Bonum Certa Men Certa

Apple and Microsoft FRAND Battles Against Google's Android Revisited, Apple's Patent Chief is Out Amid Blowback

Microsoft and Apple trademarks



Summary: A little update on Apple's and Microsoft's patent battles against Android/Linux

Google bought a part of Motorola, essentially inheriting some lawsuits over the future of Android when it comes to patents. This means that Google now has this dispute with Microsoft and another one with Apple. "It’s been relatively quiet in the Western District of Washington over the past couple weeks," say the FRAND boosters, "as Motorola and Microsoft move forward toward an August jury trial on Microsoft’s RAND-based breach of contract claims."



"Apple tried embargoing Android products, instead ending up with its own products embargoed."FRAND has become a joint Microsoft-Apple strategy for taxing Android. Apple is still suing, publicly escorted by Microsoft for support. Now it turns out that Apple's patent chief is leaving and he may have been the person behind this whole litigation strategy. Apple was previously dealing with patents on a defensive basis, but in 2009 it turned offensive, starting with threats against Palm [1, 2, 3]. The following year it started suing. Here is a case of Apple being sued. In this case, the US "Supreme Court declines to hear Mirror Worlds' appeal, putting to rest the long-running patent infringement case."

More interestingly, when it comes to Apple as the aggressor, it turns out its patent chief played a major role. The aforementioned article says that he "played an increasingly high-profile role at Apple in recent years as lawsuits began to mount. Last year, he testified on Apple's behalf in its patent infringement litigation with Samsung."

It also says that "he warned late Apple CEO Steve Jobs and then-COO Tim Cook in 2010 that Samsung's smartphones may infringe on the iPhone's patents."

According to this article about the judge in this high-profile case, there is something to be learned from public debates:

Want to know what U.S. District Judge Lucy Koh really thinks about patent litigation?

Companies demand too many do-overs; the U.S. Patent and Trademark Office behaves like no other federal agency; and the recent suggestion in a New York Times op-ed that lower court judges have the power to make so-called patent trolls pay for vexatious litigation is unfair and misleading.


Judge Posner weighed in on this [1, 2, 3, 4, 5] as he dismissed Apple's claims, denying the embargo strategy that Apple had conceived. Watch Apple scrambling to undo what the ITC embargo against Apple would cause. As Groklaw puts it, "the ITC early in June ordered an injunction and a cease and desist order against some of Apple's products, on a complaint from Samsung that Apple was refusing to pay anything at all for a FRAND patent of Samsung's. The shock waves from that were heard throughout the patent universe. And now Apple is trying to block it from happening. Both Apple and Samsung have filed written submissions with the USTR, as The Essential Patent Blog reports. The President of the United States can undo that ITC injunction order based on the public interest, and Apple is asking the Office of the United States Trade Representative, as the President's representative in such matters, to do exactly that..."

"With Apple's patent chief out of the company, perhaps a rethink of this misguided litigation strategy is imminent."This is funny. Apple tried embargoing Android products, instead ending up with its own products embargoed. Instant karma! And watch Apple's workers in China "looking to reduce reliance on Apple" (but "diversifying into R&D, software patents and e-commerce"). According to this, people who actually manufacture Apple-branded devices are seeing a dip in demand for Apple, an overrated and overpriced brand. Linux/Android is the cause, hence all those patent lawsuits. With Apple's patent chief out of the company, perhaps a rethink of this misguided litigation strategy is imminent. One can hope so.

Recent Techrights' Posts

Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025