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

01.23.13

Apple’s Strategy Against Linux and Android is Failing

Posted in Apple, GNU/Linux, Google, Patents at 3:52 pm by Dr. Roy Schestowitz

Great background

Summary: More setbacks in Apple litigation and a deposition of Apple’s CEO is expected

Apple’s obsession with patents is proving to be counter-productive. Wired has published this article which tells the story of SparkFun:

Design Like No One Is Patenting — How SparkFun Stays Ahead of the Pack

Electronics supplier SparkFun designs dozens of products a year and they haven’t patented a single one. It’s worked out pretty well so far.

Also, in a new interview Wired told Google’s Larry Page (CEO): “Steve Jobs felt competitive enough to claim that he was willing to “go to thermonuclear war” on Android.”

Page replied cleverly: “How well is that working?”

Apple has lost its mind. At Groklaw, which used to sympathise with Apple, Jones wrote: “The color version reads: “The applicant claims the colours black and silver as elements of Mark A in the series.” Great. Rounded corners. Now colors.” Patently Apple, an Apple boosting site has this report.

Recently, a Dutch court ruled against Apple, which is getting desperate for embargoes because Android devices sell like there is no limit (at the expense of Windows laptops and desktops, not just Apple-branded phones and tablets).

The US media, the corporate press in this case, says: “The outcome of these cases won’t be clear for several years, but so far neither company seems to be halting R&D or sales of the phones in question.”

Actually, Apple is reported to have halved orders, so sales are affected in some ways. Samsung won’t help Apple anymore. There is more about these disputes in the Page interview. Groklaw writes:

Apple and Samsung are having an intriguing debate before the Federal Circuit Court of Appeals. What does a patent holder have to prove in order to get an injunction? That is the question Apple raises. If there are, as claimed, approximately 200,000 patents that could be asserted against smartphones, which ones matter in the injunction analysis? Just a small handfull? Do you have to prove that the patent covers a feature that you can demonstrate consumers want, that it’s a feature that *drives* sales, in order to warrant an injunction?

Apple a couple of months back filed its petition for rehearing en banc of an October 2012 order by the Federal Court of Appeals in Apple v. Samsung II that held that in order to obtain injunctive relief in a case where an accused product contains many features, a “patentee must . . . show that the infringing feature drives consumer demand for the accused product”. Apple argues that this so-called “causal nexus” requirement violates equity.

As I read their motion, they are saying that the Federal Circuit’s order narrows drastically the ability of patent holders to obtain injunctions, and that there is a conflict with other rulings by this court and the US Supreme Court.

Apple is still trying to ban Android devices, but it’s a hard sell to the courts:

Apple Inc faces long odds in its attempt to overturn a U.S. appeals court ruling that threatens to undermine its smartphone patent war against Samsung Electronics Co Ltd.

Apple is said to be working against workers’ rights not just in China but also in the US. Judge Koh wants Apple’s CEO to be deposed for this:

US District Judge Lucy Koh has ordered Apple CEO Tim Cook to give a deposition about Apple’s role in a series of deals between top tech companies to not recruit each other’s employees. At a hearing this week, Koh said Cook, Google chairman Eric Schmidt, and Intel CEO Paul Otellini must be deposed to provide testimony about the deals, which the companies had agreed to dissolve after a US Department of Justice probe into the practices in 2010. The testimony is related to a civil lawsuit filed by five former employees of the companies, who claim that they and others lost out on better salaries due to the policies.

Apple’s bad practices go beyond that through. It colludes with Microsoft too. As Jones put it, “I told you patent litigation can be anticompetitive. Here’s a current example, according to the FTC. I continue to hope the FTC and other regulatory bodies will inquire into the Apple-Microsoft-Nokia-MOSAID et al patent attacks on Android as another.” The context was a “Federal Trade Commission staff report [pdf] [which] found that drug companies made 40 potential pay-for-delay deals in FY 2012 (1 October 2011 through 30 September 2012).” (source)

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 24/9/2018: Linux 4.19 RC5 From Greg Kroah-Hartman, OpenShot 2.4.3 Released

    Links for the day



  2. Reader's Article: Affaire Benalla Strongly Connected to EPO/OEB/EPA and Former President Benoît Battistelli

    A Macron scandal has led French media to finally (and years too late) exploring some of the much more explosive scandals at the EPO, revealing some interesting new details in the process



  3. Language Patent Lawyers Are Using to Warp the Debate and Decrease Public Understanding of Patents

    The patent microcosm, trying to get the public all baffled/confused about the patent system, continues (mis)using words to convey things in misleading ways



  4. USPTO FEES ACT Makes the US Patent Office a Money-Making Machine That Systematically Disregards Patent Quality

    The lingering issues with patent assessment at the US patent office, which unlike US courts isn't quite so impartial an actor (it benefits more from granting than from rejecting)



  5. Guest Post on Ronan Le Gleut and Benalla at the French Senate (in Light of Battistelli's Epic Abuses)

    Thoughts on the possibility that Battistelli will belatedly be held accountable for his abuses, knowing that a senator representing French Citizens residing Abroad comes from the EPO



  6. A Lot of US Patents Are Entirely Bogus, But Apple Was Willing to Pay for Them

    Apple's resistance to Qualcomm's patent aggression was preceded by very heavy ("thermonuclear" by Steve Jobs' description/words) patent wars against Android and even legitimisation of clearly bogus software patents from Amazon



  7. 'Owning' Nature, Thanks to Patent Insanity and People Who Profit From That

    Questionable patents on things that always existed and are merely being explained or reassembled; those sorts of patents typically serve to merely discredit the patent system and courts too increasingly reject such patents (e.g. SCOTUS on Mayo Collaborative Services and Myriad Genetics, Inc.)



  8. Patents Stranger Than Fiction and 'Protection' From Fictional Things

    Fictional things are being treated like "inventions" and insurance companies now look to exploit fear of fictional things (man-made concepts), such as ownership of mere ideas or words



  9. Benoît Battistelli Refuses to Talk to the Media About Bringing Firearms to the EPO

    Benoît Battistelli's highly aggressive approach has attracted the attention of French media; Battistelli has reportedly refused to comment on that matter, knowing that he lacks a defense (same thing happened after he had hauled millions of EPO euros to his other employer)



  10. Patent Law Firms Have Become More Like Marketing Departments With an Aptitude for Buzzwords

    What we're observing, without much reluctance anymore, is that a lot of patent lawyers still push abstract software patents, desperately looking for new trendy terms or adjectives by which to make these seem non-abstract



  11. Interlude: The Need to Counter Misinformation From the Patent and Litigation 'Industry'

    24,500 posts reached; so we pause and reflect, seeing that many sites/blogs of patent maximalists gradually ebb away



  12. Advocacy of the Unitary Patent System Has Become Almost Identical to the 'Leave' (Brexit) Campaign

    The charades of Team UPC carry on in Kluwer Patent Blog — a blog which for a very long time served no purpose other than Unified Patent Court (UPC) advocacy



  13. Open Invention Network is Rendered Obsolete in the Wake of Alice and It's Not Even Useful in Combating Microsoft's Patent Trolls

    Changes at the US Patent and Trademark Office (USPTO) and in US courts' outcomes may have already meant that patent trolls rather than software patents in general are a growing threat, including those that Microsoft is backing, funding and arming to put legal pressure on GNU/Linux (and compel people/companies to host GNU/Linux instances on Azure for patent 'protection' from these trolls)



  14. Bogus Patents Which Oughtn't Have Been Granted Make Products Deliberately Worse, Reducing Innovation and Worsening Customers' Experience

    How shallow patents — or patent applications that no patent office should be accepting — turn out to be at the core of multi-billion-dollar cases/lawsuits, with potentially a billion people impacted (their products made worse to work around such questionable patents)



  15. EPO is Like a Patent Litigation (Without Actual Trial) Office, Not a Patent Examination Office

    Examination of patent applications isn't taken seriously by an office whose entire existence was supposed to be about examination; bureaucracy at the top of this office has apparently decided that the sole goal is to create more demand (i.e. lawsuits) for the litigation 'industry'



  16. Philippe Cadre From the French National Institute of Industrial Property (INPI) Wants to Join António Campinos

    Yet another example of INPI's creeping influence if not 'entryism' at the EPO and this time too patent quality isn't a priority



  17. Links 22/9/2018: Mesa 18.2.1, CLIP OS, GPL Settlement in Artifex/First National Title Insurance Company

    Links for the day



  18. Links 21/9/2018: Cockpit 178, Purism 'Dongle'

    Links for the day



  19. Criticism of Unitary Patent (UPC) Agreement Doomed the UPC and Patent Trolls' Plan -- Along With the Litigation Lobby -- for Unified 'Extortion Vector'

    The Unitary Patent or Unified Patent Court (UPC) was the trolls' weapon against potentially millions of European businesses; but those businesses have woken up to the fact that it was against their interests and European member states such as Spain and Poland now oppose it while Germany halts ratification



  20. It Wasn't Judges With Weapons in Their Office, It Was Benoît Battistelli Who Brought Firearms to the European Patent Office (EPO)

    The EPO scandals deepen in light of a very major scandal which has occupied the French media for a couple of months



  21. Links 20/9/2018: 2018 Linux Audio Miniconference and Blackboard's Openwashing

    Links for the day



  22. Links 19/9/2018: Chromebooks Get More DEBs, LLVM 7.0.0 Released

    Links for the day



  23. Links 18/9/2018: Qt 5.12 Alpha , MAAS 2.5.0 Beta, PostgreSQL CoC

    Links for the day



  24. Today's European Patent Office (EPO) Works for Large, Foreign Pharmaceutical Companies in Pursuit of Patents on Nature, Life, and Essential/Basic Drugs

    The never-ending insanity which is patents on DNA/genome/genetics and all sorts of basic things that are put together like a recipe in a restaurant; patents are no longer covering actual machinery that accomplishes unique tasks in complicated ways, typically assembled from scratch by humans; some supposed 'inventions' are merely born into existence by the natural splitting of organisms or conception (e.g. pregnancy)



  25. The EPO Has Quit Pretending That It Cares About Patent Quality, All It Cares About is Quantity of Lawsuits

    A new interview with Roberta Romano-Götsch, as well as the EPO's promotion of software patents alongside CIPA (Team UPC), is an indication that the EPO has ceased caring about quality and hardly even pretends to care anymore



  26. Qualcomm's Escalating Patent Wars Have Already Caused Massive Buybacks (Loss of Reserves) and Loss of Massive Clients

    Qualcomm's multi-continental patent battles are an effort to 'shock and awe' everyone into its protection racket; but the unintended effect seems to be a move further and further away from 'Qualcomm territories'



  27. Links 17/9/2018: Torvalds Takes a Break, SQLite 3.25.0 Released

    Links for the day



  28. The Patent Trial and Appeal Board (PTAB) Helps Prevent Frivolous Software Patent Lawsuits

    PTAB with its quality-improving inter partes reviews (IPRs) is enraging patent maximalists; but by looking to work around it or weaken it they will simply reduce the confidence associated with US patents



  29. Abstract Patents (Things One Can Do With Pen and Paper, Sometimes an Abacus) Are a Waste of Money as Courts Disregard Them

    A quick roundup of patents and lawsuits at the heart of which there's little or no substance; 35 U.S.C. § 101 renders these moot



  30. “Blockchain” Hype and “FinTech”-Like Buzzwords Usher in Software Patents Everywhere, Even Where Such Patents Are Obviously Bunk

    Not only the U.S. Patent and Trademark Office (USPTO) embraces the "blockchain" hype; business methods and algorithms are being granted patent 'protection' (exclusivity) which would likely be disputed by the courts (if that ever reaches the courts)


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