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

Karen Melchior Fought the Good Fight
stay tuned for Part 29
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
 
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026
Misleading Coverage in Slashdot Promotes and Openwashes Slop
Piggybacking RMS for the headline seems like a PR stunt of sorts
As Envisioned, a Rebellion and Many Whistleblowers at Microsoft
Whistleblowers ensure Microsoft has totally lost control of the "narrative" (face-saving PR)
Microsoft is a Right-Wing Company
Just remember that when people call Microsoft "woke"
GNU/Linux "Market Share" Rises to About a Quarter in Sudan
Can anyone explain to us why?
Gemini Links 19/07/2026: Visiting Ethiopia, Two Dreams, and Price of Skinnerboxes
Links for the day
Tears in IBM, Company Falls Apart While Management Fakes "Performance" to Take Bonuses
Wall Street is a naked emperor
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day