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. Data Mining Company: EPO is Like Suicide

    LinkedIn, one of several giants that spy on people to determine what's on their mind and what's similar to them, has yielded the above (for EPO)



  2. Patents Roundup: When the Patent Systems Turn Against People and Adjust According to Patent Lawyers and Their Largest Clients

    A look at the Singaporean, US, and Chinese patent systems, which are all becoming more aggressive and more disconnected from public interests, in favour of large multinational corporations



  3. Microsoft's Former Chief Patent Counsel Praises Elevation of Software Patents in Microsoft Case, Adds to Cherry-Picking and Lobbying by Patent Lawyers

    Microsoft, which is renowned (or notorious) for patent extortion against Linux, is still a big contributor to software patenting policy and Shelston IP -- much like Microsoft's front groups -- pretends to speak for small businesses in an effort to spread software patents outside the US (in spite of Alice)



  4. Extremely Dodgy Dealings at the European Patent Office

    Yet another dodgy contract between Battistelli's EPO and private contractors overseas, this time in an effort to whitewash or cleanse the image of the EPO's current regime



  5. The EPO's Media Partners Like Les Echos Already Produce EPO Puff Pieces (Marketing/Stenography)

    EPO promotion disguised as reporting or journalism, as seen in the media partners of the EPO well before these partnerships even begin



  6. Unitary Microsoft: EPO Excludes People Who Are Not Microsoft Customers From UPC Participation

    The EPO just can't help providing special treatment to Microsoft, not only when it comes to patent applications but also when it comes to rejecting stakeholders/applicants who dare not become Microsoft customers



  7. Links 30/5/2016: Linux 4.7 RC1, Best Linux Distros

    Links for the day



  8. Make Nothing, Sue Everybody: The Reality of Patent Trolls Increasingly Understood by the 'Mainstream'

    New patent stories and even extensive coverage at PBS, which dedicated a whole program to these matters but failed to address the core issue, which is software patenting



  9. [ES] Advertencia: La Vigilancia de la EPO Surveillance Puede Haberse Convertido en Más Intrusiva

    BlueCoat, que la EPO usa para oprimir a sus empleados en sus premisas Europeas, acaba de ajustar más y hacerse más intrusiva y los empleados pueden estar en riesgo



  10. [ES] Tarjeta de Victima Termina en Otra Torpeza para Battistelli Seis de su Guardia Pretoriana

    Battistelli esta destruyéndo lo que queda de la reputación de la EPO (después de las décadas que le costó a ella construírla) mientras los medios continúan escrutinando su desastroso régimen



  11. [ES] La EPO esta Excelente, Dice Sitio de ‘Noticias’ Conectado a Ella

    Los caraduras de la ‘revista’ IAM, viejo aliado de la EPO, da la impresión a la gente de que en la EPO todo esta bien y dandy aunque claramente ese no es el caso



  12. New EPO Caricature: Nouveaux Garde-Vélo (New Bicycle Guards)

    A new cartoon poking fun at Battistelli's bicycles and the perceived threat these are under



  13. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  14. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  15. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  16. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  17. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  18. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  19. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  20. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  21. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  22. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  23. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  24. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  25. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  26. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  27. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  28. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  29. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  30. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO


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