Linked by Thom Holwerda on Thu 1st Sep 2011 21:48 UTC, submitted by glarepate
Legal "In a scene straight out of Bizarro World, Apple's lawyers are crying foul about Samsung and recent Google acquisitions Motorola's allegedly 'anticompetitive' use of patents. Yes, this is the same Apple that has initiated a patent war with these smartphone rivals. And it's the same rival that has tried to remove competing products from the market, rather than agree to negotiate a licensing fee. And it's the same company that patented multi-touch gestures 26 years after they were invented at a research university. And it's the same company that allegedly doctored evidence in European courts to support its lawsuits against Android. Yet in Apple's rose-colored glasses it is Samsung and Motorola who are bullies. Apparently Apple is irate about these companies' countersuits, which rely largely on patents covering wireless communications."
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Apple is complaining that Samsung and Motorola are attempting to leverage patents that are required to implement open standards defined by SSO's in which they participated.

From the article.

"Apple takes issue with the fact that Motorola in its countersuit declines to differentiate the 7 F/RAND patents in its 18 patent collection."

Not quite the same thing, is it? Those F/RAND thingies are only 7 out of the 18 patents in the suit. Less than half ...

And also FTA:

"But given Apple's legal belligerence, the carriers have made a special exception when it comes to Apple. And Apple, struggling in court, is growing increasingly frustrated.

The company's lawyers stated in a recent Motorola hearing, "By making false commitments that led to the establishment of worldwide standards incorporating its own patents and eliminating competing alternative technologies. Motorola [Mobility] has become a gatekeeper, accruing the power to harm or eliminate competition in the relevant markets if it so desires."

See the difference? Motorola and Nokia only want an injunction in one country. And it's not over meaningless, bogus patents either. It's about real device functionality that is fundamental to the operation of the iPhone/Pad/Touch. And it's stuff that Apple haven't licensed. Neither for free, nor for a reasonable and non-discriminatory fee. They just felt entitled to take what wasn't theirs.

So, it's not like Samsung and Motorola Mobility are trying to block sales in 27 different countries over a, pretty bogus, look-and-feel issue based on ten year old drawings of a product that is only 3 or 4 years old (with specious picture-evidence.) They have a real case. Not that it's likely to get them everything they are asking for. But it gives them leverage. You understand that patent countersuits usually go this way?

You really seem to be missing the point here ...


Edited 2011-09-01 23:50 UTC

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