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 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  2. 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



  3. 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



  4. 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)



  5. 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



  6. 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



  7. 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



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

    Links for the day



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

    Links for the day



  10. 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



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

    Links for the day



  12. 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



  13. Battistelli Has Implemented De Facto EPO Coup to Remove Oversight, Give Himself Total Power, and Allegedly Give UPC Gifts (Loot) to French Officials

    Benoît Battistelli's agenda at the EPO is anything but beneficial to the EPO and suspicions that Battistelli's overall agenda is transitioning to the UPC to further his goals grow feet



  14. EPO Social [sic] Report is a Big Pile of Lies That Responsible Journalists Must Ignore

    A reminder of where the EPO stands on social issues and why the latest so-called 'social' report is nothing but paid-for propaganda for Battistelli's political ambitions



  15. Links 18/7/2016: Vista 10 a Failure, FreeType 2.7

    Links for the day



  16. Exploiting Perceived Emergencies/Disasters, Suspending the Rule of Law, and Suspending Judges: How Erdoğan is Like Battistelli, Except the Coup

    Pretexts for crackdown on law-abiding people or figureheads who are remote and independent the hallmark not only of Erdoğan but also the EPO's President, Benoit Battistelli



  17. The Impotence of Gene Quinn

    Attacking the enforcer of Alice v CLS because it's doing harm to his source of income, which makes him angry



  18. After the FTI Consulting-EPO Reputation Laundering Deal's Expansion in Germany Süddeutsche Zeitung 'Forgets' That the EPO Even Exists

    Relative apathy if not complete silence regarding the EPO at Süddeutsche Zeitung following reports of FTI Consulting's deal expansion (media positioning in Germany), with hundreds of thousands of Euros (EPO budget) thrown at the controversial task



  19. Benoît Battistelli and Persistratos

    Reminds you of someone?



  20. Whistleblower Protection Desperately Needed at the European Patent Office

    EPO scandals are not publicly accessible or known to many people and not many such scandals are known at all because people are afraid of Battistelli's Fabius Maximus strategies



  21. Microsoft and Its Patent Minions at Nokia Still Have Patent Stacking Ambitions Against Android/Linux OEMs

    Weaponisation of European companies for the sake of artificial elevation of prices (patent taxes) a growing issue for Free/Open Source software (FOSS) and those behind it are circulating money among themselves not for betterment of products but for the crippling of FOSS contenders



  22. [ES] ¿Que si la EPO Bajo Battistelli Se Arruina Sin Posibilidad de Reparación Como la UPC?

    La última evidencia alrededor del hundimiénto de la reputación de la Epo y su calidad de trabajo, así como la caída del sistema que Battistelli trata forzadamente de imponer (una carrera al fondo)



  23. [ES] La EPO de Battistelli, Quién Quiebra la Ley, Subvierte el Curso de la Justicia y Rechaza Obedecer las Ordenes de la Corte Dice lo Impensable en Medio de los Actos de Terror

    Los terribles ataques hace un dia en Francia están siéndo explotados por el caradura de Benoît Battistelli para comedia negra o un verdaderamente absurda afirmación en la sección de “noticias” de la EPO



  24. [ES] La EPO de Battistelli Continúa Cortejando a Officiales de Países Pequeños y su Propaganda de Beneficiar a las “PYMEs de Aquellos Países”

    El caradura de Benoît Battistelli prosigue desfilando en los países pequeños que tienen delegados al Consejo Administrativo (CA) y los explota para propaganda barata, no sólo para que lo apoyen en las reuniónes del CA



  25. Links 17/7/2016: Lithuanian Police Switches to GNU/Linux, Blockchain on LinuxONE

    Links for the day



  26. This is Why Benoît Battistelli Has 0% Approval Rating Among 'His' Staff at the EPO

    The EPO expresses solidarity regarding (mostly) French people but does so only in English as the real purpose is to manipulate the media and justify the EPO's sheer abuses and unprecedented oppression against staff



  27. Law Professors Try to Put an End to Patent Trolls So Patent Trolls-Funded IAM 'Magazine' Complains

    Many professors suggest a method of stopping patent trolls (restrictions on venue shifting), so patent trolls-funded propaganda sites and think tanks strike back and distract even further, putting forth a wish list or a 'reform' that's designed to give them more money and incredibly protectionist power



  28. The Importance of the Patent Trial and Appeal Board (PTAB) and High-Quality Patents (Not Software Patents)

    Strong patents rather than strong patent enforcement (i.e. ease of legal abuse) help discern the difference between successful economies and self-destructive economies



  29. With 'Friends' Like IBM and Its 'Open' Invention Network We Legitimise Software Patents Rather Than End Them

    Another reminder of where IBM stands on patent policy and what this means to those who rely on IBM for sheltering of Free/Open Source software (FOSS) or small businesses (SMEs) in a post-Alice era



  30. Links 15/7/2016: Microsoft Playing Dirty, GNOME Maps Problems

    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