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U.S. Judge Expresses Frustration at Apple's and Google's Use of Litigation as 'Business Strategy'
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I disagree more than agree ...being very general:
it makes sense for Samsung to stall any Apple litigation
- a stalled lawsuit is as good as not having a lawsuit (avoiding injunctions to your products)
it makes sense for Apple to stall any Motorola litigation
- One of the reasons Google bought Motorola is to protect Android - any Motorola wins can be used by other Android device makers.
Apple's best interest is to litigate Samsung (wanting a quick resolution), while holding off or stalling any rulings from Motorola litigation (so it cannot be leveraged by Samsung).
In this case it probably makes sense for Apple to 'drag their feet' for 4 months, forcing the Judge to hold true to his promise to put the case on hold.
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Geezus. People. Once again, you're all confusing patents with trademarks. The only way you can lose a patent is if it's contested in court, and found to either be too broad, too vague, or someone finds prior art. Otherwise, it's yours for 20 years.
Aww, the poor Judge is frustrated ... it's his job for **** sakes, if he doesn't like something quit whining about it and do something ...
Imagine how Apple feels having so many gutless tech corporations sit waiting and wondering to see what Apple will do and then do their best to copy it and ride the wave for free, bastardizing their ideas, violating patents along way.
Now that his frustration.
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Just imagine if you were granted numerous patents only to see companies steal your ideas. Your rant wouldn't be so shameful and juvenile would it?
Imagine how Apple feels having so many gutless tech corporations sit waiting and wondering to see what Apple will do and then do their best to copy it and ride the wave for free, bastardizing their ideas, violating patents along way.
Now that his frustration.
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Just imagine if you were granted numerous patents only to see companies steal your ideas. Your rant wouldn't be so shameful and juvenile would it?
I agree- but in Steve's defense, this WAS the SECOND time that something like this happened to him. It was Windows all over again...
Aww, the poor Judge is frustrated ... it's his job for **** sakes, if he doesn't like something quit whining about it and do something ...
Imagine how Apple feels having so many gutless tech corporations sit waiting and wondering to see what Apple will do and then do their best to copy it and ride the wave for free, bastardizing their ideas, violating patents along way.
Now that his frustration.
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Just imagine if you were granted numerous patents only to see companies steal your ideas. Your rant wouldn't be so shameful and juvenile would it?
I like your parodies
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I agree- but in Steve's defense, this WAS the SECOND time that something like this happened to him. It was Windows all over again...
What was like Windows all over again?
It's not just Apple/google, it's every single tech company. Litigation is becoming just as important as products and can earn the company more than actually selling anything. Think of the patent trolls - they have no product and their only source of possible income is from suing companies over products that may or may not even be valid in the first place. The trolls know to go to East Texas, where even the judges have financial connections to the trolls, so it's easy to get a good return.
Just imagine if you were granted numerous patents only to see companies steal your ideas. Your rant wouldn't be so shameful and juvenile would it?
Imagine how much more frustrating it must be for Apple to watch most of their better patents get voided one by one. Guess all those great, unique ideas they came up with weren't so great and unique after all.
I believe the issue many propose is the fact these companies (Google, Samsung, Apple) were granted so many [questionable] patents. I realize it's imperative for intellectual property to be protected in todays markets, however the courts are burdened with the fallout of so many patents being granted so readily for concepts that seem [relatively] difficult to determine if they should be granted, who deserves the patent based on circumstantial evidence and whether idea's such as those proposed deserve to be patented.
It's all very subjective material that needs sorting out. Personally, I believe too many patents were granted to too many companies, with antidotal evidence that such I.P. is attributed to any one corporate entity.
Aww, the poor Judge is frustrated ... it's his job for **** sakes, if he doesn't like something quit whining about it and do something ...
Imagine how Apple feels having so many gutless tech corporations sit waiting and wondering to see what Apple will do and then do their best to copy it and ride the wave for free, bastardizing their ideas, violating patents along way.
Now that his frustration.
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Just imagine if you were granted numerous patents only to see companies steal your ideas. Your rant wouldn't be so shameful and juvenile would it?
maybe MS should sue apple for copying the idea of a smartphone and tablet?
The problem is that what if your "idea" is "pressing button cause the action printed on the button to be performed."
If that was your idea I'd claim t was in fact NOT you who invented it but it was done 100 years ago. And then yu'd argue that was a metal button and the printing was in painted laters. So the world is not as clear as you'd think. Who's Idea was it?
It's become common to think that because Apple and Motorola/Google are suing each other, they're behaving as badly as each other.
That's baloney.
Motorola's patents were declared essential and they made a binding declaration to license them to anyone in a fair and non-discriminatory way. The phone standards were designed with that in mind (the fact that anybody could get a license on equal terms). Now that the standards are written and deployed all over the globe, nobody can make a cellphone without getting a license to those patents.
Motorola's now trying to go back on it's promise and is trying to extract a huge license fee from Apple. It's an illegal business practice that has already caused the FTC to slap Google down.
Apple's patents, OTOH, were never part of any standard. You can absolutely make a cellphone without infringing those patents. The Android OEMs chose to copy Apple's products and infringe their patents, hoping that they could illegally counter-sue with their declared-essential patents and drag on the process exactly like they are doing.
This is the Android OEM's plan - to confuse the issues until you think that they're just doing the same thing back to Apple as Apple's doing to them. In reality, there is a world of difference between how each side is behaving.
Apple would drop all the suits tomorrow if those OEMs stopped copying their patented features. The Android OEMs now can't stop, because what they're asking for is illegal (unfortunately that particular issue hasn't been adjudicated yet because these companies have over-declared patents to be essential when they really aren't; as such Apple hasn't been found to infringe any).
That's baloney.
Motorola's patents were declared essential and they made a binding declaration to license them to anyone in a fair and non-discriminatory way. The phone standards were designed with that in mind (the fact that anybody could get a license on equal terms). Now that the standards are written and deployed all over the globe, nobody can make a cellphone without getting a license to those patents.
Motorola's now trying to go back on it's promise and is trying to extract a huge license fee from Apple. It's an illegal business practice that has already caused the FTC to slap Google down.
Apple's patents, OTOH, were never part of any standard. You can absolutely make a cellphone without infringing those patents. The Android OEMs chose to copy Apple's products and infringe their patents, hoping that they could illegally counter-sue with their declared-essential patents and drag on the process exactly like they are doing.
This is the Android OEM's plan - to confuse the issues until you think that they're just doing the same thing back to Apple as Apple's doing to them. In reality, there is a world of difference between how each side is behaving.
Apple would drop all the suits tomorrow if those OEMs stopped copying their patented features. The Android OEMs now can't stop, because what they're asking for is illegal (unfortunately that particular issue hasn't been adjudicated yet because these companies have over-declared patents to be essential when they really aren't; as such Apple hasn't been found to infringe any).
I agree patents are being used in a totally wrong way in courts, but you should be able to have quick judgement when a company blatantly clones a product.
The patent system is the part that needs the overhaul to avoid this situation. The companies have both had their ideas stolen and are merely trying to keep others from sailing in with their clone.
I think copyright the code and leave it at that, patents should only be for physical solutions. Patents are being used in a totally misguided way.
Now put these rumours in a section that I never have to read!
The patent system is the part that needs the overhaul to avoid this situation. The companies have both had their ideas stolen and are merely trying to keep others from sailing in with their clone.
I think copyright the code and leave it at that, patents should only be for physical solutions. Patents are being used in a totally misguided way.
Now put these rumours in a section that I never have to read!
Good, I would trust what a Judge says WWWAAAAYYYYYYYYY more then anyone on here or this site itself, because he/ she will have REAL insight into what is happening.
And if this judge has made this statement, then it HAS got really bad and business are using some incredibly colluded business models.
Anyone remember those gigantic banks from a few years ago? The ones that were in London AND New York and pretty much bankrupted the planet, yeah they had real honest business plans too....
Business no matter who they are will do ANYTHING to get the edge including abuse the law on a regular basis.
I only hope that this nasty litigation model is soon stopped, although I think the courts can also be blamed for some of what has happened too.
And if this judge has made this statement, then it HAS got really bad and business are using some incredibly colluded business models.
Anyone remember those gigantic banks from a few years ago? The ones that were in London AND New York and pretty much bankrupted the planet, yeah they had real honest business plans too....
Business no matter who they are will do ANYTHING to get the edge including abuse the law on a regular basis.
I only hope that this nasty litigation model is soon stopped, although I think the courts can also be blamed for some of what has happened too.
I suspect this isn't an entirely accurate account. If the issues were just as clear as you say, then the case would have been resolved long ago. No matter how it started, clearly it has escalated steadily by way of a series of claims and counter-claims. These companies and their lawyers all give as well as they get. The result is rat's nest of cross-complaints.
The judge is instructing the companies to get back to the basics. Maybe this will favor Apple in the end, but that isn't why the judge has demanded simplification.
Steve lost control of himself. Something that strong, confident, powerful men don't do if they have class and style. There's more than one way to take care of business. By lashing out verbally, he's feeding the journalists and demonstrating he really is quite the narcissist.Just imagine if you were granted numerous patents only to see companies steal your ideas. Your rant wouldn't be so shameful and juvenile would it?
After all in big business... stealing, industrial espionage, and copying is rather routine. Most people don't hear about it because the CEO is not making a public spectacle of himself.
It's as simple as that. With the massive resources that Jobs had at his disposal he didn't need to come unglued. However with that said, the meek and meager are easily impressed with that kind of show. An adult temper tantum does impress a segment of the Apple camp.
Corporations are people too!
When the US made corporations people the people then went to court.
End of story!
When the US made corporations people the people then went to court.
End of story!
Great post!
Well said, nice to see a few people here actually get it.
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Can't sue for stealing an "idea".
What company turned the smartphone and tablet industry on its head?
Apple.
Eos.
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When did Steve lose control and make a public spectical of himself? I must of missed that. I know he got angry and made comments to his biographer for a book that would be published after his death. Lets not make things up here.
And how does Steve being pissed off at google and OEM's for slavishly copying Apple products make him a narcissist? Did you know Steve personally or just like running with your opinion and media spin?
He's not saying that, what he's getting at is that it's not about a legal issue but more about a business policy for the companies. hence the improper use of the court statement. If only more judges would take this stand we would see an end to litigation and all companies getting back to investing more in R&D instead of legal teams.
Citizens United did not do that (and hell, doesn't even mention the provision where that is applicable). That court precedent was established back in the 19th century with Santa Clara County v. Southern Pacific. Learn your court decisions before you run your mouth, you dumb sod...
Frankly, I don't see why the judge shouldn't just accept both their complaints and invalidate all the patents being litigated on both sides. That'll teach the ****s a lesson.