Bonum Certa Men Certa

Groklaw Says Apple Cannot Sue Over Android as a Whole, Reuters Disagrees

Thorny Apple

Thorn



Summary: Updates on FRAND fight and other patent fights against Android

A COUPLE of Groklaw reporters attend a Linux/Android trial which has been stacked with lots of Microsoft boosters, including Janet Tu from a Bill Gates-funded newspaper. Some of the latest coverage from Groklaw [1, 2] is unlikely to have the same reach as that of newspapers. As Pamela Jones put it: "Our reporters were in the courtroom again Friday at the Microsoft v. Motorola trial in US District Court in Seattle, trying to figure out what Microsoft should pay Motorola for its FRAND patents. "

Why was Seattle chosen? It's a biased court setting. It's like those Apple cases that take place near Apple's headquarters, e.g. this case. If the legal system is designed to be objective and to avoid popular bias, then why are trolls allowed to pull defendants to Texas while Apple and Microsoft file for aggressive action in their home turf? This leads to systemic trial misconduct.



Jones continues to cover the Microsoft and Apple cases against Android. It is about FRAND, also known as flat rate patent tax. Here is somewhat of an overview:



We had two reporters in the courtroom today once again at the Microsoft v. Motorola FRAND trial in Seattle. Their coverage is demonstrating, to me anyway, that the last place in the world you can determine a proper royalty for a standard-essential patent is in a courtroom. I don't know which is worse, whoever came up with this bizarre FRAND legal strategy for Microsoft and Apple or the companies for following it. And I do see the wisdom of the two judges who threw out Apple's FRAND claims, Judge Richard Posner in Illinois and Judge Barbara Crabb in Wisconsin. Judge Crabb has just filed an order explaining the dismissal, so after I show you our reports from the trial in Seattle, I'll show it to you as text. Maybe this Seattle judge, Hon. James Robart, should read it, because Microsoft's claims are very similar to Apple's.

It is looking like this trial will be still going on next week, probably until Tuesday. So we need someone to step forward and volunteer to cover for us Monday and Tuesday, if possible, as neither of our reporters will be able to attend. One of them took vacation days to cover this week. Please email me if you can go as Groklaw's eyes and ears. And I know you join me is thanking our volunteers for helping us to know for sure what was really going on in that courtroom this week.



The pro-patents Bloomberg says:

Apple Inc. (AAPL) and Google Inc. (GOOG)’s Motorola Mobility unit are talking about a way to resolve part of their dispute over patents related to critical smartphone technology, according to a court filing.


There are better reports on the subject, but Jones has another update from her site where it is said that Apple cannot extend the scope of litigation as much as it hoped:

Apple Can't Add Jelly Bean to Apple v. Samsung 2 Trial, only Galaxy Nexus ~pj



The Magistrate Judge in Apple v. Samsung 2, the litigation still in the early pre-trial phase in California District Court, has ruled [PDF] on the parties' motions to add products to the case.

Samsung's motion to add iPhone 5 was granted. Apple's motion [PDF] was partly granted and partly denied. It can add the Samsung Galaxy Note 10.1, the Samsung S III, and the Galaxy Nexus, which runs Android Jelly Bean. Apple cannot add Android Jelly Bean itself. That's a huge block of what I'd call a sneaky move on Apple's part, one that did not get past this judge.



Groklaw cites this report which actually seems to contradict the claims above:

A U.S. judge allowed Samsung Electronics Co Ltd to pursue claims the iPhone5 infringes its patents on Thursday, while also allowing Apple Inc to add claims that the Samsung Galaxy Note, Galaxy S III and the Jelly Bean operating system violate its patents.


We wrote about it last week. So who is right? The press or Pamela Jones? This is important because if Apple can sue Android as a whole -- irrespective of distributor -- there will be serious implications (we will cover those in a separate post). Muktware agrees with what Jones said:

Apple had filed a motion to add more products to its current lawsuits, so did Samsung. Apple wanted to sneak the entire Android 4.1 Jelly Bean in the court case. If the court allowed this addition every single device running Android Jelly Bean, whether or not it was made by Samsung would be affected by the outcome of the case.


For those who wish to see what ridiculous software patents Apple is gaining, watch some news [1, 2] about Apple's new page turn animation patent and Mike Masnick's response to it:

While design patents are a slightly different than other patents, it really is patents like this that get the public to respect the patent system less and less.


Apple too gets the public's respect less and less. The decreasing share speaks for itself.

Both Microsoft and Apple are being eaten away by Linux, little by little; that's why Microsoft and Apple conspired to harm Android and Linux. Antitrust complaints are needed!

Recent Techrights' Posts

Why We Support Richard Stallman and You Probably Should Too
It's not about being "Richard Stallman fan", it is about maintaining the right to hold positions (on technology) like his
Some Large German Media Covers Richard Stallman's Talks in Germany Earlier This Week
LLM-based chatbots are just "bullshit generators" (as he has long called them)
Trouble in Red Hat/IBM and a Retreat to Ponzi Economics in Search of Wall Street Market Heist
Would you invest your life savings in this kind of crap?
Who Asked Software in the Public Interest (SPI) for a Refund? ($100,000, Resulting in Losses of $267,201 in 12 Months, Highest-Ever Losses)
The IRS does not reveal who or what's tied to this refund (or the cause/reason)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 23, 2025
IRC logs for Thursday, October 23, 2025
More Clues Shed on Collapse of Microsoft XBox
XBox is basically circling down the drain as Microsoft implements 2-3 waves of layoffs each month
'Vibe Coding' Doesn't Work
In a lot of ways, so-called 'Vibe Coding' is already considered vapourware or a passing fad promoted in the media by managers who try to justify mass layoffs, especially ridding companies of "very expensive" software engineers
Links 24/10/2025: Microsoft's Killing of XBox Connected to Revenue/Profit Problems, "How Elon Musk Ruined Twitter"
Links for the day
Gemini Links 24/10/2025: 86,400 Seconds and "Society's Task"
Links for the day
Slopwatch: Google News and Slopfarms That Relay Nonsense From LLMs
Google News, which once prioritised or used to care about provenance and quality, is feeding slopfarms
Links 23/10/2025: More Health Concerns Over Dumb Chatbots (LLMs) and "Talking Cars" as Latest Buzz
Links for the day
Gemini Links 23/10/2025: Daylight Savings Time and Duration Shorthand
Links for the day
Links 23/10/2025: LLM 'Hallucinations' (Defects) in Practical Code 'Generation', China Becomes More Economically and Technologically Independent
Links for the day
Linux Foundation Uses LLM Slop to Promote Microsoft in Linux.com (Again), Rendering It a Linux-Hostile Slopfarm
Openwashing with slop by "Linux.com Editorial Staff", which basically seems to be a bot
Links 23/10/2025: Windows TCO Galore and "The Internet Is Going to Break Again"
Links for the day
Social engineering attack: Debian voted to trick you on binary blobs
Reprinted with permission from Daniel Pocock
Techrights Will Always Stand for Women's Rights
We even invest money - personal savings that it - in our principles
Certified Lawyers Should Know Better (Than to Intimidate Us With Man Who Drives on Motorcycle Through a Really Bad Storm Between Distant Cities, Then Collects Photos of Our Home)
Mentioning someone was in prison for bad things isn't a crime, it's a public service
The "AI" (Slop) Bubble is Already Imploding
"ChatGPT Usage Has Peaked and Is Now Declining, New Data Finds"
The So-called "Sexy" Buckets (AI, Quantum) Cannot Save IBM From Reality, Shares Tank
"No matter how much financial hocus-pocus they use to reclassify revenues to land in the "sexy" buckets (AI, Quantum), it still smells old and musty - just like this company."
Paul Krugman is Wrong About the Scope of Mass Layoffs in the United States
A few years ago society was accelerating its journey towards feudalism, boosted by COVID-19
Links 23/10/2025: Proprietary Blunders and CISA's Latest Disclosure of Holes
Links for the day
Gemini Links 23/10/2025: Fast Past (F1), 99.9% Uptime
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 22, 2025
IRC logs for Wednesday, October 22, 2025
Slopwatch: Google News is Promoting Fake 'Articles' About Fake Xubuntu, Fake Articles About Replacing Windows With GNU/Linux
The quality of the Web deteriorates and unless someone cleans up the mess, real sites will lose an incentive to produce anything
When "AI Layoffs" Mean Layoffs Due to the "AI" Bubble Popping
many people that are laid off by Microsoft claim to be specialists in "AI"
Mysterious grant forfeited, $100,000 from Software in the Public Interest accounts 2023
Reprinted with permission from Daniel Pocock
Evidence: bullying, student union behaviour: Armijn Hemel's FSFE resignation
Reprinted with permission from Daniel Pocock
Evidence: psychological abuse, stalking, Galia Mancheva, Susanne Eiswirt ignored by FSFE judgment for Matthias Kirschner
Reprinted with permission from Daniel Pocock
Helping FSFE scam victims and conference organisers
Reprinted with permission from Daniel Pocock
Nigerian fraud in FSFE constitution
Reprinted with permission from Daniel Pocock
Worrying and Amusing Stories of "Clown Computing" Gone Awry
Many of these disasters could be avoided
Links 22/10/2025: Amazon Plans to Replace Workers With Robotics, AWS and Clown Computing in General Ridiculed
Links for the day
Gemini Links 22/10/2025: Niri Completely Changes Multitasking and Overview of Diff-ers
Links for the day
Links 22/10/2025: Study on Misinformation by Slop and Heavily Debt-Sabbled Microsoft OpenAI (ClosedSlop) Uses "Browser" as Gimmick/Distraction
Links for the day
They've Already Spent Close to a Million Dollars on Lawyers and Sent Us About 50 KG of Legal Papers (Sponsored by Mysterious Third Party) to Try to Censor Techrights, Without Success
They try to overcompensate with sheer volume for a lack of solid, clear arguments (we are the victims here)
12 Months Ago the 'Hulk Hogan of UEFI' Officially Went 'Tag-Team'
We're actually sort of flattered or proud that such despicable people are so desperate to censor us
"Cloud Computing" Was Always a Joke, But This Week Was the Punchline
Maybe stop following tech trends and fashions
"Cloud Computing" Does Not Mean Safety
Fault tolerance is related to the notion of software freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 21, 2025
IRC logs for Tuesday, October 21, 2025
The Fall of Windows: From Something to Nothing
Of course Microsoft will pretend everything is fine and "just trust the hey hi" (AI)