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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Newspick discussion here please | 119 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here please, if needed
Authored by: tiger99 on Thursday, December 06 2012 @ 06:12 AM EST
It is useful to put the nature of the correction in the title of your post,
where possible

[ Reply to This | # ]

Off topic here please
Authored by: tiger99 on Thursday, December 06 2012 @ 06:14 AM EST
Anything on-topic in this thread may expose you to ridicule, flaming or a
suitably horrid punishment, so best to keep it off topic.

[ Reply to This | # ]

Newspick discussion here please
Authored by: tiger99 on Thursday, December 06 2012 @ 06:16 AM EST
Groklaw newspicks may be freely discussed here, but please try to make a link to
the original article so that it can still be found when it disappears off the
bottom of the page.

[ Reply to This | # ]

The HTC-Apple Agreement Mostly Revealed ~pj
Authored by: Anonymous on Thursday, December 06 2012 @ 06:16 AM EST
So Apple, I gather, will not hold HTC responsible for Android features HTC didn't create but just got from Google or the Open Handset Alliance.
But Samsung on the other hand will be held responsible for those very features?

[ Reply to This | # ]

Comes may go here
Authored by: tiger99 on Thursday, December 06 2012 @ 06:17 AM EST
The transcription work, that is

[ Reply to This | # ]

The Vote for Groklaw thread
Authored by: tiger99 on Thursday, December 06 2012 @ 06:18 AM EST
See previous articles for what this is about, and please cast your vote!

[ Reply to This | # ]

Contempt of court?
Authored by: jkrise on Thursday, December 06 2012 @ 06:26 AM EST
As I understood, the judge Lucy Koh's order was very clear - to file the entire
Apple-HTC agreement, minus just the commercial terms - about 33 words, as per
our 'expert' Florian Mueller. If HTC black out so many details, will they not be
found in contempt of court?

[ Reply to This | # ]

GPL
Authored by: maroberts on Thursday, December 06 2012 @ 07:16 AM EST
I strongly suspect that none of the patents relate to GPL
code. Most of Android is under the Apache license, with only
the kernel and assorted drivers under GPL or LGPL.

Let me know if I've done a Florian and got it completely
wrong! :-)

[ Reply to This | # ]

This is very interesting - Thanks for the work involved in this PJ
Authored by: Anonymous on Thursday, December 06 2012 @ 07:48 AM EST
We probably don't say it often enough.

This kind of information is exactly where Groklaw shines.

[ Reply to This | # ]

Publicity Clauses
Authored by: Anonymous on Thursday, December 06 2012 @ 09:41 AM EST

The contract in includes a "publicity clause" as shown below:

13.10 Publicity. Within five (5) days after the effective Date, HTC may issue a press release or make a public statement substantially as set forth in, and limited to the substance of, Exhibit E, and therafter the information to the extent disclosed in such press release or public announcement shall not be confidential. Subject to the foregoing, neither Party shall issue a press release or make any other public statement regarding this Agreement or the settlement of the Litigation without the prior written approval of the other Party, except as premitted under Section 13.9. For the avoidance of doubt, there shall be no obligation on either Party to issue any such press release or make any such public statement.

This is probably a pretty routine type of clause and it's probably in a lot of settlement contracts. I think it's important to keep this in mind when reading press releases about settlements in other cases. The important things to note here are that:

  • HTC, and only HTC is permitted to issue the press release.
  • The contents of the press release were negotiated as part of the settlement.

This shows that issuing a press release isn't the prerogative of the "winner" (unless you believe that Apple "lost" in this case). So, when Microsoft issues a press release saying how they have settled an "IP lawsuit" with an Android vendor, it doesn't mean that the result was favourable for Microsoft. It just means that Microsoft negotiated the right to be the one to issue an agreed statement and they may have given up something in return for that right. That press release is worth money to Microsoft's PR department, and the other party will know that and may have gotten something in return.

In other words, take these types of press releases with a very large grain of salt.

[ Reply to This | # ]

Which HTC models are 'allowed'?
Authored by: jkrise on Thursday, December 06 2012 @ 09:57 AM EST
I feel this information which is blacked out in the agreement can be crucial as
well. If the 'allowed' HTC models have a similar look and feel to the trade
dress which Apple seeks to protect, Samsung can claim similar relief, even if
the judge rules infringement.

[ Reply to This | # ]

The Excluded Patents
Authored by: Anonymous on Thursday, December 06 2012 @ 10:39 AM EST

The patents which are excluded from the agreement are:

Apple: None

HTC: US Patent nos 6,708,214, 6,473,006, 7,289,772, 6,868,283, 7,020,849, 5,418,524, 5,630,142, 5,680,159, and 5,302,947.

They all seem to be typical "software patents" of the sort that Apple and Microsoft like to beat other people with. While searching for the patents I found a Youtube video of someone explaining the 6868283 patent. YouTube: HTC Patent 6868283 . It's definitely worth looking at to get an idea of what these patents are like.

I attempted to link the actual patents, but Groklaw seemed to be doing something to the links so they won't work with the USPTO web site (the URLs used by the USPTO web site are a bit rediculous though). However, you can find them yourself using Google if you are interested. The patent abstracts are listed below.

Patent: 6,708,214

Hypermedia identifier input mode for a mobile communication device

Abstract

A mobile communication device operable to allow a user to access hypermedia content via a wireless link is configured to allow a user to more easily input hypermedia identifiers, such as Uniform Resource Locators (URLs). The device includes a processor, a display, a set of user input keys, each of which is operable to allow a user to input a predetermined numeral, and a storage facility in which a microbrowser program is stored. The microbrowser program is executed by the processor to configure the mobile telephone to allow the user to access remotely stored hypermedia content via the wireless link. Also stored in the storage facility are a plurality of URL fragments. Each URL fragment is associated with one of the user input keys. In response to a single predefined user input at a given one of the user input keys, the microbrowser program selects the corresponding URL fragment and causes the selected URL fragment to be displayed. The user may then input additional characters that are appended to the selected URL fragment, or the URL fragment may be appended to characters previously input by the user, to form a complete URL. The number of keystrokes required by the user to input a complete URL is thereby reduced.

Patent: 6,473,006

Method and apparatus for zoomed display of characters entered from a telephone keypad

Abstract

A method and apparatus to provide users with enhanced visual feedback after entry of data. When a user activates a key or inputs a sequence of keystrokes, a corresponding data character or characters is determined and displayed in a highlighting window. The desired character or set of characters may be determined by a predictive data entry method. The highlighting window provides greater visual feedback to the user through magnification, reverse video, or some other form of contrast enhancement method. If the user scrolls to a new character or characters because the currently displayed one(s) are not desired, then the new character or characters are displayed in the highlighting window. When the user ceases scrolling, indicating that the currently displayed character or characters are what the user desires, the highlighting window disappears and the display of the selected character or characters is restored to be the same format as previously entered characters.

Patent: 7,289,772

Technique allowing a status bar user response on a portable device graphic user interface

Abstract

The present invention relates to a method for utilizing a graphic user interface in a portable electronic device. Specifically, the present invention pertains to a method of using a portion of a graphic user interface display to provide information to the user without disrupting an application in progress. The user interface provides tools that enable the user to answer or reject an incoming call, without interruption of applications already operating on the device during the call. On a portable electronic device that combines computer functions and wireless telephone functions, the user is able to view caller ID information, in an information window, while using another application. Further, the user is able to make a decision about answering or rejecting the call and execute the appropriate response, all without having to interrupt the application currently in use. It is appreciated that the portable electronic device could be a cellular phone, a personal data assistant, a pager, etc.

Patent: 6,868,283

Technique allowing a status bar user response on a portable device graphic user interface

Abstract

The present invention relates to a method for utilizing a graphic user interface in a portable electronic device. Specifically, the present invention pertains to a method of using a portion of a graphic user interface display to provide information to the user without disrupting an application in progress. The user interface provides tools that enable the user to answer or reject an incoming call, without interruption of applications already operating on the device during the call. On a portable electronic device that combines computer functions and wireless telephone functions, the user is able to view caller ID information, in an information window, while using another application. Further, the user is able to make a decision about answering or rejecting the call and execute the appropriate response, all without having to interrupt the application currently in use. It is appreciated that the portable electronic device could be a cellular phone, a personal data assistant, a pager, etc.

Patent: 7,020,849

Dynamic display for communication devices

Abstract

Techniques for displaying information on communication devices are disclosed. The techniques are highly beneficial for devices with relatively small viewing areas (e.g., remote wireless phones). An enhanced communication device can be implemented which can dynamically display information on an associated display. This means that there is no need to reserve various areas on the display for displaying. Instead, information may be assigned or unassigned to the different display portions dynamically. As a result, the display area can be used more efficiently.

Patent: 5,418,524

Method and apparatus for over-the-air upgrading of radio modem application software

Abstract

A radio modem (100) having application software (128) stored therein receives upgrade information via over-the-air selective call messaging. The upgrade information comprises upgrade installation information and upgrade data. A microprocessor (108) compiles the upgrade installation information and operates to upgrade the application software (128) in accordance with the upgrade installation information and in response to the upgrade data. Likewise, application software in the computer (302) can be upgraded by over-the-air transmission of upgrade information to the radio modem (100).

Patent: 5,630,142

Multifunction power switch and feedback led for suspend systems

Abstract

A computer system having four states of power management: a normal operating state, a standby state, a suspend state, and an off state. A control unit controls transitions between the various states. The standby state is characterized by devices, such as a video controller and a hard drive, being placed into a low-power mode transparent to the operating system and the applications executing on the computer system. The suspend state is characterized by executing code being interrupted and the state of the computer system being saved to a file on the hard drive in such a manner that system power may be removed after the state of the computer system is saved to the hard drive. Later, after system power is restored, the state of the computer system is resumed by reading from the hard drive and loading it in such a manner that the operating system and application programs are not adversely affected. The normal operating state and the off state correspond to the typical on and off states of more conventional computer systems. A single switch causes transitions between the various states. A visual feedback device, such as an LED is used to indicate the state of the computer system. While no power management driver is active, the control unit delays state transitions until a suitable power management driver is active.

Patent: 5,680,159

This patent expired in 1997 due to non-payment of "maintenance fees" to the US Patent Office. It's a good question as to why it is listed in the lawsuit.

Interactive display system using a laser disk player replaying video frames

Abstract

An interactive display system is described using a standard TV monitor placed on a touch position sensor. A control operates with the output touch signals from the touch position sensor to produce frame number signals that are representative of the frames stored on a laser disk. The laser disk player generates the desired video frame signals which are applied to the TV monitor to display the frames. The touch signals from the touch position sensor provide an indication of where a person has made contact with the screen of the TV monitor to thus enable the person to interact with the information in the frames stored on the laser disk in a simple and rapid manner.

Patent: 5,302,947

Method and apparatus for loading a software program from a radio modem into an external computer

Abstract

A method and apparatus in a selective call receiver (100) choose and load a software driver program (124) into an external computer (302). The apparatus comprises a data interface (118) for coupling with the external computer (302) and a memory (122) containing pre-programmed data comprising a plurality of executable software driver programs (124). The apparatus further comprises a processor (108) coupled to the memory (122) and to the data interface (118) for controlling interactions between the memory (122) and the data interface (118). The method comprises the steps of: coupling (402) the data interface (118) to the external computer (302); receiving (404) in response a signal comprising an identifier from the external computer (302); accessing (406) the memory (122) to locate a software driver program (124) compatible with the external computer (302) identified by the identifier; and transmitting (412) to the external computer (302) the software driver program (124) in response to locating the software driver program (124).

[ Reply to This | # ]

Florian's twin brother
Authored by: Anonymous on Thursday, December 06 2012 @ 10:51 AM EST


The Huffington Post is now quoting Florian's twin brother Edward 'Naughty' Naughton as an expert. Guess they didn't do their due diligence before posting the article.

Huffington Post

For those who aren't familiar with Naughty Ed, he's a lawyer who does work for several tech companies. Florian has quoted him in the past, and they agree almost all the time.

Wayne
http://madhatter.ca

[ Reply to This | # ]

  • So they are both almost always wrong! n/t - Authored by: Anonymous on Thursday, December 06 2012 @ 12:55 PM EST
  • Florian's twin brother - Authored by: PJ on Thursday, December 06 2012 @ 01:30 PM EST
    • Agreed - Authored by: Anonymous on Thursday, December 06 2012 @ 03:34 PM EST
  • Florian's twin brother - Authored by: Anonymous on Thursday, December 06 2012 @ 01:43 PM EST
  • Huffpo's man in Dubai - Authored by: Anonymous on Thursday, December 06 2012 @ 02:23 PM EST
  • HuffPo - Authored by: Anonymous on Thursday, December 06 2012 @ 04:45 PM EST
    • HuffPo - Authored by: BJ on Thursday, December 06 2012 @ 07:06 PM EST
      • HuffPo - Authored by: PJ on Thursday, December 06 2012 @ 07:15 PM EST
    • HuffPo - Authored by: Anonymous on Thursday, December 06 2012 @ 07:35 PM EST
GPL and Android vendors
Authored by: Anonymous on Thursday, December 06 2012 @ 07:00 PM EST
Doesn't all Android vendors with Microsoft license have issue with GPL too?

[ Reply to This | # ]

Judge may trim Apple's $1 billion patent verdict
Authored by: jkrise on Thursday, December 06 2012 @ 07:51 PM EST
Some updates trickling in regarding the way in which Lucy Koh is likely to
rule...

http://www.northjersey.com/news/Judge_may_trim_Apples_1_billion_patent_verdict.h
tml

[ Reply to This | # ]

or the process by which the royalty unit is calculated
Authored by: Anonymous on Friday, December 07 2012 @ 01:55 AM EST
I must be too simple minded.
That statement suggests to me they wouldn't like open source either.
But it's HTC and they use Android.
Not their code son.
So they're really worried somebody might pay Apple less for rounded corners?
Not this court's problem either, son.

[ Reply to This | # ]

We believe in collaboration.
Authored by: Anonymous on Monday, December 10 2012 @ 12:04 PM EST
What collaboration are they talking about? in-house? or collaboration is just a
substitute to paying?

[ Reply to This | # ]

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