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

01.19.13

All Your Rectangles Are Not Apple’s

Posted in Apple, Patents at 6:07 am by Dr. Roy Schestowitz

Steve Jobs with patent
Original photo by Matt Buchanan; edited by Techrights

Summary: Apple fails to guard insane monopolies on shapes and basic geometry — patents which it has used to ban Linux-powered and Open Source products

Lisa Shuchman says that “Design Patent Suits Becoming Less Prevalent in U.S. Courts”, but Apple, which gets knocked down by analysts as it cancels orders (Android eats its lunch), continues betting on design patents.

Apple patents boosters brag about new ones [1, 2] while another court kicks Apple the curb on this one. A Dutch-English version of this early report says:

The Galaxy Tab 7.7, 8.9 and 10.1 of Samsung do not infringe on Apple’s tablet design, the Hague court judges now in the main proceedings. Het kort geding ligt al bij de Hoge Raad. The lawsuit is already at the Supreme Court.

Samsung behaalt andermaal een overwinning in een juridisch gevecht met Apple om het uiterlijk van zijn tablets. Samsung achieves a further victory in a legal battle with Apple to change the look of his tablets. De Galaxy Tab 7.7, 8.9 en 10.1 vallen niet onder de beschermingsomvang van het Gemeenschapsmodel van Apple, een serie schetsen van een rechthoekig device uit 2004. The Galaxy Tab 7.7, 8.9 and 10.1 are not covered by the scope of the Community design from Apple, a series of sketches of a rectangular device in 2004. Dat oordeelt de Haagse rechtbank in een bodemprocedure die door Samsung was aangespannen. That considers the Hague court in proceedings by Samsung was filed.

Later came some reports in English. We have already explained why we prefer not to cite English-speaking press and courts, where it is common to assume Asian designs are borderline ripoffs at best.

Speaking of Apple, it was rumoured to be interested in buying the patent portfolio of Kodak, which had sued Apple for patent violations. Kodak is being compared to Openwave by Christine Hall, who writes:

While there’s been a feeding frenzy at Kodak, with a group of tech’s heavy hitters grabbing patents at fire sale prices, Ericsson has been busy making a deal with a troll to do their dirty work for them.

In the later case, the troll is Unwired Planet, a company that at one time, as Openwave Systems, was a major player in the mobile software world, credited with pioneering the Mobile Internet and being the original developer of HDML, a precursor to WML. Nowdays it appears as if the company has morphed into troll territory, having shed itself of most, if not all, of its software offerings to concentrate on licensing and enforcement of its portfolio of patents.

Patent trolls have a good chance at winning cases because no deterrence in the form of countersuit will ever be brought against them. They have no products. That’s why Microsoft, for example, likes arming patent trolls. Microsoft folks even created the world’s biggest patent troll.

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

5 Comments

  1. mcinsand said,

    January 20, 2013 at 1:53 pm

    Gravatar

    Apple may not own our rectangles, but, with patents like these, they might well own the best proof of how the patent system is brokenly disconnected from innovation… Well, well, apple has something in common with the USPTO!!

    Dr. Roy Schestowitz Reply:

    I linked to some more (newer) design patents. Innovation?

    Michael Reply:

    Apple is in a tough position. Through their innovation and hard work and money and understanding of what it takes to make excellent products which earn such high user satisfaction ratings, they have repeatedly been the target of those who wish to copy them or otherwise use their work in unfair ways. Combine this with Jobs somewhat egotistical view of the world, which is likely still a part of the Apple management, and the absurd and very different laws in the world for global products (including laws which force companies to protect their work even against small problems or lose their rights), and the overall overly-litigagious nature of the industry and Apple’s massive success and you have a recipe for disaster. We are seeing this.

    Apple has been the target of outright copying in absurd ways (such as Samsung’s) and they have pushed to protect things in absurd ways (such as trying to claim ownership of the term “App Store”… absurd!).

    Apple, Google, Samsung, Microsoft, and others are all victims of this BS and also ones who push this BS… but you, Roy, try to make it seem as if somehow the companies you envy for their success are pretty much always in the wrong and the others are somehow the victims, no matter how much wrong they do. You have an extreme bias and it shows in pretty much every one of your posts.

  2. Michael said,

    January 20, 2013 at 8:18 pm

    Gravatar

    1) Apple never has nor has tried to patent the rectangle or rounded rectangle.
    2) You avoid linking to sites where fact you wish to obfuscate are discussed.

    I sincerely wish you could be honest in your posts.

  3. Michael said,

    January 20, 2013 at 8:19 pm

    Gravatar

    Just as a side note: the above does not imply I agree with (nor disagree with) Apple… it means I support honesty and truth. I wish you would join me in that… which also does not mean I think we need to agree on all things.

What Else is New


  1. Links 30/8/2016: Fedora 24 Reviewed, Ubuntu Patched

    Links for the day



  2. Links 29/8/2016: Linux 4.8 RC4, Maru OS Source Code

    Links for the day



  3. Let Them Eat Patents

    A reality check regarding software patents and regarding those who truly benefit from an expensive patent system with an even more expensive litigation process/proceedings



  4. Nothing Whatsoever Has Improved at the European Patent Office, It's Just Summer's Recess (and Silence)

    The European Patent Office (EPO) has done absolutely nothing to improve the work atmosphere, it just alters the marketing strategy somewhat



  5. Links 28/8/2016: Q4OS 1.6, ConnochaetOS 14.2

    Links for the day



  6. The United States Has Gotten Over Software Patents

    A roundup of new articles about software patents in the United States, 2 years into the post-Alice era (the US Supreme Court deeming patents on software too abstract to have merit)



  7. More Lies From President Benoît Battistelli and the EPO Crisis Which Continues to Deepen

    The European Patent Office (EPO), collectively speaking, is still wrestling with a Battistelli infiltration (a circle of high-level managers) which habitually lies and viciously attacks those who dare counter these lies



  8. Links 27/8/2016: Torvalds and GPL, “DOD Must Embrace Open-Source Software”

    Links for the day



  9. Links 26/8/2016: Maru OS Resurfaces, Android More Reliable Than 'i' Things, PC-BSD Becomes TrueOS

    Links for the day



  10. Good Job, David Kappos, Says the 'Boss' (IBM)

    Responses to the latest call against Alice (eliminator of many software patents), courtesy of the man from IBM (still paid by IBM) who was responsible for the policy that blindly approved a lot of software patents in the US



  11. Being for Patent Quality or Against Patenting Excess Does Not Make You Anti-Patents

    Like IAM, which tries to portray sceptics and critics of software patents as "anti-patents", IP Watchdog (or Watchtroll as we call it) is 'trolling' the Electronic Frontier Foundation, simply because it expressed an opinion that patent maximalists cannot tolerate



  12. Erosion of Patent Quality Enables Patent Extortion With Large Portfolios of Low Validity Rate

    Revisiting the EPO's vision of poor patent examination and the effect of discriminatory granting practices, favouring patent bullies such as Microsoft (which actively attacks Linux using low-quality and usually pure software patents)



  13. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  14. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  15. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  16. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  17. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  18. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  19. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  20. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  21. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  22. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  23. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  24. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  25. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  26. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  27. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  28. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  29. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  30. Links 20/8/2016: Android Domination, FSFE summit 2016

    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