Bonum Certa Men Certa

2013: When Apple Realised That Patents Just Don't Work

Apple will need to give up litigation

Give



Summary: Apple can't get its way with patents anymore, or barely at all

Apple's patents chief left after he had apparently advised Jobs and Cook to use patents offensively. That is rather telling. Right now Apple is losing a motion to block the best-selling Android device. Groklaw says "Magistrate Judge Paul Grewall has denied Apple's motion asking for leave to add Samsung's Galaxy S4 to Apple v. Samsung II. The presiding judge already ordered the parties to streamline the case and adding it would necessitate massive discovery. Also, he noted Samsung's argument that as a very new product, the financial data needed for litigation is not yet available."



Also from Groklaw we learn that the SCO case may soon be over again. SCO has no case, but it keeps trying to revive the FUD. On the list of least trusted companies, based on a new poll, Microsoft has many votes (39% of them) with SCO also being on the table, listed as more trustworthy than even Microsoft. Watch how Apple climbed so rapidly, nearly matching Microsoft, probably just because of its litigation strategy. What an utterly misguided and counterproductive move. Many people who are now against Apple actually used to support Apple. This includes Pamela Jones, who wrote the above Groklaw analyses. She even bought Apple products. Apple is the aggressor now, not just the target of litigation, as some sites try to paint it. To quote the summary:

Opinion: As long as there is patent law, Apple will be in courts.


Yes, well, but as an aggressor, not a victim. As long as there are software patents Apple can always find something silly to harass competitors with, especially weaker competitors like HTC. When it comes to companies with incentive to defend themselves, Apple won't get far, it will will just get distracted.

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