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Edited: Jul 19, 2011, 07:11pm EDT
A very serious patent situation for Android-based products, and upcoming troubles for Motorola, Nokia, and others.
Apple has won a patent infringement lawsuit that has the ability (and likelihood according to some) of
1) stopping the US import of ANY Android-based product
2) causing almost immediate loss of effective support for ANY Android-based product
http://www.zdnet.com/blog/hardware/apple-deals-massive-patent-...uble/13714
Wow. I hate software patents.
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Edited: Aug 10, 2011, 02:20pm EDT
Apple secures injunction against Samsung Galaxy Tab in ENTIRE European Union (except Netherlands)
http://www.zdnet.com/blog/btl/apple-secures-injunction-against...ag=nl.e539
20110809
Summary: Samsung has suffered what is arguably its worst setback yet in its international battle with Apple over the Galaxy Tab.
Apple has scored a major victory as a German court has granted a preliminary injunction against the distribution of Samsung?s Galaxy Tab 10.1 throughout the entire European Union, with the exception of The Netherlands...
With Europe out of the game, at least for the near future, it?s going to have a lot trouble making any kind of profit off this device--if that ever even happens...
The Cupertino, Calif.-based company recently garnered another win against Samsung in Australia, where the Android-based tablet is being temporarily blocked from promotion and sale....
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"Nothing in the world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb." - Calvin Coolidge
Edited: Aug 10, 2011, 03:31pm EDT
The article talks about how "generic" the Apple design was, and seems to suggest this should somehow prevent Apple from having an "unfair" patent that can limit others from using this "generic" design.
What the writer may not understand is that it is the GOAL of every patent writer/inventor to make their patent as "generic" as possible, as broad as possible, to cover the largest possible population of future inventions/devices in the real world.
If my patent is approved, that makes it so future inventors MUST come to me to get permission and a license to build their device (technically EVEN for personal use). So, I have the power of life and death over their product, and I can demand a piece of their pie...or shut them down. I am under NO obligation to let them build or sell their product, and the public have no right to demand that I do so. The government may do so, but only under certain conditions...in the past, in some cases, even WAR has been ruled an insufficient legal reason to make an inventor give-away a license to produce anything that uses part or all of his/her patent (e.g. a new machine-gun design).
For example, instead of inventing a two-wheeled bicycyle, I would patent a design that describes a "mass-moving unit" (MMU) with ANY number of wheels, type of wheels, and maybe even any type of "ground-to-MMU friction-reducing ability". It's just that ONE specific implementation could be 2 wheels and a metal frame in one case, but it could apply just as well to an anti-gravity field that someone hasn't even invented yet. It would also apply to carts, cars, hovercraft, jet-packs, airplanes, etc....If written properly and broadly enough, a really successful patent would legally cover literally anything that uses any mechanism to reduce friction between the ground and the "mass-moving unit".
http://www.zdnet.com/blog/hardware/apples-patent-could-prevent...lets/14175
Apple's patent could prevent all OEMs from building tablets
"....But if Apple can get an injunction against the Galaxy Tab, what?s to stop it getting similar injunctions against other Android tablets from other maker? Heck, what?s to stop it going after Windows 8 tablets once they are available?...."
Wtf! I bet Apple will soon win a patent over "a rectangle shaped device that uses electricity". Seriously this system is flawed as hell, I'd like to see how this patent will start to affect phone sales.
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Everything I write is Sarcasm.
Meats_Of_Evil said:
Wtf! I bet Apple will soon win a patent over "a rectangle shaped device that uses electricity". Seriously this system is flawed as hell, I'd like to see how this patent will start to affect phone sales.
There you go being just too dog-gone specific again, Meats. Back to patent class for you. 
Don't limit it to "uses electricity". Write the patent with "manipulates string quanta" instead.
Otherwise all someone has to do to get around your silly patent is to invent an "ellipsoidal"(1) device that uses gravity, or anti-protons, dilithium crystals...hell, maybe even ZPMs or Chriss Angel.
(1)The "ellipsoidal" shape can even look very much like a "rectangle shaped device" by simply being "smooshed" appropriately in the axes to the point where it is just short of actually being one. Think of a smooth elongated, somewhat wide, and thin "skipping" stone (with truncated ends) from a river. It's an ellipsoid...and technically not a cuboid (derived from a rectangle).
john albrich said: Meats_Of_Evil said:
Wtf! I bet Apple will soon win a patent over "a rectangle shaped device that uses electricity". Seriously this system is flawed as hell, I'd like to see how this patent will start to affect phone sales.
There you go being just too dog-gone specific again, Meats. Back to patent class for you.
Don't limit it to "uses electricity". Write the patent with "manipulates string quanta" instead.
Otherwise all someone has to do to get around your silly patent is to invent an "ellipsoidal"(1) device that uses gravity, or anti-protons, dilithium crystals...hell, maybe even ZPMs or Chriss Angel.
(1)The "ellipsoidal" shape can even look very much like a "rectangle shaped device" by simply being "smooshed" appropriately in the axes to the point where it is just short of actually being one. Think of a smooth elongated, somewhat wide, and thin "skipping" stone (with truncated ends) from a river. It's an ellipsoid...and technically not a cuboid (derived from a rectangle).
Rofl! John you crack me up hahaha.
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Everything I write is Sarcasm.
I feel that there are several worrying implications that may develop from this, and some that are already developing.
In the first instance, the European block on Samsung?s products has been deliberately heard in the German court that has, historically, generally found in favour of the plaintiff in patent cases. Apple are clearly aware of this, and have targeted them specifically. A ruling in an EU member state in this manner automatically covers all EU member states; again, Apple is clearly aware of this.
The second thing that concerns me is, what appears to be some sort of backroom deal that Apple could be doing with members of the judiciary, in the USA as well as Europe, because I can see that some manipulation is clearly being brought to bear here. The reason I think this is because of the manner in which both the EU and USA rulings against Samsung have come about.
In the USA case, what basically happened is: one party made a complaint against a second party, and the second party were censured because of this, however, they were not allowed to see the evidence against them. Apple said the GT10.1 was a bit too much like the new iPad, and Samsung were ordered to hand over a GT10.1 for Apple to examine, but when Samsung asked for an iPad to compare to the GT, they were told ?No?.
In the EU case, what happened is: one party made a complaint against a second party, and the second party were censured because of this without even being given a chance to respond to the allegations.
Now, as far as I?m aware, the fundamental constitutions of both the EU and the USA give people the right to due process, and I believe this may have been bent, or even broken in these cases, and it?s my feeling that this is setting a dangerous precedent.
Now, I think what Apple?s trying to do here is not stop Samsung producing their direct competition to Apple?s flagship product, but simply to delay things for a year or so in the court system, which will effectively render the Samsung product obsolete; I?m sure we all know how long a year is in the world of technology. It also strikes me that the reason Apple has gone into the EU case with such zeal is, having seen the GT10.1 (following the case in the USA) they?ve realised just how strong a competitor it?s going to be in the tablet market, and they?re outright scared.
I don?t think we?re going to see just how much of a messy fight this is going to be until Google themselves get involved. I think they are Apple?s real target in all this.
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~ The manual said "Requires Windows '95 or better" ...so I installed Linux!
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"Nothing in the world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb." - Calvin Coolidge
Edited: Aug 15, 2011, 02:11pm EDT
I would have titled this,
Has Google cut it's Android's throat?
It should be noted that violating the Linux GPL "...will automatically terminate your rights under this License."
http://www.zdnet.com/blog/hardware/have-many-android-vendors-l...inux/14210
Have many Android vendors lost their rights to distribute Linux?Does section 4 of the GPL version 2 mean that many (if not all) Android vendors have already lost their rights to distribute Linux?
According to an IP litigator, the answer is yes.
...by refusing to make freely available the GPL?d portions of Honeycomb, Google is forcing its OEM partners into a situation of non-compliance with the GPL.
Naughton believes that this puts OEMs, and even Google itself, in a really bad position
Evidence is now coming to light as to Apple?s (possibly underhand) tactics in the German case, along the lines of what my earlier intimations suggested:
First off, they altered the image to make the new Tab10.1 look more like an iPad:
Dutch website Webwereld has compared the some of the images from the court documents? ?to reality and found some disturbing differences. In Apple's images, the Galaxy Tab 10.1 has been shown with a different aspect ratio (1:36 as opposed to the actual 1:46 -- the iPad is 1:30), causing it to more closely resemble the dimensions of the iPad.
Additionally:
?the Samsung logo has been removed from Apple's image
And, the unit pictured was:
?shown with the app drawer open instead of the normal home screen view
So much for, ?The evidence I shall give will be the truth, the whole truth, and nothing but the truth?
Full article: http://t.co/YQprOpE
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~ The manual said "Requires Windows '95 or better" ...so I installed Linux!
Capital!
)The injunction preventing sales of the Samsung Galaxy Tab 10.1 has been suspended across Europe except for in Germany where the slate is still prohibited from sale.
However, curiously...
There's no indication yet if the allegedly inaccurate images of the Samsung Galaxy Tab 10.1 that were submitted as evidence by Apple had any bearing on the suspension of the injunction.
Full story: http://www.techradar.com/news/mobile-computing/tablets/samsung...ope-992453
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~ The manual said "Requires Windows '95 or better" ...so I installed Linux!
I think patent laws are illegal, the only way a patent law should be enforced is if it can be proven that the infringement was intentional and the new creation was based on the patented device.
"The world is a temple to the self, and these days, there's alot of believers"
Wow Rhort thanks for that article man. I never thought I see such a thing. Heck instead of pictures why don't they give them the 2 actual products for the judges to see the difference?
That was some evil stuff Apple did.
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Everything I write is Sarcasm.
Edited: Sep 09, 2011, 05:46am EDT
john albrich said:
A very serious patent situation for Android-based products, and upcoming troubles for Motorola, Nokia, and others.
Apple has won a patent infringement lawsuit that has the ability (and likelihood according to some) of
1) stopping the US import of ANY Android-based product
2) causing almost immediate loss of effective support for ANY Android-based product
http://www.zdnet.com/blog/hardware/apple-deals-massive-patent-...uble/13714
Such a very amazing link!
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Turnabout is fair-play (and/or a strategic business move)
http://www.telegraph.co.uk/technology/news/8749797/HTC-uses-Go...Apple.html
Google has sold a number of patents to HTC so that the mobile-manufacturer can sue Apple.
The nine patents, which Google itself bought from Motorola, Palm and other companies less than a year ago, concern Google?s Android operating system. In a sign both that Google is unwilling to sue Apple directly and also that the ?patent wars? between major manufacturers are further hotting up, HTC has now filed claims against Apple, while also itself being sued by the iPhone maker.
After issuing press release after press release touting the Android patent-protection deals it had signed in the past few months, Microsoft went back and added a new Linux licensee to its patent-deal roster.
On September 20, Microsoft officials said that Microsoft and Casio Computer Co. Ltd., a subsidiary of Casio Worldwide, had entered into a ?a broad, multiyear patent cross-licensing agreement that, among other things, will provide Casio?s customers with patent coverage for their use of Linux in certain Casio devices.?
http://www.zdnet.com/blog/microsoft/microsoft-adds-casio-to-it...list/10766
Headdesk.
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Edited: Jun 28, 2012, 09:19pm EDT
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Apple Patent Wins: Samsung Tablet Blocked from U.S.-June2012http://www.pcworld.com/article/258387/apple_patent_wins_samsun...tents.html
Apple Patent Wins: Samsung Tablet Blocked from U.S. and Apple Awarded 27 New Patents
By Sarah Jacobsson Purewal, PCWorld Jun 27, 2012 6:00 AM
Apple is on a patent tear winning an injunction that bans sales of the Galaxy Tab 10.1 tablet in the United States. Adding to its patent victories the U.S. Patent and Trademark Office has awarded Apple 27 new patents, including a patent for scrolling, rotating, and scaling documents on touch screen devices.
The patent win against Samsung is considered one of Apple's biggest wins yet.
Source: http://www.hardwareanalysis.com/content/topic/77823/
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