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

02.18.13

Steve Jobs’ Litigation Legacy Leaves Apple Well Behind

Posted in Apple, Patents at 6:41 am by Dr. Roy Schestowitz

Steve Jobs

Summary: Samsung extends lead over Apple and Apple’s current CEO reportedly opposed suing Samsung (which is dumping Apple now)

The lawyers at a pro-FRAND blog “essential patent” write about Apple’s action in relation to Microsoft’s when they say “some of Apple’s arguments in its opposition raise some interesting questions about whether jurisdiction over this appeal will be consistent with past and potential future appeals of orders in the Microsoft-Motorola RAND case.”

Apple and Microsoft pretend to be victims in the FRAND case while they are the ones suing and giving standard-essential patents to trolls. Samsung complains that this whole litigation war it never started is hurting innovation — something which Apple hardly does any of (it also censors sites). Jobs’ good friend Larry Ellison is still suing Android:

Oracle has filed its appeal brief [PDF] in Oracle v. Google with the Court of Appeals for the Federal Circuit. I have it for you. Google must file its reply by March 28, according to the docket.

Android, in the mean time, leaves Apple well behind:

According to Thursday data from Canalys, Android smartphones made up 34 percent of global phone shipments during the fourth quarter, while iOS came in at 11 percent. Overall, smartphones represented 50 percent of the phones that shipped during the quarter

Reuters has this interesting new report and over at self-censoring CBS, Steven Musil cites Reuters as saying that “Tim Cook reportedly opposed patent suits against Samsung”, unlike Jobs. Samsung easily leads this market now.

Apple still has patents as a principal strategy, based on new reports like this:

Recently, there has been this trend. Blogs look for patents filed by companies and then report on each of them as if they are second coming of Jesus in technology. Especially if it is Apple who is doing the filings.

A few days ago, this new patent showed up about Apple’s “new wave approach to fighting malware” with the author giving up half-researched commentary on it.

I was intrigued by this news (if you can call it that), not because it’s something new but instead because process isolation is hardly a new concept. The author mentions “Qubes OS” as the one to be original inventor before Apple but in fact, it has been used for years (eg chrooting/containers in linux) and more popular recently in Android’s uid based approach. Even Qualcomm (and other SoC vendors) have stuff that helps in this space with Trustzone based isolation between processor entities at hardware level.

In other news, Apple is said to have secured another outrageous patent:

Apple has been awarded a design patent for the slide-to-unlock feature used in iOS since 2007, which has been the subject of several legal battles.

Focusing on patents and litigation surely will distract Apple and allow Android to move forward. Apple would be wise to try to innovate, not that this would ever occur. It never did. Apple is branding, not manufacturing or research. Apple relies on companies like Samsung for both.

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

A Single Comment

  1. Michael said,

    February 18, 2013 at 1:05 pm

    Gravatar

    Apple has never had a monopoly… it is only people who have been ignorant or dishonest who have made this claim.

    What Apple has is higher profits (good for them) and higher user satisfaction scores (good for users). With the latter, however, there are some reports of them slipping here – and Android devices catching up (though mostly Samsung ones – and keep in mind Samsung has now publicly admitted much of their “research” is to watch the best of the market and try to emulate them and add some improvements… they have admitted to willfully copying Apple).

    Still: Apple needs to make sure they stay on the top of their game. I think both iOS and OS X devices have been stagnating over the last few years and this is catching up to Apple. If Apple ceases to have the top satisfaction scores so be it – they need to *earn* these scores by continuing to offer innovative and excellently built devices backed by top of the line support. This has been their model for years (with some flops – as expected from a company that takes as many risks as they do). If Apple loses this “special sauce” they *deserve* to do poorly.

    Just as nobody owes desktop Linux anything, nobody owes Apple anything. Past successes or failures can push momentum to some extent, but if the products do not earn a spot in the hearts and minds of consumers then they will not do well.

    With that said, part of Apple’s success comes from their innovative devices – devices that changed the industry after most predicted them to be flops (the iPhone and iPad, more recently, and the GUI based desktop system before that). They *should* defend and protect themselves from others who abuse their IP. The line of being inspired by a successful company and unfairly copying is not clear… and this makes it hard for Apple and others.

What Else is New


  1. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  2. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  3. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  4. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  5. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  6. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  7. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives



  8. Released Late on a Friday, EPO Social 'Study' (Battistelli-Commissioned Propaganda) Attempts to Blame Staff for Everything

    The longstanding propaganda campaign (framing staff as happy or framing unhappy staff as a disgruntled minority) is out and the timing of the release is suspicious to say the least



  9. Links 23/9/2016: Latest Microsoft and Lenovo Spin (Now in ‘Damage Control’ Mode)

    Links for the day



  10. White Male-Dominated EPO Management Sinks to New Lows, Again

    Benoît Battistelli continues to make the EPO look like Europe's biggest laughing stock by attempting to tackle issues with corny photo ops rather than real change (like SUEPO recognition, diverse hiring, improved patent quality, and cessation of sheer abuses)



  11. Journalism 102: Do Not Become Like 'Managing IP' or IAM 'Magazine' (the Megaphones of the EPO’s Management)

    Another look at convergence between media and the EPO, which is spending virtually millions of Euros literally buying the media and ensuring that the EPO's abuses are scarcely covered (if ever mentioned at all)



  12. Journalism 101: Do Not Believe Anything That Benoît Battistelli and the EPO's Management Say (Also Don't Fall for the UPC Hype)

    A survey/review (or an overview) of recent articles about the EPO and why they're wrong (mostly because they parrot the official lies from Battistelli's department)



  13. Patent Law Firms, David Kappos, and IAM 'Magazine' Still Shelter Software Patents by Cherry-Picking and Lobbying

    Amid the gradual collapse of software patents in the United States there are disingenuous efforts to bring them back or maintain a perception that these patents are still potent



  14. Microsoft-Connected Patent Trolls Going Places and Suing Microsoft Rivals, Microsoft Wants More 'Linux Patent Tax'

    Microsoft-connected patent trolls like Larry Horn's MobileMedia are still attacking Microsoft rivals and Microsoft wants more money from Korea, after it attacked Linux with software patents over there (notably Samsung and LG)



  15. Links 22/9/2016: Linux Professional Institute Redesign, Red Hat Upgraded

    Links for the day



  16. Links 22/9/2016: Red Hat's Latest Results, GNOME 3.22 Released

    Links for the day



  17. The Patent Law Firms in the US Relentlessly Lobby for Software Patents Resurgence by Placing Emphasis Only on Rare Outcomes

    Decisions against software patents continue to be ignored or intentionally overlooked by patent law firms, which instead saturate the media with the few cases where courts unexpectedly rule in favour of software patents



  18. Links 21/9/2016: Lenovo Helps Microsoft Block GNU/Linux Installations

    Links for the day



  19. Like Big Tobacco Lobbyists, Benoît Battistelli and Team UPC Are Just Chronically Lying and Manipulating Politicians With Their Lies

    Benoît Battistelli and Team UPC continue to meddle in politics and mislead the public (through the press) about patent quality as well the UPC, which is now in effect sunk inside the ashtray of history



  20. The EPO's 'Investigative' Function is Totally Out of Control and Continues to Get Bigger, Whitewashed by So-called 'Review'

    An update on the situation which still causes great unrest at the European Patent Office (EPO), namely abuse of staff by the so-called Investigative Unit (Eponia's equivalent of unaccountable secret services)



  21. Microsoft and Patent Law Firms in the United States Can't Stop Writing About McRo in a Coordinated Push to Resurrect Software Patents

    Microsoft is pursuing more Linux 'patent tax' (using software patents) and patent law firms are preoccupied flooding the media with their shameless self-promotion which is also software patents promotion



  22. For Abuse Like Plagiarism and Malpractice, the US Patent System is Still World Champion

    Low patent quality, abusive litigation (e.g. by patent trolls) and various other elements that globally discredit the USPTO are only symptoms of a wider problem, which is a greedy system motivated by neo-liberal values rather than professionalism and servitude



  23. Links 20/9/2016: GNOME 3.22 Preview, Absolute 14.2 Released

    Links for the day



  24. Links 19/9/2016: Linux 4.8 RC7, KDevelop 5.0.1

    Links for the day



  25. Patents Roundup: Disclosure Requirements, Mobile Patents, Patent Lawyers' Plagiarism, USPTO Getting Sued, and Corporate Domination of the Patent System

    The unwanted elements of the patent system (as it stands at present) illuminated by very recent news and patent court cases



  26. With or Without the UPC (Which Will Probably Never Happen) Battistelli is Crushing the EPO and Ejects Experienced Staff, a Future Without Examination Possible

    A pessimistic but probably realistic take on what is happening at the European Patent Office (EPO), which is undergoing a silent transformation so wide-ranging that stakeholders deserve to know about it



  27. When EPO Liar-in-Chief Benoît Battistelli Defamed His Staff in Parliament, Comparing Them to Nazis and Criminals

    A reminder of the audacity of Benoît Battistelli, who in his capacity as a politician -- a problem in its own right -- slanders EPO staff



  28. After McRO v Namco Case (at CAFC) the Patent Microcosm Works Overtime to Produce Pro-Software Patents Propaganda, Smear the Supreme Court

    Increasingly desperate to convince people to pursue software patents and/or use their software patents to initiate growingly risky lawsuits (high risk of losing), the patent microcosm hugs McRO v Namco while distorting the complete record of the Court of Appeals for the Federal Circuit (CAFC) on this subject



  29. Poor Quality Control at the US Patent Office Gives Birth to 'Unpatent' and Gives a Voice to Critics

    The USPTO must up its game on patent quality (not relying on PTAB and the courts correcting its errors after the grants) or face growing backlash that tarnishes its public image



  30. Patent Trial and Appeal Board Under Attack by Law Firms, Which Will Soon Infiltrate It in the Form of 'Bar Association'

    The vultures that are patent law firms keep circling around PTAB and hoping to destroy it, if not from the outside then from the inside, potentially regressing and ruining great progress for US patent quality since Mayo and Alice


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