23May

The Verdict Is In: Google Did NOT Infringe On Oracle’s Patents

FILED IN gadgets No Comments

android-happy

Just over a week ago, the jury began deliberations on the ongoing patent infringement case between Google and Oracle. After waiting in the wings, with bated breath, the verdict is finally in, as Judge William Alsup of the U.S. District Court of Northern California dismissed the jury this afternoon after a unanimous decision that ruled in favor of Google’s mobile OS — declaring that Android did not in fact infringe on the Oracle patents in question.

The decision follows an opposing verdict earlier this month, in which the jury in the long-running infringement case found that certain components of Android APIs had too close of a resemblance to code used in Oracle’s Java programming tools. However, the jury ended up splitting on the notion of whether or not Google could in fact claim fair use in its defense (which could have then led to a mistrial.)

The jury’s decision was obviously a laborious one, following two years of a legal back-and-forth between the two tech giants. Oracle had initially filed the lawsuit back in August 2010, in which the company asserted that Android infringed on Java patents that Oracle acquired as a result of its purchase of Sun Microsystems. Google responded by saying that, at the time of development, it was not aware of Sun’s patents and that Android was in fact free to use.

Of course, that decision was only the first act in the three-part deliberations, in which the copyright infringement issues were to be followed by consideration of Oracle’s patent infringement claims (the focus of today’s hearing) and, finally, the damages Google might be liable for were it found found to infringe.

However, much of that speculation was rendered moot today, as a week of deliberation came to a close today at the U.S. District Court of Northern California, with the jury unanimously declaring that Google did not in fact infringe on the six claims set forth by Oracle in regard to U.S. Patent RE 38,104 as well as the two claims regarding U.S. Patent 6,061,520.

Of course, this does not mean that the whole case has been decided; instead, the decision marks the end of the trial’s second phase, which, again, focused solely on Oracle’s claims of patent infringement.

While the jury had previously found that Google was in violation of Oracle’s copyrights, as stated above, it could not come to a unanimous decision on the issue of fair use. Meaning that, although Oracle ostensibly “won” its copyright case, it effectively has a hold on its ability to collect on any of the $1 billion in copyright damages it is seeking from Google — a conclusion that was supported by the tweets of legal reporter Ginny LaRoe, who attended today’s hearing.

On top of that, there are a number of other legal questions surrounding the copyright case on which Judge Aslup has yet to issue a final ruling, although he is expected to come to a decision next week.

Updating



View full post on TechCrunch » Mobile

, , , ,

04May

Rumors: Published Apple patents point to future innovations

FILED IN gadgets No Comments

iphone 4s

In the run up to the release of a new device, it’s always incredibly interesting to see which rumors start to fly around, and it’s always interesting to see which rumors actually materialise when it comes to crunch time. Naturally, some of these rumors will be a little more far fetched than others, but personally, the most reliable pointers to future…

View full post on TodaysiPhone.com

, , , , , ,

16Apr

Updated: Openwave, ‘Inventors Of The Mobile Internet’, Sells Software Biz To Focus On Patents

FILED IN gadgets No Comments

Openwave

Mobile messaging, in its traditional sense, is on the decline, and the patent world is hot, hot, hot, and today one company that plays in both areas showed where it sees its stronger ties at the moment. Openwave, which calls itself the “inventor of the mobile internet” for the early role it played in developing mobile data technology, today announced it was selling its core software business — messaging and mediation operations — and will instead concentrate on its patent holdings in smart devices, cloud technology and unified messaging.

Marlin Equity Partners is buying the two businesses for an undisclosed sum, and says it will continue to operate and invest in the businesses, which will be called Openwave Messaging and Openwave Mobility. That transaction is expected to close this month.

Openwave, meanwhile, will rebrand as Unwired Planet, “a name that recalls the company’s rich heritage of innovation,” it said. It will focus on intellectual property — specifically in the form of 200 issued U.S. and foreign patents and 75 further patent applications, “many of which are considered foundational to mobile communications.”

For now, the company has said it intends to remain a publicly-traded company. It will give more details on what, exactly, it plans to do with that business during its fiscal 2012 results conference call — the date for that haven’t been set yet but it’s expected to be early May.

I am also due to speak with Mike Mulica, CEO of Openwave, a little bit later today — and will hopefully get some more insight then — but for now a little run-down on some of Openwave’s patent activity to-date:

  • The company signed a big licensing deal with Microsoft last year covering the whole of its patent portfolio. Undisclosed value.
  • Openwave has over time also sold some of its patents to Purple Labs, the mobile Linux specialists, which are now a part of Myriad Group (who were in the news already today, over a deal to buy Synchronica).
  • And it looks like some of those patents eventually ended up with Google and HTC. Others went to a group called Highwinds Software. This licensing deal may have been the reason behind why Android players were not included in Openwave’s lawsuit against Apple and RIM.

Although there is every possibility that Openwave will set itself up as an ongoing concern licensing its patent portfolio, according to the last set of earnings it looks like the company at this point is not yet recording any revenue from those patent holdings. (And it should be noted messaging revenues have been steadily declining.)

Reuters, meanwhile, hints at a possible sale, when it describes the transfer of the messaging/mediation business to Marlin as “part of [Openwave's] plan to sell its portfolio of about 200 patents.”

Could it really be that Openwave is setting itself up for a potential sale of those assets? There are some definite candidates as possible buyers: its licensing partner Microsoft (which just forked out $1 billion for AOL’s patents)? Or perhaps Facebook (another company sizing up the mobile opportunity and also investing in expanding its patent portfolio)? Or even that indirect Purple Labs connection, Google.

Update: some responses from Openwave’s CEO Mike Mulica on the sale and strategy shift:

No news on what will happen: Reuters apparently got the story wrong and there is no word on whether Openwave will be selling those patent. “We have not said yet what we are doing.”

Why the sale? “We came to the conclusion that in order to succeed in those areas we needed to have more focus and investment in those product lines but our company wasn’t in a great position to make those investments. We had in mind our employees and customers.” There are some 440 people working in those divisions and most — no exact number — will be transfers to Marlin as part of the sale.

Patents: He says the company has “been in the process for a little over a year studying what we have from a patent standpoint and understanding the implications.” Focusing on the patents, he says, both “services our shareholders well and stays true to the original innovation and invention profile of the company.”

Apple and RIM: We won’t talk about the actual legal process, but it’s a 15-18 month process and we’re feeling pretty good at how we’re stepping through it.” He added that the lawsuit “was the only action we could take.”

Android: No comment on whether Android is covered or whether Android OEMs, too, may see some legal action from Openwave.



View full post on TechCrunch » Mobile

, , , , , , , ,

16Apr

Openwave, ‘Inventors Of The Mobile Internet’, Sells Software Biz To Focus On Patents

FILED IN gadgets No Comments

Openwave

Mobile messaging, in its traditional sense, is on the decline, and the patent world is hot, hot, hot, and today one company that plays in both areas showed where it sees its stronger ties at the moment. Openwave, which calls itself the “inventor of the mobile internet” for the early role it played in developing mobile data technology, today announced it was selling its core software business — messaging and mediation operations — and will instead concentrate on its patent holdings in smart devices, cloud technology and unified messaging.

Marlin Equity Partners is buying the two businesses for an undisclosed sum, and says it will continue to operate and invest in the businesses, which will be called Openwave Messaging and Openwave Mobility. That transaction is expected to close this month.

Openwave, meanwhile, will rebrand as Unwired Planet, “a name that recalls the company’s rich heritage of innovation,” it said. It will focus on intellectual property — specifically in the form of 200 issued U.S. and foreign patents and 75 further patent applications, “many of which are considered foundational to mobile communications.”

For now, the company has said it intends to remain a publicly-traded company. It will give more details on what, exactly, it plans to do with that business during its fiscal 2012 results conference call — dates for that haven’t been set yet.

I am also due to speak with Mike Mulica, CEO of Openwave, a little bit later today — and will hopefully get some more insight then — but for now a little run-down on some of Openwave’s patent activity to-date:

The company last year took Apple and RIM to court over patent infringements. Those cases are still pending, and as part of the process Openwave has asked for injunctions on the devices.

  • The company signed a big licensing deal with Microsoft last year covering the whole of its patent portfolio.
  • Openwave has over time also sold some of its patents to Purple Labs, the mobile Linux specialists, which are now a part of Myriad Group (who were in the news already today, over their deal to buy Synchronica).
  • And it looks like some of those patents eventually ended up with Google and HTC. Others went to a group called Highwinds Software. This licensing deal may have been the reason behind why Android players were not included in Openwave’s lawsuit against Apple and RIM.

Although there is all possibility that Openwave will set itself up as an ongoing concern licensing its patent portfolio, in the last set of earnings it looks like the company at this point is not yet recording any revenue from those patent holdings. (And it should be noted messaging revenues have been steadily declining.)

Reuters, meanwhile, hints at a possible sale, when it describes the transfer of the messaging/mediation business to Marlin as “part of [Openwave's] plan to sell its portfolio of about 200 patents.”

Could it really be that Openwave is setting itself up for a potential sale of those assets? There are some definite candidates as possible buyers: its licensing partner Microsoft (which just forked out $1 billion for AOL’s patents)? Or perhaps Facebook (another company sizing up the mobile opportunity and also investing in expanding its patent portfolio)? Or even that indirect Purple Labs connection, Google.



View full post on TechCrunch » Mobile

, , , , , , ,

13Apr

Apple Patents A Tool Allowing Non-Developers To Build Apps

FILED IN gadgets No Comments

iPhone Apps

If you think the iOS app ecosystem is big now, as it pushes some 600,000 apps available for iPhone and iPad, just imagine how big it could become if Apple made good on this newly filed patent application titled “Content Configuration for Device Platforms.” The application describes a way for non-developers to create iOS apps using a simple, graphical interface.

Whoa.

Of course, it’s just a patent application, and Apple files tons of these things. So you can’t point to it and call out what it describes as a confirmed, forthcoming feature for the iOS platform.

But an Apple-provided DIY app building tool does makes some sense in terms of a way to envision the future of mobile computing. Remember, there was once a day when only “webmasters” could set up and maintain webpages. Now everyone just starts a Tumblr to share their thoughts with the world. Why shouldn’t everyone have the opportunity to try their hand at app creation, too?

Obviously, non-programmers today can build apps today through the use of third-party app building services, but most mainstream users don’t know about those. Apple introducing a basic app builder of its own would serve to raise awareness about the existence of these kinds of tools.

Specifically, the patent app (unearthed by Appleinsider this week) describes something of a “WYSIWYG” (What you see is what you get) system for app building, stating the need to make app building more broadly accessible.

Reads the application:

In many instances, computer-programming languages are a hindrance to electronic content creation and, ultimately, delivery to content consumers. Often content creators and designers simply lack the skill and the knowledge to publish their mental creations to share with the world. To begin to bridge this gap, content creators can use some electronic-content-development tools which allow content creators to interact with a graphical user interface to design the content while an electronic-content-development tool puts the computer-programming code in place to represent the electronic content on a user’s computer.

Apple’s proposed authoring tool would provide a series of templates, allowing users to insert various actions and animations, like a “pan to view” function or purchase function for a checkout screen, for example.

Notably, the application describes the apps it would create as able to work on various screen sizes. Although the patent app doesn’t quite confirm the existence of an Apple television, it does say that there have historically been challenges in developing apps for different screens:

Even if a content creator successfully creates his electronic content, it is unlikely that the content is optimally configured for each device on which the user will view the content. Originally, digital content was created without having to account for device capabilities. The digital content was going to be viewed on a computer or television having a display of at least a certain size, with at least a certain resolution, if not multiple resolutions. Accordingly, it was possible to generate only one version of the electronic content and that version could be expected to be presented properly by the user’s device.

It goes without saying that there would be some issues to overcome in implementing a system like this – after all, the App Store has rules about the apps it approves and Apple’s staff curates submissions to keep out the spam. But who’s to say that in some far-flung distant (or not so distant) future, there won’t be a way for users to exchange self-built apps amongst each other, sans App Store intervention?

That would be an ideal way for people to build and share apps serving a temporary need, for example, like one created for a hastily thrown together meetup or event. It could also allow people to create their own personal apps which they would only share with a small circle of friends – think baby announcements, wedding apps, vacations photos, etc. Publishing these non-professional apps to the greater App Store could be an optional final step in the creation process, perhaps.

As for the DIY app makers already out there, while such a system would compete with their offerings to an extent, Apple’s validation of the space would mainly serve to help their businesses grow by essentially providing free marketing about the possibilities.

Now all we need is a whole new user interface for our iOS devices themselves. Given that Apple has sold 316 million cumulative units of of year-end 2011, these sad, little app folders won’t be able to keep up with all the apps created by this possible DIY app explosion.



View full post on TechCrunch » Mobile

, , , , , ,

TOP