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

Brett Wilson LLP Sent Over 5 Kilograms (or Over 12 Pounds) of Legal Papers! Because Writing About Microsoft Abuses is 'Illegal'.
How do you guys sleep at night? On a big pile of Microsoft money?
Extremism as a Weapon Against GNU/Linux (Microsoft Lunduke)
He ought to know the Halloween Documents. Wasn't he a Microsoft employee when these came out?
 
Links 09/07/2025: "Subprime AI Crisis" and "OpenAI May Be in Major Trouble Financially"
Links for the day
Huge Piles of Legal Papers ('Paper DDoS') Do Not Impress Judges and Regulators
they just make judges and regulators even more suspicious of the eagerness to resort to 'paper DDoS'
Lunduke Isn't Even Hiding His Anti-Linux Agenda (From "Linux Sucks" to "Linux is Pedophiles")
just trying to make a lot of trouble
Some People Use Computers to Get Actual Work Done
Tolerance and inclusion must extend to acceptance that some people don't agree with you, might never agree with you, and imposing what allegedly works for you on them is unreasonable
Example of "Old" Things That Still Work
The notion that something being "old" implies it must be discarded is typically advanced by those looking to sell more of something
Some Scheduled Maintenance Later Today
Typically the most vulnerable service during short interruptions is IRC
Computers Are Just a Tool
People don't get married because they love weddings, folks don't join the army because they love war, and most drivers don't drive to work because they love cars
Apple Way Past Its Prime
Apple deserves a decline
The FSF's SysOps Team Recovered From Serious Hardware Issue Within Hours
About half a day ago I noticed that all/most GNU/FSF sites were not reachable and thus reached out to a contact for any details
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 08, 2025
IRC logs for Tuesday, July 08, 2025
Slopwatch: Turning Bugs Into FUD About "Linux", Getting Basic Facts Wrong
all the screenshots are of fake articles; we don't want to link to any
Technical Reasons, Not Politics: With Wayland "it feels a lot like Linux from 20-25 years ago, which is horrendously frustrating, because it feels like we wasted one or two decades of progress and stability"
Lately, quite a few benchmarks were published to show Wayland compares poorly compared to what we had
PCLinuxOS Recovering From Fire
It looks like a nightmare scenario, where even backups onsite get destroyed
Links 09/07/2025: More Heatwaves, Officials Culled in Russia
Links for the day
Gemini Links 09/07/2025: XScreensaver and Resurrection
Links for the day
Links 08/07/2025: "Cyberattack Deals Blow to Russian Firmware" and "Cash Remains King"
Links for the day
FSF40 T-shirt message
by Alex Oliva
Gemini Links 08/07/2025: Creativity, Gotify with NUT Server, and Sudo Bugs
Links for the day
More on "Lunduke is Actually Sending His Audience to Attack People"
"pepe the frogs"
Links 08/07/2025: Sabotage of Networking Infrastructure, Microsoft XBox Game Pass Deemed “Unsustainable”
Links for the day
Dalai Lama Succession as Evidence That Determined, Motivated People Can Reach Their Nineties
And we need to quit talking about their death all the time
Many Lawyers (for Microsoft) and 1,316 Pages to Pick on a Litigant in Person Who Exposed Serious Microsoft Abuses
Answers must be given
Gemini Links 08/07/2025: Ancillary Justice and Small Web July
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 07, 2025
IRC logs for Monday, July 07, 2025
Layoffs and Shutdowns at IBM, Not Just Microsoft
Same as Microsoft
The FSF's (Free Software Foundation, Inc.) 2025 Summer Fundraiser Already Past Halfway Line
This is where GNU/Linux actually started
With Workers Back From a Holiday Weekend, Microsoft Layoffs Carry on, More Waves to Come
Now it's Monday and people are bad to work, even some journalists
Mozilla Had No Good Reason to Outsource Firefox Development to Microsoft
What does Mozilla plan to do when GitHub shuts down?
Mozilla Firefox Did Not Die, It Got Killed
To me it'll always look like Mozilla got killed by its sponsors, especially Google, which had a conflict of interest as a sponsor
You Need Not Wave a Rainbow Flag This Month to Basically Oppose Arseholes Looking to Disrupt and Divide the Community
Don't fall for it
Dan Neidle, Whom Brett Wilson LLP SLAPPed (on Behalf of Corrupt Rich Tax Evaders), Still Fighting the Good Fight
Neidle fights for the poor people
What Miguel de Icaza and Microsoft Lunduke Have in Common
Similar aims, different methods
Wayland Should Start by Dumping Its Very Ugly Logo
Wayland wins the "ugliest logo" award every year
Stop Focusing on Hair Colours, Focus on Corporate Agenda
If someone commits a crime, it does not matter if his or her hair was mostly white or there was no hair or a wig or whatever
Links 07/07/2025: Science, Conflicts, and a Fictional K-pop Group
Links for the day
Gemini Links 07/07/2025: Being a Luddite and Announcement of Gotify
Links for the day
Links 07/07/2025: XBox Effectively 'Dead', DMCA Subpoena Versus Registrar
Links for the day
The 'Corporate Neckbeard' is Not the "Good Guy"
Works for IBM
The Nasty Smear (and Stereotype) of "Neckbeard" or "Greybeard" is Ageism
This is the sort of stuff they might try to volley at critics of Wayland
Why Many of Us Use X Server and Will Continue to Use It For Many Years to Come
Don't make this about politics
Microsoft's Nat Friedman Became Unemployed the Same Time the SLAPPs Against Techrights Started Coming From His Friends (Weeks After We Had Exposed Scandals About Him and the Serial Strangler, His Best Friend, Who Got Arrested a Few Days Later)
Nat Friedman is not "Investor, entrepreneur"
Brett Wilson LLP Uses Threats to Demand Changes to Pages or Removal of Pages Without Even Revealing Which Staff Member Does That (Sometimes People From Another Firm!)
This has been in the public for years
Dan Neidle Said "It Really Then Became a Job of Tormenting" Lawyers Like Brett Wilson LLP (Who Threatened Him for Exposing Crimes, Just Like They Threatened My Wife a Few Months Later)
he and his wife decided to take on the evil people and their evil lawyers
Large Language Models (LLMs) Externalise Their Cost to the Free Software Foundation (FSF)
"The forty-sixth Free Software Bulletin is now available online!"
Weeding Out Extremism in Our Community
To me it seems like Microsoft Lunduke is rapidly becoming like a "hate preacher" who operates online, breeding an extremist ideology or trying to soften its image
Censorship Versus Fact-Checking and Quality Control
It's not censorship but a matter of quality control
Reinforcing the Allegations Some More, Bryan Lunduke Digs His Own Grave
In his latest episodes he merely repeats his own lies, which I debunked using evidence right from his own mouth
Global Warming and Free Software as a Force of Mitigation
we'll need to think about Software Freedom, not just brands like "Linux"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 06, 2025
IRC logs for Sunday, July 06, 2025
Gemini Links 07/07/2025: BaseLibre Numerical System and TUI Rant
Links for the day