Bonum Certa Men Certa

Android/Google Under Patent Attacks, Calls for Other Companies to Stop the Patent Litigation Frenzy

Some proprietary software giants are ganging up against Android/Linux

Soldiers



Summary: Some news of interest about patents and lawsuits that target Google and Android in particular

The patent war on Linux/Android, by far the leader of the mobile pack, is led by a bunch of proprietary software giants, one of which is Apple. Here is some interesting news that we overlooked earlier this month:





In other news, Microsoft too keeps up the pressure. Here is a report about it:

With that in mind, now take a look at the arguments Microsoft raises to try to rob Motorola of a jury trial. This litigation began as two cases. Microsoft started it by filing a breach of contract case in Seattle, this very one, #1823 [PDF], alleging that Motorola was breaching its contractual FRAND obligations by asking for too much for its patents. Then Motorola filed a defensive patent infringement action in Wisconsin, asking for a jury trial, and Microsoft answered with counterclaims that pretty much matched its breach of contract claims in Seattle. Then the two cases got consolidated. It's actually a bit more complicated, but that's the important part.

It wasn't Motorola that wanted to consolidate in Seattle. It filed in Wisconsin after Microsoft filed in Seattle, so it was hoping against hope not to end up with everything being decided there. Nobody wants to go against Microsoft in its own backyard, I think we may assume. And watching this case unfold, I think you can see why. You can read the judge's history of how it all happened in this order, #66 [PDF], which issued on May 31, 2011. In it, the judge notes that when Microsoft filed its answer to Motorola's patent infringement claims, it filed more or less the same breach of contract issues as in its own contract case, and that's why the judge in Wisconsin pushed them together into one case. And there they are.

Somewhere in that process of consolidation, Microsoft seems to think it has caught Motorola having dropped a stitch with respect to asking for a jury trial. Motorola wants a jury trial, and Microsoft doesn't and Microsoft thinks it's found a way to say it's too late to ask for it now.



Google, in response to some of these dubious lawsuits, encourages companies to take action:

Google encourages companies to work together on patent licensing to stop patent trolls



Google has recently been taking a hard line on the US patent system, claiming that it over-rewards the work of coming up with an idea while taxing those who do the work of actually implementing it. The company also takes issue with excessive patent litigation from so-called "patent trolls," and now Google is encouraging companies to work together to cross-license patents to help cut down on frivolous lawsuits. On a new site that Google launched today, the company outlines four different, royalty-free patent licensing agreements that it believes will help protect participants from patent trolls.


The royalty-free patent licensing, or elimination of patents, is imperative for the freedom of Free/libre software.

Here is evidence of Google's hypocrisy when it comes to patents and here is a new article from Glyn Moody, who says that Microsoft is arming in alarming ways:

If Microsoft Shuts Down Google Maps In Germany, How Does That Benefit The Public?



[...]

As the claims make clear, it's exactly what any half-way competent engineer would come up with given the task of providing certain kinds of information local to a geographical location. Moreover, it is of course implemented in software; given that Article 52 of the European Patent Convention explicitly excludes "programs for computers" from patentability, the fact that the EPO granted a patent here is an early example of how it circumvented that exclusion because a computer was used to run that software (well, doh.)


This is an example of rogue elements in the patent system.

Joe Mullin, a patent trolls expert, highlights this lawsuit over GUI, i.e. a software patent or design.

A patent appeals court has revived (PDF) one of the nation's most controversial patent lawsuits—one that looked to be over in January 2012. Originally filed in 2007, Move, Inc. v. Real Estate Alliance Ltd. involves a patent that has become infamous in real estate circles: US Patent No. 5,032,989, issued to Mark Tornetta back in 1991. Tornetta and his lawyers say the patent covers just about any use of a real estate map online that has a "graphical interface" and "drill-down features." Since online maps are ubiquitous in the real estate market, Tornetta and his lawyers believe they're owed money by just about every real estate agent or service in the nation. "It is a very broad-based patent," said Louis Solomon, the attorney representing Tornetta. "We are seeking reasonable royalties that conservatively run into the hundreds of millions, plus interest. Given that the Federal Circuit has significantly expanded the liable parties, the damages will go up significantly." Litigation involving the '989 patent began back in 1998 when inventor Mark Tornetta sued Microsoft, which at that time owned HomeAdvisor. Tornetta sued MapQuest that same year. Ultimately, he had to drop both lawsuits because he didn't have the money to see the cases through.


Here is some new commentary about GUI patents in relation to Apple and Samsung:

The recent Apple v. Samsung litigation has consumed the media since August when a California Jury awarded Apple more than $1 billion for infringement. Of the three design patents involved in that judgment, one was for a graphical user interface (GUI). This landmark case is the first time that a U.S. court has considered infringement of a GUI design patent and may be just the tip of the iceberg beginning to emerge within the design patent landscape.


We are living in a time when everything from design to code -- which copyrights already cover -- are monopolised as concepts, not implementation. Google is rightly worried about it because everyone seems to be aiming at Android. Since Android is an Open Source project (whose head, Mr. Rubin, has just stopped down), it is not compatible with patents. The cartel of proprietary software companies is aware of it, hence the clear strategy that seeks to exploit FRAND and simply tax everything Android. It's a case of patent stacking and it's a collusion that should be ruled illegal. More people should speak out about it.

Recent Techrights' Posts

GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
 
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true