.

How about choosing a neutral setting for this trial?

In other news, Nokia is going after RIM, which is already on the verge of death because of patents. Microsoft has also been feeding trolls with strategic patents of Nokia, increasing the cartel‘s Android toll*.

These cartels are called “aggregators” in the corporate press now that Google is complaining openly, not just playing along. Some of these cartels, such as RPX, are already playing a secret role. Then, consider what Sony did last week.

Speaking of real aggregators, ones that respect fair use, the corporate press has this to say:?

Google’s imprint on daily life is hard to ignore in Europe, where it reportedly has 93 percent of the Internet search market, more than in the United States. Yet when it comes to its lobbying of lawmakers, Google prefers a low profile.

That all changed this week when Google fired a rare public broadside against a proposal that would force it and other online aggregators of news content to pay German newspaper and magazine publishers to display snippets of news in Web searches.

Recall what Rupert Murdoch did with Microsoft.

Anyway, in other news about Android, Microsoft’s patent partner Apple is banning some Android products:

Apple Inc. won a Dutch sales ban on some of Samsung Electronics Co.’s older Galaxy tablets and smartphones after a Netherlands court ruled in a patent lawsuit.

Apple has become a patents company despite not innovating, merely integrating. The same goes for Microsoft.
____
* Android skills, as noted in daily links we posted, are sought within Nokia, but it is too early to speculate much.

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. Patent Lawyers Move Closer to Battistelli's Rubber-stamping Office While the Appeal Boards Pushed Away as Collective Punishment Which Masks Decline in Patent Quality

    Urgently sending appeal boards away and urgently granting applicants patents without proper examination will be Battistelli's sorrow legacy at the European Patent Office



  2. Software Patents a Dying Breed, But Patent Lawyers in Denial Over it and Notorious Judge Rodney Gilstrap Ignores Alice (Supreme Court)

    A look at what law and practice are saying about software patents, contrasted or contradicted by the patent industry and trolls-friendly courts (which make business out of or together with patent aggressors)



  3. CAFC Meddling in PTAB Affairs; Unified Patents Fights a Good Fight by Invalidating Software Patents

    A look at how the AIA's Patent Trial and Appeal Board is invalidating software patents post-Alice, with or without involvement of patent courts



  4. Early Certainty That Benoît Battistelli is Dangerously Clueless and a Major Risk to the EPO

    The chaos which Team Battistelli is assured to deliver if it doesn't treat scientists like scientists, instead viewing them as a production line with rubber-stamping duties



  5. OIN Makes Claims About “Open Source Innovation”, But It Produces Nothing and Protects Virtually Nobody

    The Open Invention Network (OIN) reports growth, but in practical terms it does little or nothing to help developers of Free/Open Source software



  6. Links 27/7/2016: New CrossOver, Blackmagic for GNU/Linux

    Links for the day



  7. The Death of Software Patents and Microsoft's Coup Against Yahoo! Made the Company Worthless

    A look at what happens to companies whose value is a house of software patents rather than code and a broad base of users/customers



  8. Munich Attack Mentioned by EPO But Not Ansbach

    The EPO does the usual right-wing thing (exploiting disaster/emergency for domestic crackdowns), but some bemoan the omission of the explosion at Ansbach (also in Germany)



  9. Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

    Flogging the dead UPC horse at times of great uncertainty (enough to bring the UPC to a standstill)



  10. Almost Everything That the Government Accountability Office Says is Applicable to the EPO

    The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals



  11. Microsoft Says It Loves Linux, But Its Anti-Linux Patent Trolls Are Still Around and Active

    Highlighting just two of the many entities that Microsoft (and partners) use in order to induce additional costs on Free (as in freedom) software



  12. Links 26/7/2016: Microsoft Growing Desperate, Linux 4.8 Visions

    Links for the day



  13. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  14. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  15. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  16. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  17. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  18. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  19. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  20. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  21. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  22. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  23. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays



  24. Glimpse at Patent Systems Across the World: Better Quality Control at the USPTO Post-America Invents Act (2011), Unlike the EPO Post-Battistelli (2010)

    While the EPO reportedly strives to eliminate pendency and appeal windows altogether (rubberstamping being optimal performance as per the yardstick du jour), the USPTO introduces changes that would strengthen the system and shield innovation, not protect the business model of serial litigants



  25. Blockstream Has No Patents, But Pledges Not to Sue Using Patents

    Blockstream says that it comes in peace when it comes to software patents, which triggers speculations about coming Blockchain patent wars



  26. Links 21/7/2016: Ubuntu 16.04.1 LTS, Linux Mint 18 “Sarah” Xfce Beta

    Links for the day



  27. Links 21/7/2016: An Honorary Degree for Alan Cox, Looks Back at DebConf16

    Links for the day



  28. EPO USA: Under Battistelli, the 'European' Patent Office Emulates All the Mistakes of the USPTO

    Conservative Benoît Battistelli is trying to impose on the European Patent Office various truly misguided policies and he viciously attacks anyone or anything that stands in his way, including his formal overseers



  29. Links 19/7/2016: ARM and Opera Buyout

    Links for the day



  30. Large Corporations' Software Patenting Pursuits Carry on in Spite of Patent Trolls That Threaten Small Companies the Most

    With unconvincing excuses such as OIN, large corporations including IBM continue to promote software patents in the United States, even when public officials and USPTO officials work towards ending those


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