Legal Archive

Groklaw nails it: "In other words, want to disarm the companies that got there first, built the standards, and created the field, while the come-later types clean up on patents on things like slide to unlock or a tablet shape with rounded corners. Then the money flows to Apple and Microsoft, and away from Android - and isn't that really the point of all this, to destroy Android by hook or by crook? The parties who were in the mobile phone business years before Apple or Microsoft even thought about doing it thus get nothing much for their earlier issued patents that have become standards. Apple and Microsoft can't compete on an even field, because the patent system rewards the first to invent (or now, after the recent patent reform, the first to file). Neither Apple nor Microsoft got there first. Samsung was there, since the '90s." To illustrate: Apple is demanding $24 (!) per Samsung device for design patents, while at the same time, Apple also demands that Samsung does not charge more than $0.0049 per standards essential patent per device. This is absolutely, utterly, and entirely indefensible. And then Apple and its supporters have the nerve to claim Samsung is ripping them off. Yes, this pisses me off, and no, that's not because it's Apple doing it (Microsoft is just as guilty). It's because this is plainly, utterly, clearly, and intrinsically unfair.

"A judge in Britain is forcing Apple to publicly acknowledge that Samsung didn't copy the iPad, according to a report by Bloomberg. A judge has ordered Apple to post a notice on its website and in British newspapers highlighting a recent ruling that Samsung didn't copy the iPad. Apple must leave that notice up on its website for the next six months." Apple can still appeal this decision, but I'm hoping it'll be denied. This is just too hilarious not to go through.

Judge Richard Posner, who dismissed the lawsuit between Apple and Motorola, posits his solutions to the dysfunctional patent system. "There are a variety of measures that could be taken to alleviate the problems I've described. They include: reducing the patent term for inventors in industries that do not have the peculiar characteristics of pharmaceuticals that I described; instituting a system of compulsory licensing of patented inventions; eliminating court trials including jury trials in patent cases by expanding the authority and procedures of the Patent and Trademark Office to make it the trier of patent cases, subject to limited appellate review in the courts; forbidding patent trolling by requiring the patentee to produce the patented invention within a specified period, or lose the patent; and (what is beginning) provide special training for federal judges who volunteer to preside over patent litigation." I like this guy.

While our beloved readers from the United States celebrate their independence (have a good one, guys and girls), the European Parliament has just voted against ACTA with an absolutely overwhelming majority: 478 against ACTA, 39 in favour (and 165 abstentions). I'm raising a coffee to this one, kids.

Yesterday, we were treated to another preliminary injunction on a product due to patent trolling. Over the past few years, some companies have resorted to patent trolling instead of competing on merit, using frivolous and obvious software and design patents to block competitors - even though this obviously shouldn't be legal. The fact that this is, in fact, legal, is baffling, and up until a few months ago, a regular topic here on OSNews. At some point - I stopped reporting on the matter. The reason for this is simple: I realised that intellectual property law exists outside of regular democratic processes and is, in fact, wholly and utterly totalitarian. What's the point in reporting on something we can't change via legal means?

So, the next venue of patent trolling has just been opened. Apple has patented - quite specifically - the wedge shape of the MacBook Air. Not the general design or impression, no - just the wedge shape. This is interesting, because that wedge shape? Hit prior art in 3.2 seconds: the Vaio x505 from 2004. A wedge-shaped, superthin (for its day) laptop - exactly what Apple's design patent claims the company has invented.