#patentfun April 13 – 21, 2024
#Patentfun is my weekly round up of other articles surrounding the legal battles that Android is embroiled in.
There’s a TON going around this week with the Java/Oracle debacle, but I’m feeling totally overwhelmed trying to understand it in the least amount of sense. I’ll let you mull over these few articles: Oracle v. Google & Implementing Java & the Lindholm testimony
Let me start off with someone who actually has some sense when you think of these crazy suits going on:
Twitter Calls for Patent Wars Truce
That’s right… now they’re not actually calling for others to stop, but they’re hoping that leading by example they can influence others to do as they will be doing.
They will not use their own patents to ‘troll’ (my words), or for offensive measures; rather, only to defend itself.
Typically, engineers and designers sign an agreement with their company that irrevocably gives that company any patents filed related to the employee’s work. The company then has control over the patents and can use them however they want, which may include selling them to others who can also use them however they want. With the IPA, employees can be assured that their patents will be used only as a shield, rather than as a weapon.
Grand gesture, and I hope that people take note. However, I’m not entirely hopeful on it myself… I’m sure Samsung and Motorola thought along those same lines, but after the dozens of suits in far of places with far out claims, that started to win, they have to adapt, or lose entirely.
Samsung brings another eight patents to the Apple knife-fight
This is for the suit that Apple’s now bringing on North American shores, and hopes to take the Nexus models off the shelf. Let’s hope that something comes out of the court ordered mediation process between these two.
FOSS lays out the patents they’re bringing:
- U.S. Patent No. 7,756,087 on a “method and apparatus for performing non-scheduled transmission in a mobile communication system for supporting an enhanced uplink data channel”
accused products: iPhone 4, iPhone 4S, iPad 2, and New iPad
declaration of standard-essentiality to ETSI in May 2024
presentation of claim charts to Apple in October 2024
- U.S. Patent No. 7,551,596 on a “method and apparatus for signaling control information of uplink packet data service in mobile communication system”
accused products: iPhone 4, iPhone 4S, iPad 2, and New iPad
declaration of standard-essentiality to ETSI in May 2024
- U.S. Patent No. 7,672,470 on an “audio/video device having a volume control function for an external audio reproduction unit by using volume control buttons of a remote controller and volume control method therefor”
accused products: all iPhones, all iPads, and all iPod touches
- U.S. Patent No. 7,577,757 on a “multimedia synchronization method and device”
accused products and services: all iPhones, all iPads, all iPods, all Apple computers, Apple TV, iCloud, and iTunes
acquired from ReQuest in September 2024
- U.S. Patent No. 7,232,058 on a “data displaying apparatus and method”
accused products: all iPads
- U.S. Patent No. 6,292,179 on a “software keyboard system using trace of stylus on a touch screen and method for recognizing key code using the same”
accused products: all iPhones, all iPads, and iPod touches
dropped from Samsung’s counterclaims in the first California litigation in July 2024 (to be precise, Samsung converted a separate countersuit into counterclaims, and in that process left a couple of patents behind)
presentation of claim charts to Apple in October 2024
- U.S. Patent No. 6,226,449 on an “apparatus for recording and reproducing digital image and speech”
accused products: all iPhones, all iPads, iPod touches, and Apple computers
acquired from Hitachi in August 2024
- U.S. Patent No. 5,579,239 on a “remote video transmission system”
accused products: all iPhones, and all 3G iPads with cameras
acquired from a group of three inventors in October 2024
Motorola‘s patent enforcement against Apple will cost German taxpayers millions (of euros/dollars)
There’s some out that really could care less about the whole patent scenario. I know, I read what posts you write on here. But the cost is more than $5/handset possibly more in some licensing scenarios, or the removal of an entire product line up, thus reducing commercial purchasing options for customers…
In fact this article details that the lawsuits might even end up costing the folk surrounding the court system where the battle takes place millions of dollars.
And they’re just talking about one suit, in one country. The same country that was pushing for more legal action to happen (see last week’s post).
Madness… must … stop.
Apple and Samsung CEOs To Meet In San Francisco For Settlement Talks
Now, here’s what we’ve been waiting for… hopefully a semblance of some enlightenment to occur between the 2 largest factors in this war to sit down and actually talk.
That’s some big dreaming. In an ideal world this kind of mediation would be useful, and can save the courts MILLIONS in an actual trial.
However, these are normally something offered to the 2 groups, and sometimes exercised, sometimes not. What’s happened in this case is that the judge fairly, strongly suggested that they do this, and they will.
What will happen, in all likelihood, is that they will sit down and within minutes leave and then proceed with the trial. I really don’t see either side backing down. (as a point of fun, read this guys story about his ‘mediation’ with Apple lawyers).
Apple, with their crazy “we’re always right” stance, and Samsung’s got a lot pride stacked up standing up to Apple and after having taking much abuse legally from them in the past. This mediation process does not bode well.
And even if it does ‘work’, this is only one trial, in one country, out of the dozens that are out there currently.
I’ll keep my fingers crossed, but I’m not holding my breath on this one.