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 1/10/2014: OPNFV Goes Public, PDF Reader Pullout

    Links for the day



  2. Links 29/9/2014: OpenDaylight Helium Release

    Links for the day



  3. European Patent Office Disorganisation: Problems With the Audit Mechanisms - Part IV

    A prelude to a long article about a thug called Topić, his controversial Battistelli-sponsored appointment, and the removal of auditory functions by Battistelli



  4. More Good News About Demise of Software Patents and Along With Them, Consequently, Patent Trolls

    A weekly roundup of news about patents in the United States and elsewhere, with special focus on software patents



  5. IRC Proceedings: June 22nd, 2014 – September 13th, 2014

    Many IRC logs



  6. Links 28/9/2014: Moto X, End of OpenSUSE 11.4

    Links for the day



  7. CBS Continues to Get Heavily Occupied by Microsoft Staff to Spread Microsoft Propaganda

    The CBS-owned ZDNet continues to hire people who have worked or are currently working for Microsoft and unsurprisingly enough they use their newly-acquired positions to praise Microsoft and bash Microsoft's competition, usually with no disclosure of their conflict of interest



  8. Links 27/9/2014: Linux (Almost) Everywhere, Features Of Linux 3.17

    Links for the day



  9. Microsoft Fakes 'Charity' and Uses Religious Groups to Acquire Lock-in in the Public Sector

    Microsoft's involvements with NGOs and with governments lead to more distrust, more surveillance, less freedom, and ultimately systemic corruption



  10. Bill Gates' Privatisation Crusade

    Mr. Gates, seeking to increase his huge profits and political power, reaches out to Catholic leaders and David Christian



  11. Tux Machines Under DDOS Attack

    Most of Tux Machines continues to work as usual, but some parts are temporarily restricted to keep the server running



  12. Links 26/9/2014: LibreOffice Celebrations, Betas of *buntu

    Links for the day



  13. Links 25/9/2014: KDE Roadmap, Bash Bug, GNOME 3.14 in Next Fedora

    Links for the day



  14. Links 24/9/2014: GNOME 3.14 Released, Bash Has a Bug

    Links for the day



  15. Links 21/9/2014: Fedora 21 Alpha

    Links for the day



  16. More of Bill Gates' Investments in GMO and Mass Indoctrination Under the Disguise of 'Donations'

    Microsoft's arrogant and famously corrupt co-founder is taken to task by those whom he is trying to bamboozle for monopoly, unlimited cross-generational power, and never-ending profit without risk



  17. Home Depot Confirmed a Victim of Microsoft's Bad Security, Microsoft Lays Off Security-Related Staff

    News reports circulate showing that Home Depot was knowingly careless with its Windows dependency while Microsoft lays off staff focused on security



  18. European Patent Office/Organisation - Suspicion of Improper Collusion Between EPO President and Chairman of the Administrative Council: Part III

    A preliminary look at Battistelli's reign and how regulatory powers got abolished, leaving the EPO reckless and largely unaccountable



  19. Links 21/9/2014: xorg-server 1.16.1, Linux Kernel 3.16.3

    Links for the day



  20. Links 20/9/2014: GNOME 3.13.92, Android L

    Links for the day



  21. Scanning Patent Troll Implodes; Is the Podcasting Patent Troll Next?

    MPHJ loses and Personal Audio LLC perhaps wins for the last time since software patents are quickly losing legitimacy in the United States



  22. If CAFC is Not Above the Law, Then it Should be Shut Down Now

    A long series of abuses in CAFC may as well suggest that this court has become broken beyond repair



  23. The Latest From Microsoft Patent Trolls and Patent Partners

    Microsoft-linked and Linux-hostile trolls continue their relentless attacks (albeit with little or no success) while patents as a weapon lose their teeth owing to a Supreme Court ruling



  24. Microsoft Proves That Its Massive Layoffs Are Not About Nokia

    Microsoft is laying off a lot of employees who have nothing at all to do with Nokia



  25. Links 19/9/2014: Another Red Hat Acquisition, Netflix Dumps Microsoft Silverlight and Brings DRM to WWW

    Links for the day



  26. Links 18/9/2014: Windows Copying GNU/Linux, Germany Moves to Security

    Links for the day



  27. Web Site 'Patent Progress' Now Officially 'Powered by CCIA' (FRAND Proponent, Microsoft Front)

    After talking a job at CCIA, "Patent Progress" and its chief author should be treated as dubious on real patent progress



  28. Articles About the Death of Software Patents in the United States

    Recent coverage of software patents and their demise in their country of origin, where even proponents of software patents are giving up



  29. The Death of Software Patents is Already Killing Some Major Patent Trolls

    VirnetX seems to be the latest victim of the demise of software patents in the United States



  30. More Microsoft Layoffs

    More Microsoft layoffs go ahead as the company is unable to compete


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