Judge Koh’s boss finds Rockstar’s scare tactics advance Apple’s interests against Android

“In the ongoing Apple v. Samsung II trial in the Northern District of California, Apple’s lawyers try hard to downplay Google’s role, though it’s blindingly obvious that Google is the true target of Apple’s second California lawsuit against Samsung,” Florian Müller writes for FOSS Patents. “Usually a twelve-mile drive (from Cupertino to Mountain View) is more convenient than a twelve-hour flight (from San Francisco to Seoul), but in this case, Apple seeks to benefit from the statistically-established bias of U.S. jurors against foreign companies. Also, the fact that Samsung sells actual devices is an opportunity for Apple to disingenuously make damages claims that run counter to its own, repeatedly-stated position on the proper royalty base for patent licenses and damages. The proper royalty base for Apple’s asserted patents in the ongoing trial is Google’s Android.”

“Maybe Apple’s counsel can fool a jury, but Apple for sure can’t fool Judge Koh’s boss,” Müller writes. “The Chief District Judge of the Northern District of California, Claudia Wilken, wrote in an order (handed down yesterday) that the Rockstar Consortium’s ‘scare the customer and run’ tactic advances Apple’s interest in interfering with Google’s Android business” and made various other findings relating to Apple’s anti-Google/anti-Android agenda.”

“Before I quote the entire Apple-related passage… I’d like to defend Apple to some extent here, or to at least give it the benefit of the doubt. I agree with Judge Wilken’s conclusion that Apple, since it contributed 58% of Rockstar’s funding and has strategic interests relating to Android, has created a situation in which Rockstar has continuing obligations to Apple — obligations to monetize those patents. However, the fact that Apple is (likely) a majority shareholder does not necessarily mean that Apple has a majority of the voting rights,” Müller writes. “It’s actually unlikely that Apple holds a majority of the votes: its partners are large players like Microsoft and Ericsson, who would hardly have accepted to be (collectively!) Apple’s junior partner in terms of control. And if my assumption is right and Apple does not have a majority, then it is possible that Apple participated in the Nortel patent-buying effort only to clear the market of those patents (so as to avoid that Google would use them against it) but perhaps never wanted Rockstar to go out and sue the world including non-smartphone companies like cable operators using Cisco equipment. Maybe Apple even voted consistently against litigation, but wasn’t able to singlehandedly prevent it from happening.”

Much more in the full article here.

41 Comments

  1. If it was possible to undo the Android monster, I would be all for it. It is stolen property and ought to not exist. That said, there is no way to get that cat back into a bag, so we are stuck in a post Android world, sadly.

        1. All this time I thought of Electro as a champion of modesty, benevolence, and harmony. How could I have missed the signals in his passive-aggressive humour? He is no better than the rest of us.

          1. You are right Hannah, I am no better than anyone else. I let a little of my childhood out with a silly joke. I have difficulty even fishing because I would have to kill the fish and I can’t stand it. I will strive to keep my humour more humane.

            No animals were harmed in the telling of this childish joke.

        1. “in all honesty”? Are you generally dishonest? I wasn’t aware that I asked for your evaluation of me but I hope you got what you needed to off your chest. Now, go and enjoy the rest of your life.

          This cat/dog thing was a common joke when I was a youngster. I guess it didn’t reach the UK.

  2. My brain hurts reading this on a markets are closed day. I ponder if Claudia has cashed the check from SamScum or is she just looking @ it on her bench. Need more coffee.

    1. Something clearly change in Mueller. I have never seen anyone flip so quick and so far without some force behind it. Maybe he fell off a building and hit his head. Maybe Samsung is holding his family hostage. Maybe his employer changed.

      What ever it is, he’s changed and is not worth posting on MDN anymore. His comments are so bias now he’s not worth the read as he has ZERO credibility and will NEVER get that back.

      1. Seriously! Someone should check and see if Mueller just bought a fancy new home, all decorated in Korean stylings, and has a top-of-the-line new Hyundai sitting in his garage, all courtesy of Samsung.

        His completely 180-degree flip on Apple seriously does *REEK* of a payoff. As 1Racer said, his credibility is now completely shot. Hope the payoff was worth it!

  3. Müller is being disingenuous by not going further to dispel Apple’s relationship with Rockstar Consortium (RC).

    RC sold off 2000 juicy patents to Apple and Microsoft after the bidding war and kept the remaining 4000 high quality patents in their portfolio, which they now use in litigation against those who would violate their holdings.

    The fact that RC is suing Google has nothing to do with Apple v. Samsung II unless of course Apple’s lawyers want to introduce further evidence of Google’s patent trespasses.

    1. Absolutely correct, and Müller is disingenuous himself by claiming that Apple’s damages claims against Samsung are disingenuous. Samsung is the company which made money by selling mobile phones that infringed upon Apple’s patents. While Google developed Android, Google also gave it away for free and is hoping to make money off of search revenue generated from Samsung (and others) sales.

      Apple’s claim for monetary damages and an injunction against the future sale of infringing products is against the company making and selling the handsets, making the money and thus interfering with Apple’s opportunity to sell an iPhone using Apple’s proprietary technology to that customer. Suing Google is a losing battle, because Google (except for its Nexus lines, which are not top sellers) sells no devices to consumers.

      Basically if Apple wins against Samsung, it will not only earn a huge payday in royalties it should have received, but it may ban sales of Samsung phones in the U.S., a huge high-end mobile phone market. And that decision can then be used to pressure other handset makers from infringing, or to more easily sue them (none of whom infringe on Apple to the degree Samsung does).

      1. Yes, Samsung made money by infringing Apple’s IP. But the real damage to Apple was the money and market share Samsung deprived Apple from taking, not to mention the costs and turmoil caused by jamming Apple’s production scale-up and its orderly introduction of new products. (And let’s not even start to talk about the toll all this has had on Apple’s share price…) The damage to Apple caused by Samsung/Google is far greater than the money Samsung made by selling its copied products.

        First, Samsung. Next, Google. I hope.

    1. Indeed. The pen may be mightier than the sword, but the sword comes in mighty handy in its own turn, authoring woe of its own in defence of what’s written.

            1. You are very clever. I like clever people and seek them out. What happened to the photo avatar? By the way, I think you might consider dropping the “Like I care” thing because I think you do care and you care a lot. It is better for us all if we care and take active part in life.

            2. ‘Like I care’ is a Mean Girls, toss-back-the-hair defensive rejoinder. That is still better than the original avatar which had a thought balloon saying ‘Find a life.’

              I couldn’t obtain permission to use the image of chess warrior Jennifer Shahade., so I revived my switchboard avatar. (I haven’t yet located a suitable Polgàr that doesn’t make me look fat. Magyar women are large boned compared to Irish maidens, mere waifs in comparison)

              The riddle was posed by the Mad Hatter and has no solution, though generations of idle armchair theorists have remained undeterred.

  4. “Apple seeks to benefit from the statistically-established bias of U.S. jurors against foreign companies.”

    Complete and utter bullshit! It is a cultural characteristic that Asian companies assert themselves and compete through the use of bluster, bluff, and threats when they feel they may lose face. Part of that mechanism is filing baseless lawsuits, which tend to be laughed out of court. It’s not that Asian companies and individuals are discriminate against in court, it’s that they tend to bring more worthless cases to court in the first place.

    The judge who wrote the article from which this incorrect assumption is drawn mistakes correlation with causation, which is a common amateurish mistake. Other judges are now taking that false assumption and running with it.

  5. Maybe Apple’s counsel can fool a jury, but Apple for sure can’t fool Judge Koh’s boss…

    OK Julien. You’ve more than jumped the shark. It’s way time you STFU and shut it all down. You’re out of your depth. You’re out of your mind.

    SHUT
    UP

    Either than or get back to simply providing the wonderful patent information you used to provide, without ANY asinine personal running commentary bullshit. Can you do that? I suspect not, because you are one whopping BURN OUT CASE.

  6. “Apple seeks to benefit from the statistically-established bias of U.S. jurors against foreign companies”

    I couldn’t agree more. Americans are noted for that. You can keep worshipping, what do you call it! Apple or whatever. The rest of the world will always prefer android based devices to the near useless iWhatever, lol

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