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

12.11.12

Apple’s Android Lawsuits, Extortion, and Inevitable Market Declines

Posted in Apple, GNU/Linux, Google, Patents at 1:32 pm by Dr. Roy Schestowitz

Bull

Summary: Apple loses a key patent, secrecy and market cap following a new series of events

A patent which is essential to Apple’s battles against Android has quite inevitably just died (tentatively), but Apple fans sites (calling themselves a cult) spin invalidated as “discredited”. More to come perhaps: “US Patent #7,479,949, claiming a “[t]ouch screen device, method, and graphical user interface for determining commands by applying heuristics,” essentially covers iOS’s ability to respond when a user is trying to scroll vertically in a document, or trying to move around within the document in multiple directions. It also covers iOS’s ability to discern the difference between swiping among images in a gallery, or panning or zooming within the image.”

Pamela Jones wrote:

Apple’s ’949 patent, “Touch screen device, method, and graphical user interface for determining commands by applying heuristics”, the 7,479,949 patent, has just been preliminarily ruled invalid by the USPTO, claims 1-20. This is a pivotal patent for Apple’s legal strategy, trying to carve out ownership of what it called the “Distinctive Apple User Experience” in the HTC-Apple settlement agreement.

This news could not come at a much better time because Apple is to present a list which depends on the patent. Jones adds:

Apple claims Samsung is trying to correct a mistake, and there is a long song and dance about how horrible Samsung is acting, trying to fix the error. The judge may well agree, but on the other hand, Apple is asking to ban Samsung products from the US entirely, and that’s a serious matter for Samsung, so one might argue that it surely doesn’t hurt to get it right and have all the evidence on the table to make a correct decision. I’ll show you Samsung’s reasons for asking to submit the supplemental declaration as well.

Some sites are advocating lawsuits by Apple, whereas others, including Judge Koh [1, 2] are calling for peace (it is up to Apple at this point). As one reporter put it: “Apple and Samsung met again during an appeal hearing on yesterday to argue over the $1 billion that was rewarded to Apple over the summer after Samsung was accused of patent infringement. Judge Lucy Koh is currently reviewing the jury’s $1.05 billion verdict against Samsung, but had some things of her own to say to the two companies bickering back and forth: “global piece.””

“She should talk to the lawmakers then,” wrote Ondrej Michalek. Here is coverage of the need for transparency:

The court quickly granted Samsung’s request and has now gone a step further, saying that the agreement itself should be made public, except for pricing and royalty terms. Bizarrely, it was actually Samsung who sought to have the information about what patents were included under seal — such that it could see it, but the public could not. Either way, the judge has made it clear that the patents need to be made public as there’s no compelling interest in keeping them secret.

Here are the details:

Apple-HTC settlement unsealed: No “cloned products,” no helping trolls

[...]

The 143-page settlement [PDF] is heavily redacted, and no financial terms are revealed. Still, certain parts of the document are revelatory. The document outlines an arbitration process that Apple can initiate if it believes HTC has created a “Cloned Product” that apes Apple’s too closely. It gives specific examples of similarities that would be acceptable and others that would be verboten. “Pinch to zoom” is OK; “slide to unlock” is OK, but only if it looks different.

Jones covered what is clearly a one-sided deal. Apple and Microsoft try to crush Android with patents before Apple becomes just another Nokia. Google is building a patent arsenal, considering in the process a purchase of patents together with Apple. This report about Kodak patents says: “Niki Fenwick, a spokeswoman for Mountain View, California- based Google, said the company doesn’t comment on rumor or speculation.”

If true, then Google is still becoming part of the cartel — one that the USPTO facilitates along with dubious agencies like FTC and ITC which like to discriminate against Android players like Motorola. Perhaps a punishment for not being part of the cartel?

In all fairness to Google, it does actively try to stop software patents and as LWN put it:

A brief has been submitted to the US Court of Appeals; signed by Google, Facebook, Red Hat and several other companies; stating that the combination of an abstract idea and a computer should not be eligible for patent protection

After Apple got downgraded and all that bad news came in its stock fell:

Today, Apple shares fell 6.43 percent to 538.79, which represents a $34.8 billion market cap write-off. Analysts have been looking for reasons for the drop all day long without finding a single one that stands out. They forgot about the long-term perspective.

During the past 12 months, Apple shares have been up 42.7 percent, mostly due to two new products, the iPhone 5 and the iPad mini. With a new CEO and no new product in sight, volatility kicks in. The smallest downturn leads to a huge stock drop. Reporting about stock variations often means focusing on short-term activities.

This is why Apple is suing. Android stole its thunder.

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 4/8/2015: KDE.org Redesign, Point Linux 3.0

    Links for the day



  2. Microsoft Admits Vista 10 Not a 'Free' 'Upgrade', Especially If You Upgrade

    Microsoft debunks its own false promises, showing that Vista 10 as 'free' is virtually a mirage



  3. Free Software is Commercial

    orporate media helps stigmatise Free/Open Source software as unsuitable for commercial use and once again it uses the 'security' card



  4. 'Sanader’s Protégé' Željko Topić Slammed by Press in His Home Country

    The mischiefs of Benoît Battistelli and Željko Topić still not forgotten while temporary calm prevails at the EPO



  5. Links 3/8/2015: Linux 4.2 RC5, Korora 22

    Links for the day



  6. The World is Changing and Patent Law Can Change Either for Better or for Worse

    Recent secret dealings (which are being exposed to the public owing to whistle-blowers) show the degree of coordination and collusion against public interests; it's up to us, the majority, to fight back and tackle this injustice



  7. The Latest on Patent 'Reform' in the US: GOP Media Deception, Healthwashing Patents, and SIIA Lobbying

    Techrights looks at the more prominent actors driving patent policy in the US, with budget to absorb and agenda to lobby for



  8. Newegg Uses Its Fight Against Patent Trolls for Marketing

    Comments on Newegg's fight against patent trolls in court, setting an example for other companies



  9. Microsoft Lies, Propaganda, Embedded 'Journalism' and Other Dirty Tricks to Promote Vista 10

    The Vista 10 entrapment is being sold to the public using bogus/unverified figures, Microsoft propagandists pretending to be journalists, and some gullible people who actually believe them



  10. Microsoft -- Like Bill Gates -- Bribes PBS for Propaganda to be Presented as 'TV Programme'

    Microsoft pays the supposedly 'public' network to act as courier of Microsoft marketing, shrewdly disguised as 'information'



  11. Links 2/8/2015: KDE Applications 15.08 Beta, Zorin OS 10

    Links for the day



  12. Links 1/8/2015: Steam Sale, blackPanther OS 14.1

    Links for the day



  13. Vista 10 Inherently Criminal: Vandalising the Competition (Dual Boot, Rival Web Browsers, Online Services)

    Vista 10, the latest incarnation of Windows, takes its anticompetitive aspects to a whole new level, betraying even so-called 'partners' in the process



  14. As Microsoft AstroTurfing/PR Budget Runs Dry, Vista 10 Truths Come Out

    The media manipulation by Microsoft (to the tune of hundreds of millions of dollars spent on 'marketing') grows thin as a growing number of growingly angry early adopters of Vista 10 publicly rant



  15. Links 31/7/2015: Lennart Poettering as 'Linux Hero' and systemd Conference Coming

    Links for the day



  16. Links 30/7/2015: Apache Spark on Z System, Elive 2.6.8 Beta

    Links for the day



  17. Microsoft's Mouthpiece Mary Branscombe Tries to Shoot Down Free Software, But Fails Miserably

    At the CBS-owned ZDNet, which is Free/Open Source software-hostile, new FUD surfaces, but the FUD is so flawed that a full rebuttal is easy and almost imperative



  18. People of New Zealand Must Rise Up to Defend Sovereignty and Stop Software Patents

    The TPPA serves to override (launder) the law of New Zealand, allegedly legalising patents on software in the process



  19. Microsoft Illegally Evades Billions of Dollars in Tax, Says IRS

    The criminal enterprise known as Microsoft finds itself embarrassingly exposed in the courtroom, for the IRS belatedly (decades too late) targets the company in an effort to tackle massive tax evasions



  20. Vista 10 Very Buggy Upon Release, Just as We Have Repeatedly Warned for Weeks

    Vista 10 is prematurely pushed out the door (to meet a deadline) way ahead of it being stable, even remotely polished, and supported by hardware companies (there is a serious drivers issue)



  21. Surveillance Machine With a Keylogger: Vista 10 Will Spy on the User (Over the Internet) Even While Playing Games

    Microsoft is making it clear that even playing a simple game like Solitaire on Vista 10 will make one subjected to spying (for targeted ads); other serious violations of privacy revealed upon release



  22. Links 29/7/2015: Akademy 2015 Ends, NetBSD 7.0 RC

    Links for the day



  23. MPEG-LA is Preparing New Patent Obstruction (Called DASH) Against Free Software, OIN Grows

    A new conspiracy against free multimedia software, set up by the MPEG cartel, is called DASH



  24. New Zealand's Media Gets History Wrong on Software Patents

    Setting the record straight on the fight against software patents in New Zealand



  25. Not Only Vista 10 Crashes a Lot, Any .NET Application Does Too (Updated)

    Microsoft software is quickly becoming synonymous with crashes as any piece of software developed with Microsoft's tools, not just the underlying platform, crashes chronically



  26. The Government of Bulgaria Sells Out to Microsoft, Again

    Despite some promises and reassurances that Bulgaria will consider Free/libre software, the Bulgarian government hands out a lot more of taxpayers' money to the Mafia



  27. Corporate Media Finally Finds Out That Vista 10 Crashes a Lot

    Stability issues of Vista 10 are belatedly reported to be a major catastrophe, leaving it unusable for many early adopters



  28. Links 28/7/2015: Linux 4.2 RC4, New Logos and Bug 'Branding' for FUD

    Links for the day



  29. Patents Roundup: Technicolor, Alice, Voip-Pal, Fitbit, Marijuana Patents, and JDate

    A look at some of last week's patent news, with imperative responses that criticise corporate exploitation of patents for protectionism (excluding and/or driving away the competition using legal threats)



  30. Corporate Lobbyists Including Koch-Connected Front Groups Attack Real and Perceived Patent Reform in the United States

    Looking at some of the latest propaganda for and against a bill which is already too watered-down to actually fix the US patent system


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