Patent at the core of Android interpreted in Apple's favor

Patent at the core of Android interpreted in Apple's favor
An interpretation of Apple's '263 patent has been made by United States Circuit Judge Richard A. Posner in a way that could lead to HTC being found guilty of infringing on the patent. That could be bad news for Android manufacturers as the technology covered by the patent is at the core of Android powered handsets. That means it is not a UI or hardware design that can be changed to workaround the patent.

HTC originally was found to have infringed on Apple's realtime API patent by an ITC Administrative Law Judge, but the 6 member ITC Commission reached a final decision on the ruling and reversed the ALJ. The final ruling was that HTC infringed on Apple's less important
"Data Detectors" patent and said it would be removed from the Taiwan based manufacturer's devices.

Apple appealed the ruling based on HTC's insistence that the word "realtime" used in the patent changed its meaning to one that could not be infringed upon by Android. Apple, meanwhile, went back to the days when it was developing the '263 patent and the use of it at Google by Android's top developer, Andy Rubin. Rubin's career, claimed Apple, started at the Cupertino based company where he was a low-level engineer who reported to the developers of the '263 patent at the time it was under development.

According to the order from Judge Posner, the '263 patent (which is the same as the Realtime API patent),"I therefore construe 'realtime application program interface' in claim 1 of the '263 patent to mean an 'API that allows realtime interaction between two or more sub-systems," which is exactly the interpretation that Apple wanted. According to Florian Mueller of FOSS Patents, with that interpretation, HTC could be found guilty by a jury of infringing on the patent, but less likely to find the patent invalid.

If it sounds like Android might have a major problem soon, Foss Patents' Mueller agrees saying that if an appeals court agrees with Judge Posner, major problems could be ahead for Android. And Mueller says that the ruling by the judge will carry more weight with the CAFC than the ruling by the 6 member ITC.

source: FossPatents via AppleInsider



1. Nickmfnjackson

Posts: 101; Member since: Jan 21, 2010

*ducks and covers*

34. anywherehome

Posts: 971; Member since: Dec 13, 2011

die Apple!!!! you are not able to compete so you are just able to sue for a rectangle... DIE!

44. deago78

Posts: 172; Member since: Oct 08, 2009

Well they do compete pretty well, but I understand why you're angry. It will be bad for everyone if this goes through. Dropping competition is never good.

2. HockeyDood

Posts: 80; Member since: May 14, 2010

Hold on to your butts....

3. clevername

Posts: 1436; Member since: Jul 11, 2008

Whoa...this could be bad.

4. cheetah2k

Posts: 2297; Member since: Jan 16, 2011

RAPI = API??? And this is what happens when you put technology on the stand to be judged by those not knowing WTF it all means..... What's most important about this determination is not Android - but what does it mean for Linux and the term "open source" in general????

5. Lucas777

Posts: 2137; Member since: Jan 06, 2011

i think u mean RAPI = APIR if u read the last part in quotes… and this judge graduated from yale undergrad and harvard grad so somehow i think he knows what he is talking about...

7. remixfa

Posts: 14605; Member since: Dec 19, 2008

can you tell me how graduating from a prestigious law school automatically makes you knowledgeable in tech and more importantly, in coding? Knowing how to interpret the law and knowing how to interpret similar codes are not the same thing.

10. Lucas777

Posts: 2137; Member since: Jan 06, 2011

basically i am demonstrating that by having an advanced degree in law from school such as those, he would be the most qualified to determine legally what terms mean as far as law goes.. maybe not in the tech world but in the legal world he would be the most qualified to interpret it

25. G2Noobin

Posts: 81; Member since: Dec 17, 2011

Unless he is bought out!! lmao you think people can't be bought! so innocent!

30. ardent1

Posts: 2000; Member since: Apr 16, 2011

It's also what he did after he graduated from Havard Law school. "Posner has been called "the world’s most distinguished legal scholar."[1] He is the author of nearly 40 books on jurisprudence, economics, and several other topics, including Economic Analysis of Law, The Economics of Justice, The Problems of Jurisprudence, Sex and Reason, Law, Pragmatism and Democracy, and The Crisis of Capitalist Democracy. The Journal of Legal Studies has identified Posner as the most cited legal scholar of the 20th century.[2] (source: Wikipedia)"

37. thinking

Posts: 130; Member since: Jan 19, 2012

None of those appear to be anything to do with technology.

42. rf1975

Posts: 264; Member since: Aug 01, 2011

Ok. leave him (Lucas 777). But if you need clarification from an expert look this link. I do not know weather Apple right or Rubin right. But If Rubin use this patent intentionally then its wrong. Because he was working on this 263 patent as a low level engineer. We will wait and see.

9. 14545

Posts: 1835; Member since: Nov 22, 2011

Unless it's a computer science degree from either one, I don't see how it's relevant where the F--- he graduated? A law degree is not the same as a science degree. And let the record show that I am in no way belittling his accomplishments, just discrediting an assertion that you made. Try again.

11. Lucas777

Posts: 2137; Member since: Jan 06, 2011

so he is not attempting to make a feat in technology.. he is making things into legal terms which i think he is qualified to do by going to such good schools and obviously receiving a good education

13. remixfa

Posts: 14605; Member since: Dec 19, 2008

bah, they all teach the same thing. i really doubt that you get that much better of an education between harvard and your local university. not enough to justify the expense though. its the experience and the ability to say you went to harvard that you are paying for. And again, no one is judging his law credentials. you are a lawyer before you are a judge normally. That doesnt mean he knows enough about electronics to make an informed judgement on the matter at hand. And thats the issue.

17. Lucas777

Posts: 2137; Member since: Jan 06, 2011

u really do get a better education, even if u dont believe it… there might not be a big difference between the ivys and say georgetown or ucla, but there is a bg difference between harvard and community college well if he wasnt informed enough, he would not be the person to make the decision then… i doubt he blindly made the decision.. but in my opinion, i would certainly want someone as qualified as him to make it rather than some other judge/lawyer who might not be as educated--as it appears this is a pretty big issue

23. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

District Court Judges make mistakes all the time. That is why there is an appeals court and ultimately the Supremes to review the appellate courts. This fight ain't over yet. Although we probably have the reason why Google paid $12+ Billion for Moto's patent portfolio.... Its called an insurance bet. Apple's tab for this fight is probably headed into the $200 million territory. Hey, why not drop $250 million on it. Then we can all be talking about a quarter billion pricetag. But this isn't even rounding error on a $90+ Billion pile of cash Apple has accumulated from screwing its partners employees or schoolkids around the country.

31. ardent1

Posts: 2000; Member since: Apr 16, 2011

And you wonder why Apple has all that cash for -- to defend themselves from people or companies who steal their ideas. There is a saying in life: The wheels of justice turn slowly, but grind exceedingly fine.

40. thinking

Posts: 130; Member since: Jan 19, 2012

steal their idea? You write a realtime API. I write another. They may do the same thing. What is the idea being stolen?

45. cnpthe3rd

Posts: 103; Member since: Feb 01, 2009

no apple has all that cash from stealing other peoples ideas and mostly from convincing the world that apple is better than anyone else and you will line up and drop down what ever amount of money we say and we will tell you what you want and you will be happy because we said so

47. parkwaydr

Posts: 572; Member since: Sep 07, 2011

and apple would not even exist today had jobs not have stolen from ibm.........

26. G2Noobin

Posts: 81; Member since: Dec 17, 2011

Can he not be bought or an avid iphone user?

41. thinking

Posts: 130; Member since: Jan 19, 2012

Have you a graduation from Harvard law and another law graduation? If not, how are you making that comparison?

32. ardent1

Posts: 2000; Member since: Apr 16, 2011

> bah, they all teach the same thing. No, they do NOT. remix, when you graduate from Havard with a law degree, then we might believe you -- right now, that degree is absent from your life and therefore you have little basis for your baseless assertion.

43. remixfa

Posts: 14605; Member since: Dec 19, 2008

did you graduate from harvard law? yea, i didnt think so. then you have just as little incite as i do, so shut yer trap. Here's a funny thing though. If you go to harvard or if you go to joe's local community law school, you have to pass THE EXACT SAME BAR EXAM. the information taught is the same. period. The degree from harvard just opens doors to big companies faster and looks nice on the wall.

38. thinking

Posts: 130; Member since: Jan 19, 2012

APi / realtime are not legal terms but technical programming terms.

39. thinking

Posts: 130; Member since: Jan 19, 2012

A "good school" does not automatically translate into good education. And it certainly does not translate into good education in an area you did NOT study there.

36. thinking

Posts: 130; Member since: Jan 19, 2012

undergrad and grad in what? Where is not a concern.

46. debsid

Posts: 2; Member since: Jan 30, 2012

I agree with you when you say that a judge dosent know much about technology, (since it is his job to judge what is presented to him by Liars Lawyers, but Android is not open source nor a pure Linux environment, it is "using" a Linux kernel with Java slapped on top, and malware accessing your private info. Tizen will be the new shift for Samsung, and other companies who are in the same google boat. The main reason for Samsung to shift to Tizen is because of Androids infringement to Apple Products (iPhony). Lawsuits are being sent to any manufacturer who infringes upon Apples software technology, according to the lawyers and judges (swayed & paid). Tizen is the way out since it is open source and the licensing falls under different terms than proprietary software, and is just as powerful since it is UNIX based! Just like iOS & Windows is (which are proprietary), but the only difference with Open Source is the user & community controls what the OS evolves to, not the greedy corporation!

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