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

03.11.13

Galaxy S Series Cannot be Stopped by Apple, iPads and iPhones Nearly Banned as a Result of Apple Provocation

Posted in Apple, Asia, Patents, Samsung at 6:11 am by Dr. Roy Schestowitz

Galaxy

Summary: Apple continues to find that patent wars against Linux/Android are getting it nowhere

Apple’s hype machine is losing its momentum as technically superior devices come out and outsell Apple’s best-selling products. Those devices have Linux in them.

Apple has been impeding development of some of the world’s technically best phones, the Galaxy S series. “Apple and Samsung,” writes Pamela Jones, “at the judge’s request, have filed their joint status report [PDF] on the theme of whether the judge should stay Apple v. Samsung II until after the appeals court rules on Apple’s appeal of Apple v. Samsung I. It’s a joint report, filed together, but they agree on nothing. Samsung says they should wait; Apple says they shouldn’t. Apple says that the two cases are distinct, with Apple II involving none of the same patents and “virtually none” of the same Samsung products.”

I happen to know some Apple fans who turned into Galaxy S fans. I met one of them yesterday. Even some prominent Apple people, such as Woz and Guy Kawasaki, seem to be walking away from the “i” hype.

Apple may be under some patent attacks, but the scale of the attacks which come from Apple is much greater. Samsung, responding to Apple’s aggression, tried to block Apple in Japan:

Samsung Electronics Co. (005930) failed in a bid to block sales of Apple Inc. (AAPL) iPads and iPhones in Japan, the latest step in a global patent spat between the world’s two largest smartphone makers.

The Tokyo District Court rejected the request as Samsung hadn’t negotiated “sincerely” with Apple over licensing data- sending patents, Judge Ichiro Otaka said in a ruling today. The court also ruled that Samsung doesn’t have the right to seek damages from Apple.

According to another recent report, “touchscreen gesture patents that Apple has accused Samsung of infringing on are not eligible to be patented in the first place, according to Samsung’s Australian barrister Richard Cobden.”

This case or set of cases between Apple and Samsung may help determine how quickly Android grows. In a new paper from Lemley et al. it is being claimed that trial length in patent cases has no effect on the outcome, which may be good news for several defendants in Linux-related cases. Here are some more findings:

We conduct a comprehensive study of all patent trials over the past eleven years. We find that juries are more favorable to patentees than judges, that (to our surprise) the length of a trial has no effect on its outcome, and that there are surprisingly modest differences between patentee win rates in favored jurisdictions like Delaware and the Eastern District of Texas.

Apple is desperate to carry on with this battle that Steve Jobs advocated for whereas the current CEO, based on reports, actually opposed. It has been a long time since Apple started this clueless patent war and Apple is barely getting anywhere with it. Apple is just getting distracted and it slows down. The US press, CBS for example, keeps posing Apple propaganda in the form of biased, flawwd statistics. The authors, some of whom used to serve the Microsoft press, fail to stall Linux growth. The latest of the Galaxy S series, the S4, is to be officially announced this week.

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. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation



  2. US Supreme Court Did Not End Apple's Patent Disputes Over Android (Linux), More Cases Imminent

    An overview of some very recent news regarding the highest court in the United States, which has been dealing with cases that can determine the fate of Free/Open Source software in an age of patent uncertainty and patent thickets surrounding mobility



  3. Links 15/1/2017: Switching From OS X to GNU/Linux, Debian 8.7 Released

    Links for the day



  4. Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls

    Litigation and prosecutions that rely on patents (failure to resolve disputes, e.g. by sharing ideas, out of court) is down very sharply, in part because firms that make nothing at all (just threaten and/or litigate) have been sinking after much-needed reform



  5. America Invents Act Improved Patent Quality, But Right Wingers Threaten to Make It Worse Again

    The past half a decade saw gradual improvement in assessment of patents in the United States, but there is a growing threat and pressure from the patent microcosm to restore patent maximalism and chaos



  6. PTAB -- Not Deterred by Courts -- Continues to Invalidate a Lot of Software Patents

    The Patent Trial and Appeal Board (PTAB) continues to make progress reforming the patent system by eliminating a lot of patents and setting an example (or new standards) for what is patent-eligible after Alice



  7. EPO Abuses Come Under Fire From Politicians in Luxembourg

    Luxembourg is the latest nation in which concerns about the EPO's serious abuses are brought up not only by the media but also by politicians



  8. Constitutionality as a Barrier and Brexit Barriers to UPC Keep the Whole Pipe Dream Deadlocked

    The UPC is still going nowhere fast, but the demise (or death) of the UPC as we know it must not be taken for granted



  9. Links 14/1/2017: Wine 2.0 RC5 and AryaLinux 2017 Released

    Links for the day



  10. Links 13/1/2017: Linux 4.9.3 and Linux 4.4.42

    Links for the day



  11. Brexit Means No UPC (Unified Patent Court)

    Now that Jo Johnson, Boris Johnson's brother, is officially declared the new minister for intellectual property in the UK everything that Lucy Neville-Rolfe wrote is as solid as paper bag on a rainy London day



  12. Patent Trolls and Software Patents: CloudTrade, Patent Practitioners Density, and Via Licensing

    Software patents armament from a British company, charted concentration of the patent microcosm in the United States, and US-leaning patent trolls that prey on China



  13. Patent Maximalism -- Like Copyright Maximalism -- Relies on Misconceptions and Mass Deception

    The latest examples of discussions about patent scope, courtesy of those looking to benefit financially by pushing such monopolies to the max



  14. Software Patents Still Promoted by IBM and Its Lobbyist (and Former Employee) David Kappos, in Defiance of Much-Needed US Patent Reform

    While the corporate media celebrates IBM as though it's some kind of 'champion' for hoarding patents that it then uses to attack companies which actually grow



  15. Brexit/Trump Effect: Patent Systems With Institutional Corruption and Nepotism

    Rumours about Britain's head of patents (and copyrights etc.) being the brother of the Brexit campaigner and Foreign Minister; meanwhile, on the other side of the Atlantic, rumours suggest that the corrupt judge Rader might be the next head of patents in the United States



  16. Links 11/1/2017: X.Org Server 1.19.1, GitHub's Atom 1.13

    Links for the day



  17. The Patent Microcosm is Already Sucking up to Donald Trump in an Effort to Enrich Itself at Everyone's Expense

    Four new examples of patent maximalists embracing/adopting the pseudo-populist slogan to advance their goals of increasing litigation (which they profit from) and undermining PTAB (which made patents great in the quality sense)



  18. Patent Quality in the United States Can Only be Assessed at the Patent Trial and Appeal Board (PTAB) and the Courts

    The travesty of patent offices in the US and China, where the goal or the accomplishment is measured in terms of the number of patents rather than their quality



  19. Gradual Collapse of Microsoft's Extensive (and External) Patent Trolling Operations

    The President of Microsoft Technology Licensing LLC (patent troll) leaves and the founder of Intellectual Ventures, Microsoft's largest peripheral patent troll, joins Sherpa Technology



  20. No End to Battistelli's Witch-hunts Against the Media, Against Staff, and Against Politicians

    Rumours about the fate of people who are (or have been) criticising Battistelli's reign of terror at the EPO



  21. Links 10/1/2017: Synfig 1.2, Kodachi Linux 3.7

    Links for the day



  22. With Help From the US Supreme Court (Key Cases), Patent Trolls Are Going Away

    The demise of patent trolls in the United States, a trend partly attributable to Alice and other Supreme Court decisions, will likely accelerate soon (later this year) as the future of the Eastern District of Texas courts is at stake



  23. Patent Maximalism on Display: Patent Aggressor IBM Celebrated in the Media

    The patent lust at IBM, which is suing if not just shaking down companies using software patents, earns plenty of puff pieces from the corporate media



  24. FFPE-EPO, the EPO Management's Pet/Yellow Union, Helps Union-Busting (Against SUEPO) in Letter to Notorious Vice-President

    In a letter to Elodie Bergot (as CC) and Željko Topić, who faces many criminal investigations, FFPE-EPO ringleaders reveal their allegiance not to EPO staff but to those who perpetually attack the staff



  25. Links 9/1/2017: Civilization VI Coming to GNU/Linux, digiKam 5.4.0 Released

    Links for the day



  26. Links 9/1/2017: Dell’s Latest XPS 13, GPD Pocket With GNU/Linux

    Links for the day



  27. Update on Patent Trolls and Their Enablers: IAM, Fortress, Inventergy, Nokia, MOSAID/Conversant, Microsoft, Intellectual Ventures, Faraday Future, A*STAR, GPNE, AlphaCap Ventures, and TC Heartland

    A potpourri of reports about some of the world’s worst patent trolls and their highly damaging enablers/facilitators, including Microsoft which claims that it “loves Linux” whilst attacking it with patents by proxy



  28. Mark Summerfield: “US Supreme Court Decision in Alice Looks to Have Eliminated About 75% of New Business Method Patents.”

    Some of the patent microcosm, or those who profit from the bureaucracy associated with patents, responds to claims made by Techrights (that software patents are a dying breed in the US)



  29. Eight Wireless Patents Have Just Been Invalidated Under Section 101 (Alice), But Don't Expect the Patent Microcosm to Cover This News

    Firms that are profiting from patents (without actually producing or inventing anything) want us to obsess over and think about the rare and few cases (some very old) where judges deny Alice and honour patents on software



  30. 2017: Latest Year That the Unitary Patent (UPC) is Still Stuck in a Limbo

    The issues associated with the UPC, especially in light of ongoing negotiations of Britain's exit from the EU, remain too big a barrier to any implementation this year (and probably future years too)


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