Linked by Thom Holwerda on Sun 11th Nov 2012 12:48 UTC
Legal Interesting news in the middle of the night: Apple and HTC have announced they've settled all their patent disputes, bringing an end to all running lawsuits between the two companies. The companies signed a ten-year cross-licensing deal. Considering Apple's legal assault on Android hasn't been going particularly well, this really shouldn't come as a surprise.
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Only in OSNews bizarro land..
by Nelson on Sun 11th Nov 2012 18:25 UTC
Nelson
Member since:
2005-11-29

is multiple injunctions, and over a billion dollar in damages construed as things are going badly for Apple.

You cannot be serious.

Also, people seem to miss the point. Microsoft isn't trying to keep Android around either. Both Apple and Microsoft have the intent of DESTROYING Android. Microsoft is just better at choosing words (they haven't explicitly expressed a desire to go thermonuclear)

But make no mistake, Microsoft aims to make it unviable for OEMs to go after Android.

If OEMs find it financially unfeasible to create Android devices, then Android is essentially dead. Anyone who thought that the assault was exclusively focused on injunctions is naïve.

Every licensing cost that OEMs have to pay to use Android (and note: HTC now pays both Microsoft and Apple royalties for every Android device sold) makes it THAT much less attractive for them to continue to create devices for that platform.

Consider HTC who has seen profits tumble something like 70% YoY, do you REALLY think they like the idea of having additional costs when dealing with Android?

Windows Phone starts to look a lot more attractive. That's Microsoft's mission. It's also (and in a weird sense) Apple's mission, because Android is an uncontrolled beast. At least Microsoft plays by the rules of the playground with regards to licensing patents.

Reply Score: 0

Thom_Holwerda Member since:
2005-06-29

multiple injunctions


Examples? Most of those have been thrown out, or were easily circumvented by Samsung. Apple has won nothing so far.

over a billion dollar in damages


...which is currently under investigation.

Nothing bizarre about this - just plain common sense. Your irrational hate is clouding your judgement.

Reply Parent Score: 1

Nelson Member since:
2005-11-29

Examples? Most of those have been thrown out, or were easily circumvented by Samsung. Apple has won nothing so far.


None needed. You state "most", which implies that some do exist. Also, I'll note that you purposely limit your statement to "easily circumvented".

That is highly irrelevant. The point of the legal action is to create a cloud of uncertainty and make it financially unattractive to use Android.


...which is currently under investigation.


Being under appellate review in and of itself is NOT a negative for Apple. ANY outcome of this trial was going to go to an appeals court.

Saying that JUST because it is in appeals it is inherently doomed is misguided.

Let's say Apple lost to Samsung for a second. Would you say that Samsung's win was legitimate because Apple is appealing the decision? No. I suspect you'd have 12 articles a day about how Apple got rebuked by the courts.

Except they didn't because you, the commenters on this site, and Groklaw were DEAD WRONG about how the trial would come out. You all were about as fanatical as Republicans on election day expecting Mitt Romney to win. Every poll was "biased" and the media was "lying". Just like every juror was corrupt, the foreman was unethical, and the Judge was in the tank for Apple. Riiight.


Nothing bizarre about this - just plain common sense. Your irrational hate is clouding your judgement.


MY irrational hate? Have you SEEN your articles lately? They're so blatantly anti-Apple and anti-Microsoft that I doubt you're even trying to remain objective anymore.

Just look at your other article "Goes to show who Microsoft cares about: Hint: it ain't you."

You've deteriorated into sensationalism, and the only one yet to see it is you.

Reply Parent Score: 4

jared_wilkes Member since:
2011-04-25

Examples? Most of those have been thrown out, or were easily circumvented by Samsung. Apple has won nothing so far.


Apple has more injunctions still under enforcement, injunctions granted but not under enforcement because of circumvention, injunctions granted but mooted because product is no longer offered, injunctions granted but not enforced because of appeal, injunctions granted but later overturned, injunctions of any kind, AND jury verdicts than Samsung. It has the right to ask for a permanent injunction against Samsung as a final ruling in its US guilty verdict.

By any rational legal scorecard, Apple is "winning" resoundingly. No one with any skin in the legal battle, or a basic understanding of it, thinks winning/losing is predicated on preventing market access to competition. One can argue that the legal battle has no market value, but as far as Apple or its legal adversaries winning the meaningless battle: Apple is ahead by all objective measures of legal wins/losses.

...which is currently under investigation.


Under appeal, the court will hear arguments before determining if she will allow the argument of jury misconduct. Which would result in a retrial. The jury verdict is "final" insofar as Samsung faces a huge burden to chip away at the infringement verdict or to achieve a mistrial. Characterizing this as an "investigation" is silly.

Nothing bizarre about this - just plain common sense. Your irrational hate is clouding your judgement.


Claiming Apple is losing in the courtroom is irrational.

Reply Parent Score: 2

someone Member since:
2006-01-12

Well, at least it's enough to convince Samsung to adopt more dissimilar looking designs for their new products, which is one of Apple's goals.

Reply Parent Score: 2