Motorola likely to change Android photo viewer to avoid Apple patent
Intellectual property expert Florian Mueller with FOSS Patents used the phrase "war of attrition" to describe the ongoing conflict between Apple and Android-based handset makers. He revealed that a German court indicated this week in a hearing in a lawsuit between Apple and Motorola that the Android photo gallery is likely in violation of an Apple patent.
"The court doesn't have much doubt about the validity of this patent and appears rather convinced (at the end of the hearing even more so than at its outset) that the Android photo gallery constitutes a violation of that patent at least in its 'zoom in' mode and possible (though this is not yet certain) in its 'zoom out' mode," Mueller wrote.
The patent in question is European Patent 2059868, entitled "Portable Electronic Device for Photo Management. It was awarded in September of 2010.
Though he said Motorola isn't particularly frightened by possibly losing to Apple in the Munich I Regional Court's ruling in February, it would be yet another example of Apple winning against an Android handset maker without a single "knockout" blow. It's likely that a victory would require Motorola to modify its software and work around Apple's original ideas.
That's exactly what happened with HTC, which was found this week by the U.S. international Trade Commission to be in violation of a "Data Detectors" context-aware patent from Apple. A day after the ruling, HTC was already said to be testing phones that worked around Apple's intellectual property and would not be in violation of it, allowing HTC to sell its phones and avoid the ITC injunction.
Apple also had initial victories against rival Samsung over its patented designs for the iPhone and iPad. Samsung responded by redesigning its Galaxy Tab 10.1 touchscreen tablet in Germany, which allowed the company to begin selling the device and is expected to withstand legal threats from Apple.
Mueller said Apple's "war of attrition" may not have an immediate impact on Android and competing handset makers, but over time it could chip away at the functionality found on Android devices.
"While one or two wins of this kind won't be enough to change consumer preferences, the aggregate effect of the enforcement of a half a dozen or more patents of this kind could make an appreciable difference in user experience," Mueller wrote.
"Apple is fighting for long-term opportunities. As long as it doesn't come under enormous pressure, it can afford to crack one nut at a time, country by country."
26 Comments
Kinda wanna know what this patent actually is...is it like the Samsung case with the bounceback? Or is it something else entirely?
"The court doesn't have much doubt about the validity of this patent and appears rather convinced (at the end of the hearing even more so than at its outset) that the Android photo gallery constitutes a violation of that patent at least in its 'zoom in' mode and possible (though this is not yet certain) in its 'zoom out' mode," Mueller wrote.
That's rather inane - even for Mueller.
The court is not supposed to have ANY position on the issue at the outset.
Complete Patent document:
https://data.epo.org/publication-ser...68&ki=B1&cc=EP
Looks to me that this patent included pinch to zoom, tap to zoom, and swiping to switch pictures. It also includes the way that a user would initiate a picture message/email from the photo screen and the gallery mode.
I've always wondered why Android phones were able to zoom the way an iPhone does without any copy-write/patent issues.
It is also good to note that all these patents that Apple is finally getting were applied for back in 2007 before the first iPhone was ever introduced.
http://www.youtube.com/watch?v=ftf4riVJyqw
7:34 - FTW
See, it's not that difficult MOT...... just design your own crap and everyone will be happy. Companies have gotten so lazy. It's easier to wait for the litigation rather than actually do some development.
See, it's not that difficult MOT...... just design your own crap and everyone will be happy. Companies have gotten so lazy. It's easier to wait for the litigation rather than actually do some development.
These patents affect the user experience and are exactly the ones Apple should be going "thermonuclear" on. For most the Android user experience is already subpar to iOS. This will help clarify why iOS is better. The so-called competitors are responding by suing over basic technology patents which are harder to prove infringement on.