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Google and Apple CEOs Are Meeting For Behind-The-Scenes Patent Talks

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by Ed Caggiani on
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The Patent Wars of 2012 already claimed one victim to the tune of $1.05 billion, and they don’t seem to be stopping any time soon. Now it seems it’s time to get the grown-ups involved. According to reports from Reuters, Google CEO Larry Page and Apple CEO Tim Cook have been conducting closed-door meetings about patents, intellectual property issues, and other things CEO’s talk about.

Apparently, the two head-honchos already had a phone talk last week, and talks at lower levels are also occurring between the companies. More talks between Page and Cook are expected in the coming weeks, but a Friday appointment has apparently been postponed to an unknown date, and for unknown reasons, though it could just be scheduling conflicts.

We’re not sure exactly what the talks involve, but one source has speculated that it could be the beginning of a truce about the disputes over basic features and functions in Android. I would tend to think these two would more likely talk at a higher level, discussing a possible broad settlement, rather than getting bogged down in the minute details of every issue. One thing’s for certain, though. The majority of their differences revolve around the rapidly growing mobile space, which is obviously of crucial important to both companies.

I, for one, applaud the intent of these discussions, and hope it can bring an end to all the litigation, which is only good for the lawyers involved. Will it bear fruit? I hope so, but I’m not holding my breath.

source: reuters

Kirby Ferguson On Music, Apple And Android: “Everything Is A Remix”

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by Roy Alugbue on
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In the spirit of the recent jury verdict in favor of Apple… and the subsequent follow-up opinions regarding the matter, it’s only fitting that we hear other individuals give their two cents regarding the idea of patents and true innovation. In the TEDTalks (Technology, Entertainment and Design Talks) video podcast, Everything Is A Remix founder Kirby Ferguson offers some perspective on the idea of true innovation. He believes music is evolved by copying and transforming melodies, combining them with new lyrics or more specifically, transforming old lyrics with an artists’ perspective and spin. He cites famed folk/pop singer Bob Dylan who used works from other singers such as Paul Clayton. More importantly, Ferguson highlights that two-thirds of Dylan’s earlier melodies in his music are “borrowed”. You’d imagine that artists would have a hard time accepting their work is “borrowed” by other artists, but not-so-fast— it isn’t the case. Here’s another famed artist Woodie Guthrie offering his perspective on items like lyrics and melodies in borrowed music:

 

“The words aren’t the important thing. Don’t worry about tunes. Take a tune, sing high when they sing low, sing fast when they sing slow, and you’ve got a new tune”.

 

So with that concept in mind, Ferguson uses additional time to criticize Apple for not applying the “everything is borrowed” perspective for its products. He highlights the hypocrisy of American and international copyright and patent laws are built to counter the ability to previously use the work of others. Moreover, he cites multi-touch that was introduced in the original iPhone as an example. While Apple did indeed “patent” the technology, Ferguson highlights an example of the technology used by Jeff Han one year earlier and even highlighted the technology “wasn’t completely new” when he put it on display at a conference. This is fitting because Steve Jobs even admits in 1996 that even Apple “steals ideas”— with multi-touch being the most famed example… except it’s acceptable for Apple because you know— Android is a stolen product and all.

The video podcast is certainly an interesting one, so be sure to hit the break in order to check it out in all its entirety.

» Read the rest

ITC rules Apple did not violate Motorola wifi patent, case headed back to courtroom

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by Jeff Causey on
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Folks in Cupertino and Apple fans around the world are surely in a good mood going into this weekend with the recently announced results of the Apple v Samsung trial in which Apple has prevailed (at least for now). More good news for Apple came out of the ITC today in determining that Apple had not violated a Motorola patent on some wifi technology. The ITC commission also exonerated Apple with regard to two other patents.

An ITC judge had originally ruled in Motorola’s favor and Apple was facing a ban of their devices had the commission’s review not gone in their favor. The possibility of a ban still exists as the case has been sent back to the original judge for a new review regarding the possibility that Apple violated a non-standards-based patent. This will effectively “reset” the case, so it will likely drag on for at least another year. In the meantime, Motorola has started a new action against Apple alleging more patent violations.

source: Engadget

Samsung vs Apple Patent case slowly coming to a close as jurors begin deliberations

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by Macky Evangelista on
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With testimony finally being finished for both sides just a couple of days ago, jurors for the Samsung vs Apple patent case have now begun deliberation, thus this lengthy clash between the two titans is now starting to come to an end. This federal trial has lasted over 3 weeks (seems longer, doesn’t it?), and now this multi-billion dollar patent infringing case rests in the hands of 9 people (7 men and 2 women). Remember, Apple is trying to prove that Samsung ripped off the designs of the iPhone and iPad with their successful Android devices such as the Galaxy S and Galaxy Tab 10.1.

With so much money at stake, not to mention the implications this has in the mobile industry market, we should not expect a quick decision from these jurors anytime soon. According to Professor Mark P. McKenna of the University of Notre Dame Law, “This case has huge implications, it could result in injunctions against both companies.”

I know most of you are probably wondering how these jurors will make such a huge decision that could massively affect Samsung. First off, the judge has to read a 109 page set of instructions intended for the jury, as as they make their decision, jurors must fill out a 20 page form that includes dozens of “check-off” boxes. According to experts, this 20 page form that the jurors must fill out are “crazy” and “incredibly complicated.” Needless to say, these jurors have a lot of work ahead of them. Secondly, the jurors have several smartphones and tablets at their disposal in the jury room to further help them from determining whether certain patents were indeed infringed upon or not.

» Read the rest

Details emerge in Motorola’s new patent lawsuit against Apple

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by Jeff Causey on
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Last Friday Google’s Motorola Mobility unit filed a new lawsuit against Apple alleging a variety of patent infringements. Filed with the U.S. International  Trade Commission (ITC), Motorola is seeking a ban on imports of most of Apple’s product portfolio. Any device that “utilize(s) wireless communication technologies to manage various messages and content” is covered by the lawsuit. This covers not just mobile devices like iPads and iPhones, but computer devices like the iMac or MacBook Pro as well.

The ITC made the full complaint available on-line so we are now able to review which seven patents Motorola is claiming Apple has infringed upon: » Read the rest

Google’s Pablo Chavez Believes Current Software Patent Model May Not Promote Innovation

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by Roy Alugbue on
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Tired of all these issues involving software patents? Well luckily, you’re not alone— even high-ranking officials at prominent companies are sick too. While speaking at the Technology Policy Institute conference, Google Public Policy director Pablo Chavez states:

 

“One thing that we are very seriously taking a look at is the question of software patents, and whether in fact the patent system as it currently exists is the right system to incent innovation and really promote consumer-friendly policies.”

 

Chavez certainly has reasoning for this too. As of now, Google has been involved in long-standing disputes against other tech heavyweights such as Apple and of course, the not-so-friendly Oracle. Oh and don’t forget patent trolls and patent bullies like the infamous and generally disliked Lodsys. The current software patent model doesn’t make sense and is not uniform in something like medicine-related patents. To support his notion, Chavez believes software patents can be differentiated from patents in areas such as medicine because a:

 

“Lot of structural differences between that industry and the software industry. With that in mind, we are starting to brainstorm longer-term solutions.”

 

Chavez’s reasoning certainly isn’t too unreasonable, especially since there are other experts who you know— share the same sentiment.

source: CNet

Judge Lucy Koh Wants Apple & Samsung To Talk It Out Soon, Argues “It Is Time For Peace”

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by Roy Alugbue on
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As the Apple & Samsung case winds down, Judge Lucy Koh sought one last ditch effort in order to get the executive heads to try and make peace before the final decisions where handed to a jury because after all, she “sees risks here for both sides”. While the lawyers asserted each CEO would attempt to talk (again), most patent lawyers believe it’s not likely. Florian Mueller, an intellectual property consultant believes “think this dispute isn’t ripe for a settlement” because Mueller agrees with Judge Koh and argues both sides have too much at stake in the case.

Hopefully the CEOs do end up coming together and resolving this issue once and for all. It’s time to focus on development on innovative products now— not bickering and name slander. Like Judge Koh says, “it is time for peace”.

source: WSJ

Motorola Avoids U.S. Import Ban Of Smartphones & Tablets

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by Roy Alugbue on
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Looks like Motorola Mobility has recently been proactive in avoiding a ban of the imports of its various devices. According to reports, there was a recent International Trade Commission ruling that specified certain MOTO devices infringed on technology that makes it possible for MOTO device users to use the devices in order to generate meeting requests and schedule gatherings. The devices named are: the Atrix, Backflip, Bravo, Charm, Cliq, Cliq 2, Cliq XT, Defy, Devour, Droid 2, Droid 2 Global, Droid Pro, Droid X, Droid X2, Flipout, Flipside, Spice and the Xoom tablet. While Apple immediately comes to mind for most Android users, it’s actually Microsoft who believes MOTO infringed on certain patents, as highlighted by spokeswoman Becki Leonard:

 

“While we can’t share specific details, we have employed a range of proactive measures to ensure there is no continuing infringement under the ITC’s interpretation of this single Microsoft patent”.

 

For those of you unfamiliar, here’s a quick rundown to help refresh your memory: Microsoft accused Motorola Mobility of infringing nine patents in a complaint filed in October 2010. Both companies ended up in a quiet, but significant legal battle in which MOTO was found not guilty on infringement of all but one of the patents. Fast-forward to May and we find the ITC ruled that Motorola Mobility infringed on the one patent, which leads us to MOTO now trying to avoid a ban of imports for its different devices.

The infringement claim is indeed a serious one, MOTO at least knew there was an easy workaround in order to keep its devices on retailers’ shelves. The main option is simply removing the meeting-scheduling technology from its smartphones and tablets since Microsoft originally believed MOTO should have licensed the technology.

source: Latinos Post

 

 

Judge Richard Posner: There Are Too Many Patents In America

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by Roy Alugbue on
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Tired of all these various conflicts involving patents here in the U.S.? Well, you’re not alone. After dismissing a frivolous suit from Apple against Motorola and expressing his unhappiness on the matter shortly after, Judge Richard Posner recently wrote an opinion expressing his complete and utter disdain of the U.S Patent system. Posner argues:

“With some exceptions, US patent law does not discriminate among types of inventions or particular industries. This is, or should be, the most controversial feature of that law. The reason is that the need for patent protection in order to provide incentives for innovation varies greatly across industries.”

Posner believes there are indeed industries out there that serve as examples of actually needing patent protection— he names the pharmaceutical industry as the “poster child” for patent protection. The sole reason the pharmaceutical industry would need protection? Posner specifically argues “the invention of a new drug tends to be extremely costly–in the vicinity of hundreds of millions of dollars”. Conversely, there are “few industries that resemble pharmaceuticals” and “the cost of invention is low”, generally speaking. In fact, Posner adds “the product will be superseded soon anyway, so there’s no point to a patent monopoly that will last 20 years” and “most industries could get along fine without patent protection”. Looking at the bigger picture, Posner feels a patent:

“blocks competition within the patent’s scope and so if a firm has enough patents it may be able to monopolize its market” .

Posner doesn’t offer a specific solution, but he does outline a few preventative measures to fight defensive patents and patent trolls (we’re looking at companies like you Lodsys!). He cites examples like reducing patent terms for certain industries and completely eliminating jury trials by expanding the authority and procedures of the Patent and Trademark Office to make it the trier of patent cases. Nevertheless, Posner believes the problems and solutions of patents “merit greater attention than they are receiving”.

source: The Atlantic
via: The Verge

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