Bonum Certa Men Certa

Apple in Patent Race Against Google, Not Just Android Backers

Round corners? Don't even think about it, it's patented now!

Samsung Galaxy S2



Summary: More litigation from iPhone and iPad backer, seeking to disturb the competition rather than innovate

Apple has got a patent on rounded rectangles from the USPTO, leading to all sorts of negative coverage about the company. We'll give this as an example:



SIGH. After years of speculation, the US Patent and Trademark Office on Wednesday actually issued a design patent to Apple for rectangular devices with rounded corners.

It seems that Samsung's worst nightmare has come true, as the patent, D670,286 covers a "portable display device" and literally appears to give Apple the rights to a rectangle with rounded corners. In basic terms, this means Apple pretty much now owns the rights to the rectangle in the US.


Apple has even more malicious patents -- ones that seek a monopoly on devices that suppress their users. What was the USPTO thinking? Well, it does not think, it's not a person, it's just a corruptible institution for protectionism (mostly for US-based firms), where patents are granted on far too many things. Consider the example from the other day -- a lawsuit by CA Technologies. Here are some more details and patent numbers:

CA Technologies, the former Computer Associates, has thrown a patent sueball at application performance management (APM) software rival New Relic in Federal court.

The lawsuit, filed yesterday in the US District Court for the Eastern District in New York, claims that New Relic violated three patents that came into CA's possession through acquisitions. As you can see in the complaint (PDF), CA is alleging that New Relic's software violates patent numbers 7,225,361 B2; 7,512,935 B1; and 7,797,580 B2.


These are software patents. Apple tried introducing them through FRAND [1, 2], as does Microsoft, which lobbies for that heavily. Pamela Jones has the latest on that:

The parties in Microsoft v. Motorola have filed their trial briefs, albeit in redacted form. Keep in mind that a trial brief means what the party thinks is at issue and what its position is going into trial. Neither side has proven anything yet. That's what the trial if for. But it does give us a clear picture of where each side sees its position at this point. Microsoft's main argument is that FRAND licenses should be priced similarly to patent pool licenses, like MPEG LA's. A novel idea. But this is their position, maybe because it's how it would like it to be, even though it has never been so before. It shows that Apple and Microsoft are a bit newer to FRAND than Samsung and Motorola, and they don't like how it's always been, because it will cost them, and they want Android to lie down and die.


Apple tried such an attack on Motorola, but it lost the case. Apple deserved this. "Apple engineers 'pay no attention to anyone's patents', court told" and the hypocrisy from Apple simply shows arrogance:

Displaying its arrogance, once again, Apple stated that they would not be bound by the court order if the court sets the price of FRAND licenses be more than $1. (read detailed coverage on Groklaw)

Bad news for Apple is that judge Barbara B. Crabb has dismissed the case with prejudice which means there won't be any refiling of the case. Only way out for Apple is to go for an appeal.


Apple keeps losing market share and inertia, so this loss really is serious news. Appeal or no appeal, Apple is losing time and getting too distracted. Apple could make better products rather than apply for more and more patents (which takes up time).

Comments

Recent Techrights' Posts

In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
 
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024
Debian History Harassment & Abuse culture evolution
Reprinted with permission from Daniel Pocock
Microsoft Windows Down to 23% in Spain
the rate of change is noteworthy
[Meme] It Is Not About Empowerment, It's About Optics for Bigots and Businessmen
Truth hurts
Truth is Always Truth
Desperate efforts to suppress the truth resulted in even worse chaos and some people are going to pay for it
Android Surges to New Highs in Georgia, Windows Plunges to 30% (It Was 99% in 2012)
Until 2012 almost all Web requests there came from Windows
Another Casualty of the 'GAI' Ponzi Scheme: Most of the News Cycle and News Sites
accelerated death of journalism
Empowering Predators Who Fancy Exercising Control Over Women (Using Corporate Money)
Remember this when Google talks about diversity, women etc.
GNU/Linux Continues Its Rapid Growth in July, Today We Look at Belgium
Again, a word of caution: statCounter isn't a perfect yardstick
Links 14/07/2024: Goldman Sachs Says 'Advanced' or 'Generative' Hey Hi (AI) is Just Hype, Thoughts on Negatives
Links for the day
GNOME Foundation Welcomes Dolly
It didn't work out with Molly and Holly
Links 14/07/2024: Perils for AI PC Hype Train, Further Attacks on Freedom of the Press
Links for the day
A Response to Bill Maher's Senseless Attacks on Julian Assange and Wikileaks
published a few hours ago
The List of Sites or Sources for Linux News is Getting Shorter Over Time (Despite GNU and Linux Steadily Growing in Usage)
A lack of publishing begets lack of educated, informed population (a return to Dark Ages where rulers leverage mass ignorance)
The Number of Web Servers Has Gone Down
Cloud fatigue deux?
[Meme] GNOME Foundation's Relationship With Women
Lots more coming soon, so stay tuned
The Smugness of "I'm a Journalist"
Attacking women for expressing their opinions (for example, about the abuse they received) isn't unprecedented
It Takes No Courage to Become Another Corporate Stooge
transition to spam
Why Techrights Has Just Programmatically Blacklisted ZDNet
Even their "Linux" writers are AWOL
Gemini Links 14/07/2024: The Stress of 24/7 Notifications and FOSS tools for Sipeed Tang Nano 1K
Links for the day
Windows Already Down to 10% in Lao (It was 96% a Decade and a Half Ago), Vista 11 Adoption Has Stalled
And GNU/Linux is topping a 1-year high in Loa
IRC Proceedings: Saturday, July 13, 2024
IRC logs for Saturday, July 13, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 13/07/2024: Patent Trolls in UK Court of Appeal, Eric Schmidt Continues so Show Womanising at Google
Links for the day
Links 13/07/2024: Not Quite Dead Yet After All and Unfederated E-mail
Links for the day
Holly Million, GNOME Foundation departure after Albanian whistleblower revelations
Reprinted with permission from Daniel Pocock
Julian Assange’s Brother Gabriel Shipton Explains the Logistics of 'Smuggling' Julian Out of the United Kingdom
a lot of new information and prison stories
[Meme] Like They Got Rid of Molly (and Now Holly)
Pay over 100,000 dollars a year for someone without any background in tech (to "lead" a tech project)
Microsoft Windows Falls to Almost 10% in Palestine (It Was Measured at 100% Just 15 Years Ago)
quite a big drop
Guardianship of the Licence is Not Enough (the Case of Systemd and Microsoft)
Whether the GPL gets enforced or not, if people adopt lousy software, that will have negative consequences
Speaking Out and Spreading the Message of GNU
Free Software Foundation (FSF) got 112 new members since 2.5 weeks ago
[Video] Why Wikileaks Publishing War-Related Documents Was Both Important and Justified
It's important to remember the principle which says privacy is for the powerless, whereas the powerful (like those with the power to kill) deserve not privacy but transparency
3.5 Years in Gemini
It's important to speak about and spread the word (about software freedom, BSD, GNU/Linux, patents etc.) in a medium that's strategic and growing
[Meme] Whoever in GNOME Decided to Attack the G (GNU), It Was a Foolish Miscalculation
How could they expect any outcome other than GNOME's own collapse?
Windows Down to Unprecedented Low in Czech Republic, Android Rises to New Record
From 98% in July 2009 (15 years ago) Windows is down to all-time low of 38% and well below Android
GNOME Foundation Lost Nearly a Million Dollars in 2 Years, IBM and GAFAM Won't Bail It Out Anymore
Seems like a suicide mission
Google News Has Become a Big Pile of Garbage
The issue predates chatbots, but these SEO tricks were accelerated somewhat by slop
OpenAI and ChatGPT Could Very Well Collapse and Shut Down Later This Year (Huge Losses, Sagging Usage Levels, and Massive Debt)
we illuminate the suppressed observations that Microsoft-sponsored publishers and cheaply-made slop (LLM spew disguised as "news") try to distract from
[Meme] Attacking the "G" in GNOME (Since 2009) Was a Mistake
Spending 50,000 pounds to sue women of racial minority
Difficult Times in GNOME Foundation
GNOME Foundation is in "crisis management" or "face-saving" or "damage control" mode
Links 13/07/2024: TikTok Interferences, YouTube Throttled in Russia
Links for the day
Kathy Lette on Julian Assange Staying at Her Attic, Why His Release Matters So Much, and Jen Robinson Staying Over Yesterday
They talk a lot about politics, but the segment mentions publishers, including Rushdie
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 12, 2024
IRC logs for Friday, July 12, 2024
Microsoft Windows Down to a New Low in Canada (Only a Third)
Very steep decline a decade ago