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04.03.13

Apple’s Case Against Android May Collapse as USPTO Reaffirms Incompetence

Posted in Apple, Patents, Samsung at 2:24 pm by Dr. Roy Schestowitz

Apple pushed over the cliff

Some cliff

Summary: Apple’s crucial ammunition against Linux/Android gets thrown by the USPTO right into the garbage can

The news from the second-largest patent case against Android gets covered by Pamela Jones, whose articles about Samsung and Apple include in-depth legal analysis. Companies like Microsoft, Oracle and Sony [1, 2] also sue Android, but none has earned a ruling as favbourable as Apple’s (just over a billion dollars in damages). The USPTO has been forced to acknowledge failure to examine patent applications. The USPTO reaffirms invalidation of Apple patent in Samsung suit, says CBS. Apple’s patent should not have been granted in the first place, so the USPTO should be held responsible for a lot of damage to the industry, again. Here is Jones’ coverage of the news and some more from CBS tabloid ZDNet.

“Apple deserves go go out of business for its shameless business strategy.”Mr. Pogson calls it a case of rotten Apple, noting: “So Apple’s case is shrinking like a rotten apple. There’s just nothing left, at least nothing Samsung has to apologize or pay for. In fact, I would not be surprised to find Apple had to pay some of Samsung’s costs for frivolous action.”

Apple deserves go go out of business for its shameless business strategy. We can help that happen by boycotting Apple and urging others to do the same. I have already convinced many friends and even some small companies to do this.

Speaking of Apple, watch this lousy propaganda piece from the New York Times, to which Mike Masnick responds as follows:

Author Claims That If Apple And Microsoft Started Today They’d Fail Without Stronger Patent Protection

[...]

First of all, the number of patents filed is meaningless. You can file a ton of patents and it means absolutely nothing concerning innovation. First off, applications are different from granted patents. Second, and more importantly, patents show no relation to innovation. Third, when it comes to Chinese patents, the Chinese realized long ago that patents are merely a tool for protectionist tariff-like policies that can be enacted with less scrutiny or trade war issues and have acted accordingly. Basically, nothing in the paragraph above actually supports Fingleton’s argument.

Apple is not an innovative company, it is a marketing company and it managed to market or brand itself as “innovative”; in practice, it’s just a ripoffs company. It hardly manufactures anything.

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