Bonum Certa Men Certa

Fraud in the USPTO and CAFC Helped Apple Launch Frivolous Patent Lawsuits Against Linux/Android, Based on New Withdrawals

1.0M





Summary: Inherent corruption in the US system has aided Apple's assault on east Asian electronics giants that use Linux at the core of their products

A COUPLE of months ago we showed that in fighting Linux/Android Apple relied on the corrupt CAFC and the corrupt USPTO (never mind gross overreach by ITC with its xenophobic embargoes). There was no real review of patent applications on the face of it (there was fraud at the USPTO). Upon actual look at the patents in question the "Patent Office Shoots Down Apple Infringement Claims Against Samsung", but not before a lot of damage (never mind legal fees) was done. As reported by an Apple boosting site:



Apple just hit a stumbling block in its second U.S. patent infringement case against Samsung thanks to a Patent and Trademark Office ruling that rejects some of the iPhone and iPad maker's claims. The ruling targeted the summary judgement Federal Judge Lucy Koh issued ahead of Apple and Samsung's trial this spring, and relates to infringement claims for Apple's autocomplete patent.


These patent attacks are not going to work if enough money is spent by Samsung showing that Apple merely copies the competition (prior art). In fact, Apple already lost its biggest Samsung case and dropped all of its cases outside the US. It's quite revealing. Can HTC claim compensation from Apple (legal fees and potentially other fees, as well as various damages to reputation and sales)?

Now that Android commands the lion's share of the key market (85% of all sales, according to one source) all that Apple can do is lie and rely on trolls who claim "Apple's resurgence" for some hits/clicks bait. Here is a new example:

In recent weeks, a drumbeat has grown among tech analysts that Apple's iPhone is poised for massive uptake while Android smartphone sales may have peaked in developed nations. Also, Android is threatened in the developing world from a Google creation called AOSP, which strips out Google's services (where Google makes its money) and lets any device maker avoid paying Google service royalties. This is especially significant in China, the world's biggest emerging market, where AOSP is the top-selling mobile OS and which accounts for 20 percent or more of global "Android" sales. At the same time, various analysts have noted that Samsung is being squeezed by both Apple and AOSP, and Samsung may have already peaked in mobile, with 2012's Galaxy S III representing the high point.


This is all speculative mambo-jumbo bearing the headline "Android has good reason to fear Apple's resurgence". Thankfully there is already a rebuttal to this, which says:

Partisan holy wars are part of the history of technology, and there have been few as bitter as Android versus Apple. While Android has had an amazing run of success over the last few years, some analysts are beginning to think that an Apple resurgence is at hand that could do serious damage to Android.

[...]

However, I also understand the need for a horse race in the media. Writers are under pressure to deliver traffic and page views, and a platform battle between Google and Apple certainly offers articles with compelling clickability for readers. And many analysts simply seem to go whichever way they think the wind is blowing without looking deeper into what's actually happening.

Just remember that a lot of these analysts probably predicted Apple's doom over the last few years, and now they've switched to predicting Android's doom. So take everything they say with a gigantic grain of salt. I'm sure they'll flip back over to the other side at some point in the future if they think it will get them attention, clicks and traffic.


Apple is not doing well and even people inside Apple (or fans of Apple) know this. The recent revelations about iOS back doors, the China 'ban', etc. are just some of the symptoms and contributing factors/causes. Hopefully, as Apple continues to lose market share, its ability to just sue with patents (frivolously) is going to diminish and the same goes for Microsoft, which is doing what Apple did a couple of years ago (suing Samsung with crappy software patents).

Recent Techrights' Posts

Comparing U.E.F.I. to B.I.O.S. (Bloat and Insecurity to K.I.S.S.)
By Sami Tikkanen
New 'Slides' From Stallman Support (stallmansupport.org) Site
"In celebration of RMS's birthday, we've been playing a bit. We extracted some quotes from the various articles, comments, letters, writings, etc. and put them in the form of a slideshow in the home page."
Thailand: GNU/Linux Up to 6% of Desktops/Laptops, According to statCounter
Desktop Operating System Market Share Thailand
António Campinos is Still 'The Fucking President' (in His Own Words) After a Fake 'Election' in 2022 (He Bribed All the Voters to Keep His Seat)
António Campinos and the Administrative Council, whose delegates he clearly bribed with EPO budget in exchange for votes
Adrian von Bidder, homeworking & Debian unexplained deaths
Reprinted with permission from Daniel Pocock
Sainsbury’s Epic Downtime Seems to be Microsoft's Fault and Might Even Constitute a Data Breach (Legal Liability)
one of Britain's largest groceries (and beyond) chains
 
People Don't Just Kill Themselves (Same for Other Animals)
And recent reports about Boeing whistleblower John Barnett
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 18, 2024
IRC logs for Monday, March 18, 2024
Suicide Cluster Cover-up tactics & Debian exposed
Reprinted with permission from Daniel Pocock
Gemini Links 19/03/2024: A Society That Lost Focus and Abandoning Social Control Media
Links for the day
Matthias Kirschner, FSFE: Plagiarism & Child labour in YH4F
Reprinted with permission from Daniel Pocock
Linux Foundation Boasting About Being Connected to Bill Gates
Examples of boasting about the association
Alexandre Oliva's Article on Monstering Cults
"I'm told an earlier draft version of this post got published elsewhere. Please consider this IMHO improved version instead."
[Meme] 'Russian' Elections in Munich (Bavaria, Germany)
fake elections
Sainsbury's to Techrights: Yes, Our Web Site Broke Down, But We Cannot Say Which Part or Why
Windows TCO?
Plagiarism: Axel Beckert (ETH Zurich) & Debian Developer list hacking
Reprinted with permission from Daniel Pocock
Links 18/03/2024: Putin Cements Power
Links for the day
Flashback 2003: Debian has always had a toxic culture
Reprinted with permission from Daniel Pocock
[Meme] You Know You're Winning the Argument When...
EPO management starts cursing at everybody (which is what's happening)
Catspaw With Attitude
The posts "they" complain about merely point out the facts about this harassment and doxing
'Clown Computing' Businesses Are Waning and the Same Will Happen to 'G.A.I.' Businesses (the 'Hey Hi' Fame)
decrease in "HEY HI" (AI) hype
Free Software Needs Watchdogs, Too
Gentle lapdogs prevent self-regulation and transparency
Matthias Kirschner, FSFE analogous to identity fraud
Reprinted with permission from Daniel Pocock
Gemini Links 18/03/2024: LLM Inference and Can We Survive Technology?
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 17, 2024
IRC logs for Sunday, March 17, 2024
Links 17/03/2024: Microsoft Windows Shoves Ads Into Third-Party Software, More Countries Explore TikTok Ban
Links for the day
Molly Russell suicide & Debian Frans Pop, Lucy Wayland, social media deaths
Reprinted with permission from Daniel Pocock
Our Plans for Spring
Later this year we turn 18 and a few months from now our IRC community turns 16
Open Invention Network (OIN) Fails to Explain If Linux is Safe From Microsoft's Software Patent Royalties (Charges)
Keith Bergelt has not replied to queries on this very important matter
RedHat.com, Brought to You by Microsoft Staff
This is totally normal, right?
USPTO Corruption: People Who Don't Use Microsoft Will Be Penalised ~$400 for Each Patent Filing
Not joking!
The Hobbyists of Mozilla, Where the CEO is a Bigger Liability Than All Liabilities Combined
the hobbyist in chief earns much more than colleagues, to say the least; the number quadrupled in a matter of years
Jim Zemlin Says Linux Foundation Should Combat Fraud Together With the Gates Foundation. Maybe They Should Start With Jim's Wife.
There's a class action lawsuit for securities fraud
Not About Linux at All!
nobody bothers with the site anymore; it's marketing, and now even Linux
Links 17/03/2024: Abuses Against Human Rights, Tesla Settlement (and Crash)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 16, 2024
IRC logs for Saturday, March 16, 2024
Under Taliban, GNU/Linux Share Nearly Doubled in Afghanistan, Windows Sank From About 90% to 68.5%
Suffice to say, we're not meaning to imply Taliban is "good"
Debian aggression: woman asked about her profession
Reprinted with permission from Daniel Pocock
Gemini Links 17/03/2024: Winter Can't Hurt Us Anymore and Playstation Plus
Links for the day