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08.29.15

Apple’s Patent Cases Against Android Are Falling Apart, as Acknowledged Even by the Anti-Android Lobby

Posted in Apple, GNU/Linux, Google, Microsoft, Oracle, Patents at 7:58 am by Dr. Roy Schestowitz

Patents on trivial concepts can’t carry water for Apple

Replica

Summary: Apple’s attacks on Android (and by extension Linux) run short of results

DESPITE Apple’s ‘generous’ payments to IDG (e.g. for advertisements), IDC‘s parent company, IDC now reports (as widely covered in the media) that Apple is unlikely to ever catch up with Android and Apple’s stock rapidly collapsed recently, costing the company around $100 billion in overall value.

Apple saw the writings on the wall some years ago. It started suing Android half a decade ago, taking advantage of a notorious patent system (the USPTO) that is such an utter joke that it actually let McDonalds have patents on making burgers (patents protectionism) just when in the US, based on this new report, some people are copyrighting a chicken sandwich (or at least trying to). Remember that Oracle attacks Android not only using patents but also copyrights (on APIs). CPTN, a consortium built around Novell’s patents with Apple, Microsoft and Oracle at its core, shows that there is a proprietary software collusion against Android/Linux. Microsoft has been destroying Nokia to turn it into a patent troll, using its patents to feed Android-hostile trolls like MOSAID.

Outside the US (although increasingly in the US too) Apple has not been so lucky when it comes to fighting Android. Watch Europe for instance. Aside from the fact that the system isn’t biased in favour of US companies (like the ITC tends to be), Apple’s slide-to-unlock patent, to give just one example, is nothing more than an old gate lock (thousands of years old) borrowed for digital metaphors. It’s just not patentable in many places, including in Europe. Apple has ultimately embarrassed itself by even trying to follow Steve Jobs' "thermonuclear" (apocalyptic) plan.

“Apple’s anti-Android/anti-Samsung patents are an endangered species in every jurisdiction in which they get challenged (and may soon be an extinct species in Europe)…”
      –Florian Müller
According to Florian Müller, who has been working for Microsoft (and based on some reports also for Apple) as a sort of lobbyist, Apple continues to be defeated in Europe. To put it in his own words: “The spring 2014 armistice with Google has a major downside for Apple: it related only to infringement cases, not to challenges to the validity of its patents, a fact that was not clear at the time of the original announcement. Five months ago, the European Patent Office revoked Apple’s iconic rubberbanding patent on a Europe-wide basis. The sole remaining party opposing the grant of that patent was Motorola. I have no doubt that Google (not Lenovo) is the driving force behind this continuing effort to shoot down Apple patents, and I guess Google is paying Quinn Emanuel for representing Motorola in cases such as that one.

“Today, Google and QE’s continuing efforts have succeeded once again (and most probably not for the last time): the Federal Court of Justice, Germany’s highest court (besides, theoretically, the Federal Constitutional Court, which has never heard a patent case in its history), today announced (German-language press release) affirmance of the Federal Patent Court’s April 2013 decision to invalidate the German part of Apple’s European slide-to-unlock patent.”

In another article from Müller the failures of Apple are shown to be broader than just in Europe. To quote: “Apple’s anti-Android/anti-Samsung patents are an endangered species in every jurisdiction in which they get challenged (and may soon be an extinct species in Europe), except for the Northern District of California, where Judge Lucy Koh has so far acted as if she was the World Wildlife Fund for Apple patents. But a tipping point may have been reached at which conservation will come to an end even in her district court.”

When even Müller has no favourable opinion on Apple’s case it’s easy to conclude that Apple totally lost the plot.

Let’s hope that Apple will rot on its own, without (any longer) trying to take Android down along with it.

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