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

01.04.13

US Media Bias in Android Patent Cases

Posted in Apple, Courtroom, GNU/Linux, Google at 4:11 pm by Dr. Roy Schestowitz

Coat of arms of South Korea

Summary: An overview of recent news about Android cases and a reminder of the anti-Korea bias in north American press

Android is developed by an American (US) company, but the lion’s share of Android devices come from east Asia. By creating factories in the US, Apple and Samsung compete over the perception of being “more American” (made or assembled in USA). The corporate press, channels like CNN for example, does an Apple for dummies type of routine when it covers anti-Android lawsuits. It does not focus on trial misconduct [1, 2] for example. Forbes describes Apple as a victim:

Apple is perhaps the most talked about company in the world, online. Now, thanks to Apple’s litigation strategy, Samsung is the second most talked about. Here is a small thread of evidence.

The US is, as one might expect, hostile towards Korean companies if their rivals are largely US-based brands. Pamela Jones is the exception and she writes:

Judge Lucy Koh, the presiding judge in the Apple v. Samsung litigations, warned [PDF] the parties that she would ignore any arguments in their attachments to their post-trial motions that were new and therefore a backdoor way of bypassing the page limits she set for them, writing that “Any argument that is not explicitly articulated within the briefing page limits will be disregarded. Any supporting documentation shall be for corroboration purposes solely and shall not be used as a vehicle for circumventing the Court’s page limits.”

It would not be racist to say that Koh’s ethnicity may make her less likely to be Korea-hostile (as many US judges are). Recall what Europe too does to the Korean giant along with the ITC. Here is the ITC in action. The private US press — that which billionaires literally own — covered it a lot to make Apple, a common advertiser and ally, look good. Smaller news sites mention Apple setbacks; contrariwise, bad news for Samsung is what they fancy covering at CBS. To quote: “Samsung has dropped its bid to have Apple products that relate to its ongoing court cases against the company withdrawn from sale in Europe.”

And what about Apple? Remember who started it all and repeatedly sought bans. Watch this pro-Apple site whining about Apple not getting a trademark on “launchpad” (like Canonical):

On December 13, 2012, the US Patent & Trademark Office published a notice sent to Apple that basically denies them the rights to “Launchpad.” This is Apple’s second attempt at convincing the government agency of approving this trademark.

Canonical has had Launchpad for years. This just shows an ugly side of Apple, that’s all. The company also sought patents on shapes — a territory which in an article by Dennis Crouch he describes as follows: “laws of design patents; design patent application preparation and prosecution; design patent enforcement; tests of design patent validity; and design patent remedies.”

These patents are vague enough to augment copyright and they are very controversial, too. Remember the rounded rectangle monopoly of Apple? Apple’s cases are just very weak.

Recently we wrote about Apple and MPEG-LA. Watch this new article and remember that Apple and Microsoft are patent allies.

Motorola and Microsoft Debate the Scope of Google’s MPEG-LA License (Seattle) ~pj

The last time we looked in on the Microsoft v. Motorola litigation in Seattle, the judge, the Honorable James L. Robart, had just ruled that Motorola would have no right to injunctive relief in the US and Germany for its H.264 and 802.11 standard essential patent portfolios, at least not in the current set of facts, although he allowed that facts could change in the future.

The judge has asked [PDF] the parties to give him more information about Google’s license agreement with the MPEG-LA patent pool, and he set a hearing for oral argument for January 28 at 1:30 PM in Seattle on that issue and on a Microsoft motion for summary judgment on invalidity. If any of you can attend, that’d be wonderful.

We now can have a much clearer picture of the parties’ positions, now that we have both parties’ post-trial briefs on the subject of Google’s license agreement with MPEG-LA regarding H.264/AVC patent pool.

The crux of the debate is how to interpret one clause in the agreement, Section 8.3. Does it require Google to grant Microsoft a license to Motorola’s H.264-essential patents? Microsoft says it does, and Google says it does not. Google says it chose a license whereby it would have to list all affiliates it wished to be covered by the agreement, and to date it has not listed Motorola. It didn’t close on the Motorola deal until after it entered the license agreement with MPEG-LA anyway. And Motorola never on its own put any of its relevant patents into the MPEG-LA patent pool. So either way, Microsoft has no rights to a license via the MPEG-LA patent pool, Google argues, only by negotiated agreement under normal RAND terms, obviously at a higher rate.

The MPEG cartel has been used by the duopoly against free platforms, but Apple got hit recently, as covered here:

A federal jury in Delaware has found Apple’s iPhone infringes on three patents held by MobileMedia Ideas, a patent-holding company formed by Sony, Nokia and MPEG LA.

Here is more:

Apple Inc. (AAPL) lost an infringement case brought by patent-licensing firm MobileMedia Ideas LLC when a federal jury decided the maker of the iPhone misappropriated protected technology for the handheld devices.

Jurors in Wilmington, Delaware, deliberated about four hours after a weeklong trial before also concluding today that the three patents aren’t invalid.

Those trolls are connected to the MPEG cartel, unlike this entity:

Apple Inc. (AAPL) and LG Electronics Inc. (066570) didn’t infringe an Alcatel-Lucent SA (ALU) unit’s patents for electronic devices including phones and computers, a jury said.

The verdict today came after a trial that began Nov. 27 in federal court in San Diego over a 2010 lawsuit by the Paris- based company’s Multimedia Patent Trust accusing Apple and LG Electronics of copying video-compression technology that allows data to be sent more efficiently over communications media, including the Internet and satellites, or stored on DVDs and Blu-Ray disks.

This comes from Bloomberg. Plutocrats’ press likes to cover pro-Apple stories.

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 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  2. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  3. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  4. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  5. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  6. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  7. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  8. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  9. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  10. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  11. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  12. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  13. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  14. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  15. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  16. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  17. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  18. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  19. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  20. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  21. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  22. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  23. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  24. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  25. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  26. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  27. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    Links for the day



  28. Links 9/10/2014: Free Software in Germany, Lenovo Tablets With Android

    Links for the day



  29. Links 8/10/2014: A Lot of Linux+AMD News, New ROSA Desktop Is Out

    Links for the day



  30. Lawyers' Propaganda About Software Patents and a New AstroTurf Entity Called Innovation Alliance

    Patent propaganda and deception from patent lawyers (among other parasites such as patent trolls) continues to flood the Web, intersecting with reports that prove them totally wrong


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