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

Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
 
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026