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. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updated)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  2. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    Links for the day



  3. The Media Starts Informing the European Public About the Downsides of UPC While EPO Accelerates Its Lobbying for Ratification

    The EPO's shameless UPC promotion takes another step forward as the European press outlets (even television channels) begin to explore the secret deal that's negotiated by patent lawyers (with corporate clients) and patent offices, not the public or any public interest groups



  4. Some Details About How the EPO's President is Rumoured to be 'Buying' Votes and Why It's Grounds/Basis for “Immediate Dismissal”

    Some background information and a detailed explanation of the systemic financial dependency, created by Battistelli at the cost of €13 million or more, which prevents effective oversight of Battistelli



  5. How the Patent Lawyers' Microcosm Continues to Boost Software Patents Filth by Misdirecting Readers, Relying on Highly Selective Coverage

    Under the guise of reporting/analysis/advice the community of patent lawyers is effectively lobbying to make software patents popular and widely-accepted again, based on one single case which they wish to make 'the' precedent



  6. Documents Show Zagreb Police Department in Investigation of Vice-President of the European Patent Office

    Željko Topić's troubles in Croatia, where he faces many criminal charges, may soon become an extraordinary burden for the EPO, which distances itself from it all mostly by attacking staff that 'dares' to bring up the subject



  7. [ES] Interrumpiendo la Propagánda Distractante de Battistelli: los Empleados de la EPO Protestará de Nuevo en una Quincena

    La exágerada extravagancia (desperdicio de dinero) en la Ceremonia de Premiación al Inventor Europeo de la EPO tendrá que competir por atención de los medios con miles de empleados de la EPO (en todaslas sedes de la EPO) marchándo en las calles para protestar por los abusos de la EPO



  8. Windows and Microsoft's Other 'Burning Platforms'

    It's not just Windows for phones that's reaching minuscule market share levels but also Windows, but Microsoft is skilled at hiding this (cannibalising Windows using something people do not even want, then counting that cannibal, Vista 10)



  9. Links 24/5/2016: CRYENGINE Source Code is Out on GitHub, Jono Bacon Leaves GitHub

    Links for the day



  10. Links 23/5/2016: GNOME 3.22, Calculate Linux 15.17

    Links for the day



  11. 'Celebrity' Patent Trolls and the Elusive Battle Against Patent Trolls (or Eastern District of Texas Courts) Rather Than Software Patents

    Some of last week's more important reports, which serve to demonstrate how the system is attempting to tackle a side-effect of software patents rather than the patents themselves (their irrational scope)



  12. The Circus of Patent 'Reporting' (by Omission) on the Subject of Software Patents in the US and USPTO Bias

    look at some of the latest oddities in the US patent system and much of the reporting about software patenting (more or less monopolised by those who profit from it, not harmed by it)



  13. IP3 Demonstrates That Today's Patent Systems Devolve Into a Conglomerates' Game, Won't Protect the Mythical Small Inventor

    Multinational corporations bring together their shared interests and steer the increasingly-inseparable patent systems according to their needs and goals, but has anyone even noticed?



  14. Disrupting Battistelli's Distracting Propaganda: EPO Staff to Protest Again in About a Fortnight

    The overly extravagant (waste of money) EPO European Inventor Award will have to compete for media attention with thousands of EPO staff (in all EPO sites) marching in the streets to protest against the EPO's abuses



  15. Corrupting Democracy? Growing Frequency of Rumours That the EPO's President Battistelli is 'Buying' Votes of Small Member States

    Several sources suggest that rather than appease the Administrative Council by taking corrective action Battistelli and his notorious 'circle' now work hard to remove opposition from the Administrative Council, especially where this is easier a task to accomplish (politically or economically)



  16. [ES] Los Mitos de la EPO ‘Calidad’ de Patentes y de ‘Creación’ de Patentes: Basados en Ventas de Cafe y Trauma

    La carrera hacia el fondo, o la ridícula asumpción de Battistelli de que otorgar más y más patentenes más rápidamente (e.g. usando PACE) sería beneficióso a largo término, puede guíar al final colapse del valor de la EPO y la pérdida de su lárgamente ganada reputación a nivel mundial



  17. Links 22/5/2016: Systemd 230, Debian Installer Alpha 6

    Links for the day



  18. EPO Patent 'Quality' and 'Patent Creation' Myth: Capsule-Based Coffee Sales and Trauma

    The race to the bottom, or Battistelli's ludicrous assumption that granting more and more patents faster (e.g. using PACE) would be beneficial in the long run, may lead to the ultimate collapse of the EPO's value and demise of its long-earned reputation worldwide



  19. Guest Post: How Vista 10 Imposes Itself on Users of Windows

    A reader's experience being nagged by Microsoft, as documented and explained by this reader



  20. [ES] El Notorio Tirano de la EPO, Benoît Battistelli, Se Reune Con Otros Tiranos, Reportes de Que ‘Limpia’ el Consejo Administrativo

    El régimen de Battistelli, talvez la fuente de verguénza más grande, alegadamente está “cortejándo países pequeños/corruptos para asegurárse de que los delegados que votarón contra él serán remplazados”



  21. [ES] Comentadores Anónimos Debaten Si la EPO de Battistelli Puede Revocar las Pensiones de Empleados Que Se Atreveen — GASP — a Buscar Empleo Alternativo

    Una mirada a las causas de desesperación e imensa presión en la EPO, donde las pensiónes pueden ser cortadas como medio de represália y la gente puede ser negada empleo aún después de dejar la Oficina Europea de Patentes (EPO)



  22. [ES] Otra Casi Vacía Presentación de la EPO en La Hague

    El propagandístico “estudio social” de Battistelli (básicamente un montón de engañosas afirmacionesdisfrazadas como ‘investigación’) ayuda a demostrar que los empleados de la EPO no tiene absolutamente fe en la gerencia



  23. Links 21/5/2016: Manjaro Linux RC, Flock 2016 Schedule

    Links for the day



  24. USPTO Ignores a Lot of Cases Against Software Patents to Justify Resumption of More Software Patenting

    The US patent system (USPTO) is so obsessed with granting as many patents as possible -- even bogus patents in areas that are no longer patent-eligible -- that its guidelines are further perturbed and whose appeals board is massively overwhelmed/overworked/understaffed



  25. Notorious EPO Tyrant, Benoît Battistelli, Meets Other Tyrants, Reportedly 'Cleanses' the Administrative Council

    The Battistelli regime, perhaps the biggest embarrassment of Europe right now, is allegedly "courting smaller countries to make sure the delegates who voted against him will be replaced"



  26. Links 20/5/2016: Purism Tablet, ChromeOS PCs Outsell 'Mac'-Branded PCs

    Links for the day



  27. CAFC Rules Against Software Patents But Witness With Horror the Silence From Patent Lawyers (Bias by Omission)

    In an effort to protect software patents in the United States, where these patents came from in the first place (and continue to spread from), patent lawyers pretend not to see cases where software patents get invalidated and instead focus on the rare exception



  28. It's All Just Artificial Distractions From EPO Management, 'Yellow' Union Comes Under Scrutiny Again

    What's happening inside the EPO these days and what meaningless rubbish the management of the EPO would rather have the media obsessed with



  29. Anonymous Commenters Debate Whether Battistelli's EPO Can Revoke Pensions of Dismissed Employees Who Dare -- GASP -- Find Alternative Employment

    A look at causes for desperation and immense pressure at the EPO, where pensions can be cut as means of reprisal and people can be denied employment even after they leave the European Patent Office (EPO)



  30. Australian Productivity Commission's Research Calls for Ban on Software Patents, Davies Collison Cave Calls for Complaints Against This Finding

    As the push against software patents grows in Australia, much to the chagrin of Australian software developers, Davies Collison Cave (patent law firm) publicly calls for opposition, calling its side "the truth" and pretending it represents "Australian innovators."


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