Bonum Certa Men Certa

Apple's Android Lawsuits, Extortion, and Inevitable Market Declines

Bull



Summary: Apple loses a key patent, secrecy and market cap following a new series of events

A patent which is essential to Apple's battles against Android has quite inevitably just died (tentatively), but Apple fans sites (calling themselves a cult) spin invalidated as "discredited". More to come perhaps: "US Patent #7,479,949, claiming a "[t]ouch screen device, method, and graphical user interface for determining commands by applying heuristics," essentially covers iOS's ability to respond when a user is trying to scroll vertically in a document, or trying to move around within the document in multiple directions. It also covers iOS's ability to discern the difference between swiping among images in a gallery, or panning or zooming within the image."



Pamela Jones wrote:



Apple's '949 patent, "Touch screen device, method, and graphical user interface for determining commands by applying heuristics", the 7,479,949 patent, has just been preliminarily ruled invalid by the USPTO, claims 1-20. This is a pivotal patent for Apple's legal strategy, trying to carve out ownership of what it called the "Distinctive Apple User Experience" in the HTC-Apple settlement agreement.


This news could not come at a much better time because Apple is to present a list which depends on the patent. Jones adds:

Apple claims Samsung is trying to correct a mistake, and there is a long song and dance about how horrible Samsung is acting, trying to fix the error. The judge may well agree, but on the other hand, Apple is asking to ban Samsung products from the US entirely, and that's a serious matter for Samsung, so one might argue that it surely doesn't hurt to get it right and have all the evidence on the table to make a correct decision. I'll show you Samsung's reasons for asking to submit the supplemental declaration as well.



Some sites are advocating lawsuits by Apple, whereas others, including Judge Koh [1, 2] are calling for peace (it is up to Apple at this point). As one reporter put it: "Apple and Samsung met again during an appeal hearing on yesterday to argue over the $1 billion that was rewarded to Apple over the summer after Samsung was accused of patent infringement. Judge Lucy Koh is currently reviewing the jury’s $1.05 billion verdict against Samsung, but had some things of her own to say to the two companies bickering back and forth: “global piece.”"

"She should talk to the lawmakers then," wrote Ondrej Michalek. Here is coverage of the need for transparency:



The court quickly granted Samsung's request and has now gone a step further, saying that the agreement itself should be made public, except for pricing and royalty terms. Bizarrely, it was actually Samsung who sought to have the information about what patents were included under seal -- such that it could see it, but the public could not. Either way, the judge has made it clear that the patents need to be made public as there's no compelling interest in keeping them secret.


Here are the details:

Apple-HTC settlement unsealed: No “cloned products,” no helping trolls



[...]

The 143-page settlement [PDF] is heavily redacted, and no financial terms are revealed. Still, certain parts of the document are revelatory. The document outlines an arbitration process that Apple can initiate if it believes HTC has created a "Cloned Product" that apes Apple's too closely. It gives specific examples of similarities that would be acceptable and others that would be verboten. "Pinch to zoom" is OK; "slide to unlock" is OK, but only if it looks different.


Jones covered what is clearly a one-sided deal. Apple and Microsoft try to crush Android with patents before Apple becomes just another Nokia. Google is building a patent arsenal, considering in the process a purchase of patents together with Apple. This report about Kodak patents says: "Niki Fenwick, a spokeswoman for Mountain View, California- based Google, said the company doesn’t comment on rumor or speculation."

If true, then Google is still becoming part of the cartel -- one that the USPTO facilitates along with dubious agencies like FTC and ITC which like to discriminate against Android players like Motorola. Perhaps a punishment for not being part of the cartel?

In all fairness to Google, it does actively try to stop software patents and as LWN put it:

A brief has been submitted to the US Court of Appeals; signed by Google, Facebook, Red Hat and several other companies; stating that the combination of an abstract idea and a computer should not be eligible for patent protection


After Apple got downgraded and all that bad news came in its stock fell:

Today, Apple shares fell 6.43 percent to 538.79, which represents a $34.8 billion market cap write-off. Analysts have been looking for reasons for the drop all day long without finding a single one that stands out. They forgot about the long-term perspective.

During the past 12 months, Apple shares have been up 42.7 percent, mostly due to two new products, the iPhone 5 and the iPad mini. With a new CEO and no new product in sight, volatility kicks in. The smallest downturn leads to a huge stock drop. Reporting about stock variations often means focusing on short-term activities.


This is why Apple is suing. Android stole its thunder.

Recent Techrights' Posts

Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day