Bonum Certa Men Certa

Android Gains Upper Hand in Battle to Defend Android, Microsoft Lobbyists Still Spin the Subject

The plot to kill Android

Lawyers



Summary: Android-hostile patent wars are fought well by Google and its partners, which have Microsoft-funded lobbyists try to portray them as aggressors (for reactive moves)

Google's fight to keep Android free faces barriers from CPTN members (Novell's patents) and their proxy trolls, amongst others. According to this latest update from Groklaw's Professor Webbink, Google is getting its way against Oracle:



The court has sided with Google on two of the three remaining claims construction issues. In an order (704 [PDF; Text]) issued yesterday the court interpreted two terms to have the meaning ascribed by Google and overruled the definition advanced by Oracle. The court has elected to leave the third term for consideration at trial, if necessary.

With respect to the '476 patent, the court found the term "computer-readable medium" to include transmission media as suggested by Google. Oracle had wanted to limit the definition to storage media. By seeking a broadened definition one presumes that Google is aiming to increase the likelihood that the claims will be found invalid. In finding in favor of Google the court pointed to the explicit definition of the term "computer-readable medium" as set forth in the patent's specification, a definition Oracle wanted to ignore.


Oracle is said to be retreating from the patent angle because it is failing. It had been baffling that Oracle chose to sue Android/Google until we saw in a credible source what Larry Ellison's best friend planned to do. Steve Jobs vowed to even spend tens of billions of dollars just suing Android (if necessary) and so far Apple is said to have spent $0.1 billion or more:

The never-ending war on Android has cost Apple more than $100 million, according to latest estimates. While a huge chunk of that money was spent (read wasted) in claims against HTC.


Motorola, which Apple attacked, is fighting back against Apple (probably as means of deterrence) and Charles Arthur is still flirting with a Microsoft lobbyist over at Tweeter and beyond. The lobbyist (Microsoft-funded lobbyist Florian Müller) is using him to incite against Google and Android. No disclosures in those posts about Florian's paymasters. The Guardian, now funded by Bill Gates, helps the lobbying efforts of Microsoft. How sad. Here is one better report on the subject:

Motorola Mobility, which is seeking regulatory approval to be bought by Google Inc, has filed a new lawsuit against Apple Inc accusing the iPhone maker of infringing its technology patents.


While Bloomberg keeps the usual corporate bias (still promoting intellectual monopolies in new ways) there are more reasonable sites like a Red Hat site, OpenSource.com, which has just published this new article about patent trolls. To quote part of the article:

When well-known, richly compensated patent lawyers switch from representing world-class tech companies to servicing "non-practicing entities," something's up. Could the sordidness of a business based on bringing patent lawsuits be outweighed by large amounts of cash? At least for some, apparently yes.

This week Ashby Jones wrote for the Wall Street Journal about two specific patent lawyers, John Desmarais and Matt Powers, as representative of a larger shift in the practice. Each of them was once an attorney for large companies, protecting those companies' patent interests in court. Desmarais' software-related clients included IBM and Verizon; Powers has represented Cisco, Oracle, Microsoft, and Apple. But today they have joined the ranks of "patent trolls," the colloquial term for "non-practicing entities" (NPE), which exist only to pursue the monetary benefits of aggressive patent-infringement lawsuits.

Ideally, patents protect and motivate innovation as well as benefit future innovators. They can be an important business justification in fields where R&D is expensive, like pharmaceuticals. They put the details of an innovation into public view, inspiring improvements and making a record of its existence, both for historic record and the benefit of future inventors. Thus, companies once used patents to protect what they had put significant resources into creating. Likewise, patent lawyers would work for those companies to defend their patents. Now there are those who are interested only in the financial gain and not in protecting innovation--like Desmarais and Powers.

But this approach is contrary to the intent of the patent system. Worse is when, as the WSJ highlights, some companies sell their patents to an NPE to prevent them from being in the awkward position of suing customers or partners. This practice puts the patent's advantages in the hands of a non-creator, who almost certainly does not hope to inspire, much less be responsible for, future innovation. Instead of benefiting innovators and the public, going on the patent offense benefits only the bank accounts of the trolls.


Recently, Red Hat was attacked by a patent troll that was passed 2,000 or so patents with help from Microsoft. Here at Techrights we'll keep a close eye on that. We have also queried Red Hat's legal team and expect a response soon.

Recent Techrights' Posts

Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
 
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025
Links 17/05/2025: Microsoft Kills "Surface Laptop Studio" (More Canceled Products/Units), Groups Caution About Harms of Social Control Media
Links for the day
Gemini Links 17/05/2025: Sympathy Algorithm and SSH on Alternative Ports
Links for the day
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025