Greg's bite: Apple sues and gets sued again
TweetFollow Us on Twitter

Greg's bite: Apple sues and gets sued again

By Greg Mills

Anyone who reads a lot about Apple and the tech world run into articles regarding lawsuits over various patents, trademarks and other legal issues between the major tech players. One of the boiler plate lines in standard incorporations papers is the line that the new corporations can "sue and be sued." As a legal "person" corporations can be sued for the things they do or fail to do, especially performing or not preforming contractual duties. Corporations can also own real property and "intellectual property".  

Intellectual property amounts to ideas that are protected by law, such as patented inventions, copyrights, trademarks and the like. To understand the current legal bluster from Apple, one needs to recall the history of the company and the long running and bitter battle Apple fought with Microsoft over the look and feel of the Mac OS, which Bill Gates famously "used" to create Windows 1.   

Despite a non-disclosure agreement he signed, Gate was "inspired" by the Mac OS look and feel and adapted and appropriated elements of the Mac into Windows. Steve Jobs was rightly furious. Gates was to create software to run on the new Mac OS, not copy its features for a new graphic user interface PC OS.  

Apple and Microsoft fought it out in court for years before settling out of court some years later.  Both had spent a bundle and were tired of fighting. Gates agreed to loan Apple some much needed money and Jobs threw in the towel and the legal battle was over. The lessons learned were that the legal side of the company was critical, and Apple beefed up its cadre of attorneys of all stripes and became known for busting any little infringement of anything Apple considers its own.

Yesterday I noticed a neat little USB hub, shown in online stories, that when hooked up to a hot USB cable lights up a white Apple logo in the middle of the device. Amazingly, the logo is exactly an Apple trademark protected logo. To expect that Apple also noticed, and its attorneys are beating a path to the door of the company that launched the device would be an understatement. Apple has become known for coming down like a ton of bricks on infringers.

Recently Apple lost a dispute in the International Trade Commission where Apple tried to stop HTC and Nokia from importing cell phones into the Untied States that Apple contends are knock-offs of its iPhone. Incredibly, while not really ruling on the merits of Apple's case, the economic disaster to HTC and Nokia were the issue. The ruling isn't binding in court, but it was an attempt by Apple to quash competition that was using Apple's technology. The courts are much less likely to overcome actual infringement over economic hardship issues claimed by the infringer.       

I saw a chart of the tech industry companies represented with blocks for each company and arrows that connected them together as to who is suing whom. It reminded me of a plate of spaghetti.  

Intellectual property suits fall into distinct categories.  

There is the patent troll suit. This is where someone filed a general patent that loosely covers a lot of ground and yet somehow was granted by the Patent Office. Keep in mind that just because the Patent Office grants a patent doesn't mean the patent is valid. When sued by someone trying to get a bite of the Apple unfairly, the first line of defense is for Apple to claim the patent isn't valid. Apple will claim the patent is obvious and thus not valid in court. That sometimes works, and a judge will agree and throw the case out and Apple wins. Sometimes the case is settled out of court as a nuisance abatement settlement and Apple figures a few bucks on settling is a bargain compared to spending a fortune in court.  

Sometimes the supposedly infringed patent is considered valid over Apple's objections, then Apple will claim they didn't infringe on it in the first place. This also sometimes works. Apple will try to show that the intent of the patent is to protect something else and shouldn't apply to the situation being contested. That is often the case, and if the court narrowly construes the invention, that works. Other times the wildly broad claims of an irrelevant patent are upheld and Apple can either appeal or pay up. Apple can certainly appeal with 60 billion dollars in the bank.  

Sometimes Apple sues when they discover other companies have released products that infringe on Apple technology. A federal lawsuit is then filed, and the infringer can stop selling the device or face Apple in Federal Court ... someday, a few years and a few hundred thousand dollars of legal fees down the line.

Sometimes Apple was aware or unaware of a valid patent they needed to infringe, and they go ahead and use the patented concept. In this case Apple might be more willing to settle if they think they are unlikely to beat the case in court. The reasonableness of the settlement then becomes the issue.

As I have noted in this space previously, the Federal patent infringement lawsuits Apple dropped on the desk of all the companies that are manufacturing Android handsets are critical and will either kill Android or allow that platform to continue with modifications of features that are too close to Apple's iPhone and iPad.   

The touch screen interface Apple introduced is worth a bundle, and there are many patents covering every aspect of that interface. When Steve Jobs introduced the iPhone he stated that Apple covered every aspect of the iPhone and would vigorously defend their invention in court.  Those Android handset law suits are the first salvo in what will become a major legal battle over ownership of the smartphone industry.  

Apple, Google, RIM, Nokia and others are very interested in obtaining a portfolio of patented owned by Nortel. That portfolio consists of roughly 1,000 patents owned by Nortel Networks, who went bankrupt. The cell phone patents up for auction are like a hand full of aces in a poker game. In Federal court holding aces is very helpful.

Google has the most to gain from owning the Nortel patents, since it has far fewer cell phone patents than the other major players. Apple has a lot more cash in the bank and holding all those additional patents may be worth the money as killing Android is the key to owning the smartphone market Apple pioneered with iPhone.  

Apple has the technology, parts supply, R&D, market, software and momentum to own the touch screen smartphone and tablet market. Time will tell how well all this works out for Apple. The legal battle over the Android platform intellectual property is going to define smart phones and tablet computers for years to come.  Remember this main point: if Apple can kill Android off, the rest of the industry isn't anything to worry about.  

That's Greg's Bite for today.

(Greg Mills is currently a graphic and Faux Wall Artist in Kansas City. Formerly a new product R&D man for the paint sundry market, he holds 11 US patents. Greg is an Extra Class Ham Radio Operator, AB6SF, iOS developer and web site designer. He's also working on a solar energy startup using a patent pending process for turning waste dual pane glass window units into thermal solar panels used to heat water see: www.CottageIndustySolar.com Married, with one daughter, Greg writes for intellectual property web sites and on Mac/Tech related issues. See Greg's art web site at http://www.gregmills.info He can be emailed at gregmills@mac.com )

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

Latest Forum Discussions

See All

Top Mobile Game Discounts
Every day, we pick out a curated list of the best mobile discounts on the App Store and post them here. This list won't be comprehensive, but it every game on it is recommended. Feel free to check out the coverage we did on them in the links... | Read more »
Price of Glory unleashes its 1.4 Alpha u...
As much as we all probably dislike Maths as a subject, we do have to hand it to geometry for giving us the good old Hexgrid, home of some of the best strategy games. One such example, Price of Glory, has dropped its 1.4 Alpha update, stocked full... | Read more »
The SLC 2025 kicks off this month to cro...
Ever since the Solo Leveling: Arise Championship 2025 was announced, I have been looking forward to it. The promotional clip they released a month or two back showed crowds going absolutely nuts for the previous competitions, so imagine the... | Read more »
Dive into some early Magicpunk fun as Cr...
Excellent news for fans of steampunk and magic; the Precursor Test for Magicpunk MMORPG Crystal of Atlan opens today. This rather fancy way of saying beta test will remain open until March 5th and is available for PC - boo - and Android devices -... | Read more »
Prepare to get your mind melted as Evang...
If you are a fan of sci-fi shooters and incredibly weird, mind-bending anime series, then you are in for a treat, as Goddess of Victory: Nikke is gearing up for its second collaboration with Evangelion. We were also treated to an upcoming... | Read more »
Square Enix gives with one hand and slap...
We have something of a mixed bag coming over from Square Enix HQ today. Two of their mobile games are revelling in life with new events keeping them alive, whilst another has been thrown onto the ever-growing discard pile Square is building. I... | Read more »
Let the world burn as you have some fest...
It is time to leave the world burning once again as you take a much-needed break from that whole “hero” lark and enjoy some celebrations in Genshin Impact. Version 5.4, Moonlight Amidst Dreams, will see you in Inazuma to attend the Mikawa Flower... | Read more »
Full Moon Over the Abyssal Sea lands on...
Aether Gazer has announced its latest major update, and it is one of the loveliest event names I have ever heard. Full Moon Over the Abyssal Sea is an amazing name, and it comes loaded with two side stories, a new S-grade Modifier, and some fancy... | Read more »
Open your own eatery for all the forest...
Very important question; when you read the title Zoo Restaurant, do you also immediately think of running a restaurant in which you cook Zoo animals as the course? I will just assume yes. Anyway, come June 23rd we will all be able to start up our... | Read more »
Crystal of Atlan opens registration for...
Nuverse was prominently featured in the last month for all the wrong reasons with the USA TikTok debacle, but now it is putting all that behind it and preparing for the Crystal of Atlan beta test. Taking place between February 18th and March 5th,... | Read more »

Price Scanner via MacPrices.net

AT&T is offering a 65% discount on the ne...
AT&T is offering the new iPhone 16e for up to 65% off their monthly finance fee with 36-months of service. No trade-in is required. Discount is applied via monthly bill credits over the 36 month... Read more
Use this code to get a free iPhone 13 at Visi...
For a limited time, use code SWEETDEAL to get a free 128GB iPhone 13 Visible, Verizon’s low-cost wireless cell service, Visible. Deal is valid when you purchase the Visible+ annual plan. Free... Read more
M4 Mac minis on sale for $50-$80 off MSRP at...
B&H Photo has M4 Mac minis in stock and on sale right now for $50 to $80 off Apple’s MSRP, each including free 1-2 day shipping to most US addresses: – M4 Mac mini (16GB/256GB): $549, $50 off... Read more
Buy an iPhone 16 at Boost Mobile and get one...
Boost Mobile, an MVNO using AT&T and T-Mobile’s networks, is offering one year of free Unlimited service with the purchase of any iPhone 16. Purchase the iPhone at standard MSRP, and then choose... Read more
Get an iPhone 15 for only $299 at Boost Mobil...
Boost Mobile, an MVNO using AT&T and T-Mobile’s networks, is offering the 128GB iPhone 15 for $299.99 including service with their Unlimited Premium plan (50GB of premium data, $60/month), or $20... Read more
Unreal Mobile is offering $100 off any new iP...
Unreal Mobile, an MVNO using AT&T and T-Mobile’s networks, is offering a $100 discount on any new iPhone with service. This includes new iPhone 16 models as well as iPhone 15, 14, 13, and SE... Read more
Apple drops prices on clearance iPhone 14 mod...
With today’s introduction of the new iPhone 16e, Apple has discontinued the iPhone 14, 14 Pro, and SE. In response, Apple has dropped prices on unlocked, Certified Refurbished, iPhone 14 models to a... Read more
B&H has 16-inch M4 Max MacBook Pros on sa...
B&H Photo is offering a $360-$410 discount on new 16-inch MacBook Pros with M4 Max CPUs right now. B&H offers free 1-2 day shipping to most US addresses: – 16″ M4 Max MacBook Pro (36GB/1TB/... Read more
Amazon is offering a $100 discount on the M4...
Amazon has the M4 Pro Mac mini discounted $100 off MSRP right now. Shipping is free. Their price is the lowest currently available for this popular mini: – Mac mini M4 Pro (24GB/512GB): $1299, $100... Read more
B&H continues to offer $150-$220 discount...
B&H Photo has 14-inch M4 MacBook Pros on sale for $150-$220 off MSRP. B&H offers free 1-2 day shipping to most US addresses: – 14″ M4 MacBook Pro (16GB/512GB): $1449, $150 off MSRP – 14″ M4... Read more

Jobs Board

All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.