Bonum Certa Men Certa

Misconduct in Apple Litigation Against Android Discredits Patents, Courts

William Sydney Porter, who coined the phrase "banana republic"

William Sydney Porter



Summary: The ugly details about a pro-Apple verdict and some related news about a decaying system controlled by multi-national corporations

Articles about misconduct in Apple's trial against Android say that "Samsung Seeks New Trial, Accuses Foreman Hogan Of Implied Bias" and "Samsung claims foreman lied about his past to get on Apple v. Samsung jury". Jury of cultists?



"This is what happens when litigation becomes a business strategy."Groklaw, an in-depth research site, looks closer at "More Unredacted Documents... Re Foreman, "Proof" of "Copying" That Isn't" and this seems likely to become horrible PR for Apple and for the legal system. Jones writes: "The judge in the Apple v. Samsung case ordered more documents unsealed and unredacted, and so there is another mountain of filings that previously were redacted and are now publicly available in full. When you see "Filing is Sealed" on them, you can ignore it. It's no longer the case. And while many of the new filings are dated as filed this month, if they say "Unredacted", they are actually older documents now being refiled in an unredacted state, so a lot of the discovery arguments you'll see on the list are already ruled on. We also learn some new details about the foreman from his bankruptcy that raise additional questions in my mind.

"As for what's new, the parties are, as usual, going at each other in every possible way in every nook and cranny of the post-trial motions. Samsung points out that the judge told the parties to restrict their filings regarding a permanent injunction and enhanced damages to 30 pages. Apple instead helped itself to extra pages, Samsung says, by attaching a gazillion exhibits and declarations. The motion for enhancements was filed under seal originally, but you can read the public version [PDF], and if you go to this page, you'll see for yourself all the exhibits attached to docket number 1982 and the declarations in support that follow, numbered from 1983, which has more exhibits, to number 1986. Samsung has a point. And so Samsung wants some portions of the declarations cut, and it presents a list of proposed cuts, also asking for expedited briefing."

Apple is meanwhile getting more software patents and getting sued for violating some [1, 2, 3]. This sort of hypocrisy was covered here before.

This is what happens when litigation becomes a business strategy.

"Sony has many patents, so going to patent war against it would not be wise."Andy Oram, a proponent of software patents (but whose opinion might be changing on this), spoke to Keith Bergelt, who then says that "OIN has spent millions of dollars to purchase patents that uniquely enable Linux and open source and have helped free software vendors and developers understand and prepare to defend against lawsuits."

This is not the solution. It might be fine for giants like Sony, but what about SMBs? To quote Reuters, "Sony Mobile, which uses Google Android software for its smartphones, has not seen much impact from patent problems of the software platform."

Sony has many patents, so going to patent war against it would not be wise.

Google is patenting software as well. Bad stuff, but business as usual in the US. Software patents are granted there without shame [1, 2, 3, 4, 5]. It's a bragging right. Newspapers treat it like a national sport as if monopolies are trophies. Never mind if it is a monopoly on ways to save lives.

Michael J. Miller says that "Software Patents Mean More Litigation, Less Innovation" (in IDG and also in other networks) and disdain of the patent system as a whole becomes very publishable (we omit many such articles that criticise the patent system because of Apple alone).

The legal system as a whole suffers a PR crisis after juror misconduct in the case against Android. Let's not forget this other important case: "I suppose that "any and all other orders and rulings adverse to Oracle" language might be an umbrella intended to include the denial of its JMOL motion, actuallly, now that I'm reading the wording carefully. But what they really care about is getting a ruling that Java APIs are copyrightable, including "structure, sequence, and organization of the accused 37 Java API packages". That was their claim against Google, that it infringed those interfaces. Here's the order Oracle didn't like on that point (Docket No. 1211).

"Appeals matter, as you can see.

"The legal system as a whole suffers a PR crisis after juror misconduct in the case against Android.""I hope you also see why politicians are currently trying their best to stack the courts with judges who see things their way. People who want to win no matter how, and who believe in might-makes-right, view it as a great solution. But I hope you see why it is so important to keep politics out of the courts. What is the point of having a judicial system where you get rubber-stamped, political results, rather than results based on the facts of your case? It makes a mockery of the concept of blind justice, not to mention Constitutional principles, meaning not looking at who the parties are but just evenly treating all comers, based on the law and the facts."

See? Even a legal site like Groklaw is fed up. Professor Larry Lessig recently gave a major speech about how the occupation of lawyers became tied up to corporate interests (working for companies) rather than people. It's a systemic corruption. He too calls it "corruption". As apocalyptic as it may sound, perhaps the best chance for elimination of software patents in the US is a serious collapse of the whole system.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day