Bonum Certa Men Certa

Patents Can Drive Apple and Microsoft Away From Litigation Tactics

Apple snipers



Summary: Backers of Android successfully fight back against the duopoly (Apple and Microsoft), which in turn uses FRAND smears to just act like a victim rather than an oppressor

THE Android defence in the face of Apple's patent aggression has usually been based on the claim that Apple's patents are not novel (prior art exists) or that Apple too violates patents -- patents owned by the defender. Well, that is where counter-suing comes into play (deterrence).



A ban against the successful Android tablets has been lifted by the now-controversial Judge Koh [1, 2] and it is said that Apple may owe Samsung money, proving again that deterrence might be effective. Pamela Jones writes: "Judge Lucy Koh has dissolved the preliminary injunctions against Samsung's Galaxy Tab 10.1 saying that the sole basis for it was the Court's finding that Samsung likely infringed Apple's D'889 patent, but the jury has found otherwise. "

This did not come out of nowhere. It happened following a request that Jones has been tracking. Others weighed in as well.

Apple is clearly getting angry at Samsung, its own supplier. HTC seems to be following similar footsteps [1, 2] where patents are being used against Apple's patents. HTC was Apple's first victim and Eric Schmidt gets personally involved. As one news site put it last month, "Google executive chairman Eric Schmidt on Thursday criticised raging patent disputes in the global mobile industry, warning that they stifled innovation and reduced consumer choice."

It is claimed that Google and Samsung are working on the patent issue together, with Schmidt getting personally involved.

Larry Page, the CEO of Google, is also participating in the battle against patent aggression and Pamela Jones looks at Google's own case to defend from Microsoft extortion. She writes: "A lot of you have been asking questions about Friday's decision [PDF] in Microsoft v. Motorola by the 9th Circuit Court of Appeals. Motorola lost its appeal of the district court's decision that it can't enforce currently the German permanent injunction it won against Microsoft for infringing Motorola's patents. Of course, after the trial in Washington State, it can appeal again then, ot it can ask for reconsideration and for en banc review, but for now, that door is closed by this decision."

Motorola, as far as this division goes, is part of Google now. This makes it the common target of Microsoft FUDMeisters like Florian Müller and the judge who sought to address the FUD epidemic changes course: "So, after thinking about this all day, here's what I think it means. I think it is significant that he mentions this in connection with Google's request for a new trial or JMOL. That is the context of the judge's request for a list of any paid bloggers or commenters on the trial. I infer therefore that somebody put an ugly bee in his bonnet, and now he has learned that it was false. And ugly. That's the thing about smear campaigns. A lot of people will believe there must be something to them, even when there isn't a wisp of truth to the smears. Google is the target of a smear campaign, without a doubt in my mind. And the funny part is the judge is saying that it didn't influence him at all. That makes me smile. "

"Apple has been on Microsoft's side for years; they share an enemy called Android."One common smear against Motorola is FRAND and Jones explains why it is nonsense: "There was a hearing in the 9th Circuit Court of Appeals on September 11th that centered on Microsoft and Motorola's dispute over Motorola's standards-essential patents that Microsoft uses but so far has refused to pay a penny for. And that gives us an opportunity to look a little more closely at what I have now decided to nickname the Microsoft Standards Patents Shell Game. Apple is holding hands with Microsoft and singing the same tune, as we noticed the other day."

The latest news says that Motorola won against Microsoft in Germany, marginalising Microsoft's attack over there.

Apple has been on Microsoft's side for years; they share an enemy called Android.

It is worth adding that Xamarin, especially after getting money from sources close to Microsoft, pollutes Android with proprietary Mono software. The idea is to make new apps dependent on Microsoft patent trap. Their business model goes like this: "Customers with update subscriptions can download MonoTouch and Mono for Android via their Xamarin Store accounts. Trial versions are also available, but apps created using these versions are limited to only running in emulators, not on actual hardware."

Android's last adoption barrier is patents, especially the patent attacks from Apple and Microsoft.

Recent Techrights' Posts

The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web
Gemini Links 01/04/2025: Games and More
Links for the day
 
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
Links 01/04/2025: Apple Fined $162M for Privacy Abuses, Disinformation Online a Growing Concern
Links for the day
Why We're Reporting Brett Wilson LLP for Apparently Misusing Their Licence to Protect American Microsofters Who Attack Women
For those who have not been keeping abreast
Newer Press Reports Confirm That Microsoft Shuts Down 'Hey Hi' (AI) Labs Despite All the Hype
The "hey hi" (AI) bubble is not sustainable
Links 01/04/2025: Mass Layoffs at Eidos and "Microsoft Pulls Back on Data Centers" (Demand Lacking); "Racist and Sexist" Slop From Microsoft
Links for the day
Stefano Maffulli and His Microsoft-Funded OSI Staff Are Killing the OSI and Killing "Open Source" (All for Money!)
This is far from over
Gemini Links 01/04/2025: XKCDpunk and worldclock.py
Links for the day
50 Years of Sabotage and a Gut Punch to Computer Science (and Science in General)
Will we get back to science-based computing rather than cult-like following?
Techrights Headlines as Semaphore
"If you are hearing this, thank you"
3 Months in 2025, 4 Waves of Mass Layoffs at Microsoft, Now Offices Shut Down Permanently
"A recent visit by the South China Morning Post confirmed that the office was dark, unoccupied, and had its logo removed."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 31, 2025
IRC logs for Monday, March 31, 2025
Links 31/03/2025: China Tensions, Bombs Falling in Myanmar After Earthquake
Links for the day
Gemini Links 31/03/2025: Falling Out of Love With Tech, Sunsetting openSNP
Links for the day
R.T.O. at IBM in Texas and Atlanta (State of Georgia) Expected as "Soft Layoffs" Catalyst This Coming Year
It also sounds like more IBM layoffs are in the making
Law Firms Can Also Lose Their Licence for Clearly Misusing It
The bottom line is, never made the false assumption that because you can pile up SLAPPs in a docket you will not suffer from bad reputation or even get disbarred
Link between institutional abuse, Swiss jurists, Debianism and FSFE
Reprinted with permission from Daniel Pocock
LLM Slop Piggybacking News About GNU/Linux and Distorting It
new examples
Links 31/03/2025: Press and Democracy Under Further Attacks in the US, Attitudes Towards Slop Sour
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: The OSI Does Not Respect Anybody's Privacy
The surveillance mafia that bans dissent or key people (even co-founders) with dissenting views
Gemini Links 31/03/2025: More X-Filesposting and Dreaming in Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 30, 2025
IRC logs for Sunday, March 30, 2025