Really? Sigh. Really? Apple's lawsuit against Google is REVIVED

Stop us if you've heard this one before: Apple set to sue Android vendor


A US Federal Court has issued a ruling that will allow Apple and Motorola Mobility to assert certain patent claims against each other. The ruling also opens the door for Cupertino to try to seek a ban on sales of certain Android handsets.

While Google will be allowed to seek damages on any of the Motorola Mobility patents in question should they be found to be infringed, it will not be able to stop any sales of handsets that use the IP. This is linked to an earlier Moto pledge to license its “standards-essential” patents on reasonable terms.

The Federal Circuit Court of Appeals on Friday overturned (PDF) parts of a decision from a US Circuit Court judge which had prevented the two companies from engaging in a courtroom battle over allegations of infringement.

Apple originally filed the case in 2010, asserting that Motorola Mobility, then still a part of Motorola Inc, had infringed upon three of its patents relating to the design and operation of mobile devices. Motorola fired back with a counterclaim alleging that Apple had infringed six of its patents in its mobile devices.

The appeals court ruling puts three of Apple's patents and three of Moto's back into play.

Since the case began, Motorola found itself sold off twice, first to Google then later to Lenovo in a pair of multi-billion dollar deals.

The case was preparing to go to trial in 2012 when, in what some would argue to be a show of mercy, Judge Richard Posner struck down the entire case and dismissed both claims.

"Neither [party] has shown that damages would not be an adequate remedy … the parties have failed to present enough evidence to create a triable issue,” Posner said at the time.

The appeals court, however, did not agree with Posner and in an opinion published Friday allowed the matter to head back to court. The ruling overturns several findings and decisions which Posner had cited in claiming that neither side would be able to seek damages.

As a result, the two firms will be able to return to court and argue some of the claims and counterclaims in the matter.

The decision also affects Apple's other major patent case in the US – with Samsung. One of the three Apple patents from the Moto-Apple case is also being asserted in this one – and is hence back in play. Although Sammy and Apple's lawyers had been set to start closing arguments today, thanks to this new appeals court ruling, US district judge Lucy Koh has said that additional arguments related to Apple's "data-tapping" patent (5,946,647) can be presented. This means the whole process will be dragged out for even longer. ®


Other stories you might like

  • UK competition watchdog seeks to make mobile browsers, cloud gaming and payments more competitive
    Investigation could help end WebKit monoculture on iOS devices

    The United Kingdom's Competition and Markets Authority (CMA) on Friday said it intends to launch an investigation of Apple's and Google's market power with respect to mobile browsers and cloud gaming, and to take enforcement action against Google for its app store payment practices.

    "When it comes to how people use mobile phones, Apple and Google hold all the cards," said Andrea Coscelli, Chief Executive of the CMA, in a statement. "As good as many of their services and products are, their strong grip on mobile ecosystems allows them to shut out competitors, holding back the British tech sector and limiting choice."

    The decision to open a formal investigation follows the CMA's year-long study of the mobile ecosystem. The competition watchdog's findings have been published in a report that concludes Apple and Google have a duopoly that limits competition.

    Continue reading
  • Google: How we tackled this iPhone, Android spyware
    Watching people's every move and collecting their info – not on our watch, says web ads giant

    Spyware developed by Italian firm RCS Labs was used to target cellphones in Italy and Kazakhstan — in some cases with an assist from the victims' cellular network providers, according to Google's Threat Analysis Group (TAG).

    RCS Labs customers include law-enforcement agencies worldwide, according to the vendor's website. It's one of more than 30 outfits Google researchers are tracking that sell exploits or surveillance capabilities to government-backed groups. And we're told this particular spyware runs on both iOS and Android phones.

    We understand this particular campaign of espionage involving RCS's spyware was documented last week by Lookout, which dubbed the toolkit "Hermit." We're told it is potentially capable of spying on the victims' chat apps, camera and microphone, contacts book and calendars, browser, and clipboard, and beam that info back to base. It's said that Italian authorities have used this tool in tackling corruption cases, and the Kazakh government has had its hands on it, too.

    Continue reading
  • How refactoring code in Safari's WebKit resurrected 'zombie' security bug
    Fixed in 2013, reinstated in 2016, exploited in the wild this year

    A security flaw in Apple's Safari web browser that was patched nine years ago was exploited in the wild again some months ago – a perfect example of a "zombie" vulnerability.

    That's a bug that's been patched, but for whatever reason can be abused all over again on up-to-date systems and devices – or a bug closely related to a patched one.

    In a write-up this month, Maddie Stone, a top researcher on Google's Project Zero team, shared details of a Safari vulnerability that folks realized in January this year was being exploited in the wild. This remote-code-execution flaw could be abused by a specially crafted website, for example, to run spyware on someone's device when viewed in their browser.

    Continue reading
  • I was fired for blowing the whistle on cult's status in Google unit, says contractor
    The internet giant, a doomsday religious sect, and a lawsuit in Silicon Valley

    A former Google video producer has sued the internet giant alleging he was unfairly fired for blowing the whistle on a religious sect that had all but taken over his business unit. 

    The lawsuit demands a jury trial and financial restitution for "religious discrimination, wrongful termination, retaliation and related causes of action." It alleges Peter Lubbers, director of the Google Developer Studio (GDS) film group in which 34-year-old plaintiff Kevin Lloyd worked, is not only a member of The Fellowship of Friends, the exec was influential in growing the studio into a team that, in essence, funneled money back to the fellowship.

    In his complaint [PDF], filed in a California Superior Court in Silicon Valley, Lloyd lays down a case that he was fired for expressing concerns over the fellowship's influence at Google, specifically in the GDS. When these concerns were reported to a manager, Lloyd was told to drop the issue or risk losing his job, it is claimed. 

    Continue reading
  • Workers win vote to form first-ever US Apple Store union
    Results set to be ratified by labor board by end of the week

    Workers at an Apple Store in Towson, Maryland have voted to form a union, making them the first of the iGiant's retail staff to do so in the United States.

    Out of 110 eligible voters, 65 employees voted in support of unionization versus 33 who voted against it. The organizing committee, known as the Coalition of Organized Retail Employees (CORE), has now filed to certify the results with America's National Labor Relations Board. Members joining this first-ever US Apple Store union will be represented by the International Association of Machinists and Aerospace Workers (IAM).

    "I applaud the courage displayed by CORE members at the Apple store in Towson for achieving this historic victory," IAM's international president Robert Martinez Jr said in a statement on Saturday. "They made a huge sacrifice for thousands of Apple employees across the nation who had all eyes on this election."

    Continue reading
  • End of the road for biz living off free G Suite legacy edition
    Firms accustomed to freebies miffed that web giant's largess doesn't last

    After offering free G Suite apps for more than a decade, Google next week plans to discontinue its legacy service – which hasn't been offered to new customers since 2012 – and force business users to transition to a paid subscription for the service's successor, Google Workspace.

    "For businesses, the G Suite legacy free edition will no longer be available after June 27, 2022," Google explains in its support document. "Your account will be automatically transitioned to a paid Google Workspace subscription where we continue to deliver new capabilities to help businesses transform the way they work."

    Small business owners who have relied on the G Suite legacy free edition aren't thrilled that they will have to pay for Workspace or migrate to a rival like Microsoft, which happens to be actively encouraging defectors. As noted by The New York Times on Monday, the approaching deadline has elicited complaints from small firms that bet on Google's cloud productivity apps in the 2006-2012 period and have enjoyed the lack of billing since then.

    Continue reading
  • It's a crime to use Google Analytics, watchdog tells Italian website
    Because data flows into the United States, not because of that user interface

    Updated Another kicking has been leveled at American tech giants by EU regulators as Italy's data protection authority ruled against transfers of data to the US using Google Analytics.

    The ruling by the Garante was made yesterday as regulators took a close look at a website operator who was using Google Analytics. The regulators found that the site collected all manner of information.

    So far, so normal. Google Analytics is commonly used by websites to analyze traffic. Others exist, but Google's is very much the big beast. It also performs its analysis in the USA, which is what EU regulators have taken exception to. The place is, after all, "a country without an adequate level of data protection," according to the regulator.

    Continue reading
  • Google recasts Anthos with hitch to AWS Outposts
    If at first you don't succeed, change names and try again

    Google Cloud's Anthos on-prem platform is getting a new home under the search giant’s recently announced Google Distributed Cloud (GDC) portfolio, where it will live on as a software-based competitor to AWS Outposts and Microsoft Azure Stack.

    Introduced last fall, GDC enables customers to deploy managed servers and software in private datacenters and at communication service provider or on the edge.

    Its latest update sees Google reposition Anthos on-prem, introduced back in 2020, as the bring-your-own-server edition of GDC. Using the service, customers can extend Google Cloud-style management and services to applications running on-prem.

    Continue reading
  • Makers of ad blockers and browser privacy extensions fear the end is near
    Overhaul of Chrome add-ons set for January, Google says it's for all our own good

    Special report Seven months from now, assuming all goes as planned, Google Chrome will drop support for its legacy extension platform, known as Manifest v2 (Mv2). This is significant if you use a browser extension to, for instance, filter out certain kinds of content and safeguard your privacy.

    Google's Chrome Web Store is supposed to stop accepting Mv2 extension submissions sometime this month. As of January 2023, Chrome will stop running extensions created using Mv2, with limited exceptions for enterprise versions of Chrome operating under corporate policy. And by June 2023, even enterprise versions of Chrome will prevent Mv2 extensions from running.

    The anticipated result will be fewer extensions and less innovation, according to several extension developers.

    Continue reading
  • Google has more reasons why it doesn't like antitrust law that affects Google
    It'll ruin Gmail, claims web ads giant

    Google has a fresh list of reasons why it opposes tech antitrust legislation making its way through Congress but, like others who've expressed discontent, the ad giant's complaints leave out mention of portions of the proposed law that address said gripes.

    The law bill in question is S.2992, the Senate version of the American Innovation and Choice Online Act (AICOA), which is closer than ever to getting votes in the House and Senate, which could see it advanced to President Biden's desk.

    AICOA prohibits tech companies above a certain size from favoring their own products and services over their competitors. It applies to businesses considered "critical trading partners," meaning the company controls access to a platform through which business users reach their customers. Google, Apple, Amazon, and Meta in one way or another seemingly fall under the scope of this US legislation. 

    Continue reading

Biting the hand that feeds IT © 1998–2022