Bonum Certa Men Certa

Microsoft Florian Deceives on Anti-Android Case Which is Being Derailed

A handshake



Summary: The largest patent case against Android (bar Oracle) is facing a setback as the judge orders Apple to undo an NDA, contrary to FUD from mobbyists

After some wrong speculations (FUD) about the HTC settlement with Apple we learn about Samsung's attempt to look at the settlement:





There's a hearing suddenly called by the magistrate judge, Hon. Paul Grewal, in the Apple v Samsung post-verdict trial. It's about unsealing the Apple/HTC license agreement mostly -- here's Apple's response [PDF] to that motion -- but there are other requests to seal various filings and some disputes about things already filed as well. Samsung wants to do more depositions and more briefing in regard to Apple's motion for a judgment as a matter of law, for example. The hearing is set for noon today, and the lawyers can do it by phone. So it's likely going on right now as we speak.

Part of the reason for the hearing, aside from a speedier resolution, is that there is some question about why there is a motion to unseal the HTC agreement.


The liar for hire, Microsoft Florian, is wrong about it, saying it would not be possible while deceiving journalists to have them quote him.

Here is a response to his FUD:

That appears to be incorrect information, judging from the actual stipulation language filed in this US litigation between the parties. What might the explanation be? Maybe what he found is an authentic copy and, not being a lawyer or trained in US law in any way, he just misunderstood it? What else might be inaccurate in the account, then? Maybe it's an earlier draft? Maybe the stipulation is wrong? (I doubt that very much, but I'm listing all the possibilities I can think of.) Maybe I'm misreading something? We'll have to wait and see. Perhaps FOSSPatents can tell the world the source of the version he obtained, so we can get to the bottom of it.

Just trying to keep up with all the misinformation out there. Sooooo much of it. This is why I rarely get a day off and never got to actually retire. The misinformation seems to never quit, and with legal coverage -- as opposed to propaganda, headline seeking or covering the Kardashians -- accuracy is vital.

My advice is simple: rely on what you find on PACER or on checkable information. If you can't check it yourself, how do you know it's so? That is why I always give you a way to check.

If you wish to check the case, it's docket number 1:11-cv-00785-GMS, the GMS standing for the judge's initials.


Swapnil Bhartiya shows that Samsung succeeded:

Once you reach the peak of a mountain the only way to go is down. And bad news keeps coming for Apple. Samsung has now won a very important motion against the iPad maker which allows Android giant to see the patent agreement Apple recently signed with HTC.

It doesn't mean you me or Samsung executives will get to see these documents. It's highly confidential and its for the eyes of Samsung lawyers only.

Just to refresh your memory, Apple and HTC recently settled all their legal disputes and signed a “broad ten-year licensing agreement”. The details of the agreement were confidential.


Here is the original which everyone is citing:



The magistrate judge, the Hon. Paul Grewal, in Apple v. Samsung has ruled after today's emergency hearing, and Samsung's motion to compel Apple to turn over the agreement it just entered into with HTC was granted.

So the media articles that referenced FOSSPatents and wrote that the Samsung motion was mooted because Samsung had agreed to accept a redacted version were flat out wrong on the facts. The motion was not only not mooted, it went to oral argument today, and Samsung won. And that's not all it won.


Samsung also strikes back hard:

What do you do when fate (and the legal system) deals you a cruel hand, and you’re seemingly proven an intellectual thief? Do you retreat, accept your defeat and move on, or do you try to strike back with the enemy’s own weapons?

That was Samsung’s dilemma back in August, after it was found guilty of infringing a number of Apple patents; the decision was easy – strong defense and then deadly counterattack.

We haven’t heard much lately about the status of Samsung’s defense (i.e. the appeal) in the California trial, but we’re getting more info about the counterattack. After last week we’ve seen the iPhone 5 included in the list of allegedly infringing Apple products, we’re now hearing about other devices added to the list.


It sure looks like Apple's patent war on Android is not paying off.

Recent Techrights' Posts

Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
 
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025
Critics of IBM's Strategy Aren't Racists, But...
the situation is saddening as it serves to obscure the severity of the problem
Mauritania: Windows Falls to All-Time Low of 6% (It Used to be Over 99%)
Windows is 0% in mobile
New USPTO Memo Makes Fighting Patent Trolls Even Harder
The U.S. Patent and Trademark Office (USPTO) just made a move that will protect bad patents at the expense of everyone else
Outline of Open Source Initiative Coverage to Come (Now That Consensus is Changing)
Policing Wikipedia and attacking critics is not a sustainable strategy
An "EU OS" Would Need European Components
There are many European (or Europe-led) distros of GNU/Linux. EU OS developers ought to look at those.
Gemini Links 23/03/2025: "Connor of the Cats" and CSS Naked Day
Links for the day
Links 22/03/2025: Science and Antoine Beaupré on "Losing the War for the Free Internet"
Links for the day
We Probably Served Close to 100 Million Gemini Requests
Many of these requests probably came from bots, but it's hard to distinguish (to block them) ... This coming summer Gemini Protocol will turn 6
Just Because Microsoft Resents Techrights Doesn't Mean SLAPPs Will Silence Techrights
To confront lies the best solution is to speak truth
Windows at New Low Levels in Madagascar (Population About 33 Million)
Madagascar does not need Microsoft
Slop Images Are Bad Optics, Including for Perl.org
Slop devalues one's genuine work
What Happened to the Open Source Initiative (OSI) Elections: Proprietary Software Companies in Control, the Scandals Cannot be Hidden Anymore
We'll talk about it later this month and next month
Slopwatch: Fake News About Security Using LLMs That Make Fake 'Articles' About "Linux" (With Slop for Images)
This cannot end well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 22, 2025
IRC logs for Saturday, March 22, 2025
Gemini Links 22/03/2025: "Ukay Ukay", Microplastics in Tea, Jujutsu, and More
Links for the day
Links 22/03/2025: Johor Flooded, Ador Traps Young Musicians With Contract
Links for the day
[Video] Richard Stallman on What Patents Would Have Done to Music (Covered by Copyrights)
Our WebM version can be played using Free software, independently of the availability of Invidious mirrors
Our IRC Community Turns 17 Very Shortly
A few years from now our IRC community will turn 20
Microsoft Destroys and Exploits, It Does Not Create
A race to nowhere
Linux Foundation Buys Misleading Puff Pieces About Itself, Earns Some LLM Slop to Accompany the PR (Openwashing and Propaganda as a Service, With the Brand "Linux" Needlessly Borrowed)
Isn't it funny that after the "LF" (misusing the brand "Linux") flooded the Web with press releases and fake articles (that it had paid for) it now gets some LLM slop doing the same?
It's About So Much More Than 2 Microsofters, It's About Freedom to Speak About Crimes at Microsoft
Suffice to say, if some people related to our professional field attack women and get arrested for it, then there's nothing immoral about relaying this information
Links 22/03/2025: Social Security Attacks and More Attacks on the Press
Links for the day
Gemini Links 22/03/2025: INTERPOL, DDoS by "Hey Hi" Hype, and RSS/Feed Readers
Links for the day
Links 22/03/2025: Alzheimer Research and Mega-breaches in the US
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 21, 2025
IRC logs for Friday, March 21, 2025