Bonum Certa Men Certa

Android/Google Under Patent Attacks, Calls for Other Companies to Stop the Patent Litigation Frenzy

Some proprietary software giants are ganging up against Android/Linux

Soldiers



Summary: Some news of interest about patents and lawsuits that target Google and Android in particular

The patent war on Linux/Android, by far the leader of the mobile pack, is led by a bunch of proprietary software giants, one of which is Apple. Here is some interesting news that we overlooked earlier this month:





In other news, Microsoft too keeps up the pressure. Here is a report about it:

With that in mind, now take a look at the arguments Microsoft raises to try to rob Motorola of a jury trial. This litigation began as two cases. Microsoft started it by filing a breach of contract case in Seattle, this very one, #1823 [PDF], alleging that Motorola was breaching its contractual FRAND obligations by asking for too much for its patents. Then Motorola filed a defensive patent infringement action in Wisconsin, asking for a jury trial, and Microsoft answered with counterclaims that pretty much matched its breach of contract claims in Seattle. Then the two cases got consolidated. It's actually a bit more complicated, but that's the important part.

It wasn't Motorola that wanted to consolidate in Seattle. It filed in Wisconsin after Microsoft filed in Seattle, so it was hoping against hope not to end up with everything being decided there. Nobody wants to go against Microsoft in its own backyard, I think we may assume. And watching this case unfold, I think you can see why. You can read the judge's history of how it all happened in this order, #66 [PDF], which issued on May 31, 2011. In it, the judge notes that when Microsoft filed its answer to Motorola's patent infringement claims, it filed more or less the same breach of contract issues as in its own contract case, and that's why the judge in Wisconsin pushed them together into one case. And there they are.

Somewhere in that process of consolidation, Microsoft seems to think it has caught Motorola having dropped a stitch with respect to asking for a jury trial. Motorola wants a jury trial, and Microsoft doesn't and Microsoft thinks it's found a way to say it's too late to ask for it now.



Google, in response to some of these dubious lawsuits, encourages companies to take action:

Google encourages companies to work together on patent licensing to stop patent trolls



Google has recently been taking a hard line on the US patent system, claiming that it over-rewards the work of coming up with an idea while taxing those who do the work of actually implementing it. The company also takes issue with excessive patent litigation from so-called "patent trolls," and now Google is encouraging companies to work together to cross-license patents to help cut down on frivolous lawsuits. On a new site that Google launched today, the company outlines four different, royalty-free patent licensing agreements that it believes will help protect participants from patent trolls.


The royalty-free patent licensing, or elimination of patents, is imperative for the freedom of Free/libre software.

Here is evidence of Google's hypocrisy when it comes to patents and here is a new article from Glyn Moody, who says that Microsoft is arming in alarming ways:

If Microsoft Shuts Down Google Maps In Germany, How Does That Benefit The Public?



[...]

As the claims make clear, it's exactly what any half-way competent engineer would come up with given the task of providing certain kinds of information local to a geographical location. Moreover, it is of course implemented in software; given that Article 52 of the European Patent Convention explicitly excludes "programs for computers" from patentability, the fact that the EPO granted a patent here is an early example of how it circumvented that exclusion because a computer was used to run that software (well, doh.)


This is an example of rogue elements in the patent system.

Joe Mullin, a patent trolls expert, highlights this lawsuit over GUI, i.e. a software patent or design.

A patent appeals court has revived (PDF) one of the nation's most controversial patent lawsuits—one that looked to be over in January 2012. Originally filed in 2007, Move, Inc. v. Real Estate Alliance Ltd. involves a patent that has become infamous in real estate circles: US Patent No. 5,032,989, issued to Mark Tornetta back in 1991. Tornetta and his lawyers say the patent covers just about any use of a real estate map online that has a "graphical interface" and "drill-down features." Since online maps are ubiquitous in the real estate market, Tornetta and his lawyers believe they're owed money by just about every real estate agent or service in the nation. "It is a very broad-based patent," said Louis Solomon, the attorney representing Tornetta. "We are seeking reasonable royalties that conservatively run into the hundreds of millions, plus interest. Given that the Federal Circuit has significantly expanded the liable parties, the damages will go up significantly." Litigation involving the '989 patent began back in 1998 when inventor Mark Tornetta sued Microsoft, which at that time owned HomeAdvisor. Tornetta sued MapQuest that same year. Ultimately, he had to drop both lawsuits because he didn't have the money to see the cases through.


Here is some new commentary about GUI patents in relation to Apple and Samsung:

The recent Apple v. Samsung litigation has consumed the media since August when a California Jury awarded Apple more than $1 billion for infringement. Of the three design patents involved in that judgment, one was for a graphical user interface (GUI). This landmark case is the first time that a U.S. court has considered infringement of a GUI design patent and may be just the tip of the iceberg beginning to emerge within the design patent landscape.


We are living in a time when everything from design to code -- which copyrights already cover -- are monopolised as concepts, not implementation. Google is rightly worried about it because everyone seems to be aiming at Android. Since Android is an Open Source project (whose head, Mr. Rubin, has just stopped down), it is not compatible with patents. The cartel of proprietary software companies is aware of it, hence the clear strategy that seeks to exploit FRAND and simply tax everything Android. It's a case of patent stacking and it's a collusion that should be ruled illegal. More people should speak out about it.

Recent Techrights' Posts

So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
 
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026