Trouble in Android land.

The United States Patent and Trademark Office has upheld a key Apple multitouch patent, the so called ’949 or Steve Jobs patent, which basically patents all multitouch gestures.

I believe that Sony, Nokia, and a few others have taken a license from Apple for using this technology, and they should be ok, but this is a serious setback for Google, Motorola, Samsung, et al, and it appears to be a final ruling.

Googlerola wants Apple to pay 12 times more for it’s SEP’s than others.

Florian Mueller for FOSS patents:

The most interesting economic information is that Motorola, according to the brief, “demand[s] that Apple take a license at a rate that was more than 12 times what Motorola was charging other licensees for the same technology–a rate that was unfair, unreasonable, and decidedly discriminatory”. The public version of the brief obviously does not contain any such thing as a list of various Motorola license deals. But it becomes clearer and clearer that Motorola’s 2.25% demand is unrealistic and not supported by the deals it actually concluded. Apple says that the demand, corresponding to about $12 per iPhone, “was more than 12 times what Apple was already paying to license Motorola’s SEPs”, apparently referring to what Apple was paying indirectly through the use of Motorola-licensed baseband chips.

From Apple’s opening brief in this appeals case:

Motorola has sued Apple in various forums for infringement of eight SEPs (presumably, its eight strongest SEPs) and is batting 0-for-8 in establishing liability in U.S. actions.

Don’t be evil, Google.

Google’s reality distortion field.

Wow, Larry Page, CEO of Google, sure does live in a bubble…

Page expects his employees to create products and services that are 10 times better than the competition

Ok…name one.

…it’s hard to find actual examples of really amazing things that happened solely due to competition. How exciting is it to come to work if the best you can do is trounce some other company that does roughly the same thing?

Truth. Look at all the me-too’s like Android, cheap tablets, “Ultrabooks”, plastic smartphones…hey, what ever happened to Google TV, Wave, et al.?

You may say that Apple only does a very, very small number of things, and that’s working pretty well for them. But I find that unsatisfying.

125 billion. In cash. And counting. And they work. As advertised. Much like the Cube…oh wait…

A great deal of my effort is spent making sure that we have a great user experience across our core products. Whether you’re in Chrome or Search or Gmail, it’s just Google, with one consistent look and feel. It’s not a good user experience if there are 50 different ways to share something. That requires integration.

See what I mean? RDF. He’s talking like he is the CEO of Apple.

On Steve Jobs’ “thermonuclear” comment:

How well is that working?

12.5 billion for Motorola. Not a single substantial case won against Apple, but many lost. ITC/EU investigations. FTC pledge to withdraw all FRAND/SEP litigation. Countless failures in court for Google and it’s partners. I’d say it’s working pretty well Larry….

Android has been very successful, and we’re very excited about it.

Really? Still making more money off iOS than Android…

Read the rest at the link above…if you must.

Google agrees to license SEP-patents to rivals.

So much for that one bullet that can kill…

Google, having been under investigation by the US FTC, has agreed to license it’s SEP-patents under FRAND terms to it’s competitors. Furthermore, Google will not seek injunctions to block rivals from using patents essential to key technologies.

12,5 billion…that’s all I’m saying.

Apple and HTC settle all patent litigation

Apple has announced that it has settled all patent litigation with HTC. All lawsuits will be dropped, and the licensing deal is for 10 years, covering all current and all future patents by the two companies.

The terms remain confidential – but I’m sure they’ll leak eventually, at least in part.

So, it seems pretty much everybody but Google, Motorola, and Samsung have settled with Microsoft, and now Apple.

FTC recommends suing Google over FRAND patent abuse

The FTC staff has made a recommendation to it’s commissioners to sue Google for violation of antitrust laws, because of Google’s attempt to block sales of competitors products with standard-essential patents.

AppleInsider reports via Bloomberg:

Google has publicly opposed the use of patents against its Android operating system program, and launched an initiative in 2010 intended to derail public support for H.264, calling the technology patent encumbered” and recommending its own freely obtainable WebM as an alternative. Google has also charged Apple in the court of public opinion with abusing patents, which it has repeatedly characterized as being limited to “rectangles and rounded corners.”

However, after paying $12.5 billion to acquire Motorola Mobility, Google has made no changes to the struggling hardware maker’s efforts to block the sale of products by Apple and Microsoft, leveraging its own H.264 patents as a weapon to do so. Motorola has portrayed its lawsuits as an effort to “defend” Android against claims by Apple and Microsoft that Android infringes upon their patents, while also describing its standard essential patents as the “one bullet” needed to kill its opponents.

Open.

I recommend reading both articles quoted.

Googlerola is taking it’s customers for a ride.

Remember the Open Handset Alliance? Yeah, the one that promised to give you the latest Android build for your handset for at least a year after it’s release.

Well, Googlerola has changed it’s mind: It won’t give your Motorola device the latest and greatest Android has to offer, but it’ll give you 100 bucks in credit for a new phone.

So, in addition to the 199 you already paid a year ago, plus the expensive contract, you can now buy a brand new Moto phone for, say 599 off contract (because you already have a contract), and Googlerola will give you a whopping 100 bucks towards that.

You’re being taken for a ride.