12.31.12

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EU Commission Gets It Wrong on Apple, ITC Continues to Serve Apple

Posted in Apple, GNU/Linux, Google, Patents at 4:57 am by Dr. Roy Schestowitz

Summary: Misguided or corruptible Western regulators fail to protect the real victim in patent wars (Android/Linux)

Apple and Microsoft, patent conspirators, pretend to be FRAND victims and this strategy seemingly works. Regulators in Europe are chasing the victims again, discrediting the Commission’s ability to assess the situation. Here is the gist of it:

Antitrust: Commission sends Statement of Objections to Samsung on potential misuse of mobile phone standard-essential patents

There are some reports about it too. It was actually Samsung that came under attack. How can a regulator not see the chronology here? Erik Josefsson shows yet more patent failure in Europe:

#swpats #genepats Greens/EFA M-CAM report #EPO “Questionable Outputs”. Thousands of EPO business method patents: http://icg.greens-efa.eu/pipermail/hub/attachments/20121228/57a1e0bd/attachment-0001.pdf …

Glyn Moody, a Brit, notes that Apple is now “patenting stuff for the sake of patenting,” based on the report “Apple patents a wind energy storage design”. Moody says it’s “bonkers”, but the purpose is to increase patent counts for the cartel and the imaginary value of one’s company, or perception of “innovation”. Here is new proof that Apple patents are junk:

Samsung has filed with the court a copy of the recent decision by the USPTO that Apple’s ’915 patent, the pinch to zoom patent used against Samsung, is invalidated…

The infamous “fake Steve Jobs” wrote the article “Another Apple Patent Gets Smacked Down, And Its ‘Thermonuclear War’ Becomes Even More Of A Farce”. An article by Joe Mullin, an excellent reporter on the subject of patents, says that this patent was crucial for Apple. Based on additional material from the trial [1, 2, 3, 4], things do not go well for Apple. While “ITC proves it’s out of control again,” as Glyn Moody put it in light of this news, the judge in Apple’s biggest anti-Android case prevents embargoes. Watch what the ITC does, as usual: “On Friday the ITC filed a redacted version of a remedy suggested by ITC Administrative Law Judge Thomas Pender, in which he recommended a ban be enforced against Samsung products that were found to infringe upon four Apple patents. The judge also recommended that Samsung post a bond for 88 percent of the value of its infringing mobile phones, as well as 32.5 percent of the value of infringing media players, and 37.6 percent of the value of infringing tablets.”

Well, Apple is still trying to block Samsung devices, even after this decision which we mentioned the other day. As one writer puts it:

In one of the most dramatic, controversial and written about court cases, judge Koh has denied Apple’s motion for an injunction against Samsung devices. According to Groklaw, the judge says Apple has failed to prove Samsung caused any irreparable harm to the iPhone maker.

Apple is out of control and it shows. Except for in countries like the United States, Apple loses its grip. It actively suppresses innovation too, as this one report reveals. To quote: “Edison Junior, the technology and design lab behind the POP portable power station, is returning the full $139,170 in funding it received from Kickstarter backers to develop the device. Unfortunately, Apple has refused to give the project permission to license the Lightning charger in a device that includes multiple charging options.”

Apple is now relying not just on lawsuits but also some other protectionist instruments, including regulators. Apple has become a company of losers. All they do is whine and brag. It follows Microsoft footsteps in the sense that lobbying and patent extortion/lawsuits are the strategy. Microsoft started this in 2006 when it signed the Novell deal, resulting in protests such as Boycott Novell. Now it’s time to boycott Apple and encourage others to do the same.

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