FOSSPatents is quickly souring on Apple's patent litigation based on recent articles.
"...after Apple sent one of the named inventors on its "slide to unlock" '721 patent to the Wall Street Journal for a pretrial story, I figured that it was going to place particular emphasis on this patent because it's the easiest one of their patents-in-suit to explain and the one with which one can mislead a jury into believing that Samsung "copied" Apple's patents-in-suit.
But to me, after 3.5 years of following Apple's Android litigations on a cross-jurisdictional basis, "slide to unlock", an invention over which I attended more court hearings and trials than presumably anyone else on this planet, stands for quite the opposite of what Apple's trial counsel says and implies. The litigation track record of this patent, more than of any other, has over the years changed my perspective on Apple's Android lawsuits from "bullish" to "bearish". There comes a point when failure after failure is just too much, and I recognize that I had overestimated the leverage Apple could gain from its patents
... I think John Quinn absolutely nailed it when he said that Apple is trying to win from the jury in that San Jose courtroom what it has lost in the marketplace. "
"... the most important concern here is that Apple has now been suing Android device makers (initially HTC, a dispute that was settled in 2012; Motorola since 2010 and Samsung since 2011) for 49 months. Yes, 49 months ago to the day, Apple filed its first Android lawsuit, and Steve Jobs, who called this a "holy war" in an internal email and according to his official biography was prepared to "go thermonuclear war", said the following:
"We can sit by and watch competitors steal our patented inventions [...] [C]ompetitors should create their own original technology, not steal ours."
The same Steve Jobs said in an interview you can see on YouTube that good artists copy and great artists steal and that Apple had, in his opinion at the time, stolen shamelessly from others.
If you change mind on copying and stealing and want to wage a holy war, you need thermonuclear patents. And if you accuse others of "stealing", you firstly need to prove that you own what you say they steal.
Steve Jobs regarded Android (according to his biography) as a "stolen product". If Larry Ellison (Oracle's CEO) said so, I could understand it.... If Oracle subsequently overcomes Google's fair use defense (through a judgment as a matter of law or a new trial), then we have a case of theft. ... Anyway, in 49 months of Apple litigation over Android, not a single line of copied Apple program code has been discovered. (Yes, Android uses different programming languages than Objective C, but not even a translation of Apple program code to other programming languages ever showed up.)
After 49 months of holy, supposedly-thermonuclear war and in light of Apple's counsel claiming that Apple could have taken 50 patents to this trial and proved that Samsung infringes all of them, I can't see, with the sole exception of "rubber-banding", a single feature -- and I mean something that people would describe as a feature in a few words, not a small aspect of one feature -- of which Apple has proven in court that it can prevent Android device makers from delivering it to their customers in a way that provides great functionality and an uncompromised user experience."
A few days ago ErictheHalfBee commented that Florian calls them as he sees them when I mentioned the possibility that Mueller might not come down on Apple's side as firmly in this newest patent case.
It looks as tho that's coming to pass. AI has normally been quick to quote FOSSPatents opinion on Apple/Samsung court skirmishes. Note he's gone completely unmentioned by them the past week tho several Mueller blog/s have posted.Edited by Gatorguy - 4/2/14 at 5:40am