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 19/4/2015: New KaOS (2015.04), Manjaro Linux 0.8.13 Pre1

    Links for the day



  2. Links 18/4/2015: ExTiX 15.2, RaspArch

    Links for the day



  3. Microsoft Tired of Pretending to be Nice to Free/Open Source Software (FOSS), Microsoft 'Open' Technologies Dumped

    Microsoft dumps its proxy (misleadingly named 'Open Tech') and other attacks on Free software persist from the inside, often through so-called 'experts' whose agenda is to sell proprietary software



  4. More Translations of French Article About the EPO

    German and Dutch translations of the Le Monde article are now available



  5. Links 17/4/2015: Wipro and the Netherlands Want FOSS

    Links for the day



  6. Microsoft's Multi-Dimensional Assault on Android/Linux: Extortion, Lobbying of Regulators, and Bribes

    Microsoft's vicious war on Linux (and Android in its current incarnation) takes more sophisticated -- albeit illegal (as per the RICO Act) -- forms



  7. Microsoft's Plot to Associate Windows with 'Open Source' is Proving Effective, Despite Being Just a Big Lie

    A look at the latest headlines which can lead to a false perception that Microsoft is now in bed with 'Open Source'



  8. Microsoft Windows Remotely Crashed, Remotely Hijacked, But Still No Logo and No Branding for the Bugs

    Windows maintains its reputation as a back doors haven, but the media is still not highlighting the severity of this issue, instead focusing on accidental bugs in Free software, even very old (and already fixed) bugs



  9. Black Duck's Latest Self-Promotional Propaganda (for Proprietary Software) Still Fools Journalists

    Under the traditionally misleading title "Future of Open Source" Black Duck expresses its desire for proprietary software sales, salivating over fearful managers who may get bamboozled into buying the patents-'protected' Black Duck 'product'



  10. Links 16/4/2015: Opera for 32-bit GNU/Linux, New Chromebook Site

    Links for the day



  11. Links 15/4/2015: Plasma 5.3 Beta, Docker's New Funding

    Links for the day



  12. Microsoft is Still Googlebombing the Term Open Source and Fooling Politicians Who Now Think Microsoft is Open Source

    Microsoft's attempt to assimilate (to confuse) bears some fruit and the Microsoft-linked media plays a considerable role in it



  13. Back Doors/Bug Doors in All Versions of Microsoft Windows Need a Name, a Logo, and Branding Too

    All versions of Microsoft Windows are found to have been insecure since 1997, but the bug responsible for this is not named as candidate for back door access, let alone named (with logo and marketing) like far less severe bugs in Free/libre software such as OpenSSL



  14. OnePlus (or OnePlus Customers) Should Wipe CyanogenMod From Existing Devices and Install Something Else

    A call for OnePlus to reconsider any future updates from Microsoft's Trojan horse, Cyanogen



  15. Links 14/4/2015: 3DR Dronecode, Z1/Z2 Tizen

    Links for the day



  16. Links 13/4/2015: Linux 4.0 Released; A Look at Antergos 2015.04.12

    Links for the day



  17. EFF Uses Alice v. CLS Bank Case to Pressure USPTO to Halt Software Patenting

    A look at recent patent policies and actions from the EFF, as well as increasing secrecy at the USPTO



  18. No, Panasonic Did Not Open-Source Anything (Another Example of Openwashing for PR)

    A dissection of media deception (or media being bamboozled) regarding the act of promising not to sue using patents, which in no way relates to Free/Open Source software



  19. Yes, Software Patents Are Dying, But Media Continues to Be Dominated by Those Denying it For a Salary

    The debate about software patents in this post-Alice era parallels the Net neutrality debate, where voices of people with vested interests contribute to confusion and meddle with largely-accepted views/consensus



  20. Links 12/4/2015: Linux 4.0 Imminent, Semplice 7 Reviewed

    Links for the day



  21. GNU/Linux is Crushing Windows, So Microsoft Leaps Ahead to X+2 Vapourware (Two Versions Ahead Into the Future)

    Microsoft continues to pile up bogus claims and empty promises in an effort to stall migrations to GNU/Linux



  22. The ITC's and US Media's Surprisingly Soft Treatment of Patent Bully Apple

    Despite Apple's history of initiating patent aggression against its competition (mostly Android-backing companies), the US corporate media treats Apple like a victim



  23. Microsoft Continues to Attack (and Tax) Linux Using Software Patents

    Microsoft stabs Linux in the back while it continues to insist that it 'loves' Linux



  24. European Unitary Patent Decision Due 5th of May

    The meta-industry of patent protectionism is debating and pushing forth the Unitary Patent Court, with or without endorsement from the European public



  25. Microsoft is Still Googlebombing 'Open Source'

    Microsoft's massive campaign of deception, obfuscation and misuse of the "Open Source" brand is still on, even a week after it was cleverly started by Condé Nast



  26. Links 11/4/2015: elementary OS Freya, Mageia 5 on the Way

    Links for the day



  27. Links 10/4/2015: Linux 4.0 Imminent, ZFS On Linux Improved

    Links for the day



  28. New Article Chronicles Suicides and Nervous Breakdowns at the EPO Due to the Management's Abuses

    Article from Le Monde translated into English



  29. Links 9/4/2015: SalentOS, Semplice Releases

    Links for the day



  30. The EPO is Becoming More Like the USPTO Under Benoît Battistelli's Greed-Driven Reign

    Recent articles about the EPO and the Unitary Patent are bundled together to highlight truly disturbing developments whereby those in power beget power through instruments of state-sanctioned power, such as the EPO (stateless entity within a continent-wide 'island')


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