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Nortel Nortel Question Bank
though Apple hasn't always long gone "thermonuclear" as Steve Jobs famously promised, the individuals over at 1 limitless Loop have been unapologetically fierce and aggressive about preserving their intellectual property, specially because it pertains to iOS. or not it's no secret that Apple over the past few years has engaged in patent infringement battles with a slew of right handset producers, and whereas Apple's legal tussle with Samsung looks to generate essentially the most headlines, keep in mind that Apple in recent memory has additionally locked horns with Motorola, Nokia, and HTC.
As Apple's felony battles began growing in quantity just a few years back, a commonly voiced opinion was that Apple, and other tech organizations for that count number, should spend more time and energy focusing on innovation than litigation. Of route, a common counter to it truly is that if corporations like Apple do not vigorously shield their IP in court docket, there is no incentive to pour billions of greenbacks into R&D within the first location.
Apple these days has a penchant for patenting every little thing beneath the solar and aggressively pursuing criminal action against folks that it feels rip off its technology. This approach, besides the fact that children, is a comparatively new phenomenon that will also be traced the entire way lower back to the company's 2006 lawsuit with creative know-how, and entered rapid power alongside building of the iPhone.
In early 2006, artistic know-how sued Apple with allegations that the company's iPod infringed upon the enterprise's Zen patent which lined a hierarchical menu constitution for MP3 players. in accordance with the go well with, artistic expertise's assortment of Nomad MP3 players used the menu structure in question a full 12 months earlier than Apple's iPod became launched in October of 2001. no longer backing down, Apple countersued with claims of its own.
simply a couple of months later, Apple signed a agreement deal whereby it agreed to pay creative technology $100 million for the correct to make use of their patented expertise.
Now Steve Jobs is the classification of CEO who likes maintaining onto money, and he become beyond incensed that inventive expertise may simply swoop in and extract $one hundred million out of Apple's coffers. In a press release issued on the time, Steve Jobs telling mentioned, "creative is awfully lucky to had been granted this early patent."
Following that, Apple got useless interested in patents. This turned into also because of the fact that Apple at the time became a little less than year into the construction of the iPhone. subsequently, Apple systematically started bulking up its patent portfolio.
A 2012 ny instances article explained the transformation in aspect.
Privately, Mr. Jobs gathered his senior managers. while Apple had lengthy been adept at filing patents, when it got here to the new iPhone, "we'll patent it all," he declared, in accordance with a former executive who, like other former employees, requested anonymity because of confidentiality agreements.
"His attitude was that if someone at Apple can dream it up, then we should apply for a patent, as a result of even if we certainly not construct it, it's a shielding tool," pointed out Nancy R. Heinen, Apple's popular suggestions except 2006.
quickly, Apple's engineers have been requested to take part in monthly "invention disclosure classes." at some point, a bunch of software engineers met with three patent lawyers, in response to a former Apple patent legal professional who was on the meeting.
the primary engineer discussed a bit of application that studied clients' preferences as they browsed the net.
"it truly is a patent," a lawyer pointed out, scribbling notes.
an additional engineer described a moderate change to a popular utility.
"it's a patent," the attorney talked about.
another engineer mentioned that his crew had streamlined some utility.
"it really is an extra one," the legal professional stated.
"notwithstanding we knew it would not get accredited, we might file the software anyway," the former Apple attorney said in an interview. "If nothing else, it prevents one more enterprise from attempting to patent the conception."
Highlighted through the chart beneath, we see Apple's US-based mostly patent filings in reality began to skyrocket in 2007, topping four hundred in 2009 alone. In 2013, Apple filed 1501 patent applications worldwide.
whereas Apple ostensibly all started its patent submitting spree for protective functions, Steve Jobs wasn't shy about trying to leverage Apple's money hoard and patent portfolio to achieve definite goals.
One wonderful example changed into recently dropped at easy as a result of the anti-poaching type motion lawsuit that Apple and a slew of alternative tech organizations found themselves embroiled in. in case you consider, Jobs at the time become concerned that organizations like Google and Palm had been actively recruiting away gifted Apple engineers.
In a very tense email alternate, Jobs implicitly threatened Palm with a patent swimsuit in the event that they persisted recruiting Apple engineers.
The electronic mail reads partially:
It isn't just a rely of our employees finding out they wish to be a part of Palm. they're being recruited the usage of competencies provided by means of Jon Rubenstein and Fred Anderson, with Jon taking part within the recruiting technique. We ought to do whatever thing we can to stop this. i am bound you understand the asymmetry within the fiscal elements of our respective businesses in case you say: "we will both simply come to be paying loads of lawyers a lot of money."
...
My suggestions is to take a look at our patent portfolio earlier than you make a last resolution right here.
interestingly sufficient, when Palm's enterprise begun floundering a couple of years lower back, there have been rumors floating round suggesting that Apple changed into when you consider that procuring the business as a way to get the business's patent portfolio.
That of route in no way came to pass, however Apple in 2011 did spearhead a consortium of tech corporations (nicknamed Rockstar) who collectively put together a successful bid of $four.5 billion for over 6,000 Nortel patents. notwithstanding the profitable bid got here from Apple, EMC, Ericsson, Microsoft, RIM, and Sony, Robert Cringely pronounced that "Apple put up $2 billion for outright possession of Nortel's future Evolution (4G) patents as well as one other equipment of patents supposedly meant to hobble Android."
"on the end of the day," Cringely wrote, "this deal isn't about royalties. It is about trying to kill Android."
chiefly, this wasn't a minority point of view at the time. Google's David Drummond -- the hunt significant's Chief felony Officer -- spoke of at the the time that Apple, Microsoft and others were waging a "adverse, prepared campaign towards Android."
And lo and behold, a bit over two years later, Rockstar (of which Apple is a shareholder) did in reality set their attractions on Android. This previous October, Rockstar sued Google together with seven different businesses that manufacture Android handsets.
Apple and patents nowadays
as it stands these days, Apple continues to be embroiled in legal disputes with Samsung across the globe. only recently, Apple emerged triumphant in its 2nd California litigation against Samsung, notwithstanding it become awarded a ways below the $2 billion it turned into at the beginning looking for.
in spite of this, Apple is rarely afraid to settle when need be. The company, as an example, has reached agreement agreements with Nokia and HTC in recent years. Apple turned into also inclined to settle with Samsung, but the two facets were unable to attain mutually really helpful terms.
Now given the sheer sum of money Apple has spent on litigation, many have expressed the notion that it be easily no longer worth it for Apple to pursue alleged infringers when the payoff can regularly be nominal at superior. in spite of everything, the $120 million Apple was these days awarded in its dispute with Samsung is nothing more than chump exchange for a corporation with over $one hundred fifty billion within the bank.
however, Daring Fireball's John Gruber astutely aspects out that Apple's willingness to move to courtroom has as plenty to do with punishing infringers as it does with showing could be infringers that the enterprise is inclined to move the space to protect its intellectual property.
That noted, I nonetheless don't feel Apple has any regrets about pursuing this case. it be about the message it sends to all opponents, not just Samsung: we're irrationally shielding of our work, and if you incorrect us, we can go after you.
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