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. Injunction Against Battistelli's Investigative Unit (Known Internally as 'Gestapo') Amid Serious Injustices and Bogus 'Trials'

    SUEPO, the EPO's staff union, steps up its spiel in a case against the "European Patent Organization" as defendant and "SUEPO/VEOB" (Trade Union of the European Patent Office) as claimants



  2. [ES] Con la UPC Muerta por el Resto del Termino de Battistelli, No Hay Razón para que la EPO o el Consejo Administrativo Sigan Manteniéndolo Más

    Pensamientos acerca de lo que pasará al líderazgo de la EPO después de ‘Brexit’ (salida Británica de la EU), lo que sevéramente socava el proyecto más grande de Battistelli el que usaba habituálmente para justificar sus increíbles abusos



  3. [ES] El Caradura Benoît Battistelli Debería Renunciar a Luz de la Filtrada Nueva Decisión en Su Vendeta en Contra de un Juez que se Atrevió a Decir la Verdad (Actualizado)

    Benoît Battistelli continúa quebrando las propias reglas de la EPO, no sólo las leyes naciónales, como una nueva decisión ayuda a revelar



  4. [ES] Cada Vez Más Parece Que Battistelli está Escondiéndo ‘Evidencia’ Falsa y/o Ilegalmente Obtenda de la Unidad Investigativa de la EPO

    El porqué creemos que Benoît Battistelli está cada vez mas desesperado de esconder operaciónes ilícitas de reunir ´evidencia´ lo que eventuálment lo puso a él mismo — no al acusado — en una situación catastrófica situacion que lo puede forzar (esperamos) a us renuncia



  5. Links 28/6/2016: Vista 10 Updategate, OpenMandriva 3.0 Beta 2

    Links for the day



  6. Links 27/6/2016: Linux 4.7 RC 5, OpenMandriva Lx 3.0 Beta 2

    Links for the day



  7. From Alleged Organised Crime to Vice-President of the European Patent Office (EPO)

    Željko Topić's situation in Croatia illuminated by means of recent documents from the authorities



  8. Battistelli May Still be on the Way Out as Pressure Grows in Germany, UPC in Shambles

    Pressure on Battistelli is growing even from within circles that are traditionally protective of him and a long letter is sent to Dr. Christoph Ernst, who some believe will replace Battistelli



  9. Caricature: European Patent Office (EPO) Under Battistelli

    The latest caricature about the state of the European Patent Office (EPO)



  10. Techrights (Almost) at 10: From Software Patents to Novell and to Present Focus on EPO

    A short story about how and why we ended up writing so much about the European Patent Office (EPO) and the impact beyond Europe



  11. Patents Roundup: Bad Quality (USPTO), Bad Analysis (India), Bad Microsoft, Bad Actors (Trolls), Bad Scope (Software Patents), and the Ugly

    A mishmash of news about patents, mostly regarding the United States, and what can be deduced at the moment



  12. Links 26/6/2016: IceCat 38.8.0, Wine 1.9.13

    Links for the day



  13. With UPC Dead for Battistelli's Entire Remaining Term, No Reason for the EPO or the Administrative Council to Keep Battistelli Around

    Thoughts about what happens to the EPO's leadership after 'Brexit' (British exit from the EU), which severely undermines Battistelli's biggest project that he habitually used to justify his incredible abuses



  14. Links 24/6/2016: Xen Project 4.7, Cinnamon 3.0.6

    Links for the day



  15. Benoît Battistelli Should Resign in Light of New Leak of Decision in His Vendetta Against Truth-Telling Judge (Updated)

    Benoît Battistelli continues to break the EPO's own rules, not just national laws, as a new decision helps reveal



  16. Fake Patents on Software From Fake Australian 'Inventor' of Bitcoin and the Globally-Contagious Nature of EPO Patent Scope

    News from Australia regarding software patents that should not be granted and how patent lawyers from Australia rely on European patent law (EPO and UK-IPO) for guidance on patent scope



  17. Patent Lawyers Love (and Amplify) Halo and Enfish, Omit or Dismiss Cuozzo and Alice

    By misinterpreting the current situation with respect to software patents and misusing terms like "innovation" patent lawyers and others in the patent microcosm hope to convince the public (or potential clients) that nothing in effect has changed and software patents are all fine and dandy



  18. Looks Increasingly Plausible That Battistelli is Covering up Bogus and/or Illegally-Obtained 'Evidence' From the EPO's Investigative Unit

    Why we believe that Benoît Battistelli is growingly desperate to hide evidence of rogue evidence-collecting operations which eventually landed himself -- not the accused -- in a catastrophic situation that can force his resignation



  19. As Decision on the UK's EU Status Looms, EPO Deep in a Crisis of Patent Quality

    Chaotic situation at the EPO and potential changes in the UK cause a great deal of debate about the UPC, which threatens to put the whole or Europe at the mercy of patent trolls from abroad



  20. Another Demonstration by European Patent Office (EPO) Staff on Same Day as Administrative Council's Meeting

    SUEPO (staff union of the EPO) continues to organise staff actions against extraordinary injustice by Benoît Battistelli and his flunkies whom he gave top positions at the EPO



  21. Links 23/6/2016: Red Hat Results, Randa Stories

    Links for the day



  22. Interview With FOSSForce/All Things Free Tech

    New interview with Robin "Roblimo" Miller on behalf of FOSSForce



  23. Links 22/6/2016: PulseAudio 9.0, GNOME 3.21.3 Released

    Links for the day



  24. IP Europe's UPC Lobbying and the EPO Connection

    The loose but seemingly ever-growing connections between AstroTurfing groups like IP Europe (pretending to represent SMEs) and EPO staff which is lobbying-centric



  25. EPO “Recruitment of Brits is Down by 80%”

    Letter says that “recruitment of Brits is down by 80%” and "the EPO lost 7% of UK staff in one year"



  26. The Conspiracy of Patent Lawyers for UPC and Battistelli's Role in Preparing by Firing People

    The parasitic firms that lobby for the UPC and actually create it -- firms like those that pass money to Battistelli's EPO -- are doing exactly the opposite of what Europe needs



  27. Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

    A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)



  28. Links 21/6/2016: Fedora 24 and Point Linux MATE 3.2 Officially Released

    Links for the day



  29. Supreme Court on Cuozzo v Lee Another Major Loss for Software Patents in the United States

    Much-anticipated decision on the Cuozzo v Lee case (at the highest possible level) serves to defend the appeal boards which are eliminating software patents by the thousands



  30. As Alice Turns Two, Bilski Blog Says 36,000 (Software) Patent Applications Have Been Rejected Thanks to It

    A look back at the legacy of Alice v CLS Bank and how it contributed to the demise of software patents in the United States, the birthplace of software patents


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