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While Apple (AAPL) and Microsoft complain about the use of standards-essential patents in the...
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Sunday, July 22, 2012, 11:42 PM ETWhile Apple (AAPL) and Microsoft complain about the use of standards-essential patents in the countersuits filed by Google (GOOG) and its Android partners, Google is now arguing some of Apple's software patents should be shared due to the widespread use of the technologies they cover. Meanwhile, Apple and Google are both appealing lawsuit dismissals from renowned U.S. Circuit Judge Richard Posner, who has been arguing software patents may do more harm than good.
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He once "adopted" a gorilla at Brookfield Zoo and was astounded to fine out that he shared his gorilla with hundreds of other people. His economic theory needed some shoring up after that. That gives one some sense of his enormous lack of understanding of practicality.
http://dthin.gs/MVYxkD
Google's letter, which predates Apple's by a week, is a confusing convoluted "kitchen sink" compilation of all Google's grievances. It is difficult if not impossible to follow. Apple, in reply, sticks to a couple of simple arguments, foremost of which is that competition in smart phones is based on "nonstandardized, product-differentiating technologies that drives the current marketplace and benefits consumers. And it is this competition that is threatened by abusive use of FRAND patents." For Google to imagine that Apple's proprietary technologies will ever be available to it is the height of lunacy.
Posner made a good ruling on FRAND but he is not an expert in patent issues. The Federal Circuit Court is quite patent friendly and we may see some reversals of other parts of his decision.