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Apple losing to Moto in patent lawsuit - injunction!

EarlyMon

EarlyMon

The PearlyMon
VIP Member
Those who have followed my posts on patent illegalities since early summer may recall that I have had one constant refrain:

Apple stepped up their patent suits and went nuts after Samsung and HTC as a smokescreen to cover that some of their stuff was already at issue as invalid due to it being Motorola's prior works. (And that it had fallen off of everyone's radar, but to watch for this, because it was being worked in the courts.)

Courtesy of helpful member zx10droid in the Galaxy Nexus pre-release thread, he laid this on me, I tipped Phandroid. And with that, ladies and gentlemen, here's the article and the source. :) :) :)

Apple Found Guilty Of Violating Motorola Patents In Germany – Apple Ban Soon To Follow?

FOSS Patents: Motorola Mobility won a formal injunction against Apple in Germany over two patents -- UPDATE: it's not "totally symbolic"

Next up, be on the lookout for the Motorola prior art not patented by them as obvious to practitioners in the art, but later patented by Apple and now being held against HTC (with threat to all Android): integrating data intentions to applications.

Android community, mark well the adage: The wheels of justice turn slow, but they grind exceedingly fine.

And here's one just for you, Apple: He who laughs last, laughs best!
 
i just hope we aren't coming into an age where a companies first response to patent infringement is a blockade :(
 
A.Nonymous said:
Agreed. When can we stop sueing each other and actually spend time/money on innovation?
Click to expand...

When Apple stops attempting to restrict the free trade of Android worldwide.

Meanwhile, Apple has dusted off an old app, Siri, and then repackaged Android 1.6 and called that innovative - and the world seems to agree.

Meanwhile, what's Android done besides glasses free 3D, HD displays on phones, and the first full revision update in two years, with a significant advance in dual core optimization?

I hate the broken patent system more than the next guy.

And the dumb lawsuits.

But if this is what it takes to continue the free trade of products that already seem a lot more innovative to me, then I am all for it.
 
That's the only way they can try to slow down Android. The iphone has not taken any great leap since its debut. Many want to hate on Android and claim how it is fragmented, too much devices, it's not smooth and devices are too big. What other Os has been putting in hard work to give its customers something new and better since it was introduced. Apple needs to step up their innovation and put down the legal discrimination.
 
Yep, exactly.

Lots of fuzzy thinking out there, so I want to share my response to some from Phandroid comments -

An interested reader said:
I'm talking about relationship between Google and Apple. Google sat in Apple's board, watched all the development, and pulls out of board and creates competing product by stealing the idea. Unfortunately for Apple, all they have are these stupid patents to protect themselves.
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My reply -

EarlyMon said:
That's one view of events, many believe it to be actually correct - if all we have to go on are biased reports on the mechanics of that, that makes sense.

But it's not all we have to go on and industrial history is quite clear.

Remember, Andy Rubin and his posse were heavy into cell phones with a history of good products _sold worldwide_ before Google bought them and centralized and focused the action into the Android initiative.

Android was the culmination of the creators of phones long on the market before Apple even thought of making phones. The historical record shows that clearly, and completely refutes the Apple line that it was whipped up in a frenzy of boardroom theft and backstabbing.

And speaking of protecting intellectual property, lest one be ripped off and their good name and works be dragged down - that is exactly the issue here. Except it's not about rewriting history until the facts are gone and it hilariously comes out Google stole from Apple. It's about the simple fact that Apple stole from Motorola.
Click to expand...
 
What I find sad is the constant misrepresentations out there..

There are a lot of people who have the mislead belief android for some reason or another *needs* a dual core to run smoothly.. But, my samsung captivate runs just fine.
 
Honest question: shouldn't all you guys be hating on Microsoft just as much, for all it's patent strong-arming relating to Android? It seems to me that what they're doing is at least as insidious, but because they don't happen to be named Apple no one seems to care.
 
Pitamakan said:
Honest question: shouldn't all you guys be hating on Microsoft just as much, for all it's patent strong-arming relating to Android? It seems to me that what they're doing is at least as insidious, but because they don't happen to be named Apple no one seems to care.
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EarlyMon is pretty equal opportunity when it comes to patent wars against Android. Did you see the other thread where Early posted that Barnes & Noble gave Microsoft the middle finger?

Link:
http://androidforums.com/lounge/442...ees-shove-they-aint-working-here-no-more.html
 
I'm curious:

Motorola (I'm assuming Motorola Mobility actually) just won against Apple. But Google bought Motorola Mobility (did the deal go through?). So didn't Google, indirectly, just put the smack on Apple in Germany? And now that Google has the patents, will this be the only domino to fall, or the first?

Also, what I found interesting:

What’s more is Motorola is actually owed for past damages as well
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The truly ironic thing is if Apple has to pay licensing fees. Also, if the injunction works in America (I doubt it, though).
 
jerofld said:
I'm curious:

Motorola (I'm assuming Motorola Mobility actually) just won against Apple. But Google bought Motorola Mobility (did the deal go through?). So didn't Google, indirectly, just put the smack on Apple in Germany? And now that Google has the patents, will this be the only domino to fall, or the first?

Also, what I found interesting:



The truly ironic thing is if Apple has to pay licensing fees. Also, if the injunction works in America (I doubt it, though).
Click to expand...

This is all to Google's calculation when it bought out Motorola Mobility (it went through).

The first thing Google did, was give some of the patents to HTC to use to fight against Apple in early September.

HTC Sues Apple Using Google Patents Bought Last Week as Battle Escalates - Bloomberg
 
a google VIP visited SE asia to let the OEMs over there know that google is 100% behind them.. and will support them against apple and MS.
 
jerofld said:
I'm curious:

Motorola (I'm assuming Motorola Mobility actually) just won against Apple. But Google bought Motorola Mobility (did the deal go through?). So didn't Google, indirectly, just put the smack on Apple in Germany? And now that Google has the patents, will this be the only domino to fall, or the first?

Also, what I found interesting:



The truly ironic thing is if Apple has to pay licensing fees. Also, if the injunction works in America (I doubt it, though).
Click to expand...

The thing to notice is that the worldwide Apple actions against Samsung was before many courts, but their initial win in Germany set a precedent, and I understand that in these matters, precedents get argued strongly from court to court.

So, this has nothing to do with the US - yet.

The Moto vs. Apple case has been around a while. The spin doctors and news blogs will likely give us some timeline for this vs. the buyout, but I suspect we'll never know the when and how of it all until years from now when someone writes their kiss-and-tell biography - and that will have spin doctors on it, too.

So - did Google, indirectly, put the smack down on Apple. Well, if they didn't, they sure are going to earn the reputation for doing it, so either way, I vote yes.

Maybe the strategery (great made up word) was, if it was a loser, it was a pre-Google Moto loss, and if it's a winner, it's during the Google take-over and Google + Moto won it.
 
I have a solution, but unfortunately the government doesn't listen to me...

New Patent Rules

1. Patents are only available to new and unique inventions.

2. Patent applications shall be approved on a peer review process. Panels selected at random within academia and the industry affected by said patent will have voting rights on a preliminary review before final granting of the application. Once applied for a patent may not be re-filed if denied.

3. Patents are not available if the invention or any component thereof is already in use in any form, no more patenting any item in the market that is in use but not protected.

4. Software is NOT patentable, it shall return to the realm of Copyright protection where it belongs. Only hard, tangible goods are patentable.

5. Patents are only enforceable if they are produced or licensed or in the process thereof within one year (maximum five years with approved extensions based on production timelines and acceptable delays) of obtaining the patent or said patent will be pulled and placed up for public auction and the previous holder or any entity with any ties to the original holder will be prohibited from taking part in the auction.

6. Patents shall not be issued on “potential technology”, only items that are producible or very near so.

7. The Design Patent shall be abolished; design is a copyrightable element only.

8. Patents may only be licensed beyond the first year; the sale of patents is limited to a 1 year period immediately following granting of the patent.

9. Any entity found guilty of using patents strictly for the use of controlling a particular market instead of protecting intellectual rights or any other variation of “Patent Trolling” shall have any and all patents owned by said entity pulled and auctioned and a ten year ban on applying for, purchasing or in any other way receiving any new patents.
 
I guess the question I always ask is.... how do you encourage the single inventor or small business over the large conglomerate that can wait a year for your patent to expire, copy your idea and bury you.

I think the answer really falls along the lines of opening up the patent system to the public more.

Let almost anyone challenge a patent. Let anyone search or comment on applications.

Make filing fees very low. like $1.

but im sleepy now so i am gonna go patent me some dreaming....
 
^^^ LOL... dont let your mouth write a check your ass cant cash...

i hope the the wave of legal patents dont stop.. so others understand.. dont open this can of worms, unless you are sure you want it.
 
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