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06.22.14

With Help From Corrupt Legal System, Apple is Patenting the Competition’s Products, Then Copying Them, Then Banning Them

Posted in Apple, Patents, Samsung at 11:05 am by Dr. Roy Schestowitz


Summary: Apple continues to misuse patents as a tool of competitive advantage, relying in part on a biased US corporations-run system (USPTO and ITC) or courts (CAFC)

AS WE SHOWED earlier this month, the US patent office has been exceptionally friendly towards Apple, not the Korean giant, Samsung. The USPTO (and by extension ITC) is one of those pseudo-public institutions that are run by US corporations, not impartial actors. Those are are friendly towards Apple have financial reasons to be like that.

It was very recently reported that Apple patents ideas that relate to stuff which already exists from Samsung but not from Apple. Since the patent system checks what’s already filed rather than what exists in the world/market, this type of abuse is allowed. Apple is basically allowed to patent what the rivals have (and have not patented), then copy the rivals and block their products (e.g. ITC embargo on imports). Watch this ITC war that Apple started. It’s failing badly, but it is still unjust. “Apple Inc. and Samsung Electronics Co.,” says this report, “on Friday agreed to drop their appeals of a patent-infringement case at the US International Trade Commission (ITC) that resulted in an import ban on some older model Samsung phones. Samsung has been seeking to overturn the ban, while Apple was trying to revive other patent claims it had lost. The import ban will remain in effect, according to a filing with the US Court of Appeals for the Federal Circuit. Last month both companies blamed each other for their inability to reach a global settlement. Appeals of district court cases between Apple and Samsung are still pending.”

The US Court of Appeals for the Federal Circuit is a corrupt sham. It should cease to have any impact on law and it is highly predicable (barely surprising) that it let Apple make all this mess. As one respectable site put it, Apple’s patent wars may in fact be “a Marketing Strategy”, pretending that Apple invented everything despite its founder’s admission that it copies a lot from other companies. To quote the analysis: “The latest battle in the three-year long Apple-Samsung patent saga concluded few weeks ago. In contrast to previous litigation between the two tech-giants—which revolved on the overall look of the phones—this case focused around autocomplete, tap-from-search and slide-to-unlock software. Despite the technical nature of these innovations, there are a few broad managerial lessons that have emerged from this prominent patent case.”

Further down it says: “The Apple-Samsung patent war illustrates how patent litigation has impacts that go far beyond stopping a specific firm from copying a particular technology. This narrow view overlooks the effect it has on brands, and on other competitors not named in the suits. In considering their own IP strategy and in responding to litigation, managers can benefit from thinking more broadly about patent wars and recognizing their multiple effects.”

Apple is a shameful embargo company that copies others, then tries to ban them. Apple relies on an inherently corrupt and biased legal system in the US. Those who have not yet chosen to boycott Apple should think about what Apple does to innovation and fair competition. Remember that all those devices that Apple fights against are based on Linux.

“We’ve always been shameless about stealing great ideas.”

Steve Jobs

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A Single Comment

  1. Michael said,

    June 22, 2014 at 3:46 pm

    Gravatar

    You claimed the patent office offers anything special toward Apple, you did not show</strong it. Two very different things. And when you made that whine you were unable to suggest a better way for Apple to protect itself from those who use them as their R&D department. In other words: complaints without a solution.

    As far as the quote from Apple, you are simply not understanding what Jobs says. He is very clear:

    We have always been shameless about stealing great ideas. And I think part of what made the Macintosh was that the people working on it were musicians and poets and artists and zoologists and historians who also happened to be the best computer scientists in the world.

    Jobs is speaking of using ideas from other disciplines: art and poetry and science and history… not of doing what Google and Samsung do an outright copying competitors.

    You still have no answer for how Apple should be protecting themselves from such attacks. We are not talking learning from competitors… we are talking about copying other’s ideas and products as much as they can. And that is what Google and Samsung are doing. Instead of just whining why not offer a solution?

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