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 25/7/2014: GOG With GNU/Linux, Ubuntu 14.04.1 LTS

    Links for the day



  2. Links 24/7/2014: Oracle Linux 7; Fedora Delays

    Links for the day



  3. Valerie Strauss Explains Why Gates Foundation's Lobbying for 'Common Core' (Privatisation) is a Swindle That Makes Microsoft Richer

    Continued criticism of the Gates Foundation's lobbying and masquerading, with more journalists brave enough to highlight the corruption



  4. USPTO Officially Sets New Guidelines to Limit Scope of Software Patents in the United States

    Even patent lawyers finally acknowledge that the incentive to file software patent applications has been reduced, as the scope of patents on software has been noticeably narrowed and they are harder to acquire, let alone enforce in a courtroom



  5. UK Government Adopts OpenDocument Format (ODF) and Microsoft Already Attacks the Government Over It, Showing Absolutely No Commitment to Open Standards

    Only "Microsoft as the standard" is the 'standard' Microsoft is willing to accept, as its response to the Cabinet Office's judgment reveals



  6. Microsoft Layoffs of 2014

    Another quick look at Microsoft's horrible state of affairs and why it has virtually nothing to do with Nokia



  7. Links 22/7/2014: Linux 3.16 RC 6, New UberStudent

    Links for the day



  8. Links 20/7/2014: Jolla in India, Mega Censored in Italy

    Links for the day



  9. Longtime Mono Booster Joins Microsoft-linked Xamarin

    Jo Shields almost joins Microsoft, settling instead for its proxy, Xamarin



  10. Linux Foundation Welcomes Patent Aggressor Red Bend Software

    The Linux Foundation's AllSeen Alliance welcomes as a member a company that uses software patents to sue Free/Open Source software



  11. Matt Levy From Patent Progress (and CCIA) Does Not Really Want Patent Progress

    Matthew ('Matt') Levy moved into a foe of patent progress last year, but he still runs a site calls Patent Progress, in which he diverts all attention to patent trolls (as large corporations such as Microsoft like to do)



  12. Attacking FOSS by Ignoring/Overlooking Issues With Proprietary Software

    The biasing strategy which continues to be used to demonise Free/Open Source software (FOSS) along with some new examples



  13. Links 19/7/2014: CRUX 3.1 is Out, CyanogenMod Competes With Google Now

    Links for the day



  14. Microsoft's Massive Layoffs Go Far Beyond Nokia; Nokia's Android Phones Axed by Microsoft's Elop

    Microsoft's rapid demise and permanent exit from Nokia's last remaining Linux platform (after Microsoft had killed two more)



  15. Patents on Software Already Being Invalidated in Courts Owing to SCOTUS Ruling on 'Abstract' Patents

    The Federal Circuit Appeals Court has just "invalidated a software patent for being overly abstract," says a patents expert



  16. OpenSUSE 'Community' is Crumbling, AttachMSFT Killed SUSE's Potential (Except as Microsoft Tax)

    Not much too see in the land of SUSE and Attachmate, or formerly the company known as Novell



  17. Links 18/7/2014: Slackware Turns 21, Spotify Switches to Ubuntu

    Links for the day



  18. Links 16/7/2014: Manjaro 0.8.10 Third Update, SIA Migrates to Red Hat

    Links for the day



  19. Microsoft's Latest Round of Massive/Bulk/Large-scale Layoffs

    Microsoft boosters are preparing 'damage control' pieces ahead of massive layoffs at Microsoft



  20. Secrecy Allows British Government to be Manipulated by Microsoft for Spyware Behind Closed Doors

    Dependence on malicious software from NSA ally Microsoft is highly dependent, at least in Britain, on government secrecy and vain refusal to comply with Freedom of Information (FOI) requests



  21. Software Patent Applications Already Being Rejected in the US Owing to SCOTUS Ruling, Some Patent Lawyers Are Fuming

    Good news on the software patents front as the USPTO starts rejecting software patent applications, based on patent lawyers' words



  22. Links 15/7/2014: New Plasma, Google Announces Project Zero

    Links for the day



  23. Interest in Free Software Coverage and 9 Months With Tux Machines

    Thoughts about the level of interest in Free/Open Source software (FOSS) and growth of at least some sites that focus on GNU/Linux



  24. White House Backs Away From Appointing Patents Zealot to Top USPTO Position

    Philip Johnson is no longer poised to become the Director of the USPTO, which is basically an establishment that provides protectionism to primarily US-based corporations



  25. Professor James Bessen Presents the Case Against Software Patents After Important SCOTUS Ruling

    The debate about software patents in the Unites States continues, with academia on one side and greedy patent lawyers on the other



  26. Software Patents Demising in the US as Microsoft Patent Attacks on Android/Linux Suffer a Huge Setback

    M-Cam's assessment of Microsoft's bundle of extortion (using software patents) shows toothlessness, irrespective of the SCOTUS decision to effectively annul "abstract" software patents



  27. Links 13/7/2014: KDE Activity Surge

    Links for the day



  28. Pro-Microsoft Spin in Microsoft-Funded News Networks

    The rogue media (misinformation) campaign of Microsoft benefits from networks which have been paid by Microsoft over the years



  29. Cronyism at Play: European Hostility Towards Free/Libre Software Despite Espionage and Moles

    Europe continues to be held hostage with back doors, lock-in, and massive payments to foreign powers, despite evidence that these powers are destructive and hostile



  30. Wirelessly-Controlled Contraceptives and Other Villainous Bill Gates Initiatives

    Remote controls for people's reproductive systems are now in the making and Bill Gates is a prominent investor in the technology


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