“In its litigations against Android, Apple is still on a quest for the Holy Grail in terms of a few patents that are broad enough to be powerful (to the extent that Android device makers would have to settle) but nevertheless able to withstand challenges to their validity,” Florian Mueller reports for FOSS Patents. “So far, those Apple patents on which any court rulings have come down are either broad but (likely) invalid or valid but too narrow to bring about settlements that would meet Apple’s strategic needs.”
“Without one or both of the above kinds of progress, Apple is neither able to defend the uniqueness of its products nor in a position to command significant license fees,” Mueller reports. “At this juncture, the patent that has, relatively speaking, the best prospects of singlehandedly securing victory for Apple — and the patent that probably scares the living daylights out of Google’s Android team — is the ‘touchscreen heuristics’ patent (whose inventors include Steve Jobs). In June, there will be trials at which Motorola and Samsung have to defend themselves against this one.”
Mueller reports, “In January, Judge Richard Posner, a legendary judge and legal scholar, provided a first analysis of that patent that was very much in Apple’s favor in its Chicago litigation with Motorola… On Thursday, March 29, Judge Posner entered his related order, which is a clear win for Apple over Motorola (and Android in general). Jury trials come with considerable uncertainty, but based on Judge Posner’s conclusions, Motorola will realistically be unable to avoid a finding of infringement and will have to come up with some really good invalidity arguments if it wants to avoid a disaster.”
Mueller writes, “Apple won in Chicago, Apple won at the ITC, and now Motorola and Samsung, and the Android ecosystem at large, face a serious threat. If Android devices can’t implement any of the gestures described [in the full article], they won’t be competitive.”
Read more in the full article here.
MacDailyNews Take:
I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this. – Steve Jobs
[Thanks to MacDailyNews Readers “Fred Mertz” and “Dan K.” for the heads up.]
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Apple’s thermonuclear war on Android – March 29, 2012
Judge Posner praises Apple’s claim constructions as ‘superior,’ calls Motorola proposal ‘ridiculous’ – March 14, 2012
Google ordered by judge to give Apple information on Android development – March 5, 2012
Legendary judge hands Apple key patent interpretation victory against Android – January 30, 2012
Steve Jobs: ‘I’m going to destroy Android, because it’s a stolen product; I’m willing to go thermonuclear war on this’ – October 20, 2011