DecryptedTech

Wednesday01 February 2023

Displaying items by tag: Patent

News 3d Apple Logo 102

Time Apple news for July 26th 2012. Today we have Apple’s “we should not have to pay” defense, a new worm in the iTunes store, and new Malware that has popped up for OSX users. These three things have loads of laughs and some interesting twists which we think you will enjoy. So up on deck first we will take a look at Apple’s we should not have to pay defense which they are presenting in one of the patent cases they have going with Samsung.

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It seems that there is another troll under the bridge this time it is named Uniloc and is a company that has deiced to sue multiple game companies for violating one of the patents that they won by assignment. The patent in question is a little iffy to say the least and relates to “System and method for preventing unauthorized access to electronic data.” Uniloc not only claims exclusive rights to use this technology in the wider software world, but also in the Android OS environment. .

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IDL-signal

In a world where corporate interests are slavishly followed to the detriment of society by elected officials one man stands above it all. Lamar Smith is that man, out for justice for the people that pay his campaign bills and he will stop at nothing… Ok so enough of the very cheesy intro here. Out point is that Lamar Smith is back and trying to find a way to implement SOPA any way he can. If you are surprised then you must have been living under a rock for a while.

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The US Patent system, both the methods used for filing and also the methods used to protect IP is becoming a joke. We have seen as patents are being filed in greater frequency with very little other than wording to differentiate them with other products, but broad enough to make sure the filing company can still sue someone else that makes a similar product. On top of that we have judges that are not qualified technically to preside over the cases they are being overwhelmed with. To say that the system is broken would be like calling a nuclear explosion a “bang”.

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Google and Samsung are doing something very interesting in regards to the ban that Jude Lucy Koh imposed at the request of Apple. As I am sure you all know Apple is claiming that Google and Samsung are violating their patent on universal search and are requesting that the phone be removed from stores in the US to prevent Apple from being irrevocably harmed (which is a very dubious claim). Originally Judge Koh had denied the request, but then did a complete 180 after an appeals court asked her to review the case again.

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animal farm-pigsWe have been critical of Judge Lucy Koh for seemingly biased views towards Apple in many of the patent cases that have crossed her bench. Most recently we were appalled to see her go from a stance of not enough evidence of irreparable harm to a full preliminary ban on sales of the Galaxy Tab. This has prompted more than one person to complain and also to question her ability to properly discharge her duties. Apparently more than a few people are feeling the same way as a petition to have her “impeached” and removed from her position.

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01There are times in the US Legal system when I wished there was a review body that could not only reverse bad decisions, but also levy fines and consequences for bad and obvious prejudicial judgments on the part of our justices in the US. If there were I have a feeling that Judge Lucy Koh would be exceptionally poor right about now. This is due to her recent judgments in granting injunctive relief in favor of Apple despite the lack of sufficient evidence that Apple is being injured or that the devices in question actually violate Apple patents.

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01Someone needs to send some of the Apple lawyers back to preschool where they find shapes that are the same and get to pick out colors as well. We are frankly getting sick of Judges bowing to Apple’s request for outright bans on products because they claim that they “look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging”. It simply does not hold up under even the most cursory examination. The latest after a ban on the Galaxy Tab 10.1 for possibly infringing on a SINGLE PATNET is they have been awarded one for on the Galaxy Nexus.

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qualcommTwo days ago we wrote an article about how NPE (Non-Practicing Entities) are hurting the economy and small businesses. Our article was based on a report that was put together by the Boston University School of Law which showed that the use of NPEs in patent lawsuits cost $29 Billion in direct costs. Despite this many companies are moving to this model as a method of protection from patent lawsuits. We have seen Microsoft and Nokia do this and it seems that Qualcomm is splitting their business into two entities now too.

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73Remember the Google V Oracle case? You know that one that had Oracle’s Larry Ellison (and his pack of lawyers) attempting to show how nine-lines of code made it possible for Google to meet a deadline? Oh you do remember, ok well when we left the story the Jury had made one important decision and half of another. They had agreed that Google did not violate Oracle’s Java patents at all while building Android, but in an earlier decision could not agree if APIs (Application Programing Interfaces) were protected under copyright. They did say that if they were, well then Google was guilty.

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