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Apple Chief Patent Lawyer Leaves After Android Loss

Hugh Pickens writes "PC Magazine reports that Richard Lutton, Apple's current chief patent lawyer, is reportedly leaving the company after failing to block Android manufacturers from using iPhone-like features. 'It's possible that Apple's leadership wants the patent department to become more effective, especially in terms of litigation,' says intellectual property analyst Florian Mueller. 'They are probably disappointed that the first ITC complaint against HTC didn't go too well.' ... In addition Apple is aggressively seeking an injunction on Samsung's flagship Galaxy lineup." Samsung also happens to be displeased with Apple using their former legal counsel.

72 of 101 comments (clear)

  1. Or maybe... by chispito · · Score: 3

    'It's possible that Apple's leadership wants the patent department to become more effective, especially in terms of litigation,' says intellectual property analyst Florian Mueller.

    Hopefully they canned him because he counseled them to go after bogus patent infringement suits.

    --
    The Daddy casts sleep on the Baby. The Baby resists!
    1. Re:Or maybe... by Kenja · · Score: 2

      This is Apple we're talking about. Unless he traveled back in time to tell them to go after bogus patent infringements they where doing it long before he was involved.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:Or maybe... by EraserMouseMan · · Score: 1, Funny

      They probably didn't "can" the guy. He probably left of his own accord. Everybody knows Apple treats everyone well. It's part of their holistic approach to deliver pleasant experiences across the board.

    3. Re:Or maybe... by Virtucon · · Score: 1, Insightful

      What makes them bogus? If you have a patent it is perfectly fine for you to go after an infringing entity. It's up to the courts to decide based on the evidence provided if there was indeed an infringement. If there has been infringement the court has a latitude of remedies available under law. What's usually missing is the remedies for patent trolls who produce nothing and just own intellectual property. That will require congress to grow a pair and finally act.

         

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
    4. Re:Or maybe... by erroneus · · Score: 1

      That would be the opinion of a judge and/or jury on a case in which the validity or applicability of a patent is called into question as part of a defense while being sued.

    5. Re:Or maybe... by Moryath · · Score: 1

      Apple has quite a history of filing frivolous lawsuits. Then again, so do half the companies on the planet.

      Remember the great visual aid roadmap to help people make sense out of the last round of cell-phone-related patent lawsuits? I think it needs updating.

    6. Re:Or maybe... by JamesP · · Score: 2

      Above a certain level, no one is fired or resigns, everybody leaves "in mutual agreement"

      Of course, the juicy details are left to the reader to imagine.

      --
      how long until /. fixes commenting on Chrome?
    7. Re:Or maybe... by Blindman · · Score: 3

      He probably wants to spend more time with his family.

      --
      I don't practice what I preach because I'm not the kind of person that I'm preaching to.
    8. Re:Or maybe... by kakyoin01 · · Score: 2

      This is Apple we're talking about. Unless he traveled back in time...

      This is Apple we're talking about. They have Time Machine.

      --
      The more you know, the more you have to say and the more you should listen.
    9. Re:Or maybe... by Anonymous Coward · · Score: 1

      If you have a patent it is perfectly fine for you to go after an infringing entity. It's up to the courts to decide based on the evidence provided if there was indeed an infringement.

      If I have a crowbar, it is perfectly fine for me to use it on people who abuse the patent system. It's up to the courts to decide based on the evidence provided if my actions are a crime or justifiable homicide.

  2. Or... by geoffrobinson · · Score: 2

    He wanted to leave but wanted to see the case through. Or who knows?

    So instead of speculating on future Apple product we are now speculating on HR moves?

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
  3. After Armageddon by Virtucon · · Score: 2

    There will only be cockroaches and lawyers left. Of the lawyers that will be left, about 50% will be ambulance chasers, 30% patent trolls and 20% lobbyists.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
    1. Re:After Armageddon by cyberchondriac · · Score: 3, Funny

      There will only be cockroaches and lawyers left.

      There's a difference?

      --

      Look back up at my post, now look back down, you're on the Internet. Now look back up. I'm a signature.
    2. Re:After Armageddon by Anonymous Coward · · Score: 4, Funny

      Stop insulting the cockroaches.

    3. Re:After Armageddon by Mindcontrolled · · Score: 1

      Well, when someone sues your arse off, will you run to a cockroach or to a lawyer? And which one would you suddenly find useful?

      --
      Ubi solitudinem faciunt, pacem appellant.
    4. Re:After Armageddon by Virtucon · · Score: 1

      A single cockroach has six legs, you can use that to distinguish one cockroach vs. one lawyer. However three lawyers will have six legs so you'll
      need to distinguish them individually unless they're in a human centipede configuration. http://en.wikipedia.org/wiki/The_Human_Centipede_(First_Sequence)

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
    5. Re:After Armageddon by elrous0 · · Score: 1

      There's a difference?

      One has more morality than a politician, the other has *slightly* more morality than a politician.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    6. Re:After Armageddon by Hazel+Bergeron · · Score: 1

      I'll do the same thing I've done in the past when encountering legal problems: use my almost human ability to read and research so that I may present and win a case.

      The average lawyer and the average computer programmer share an otherwise unmatched skill at overrating their abilities.

    7. Re:After Armageddon by Chirs · · Score: 1

      Sorry, I have a family with small children, a full time job, friends, and a house to take care of. I don't have time to essentially go to law school as well.

    8. Re:After Armageddon by alexborges · · Score: 1

      The fact that people have to go to law school to understand what the law says a lot about how things (dont) work with any government, and have never actually worked (civilization invented writing and, instantly, there were the lawyers).

      --
      NO SIG
    9. Re:After Armageddon by MarkvW · · Score: 1

      What you have just written looks very much like legalese.

    10. Re:After Armageddon by jdgeorge · · Score: 1

      You can generally understand what the laws say without attending law school. Education in the law is needed to understand how to work within a framework of legal processes.

    11. Re:After Armageddon by Mindcontrolled · · Score: 1

      I take it you are a programmer then, egregiously overrating your ability to represent yourself?

      --
      Ubi solitudinem faciunt, pacem appellant.
    12. Re:After Armageddon by Mindcontrolled · · Score: 1

      No, it says a lot about the fact that things usually never are simple or straightforward, and that the law reflects the fact.

      --
      Ubi solitudinem faciunt, pacem appellant.
    13. Re:After Armageddon by dunkelfalke · · Score: 2

      Yep. The one is a hated pest, the other is an insect.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    14. Re:After Armageddon by Hazel+Bergeron · · Score: 1

      Yeah, that's a problem with filling your life up completely with various things all of which you consider impossible to postpone: your life is already so full up with mundane tasks done for others that the moment some unexpected problem comes along which requires more than a modicum of extra effort, you're fucked. It's the way the modern Western world was built.

    15. Re:After Armageddon by Hazel+Bergeron · · Score: 1

      I don't put any rating on myself. Where I stand a chance of applying my own intellect and/or dexterity to something, I'll do it. Where I know that mere effort won't get me anywhere (I have neither the manual skill nor the operating table to perform even the simplest surgery), I'm happy to delegate.

      But in no case would I assert myself competent enough to take another's place, i.e. represent another person. That's where the overrating takes place. When you base your country's comfort on slave labour (in the Far East), you have to make up an economy by creating a variety of entirely unnecessary service industries.

      For routine applications of the appropriate discipline, any moderately competent man is able to program for himself or represent himelf in law. But where would your programmer salary go if you admitted this? Sure, the market's dealing with overpaid underachieving (ex-)programmers quite well, but it's yet to do the same for lawyers because of the regulatory framework and the immense fear of the law instilled in the average citizen.

    16. Re:After Armageddon by alexborges · · Score: 1

      It says a lot about how lawyers will never let go of their bone.

      --
      NO SIG
  4. Hey Apple... by Anonymous Coward · · Score: 5, Funny

    Suck it.

    Love,

    Android

    P.S.

    I am banging Windows Phone 7 on the side.

  5. Recourse by microbee · · Score: 1

    Samsung also happens to be displeased with Apple using their former legal counsel.

    Samsung should hire Richard Lutton then.

    1. Re:Recourse by gubers33 · · Score: 1

      Apple will sue them for Patent Infringement- They developed Richard Lutton first.

      --
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  6. Apple playing dirty by gubers33 · · Score: 3, Interesting

    Using Samsung's former counsel is just plain dirty. Apple has an internal legal department and is purposely hiring lawyers who have inside information on Samsung. I mean come on, Apple is starting to act like Microsoft. Jobs wants anything that uses the same technologies as the iPad or iPhone to not exist because he sees as a threat for good reason. Apples only makes one model of each and there is little room for innovation. Android on the other hand has multiple manufacturers making the phones and tablets and because of they they are creating phones that can display HD and shoot video in 3D. I mean this getting shady in using former representation and then citing the Tariff Act of 1930 against HTC. I think Steve Jobs might react the same way as Eric in Billy Madison if he had to define "Business ethics".

    --
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    1. Re:Apple playing dirty by Normal+Dan · · Score: 1

      It's a dog-eat-dog world out there.

      --
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    2. Re:Apple playing dirty by Teun · · Score: 1
      When the basis of your business is founded on these kind of manoeuvres you are in trouble

      I mean, only trolls can call this a business case.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    3. Re:Apple playing dirty by gubers33 · · Score: 2

      I never said it was against the law to hire a competitor's former employee, however in court with legal counsel it can be against the law if the judge rules in favor of Samsung for conflict of interest. And yes this does fit the mold for counsel dismissal for conflict of interest.

      --
      Just because you are wrong and I called you out on it doesn't mean I am a Troll.
    4. Re:Apple playing dirty by LynnwoodRooster · · Score: 4, Informative

      Apples only makes one model of each and there is little room for innovation.

      Even worse, Apple makes 50% of their revenue - and over 50% of their profits - from a SINGLE product in a SINGLE market (iPhone in smartphones). ANY loss in growth or actual loss in marketshare in that market or with that product means a direct, corresponding 2:1 loss in their revenue and profit (lose 2% in iPhone sales, lose 1% of your revenue).

      Apple pretty much has a single product - the iPhone. Everything else totaled is the minority revenue and profit generator for Apple. If they take ANY hits to the iPhone, they're in a very bad position. This is why Apple is getting so aggressive about cell phones - they are so dependent on that single product in a single market that they cannot afford any loss in growth of that product in that market.

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    5. Re:Apple playing dirty by UnknowingFool · · Score: 1

      Depends on the details on the employment but it happens all the time. Firms that specialize in patent ligation are not as common as other firms. Remember when SCO hired Boies and his current firm to represent them and IBM hired his previous law firm? There wasn't a lot of furor over that. I would suspect that if Apple does not use the same lawyers as Samsung used and Samsung got back all their files it wouldn't present as big a conflict of interest.

      --
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    6. Re:Apple playing dirty by KlomDark · · Score: 1

      Give em a couple years, they're starting to tick off even the smarmy Apple fans. They are already leaving in droves for Android. The cool factor only lasts so long, and they outstayed their welcome.

    7. Re:Apple playing dirty by maccodemonkey · · Score: 1

      iPhone is two products (3GS and 4), and the category also counts the iPod Touch, which sells more units than the iPhone.

      Certainly a large category for Apple, but most of it is driven by classic iPod users migrating to the iPod Touch, which is a pretty safe market from Android. It's not really the situation you imply.

    8. Re:Apple playing dirty by That+Guy+From+Mrktng · · Score: 1

      Apple seems to be doing just fine

      Sure, Microsoft did just as fine or even better when it started to use those shady tactics, in fact they are the innovators in IT shady stuff, they still doing fine because they rammed the competition in the ass to OS domination and undeservingly MS Windows become something indispensable, but iPads just don't fill any definition of indispensable. So, whats your point?

    9. Re:Apple playing dirty by That+Guy+From+Mrktng · · Score: 1

      The iPod touch it's a pretty good "palm". For those like me that don't like smartphones and have been using Android tablets for some time (w/out complains) the iPod touch it's an interesting option nonetheless.

    10. Re:Apple playing dirty by Anubis+IV · · Score: 1

      So, it sounds like you're saying Apple would crumble if the iPhone business fell apart. You do realize that the iPhone didn't even exist until 2007, right, and that Apple's entry into the market was derided by pretty much all of the big players? The iPhone has seen some explosive growth, to be sure, but Apple has shown that it has an ability to reinvent itself quickly in the last decade and a half.

      15 years ago, they were on the verge of bankruptcy. Then they came out with some colorful computers and a 21st century OS that got them back in the game. Just 10 years ago, they were still only making computers and didn't have another leg to stand on. Then the iPod came along, and pretty soon they started selling music too. Eventually they became the biggest seller of music, and around that time the iPhone came out. And now there's the iPad, video rentals, iCloud, and who knows what else? Apple has a higher market capitalization than any other technology company.

      Even if the iPhone were to disappear tomorrow, Apple is sitting on tens of billions of dollars in cash and has several other very successful product lines to sustain them until they come up with the next big thing. They've also shown that they're content to play a niche role in markets, and have done so in a variety of different areas for extended periods of time.

    11. Re:Apple playing dirty by Rich0 · · Score: 1

      It seems to me that having the same exact attorneys on the case is a clear violation of legal standards. The whole point of having a lawyer is that you can confide in them. To have that lawyer turn around and file suit against you in a matter similar to one they represented you in completely violates the attorney-client privilege. Obviously I don't know the details here, but this sounds like the sort of thing that could even get somebody disbarred.

      I'm sure the judge will investigate and bar anybody with insider knowledge about Samsung from being involved in the litigation. I don't know that this would extend to the entire firm.

      On the other hand, if Samsung loses they might actually have a malpractice tort against the opposing counsel. After all, if they did a proper job advising Samsung regarding patents then they wouldn't have prevailed against Samsung in court. How's that for a no-win situation?

    12. Re:Apple playing dirty by gubers33 · · Score: 1

      That is not two products. It is one product and it's new release. It is like saying IE7 and IE8 are different products, it is the same product different version.

      --
      Just because you are wrong and I called you out on it doesn't mean I am a Troll.
  7. Losing the innovation battle by acid06 · · Score: 1

    While Apple has done a lot of innovation in the previous years, it seems now they started to lose the innovation battle.

    Since they can't innovate in tech anymore they're probably thinking they should try to innovate in the legal area... let's see how will the Apple fans digest that thought...

    1. Re:Losing the innovation battle by tyrione · · Score: 1, Insightful

      While Apple has done a lot of innovation in the previous years, it seems now they started to lose the innovation battle. Since they can't innovate in tech anymore they're probably thinking they should try to innovate in the legal area... let's see how will the Apple fans digest that thought...

      Thanks for the laugh. Apple has the most lawsuits filed against it in the entire Industry. It's not because it's running around filing frivolous lawsuits. It's because it's innovating and people see it making massive inroads into areas once controlled by other players. With the heavy investment in R&D being so efficient at Apple resulting in a massive increase in Apple Patents they are required to defend them or lose them.

    2. Re:Losing the innovation battle by vijayiyer · · Score: 1

      By your rationale, no company develops anything. Combining ideas from disparate companies into a single product practically defines innovation.

    3. Re:Losing the innovation battle by X.25 · · Score: 2

      It's because it's innovating and people see it making massive inroads into areas once controlled by other players

      No, really, please tell me what is it that Apple innovated? What R&D are you talking about?

    4. Re:Losing the innovation battle by Actually,+I+do+RTFA · · Score: 2

      No, really, please tell me what is it that Apple innovated?

      Well, multitouch screens... oh no, that was Microsoft. Maybe tablet PCs? Oh, no wait, the first one of those I saw ran Windows. Well they at least created a whole new OS a few years ba... damn.

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    5. Re:Losing the innovation battle by geekoid · · Score: 1

      The popular smart phone. Innovation does NOT make something completely new and untouched by anything every thought of before.

      As far as tablets? that could be Elisha Gray. Something more modern? the RAND tablet/
      The there was GO... which is where MS stole technology to begin their own tablet product.

      So yeah, not a lot of innovation from MS either.

      MS and Apple just happened to be around when manufacturing techniques are at a place where previous good ideas who failed do to lack in infrastructure can now be made.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:Losing the innovation battle by That+Guy+From+Mrktng · · Score: 1

      My old and trusty, still working and 3 years ago retired Sony Ericsson P910 would like to have a word w/ anyone claiming that Apple invented smartphones. Palm Treos and BBs would like to join the conversation too.

    7. Re:Losing the innovation battle by CheerfulMacFanboy · · Score: 1

      No, really, please tell me what is it that Apple innovated?

      Well, multitouch screens... oh no, that was Microsoft. Maybe tablet PCs? Oh, no wait, the first one of those I saw ran Windows. Well they at least created a whole new OS a few years ba... damn.

      Multitouch screen from Microsoft? Oh, you mean that huge rig with a camera - stick that in your mobile device and drag it around.

      As for tablet PCs - yeah, Microsoft had them before, several times in fact. Apple was the one who didn't screw them up - several times.

      --
      Fandroids hate facts.
    8. Re:Losing the innovation battle by Actually,+I+do+RTFA · · Score: 1

      Also, my windows smartphone from 2006 would like to chime in as well.

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    9. Re:Losing the innovation battle by Actually,+I+do+RTFA · · Score: 1

      Multitouch screen from Microsoft? Oh, you mean that huge rig with a camera

      No, I meant multitouch capacitance touchscreens. You know, what phones use.

      Apple was the one who didn't screw them up

      *cough* Newton *cough*

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    10. Re:Losing the innovation battle by CheerfulMacFanboy · · Score: 1

      Multitouch screen from Microsoft? Oh, you mean that huge rig with a camera

      No, I meant multitouch capacitance touchscreens. You know, what phones use.

      So you "remember" things - have you seen a doctor about that?

      Apple was the one who didn't screw them up

      *cough* Newton *cough*

      Which outsold all tablet PCs attempts combined several times. Mostly because it was far better than all of them combined.

      --
      Fandroids hate facts.
  8. More spam from Florian Mueller by Trufagus · · Score: 5, Informative

    It's starting to appear that Florian Mueller is spamming /.?

    He was long ago discredited, and yet his useless posts are showing up quite regularly as the source of /. articles. Presumably he is using /. to increase his pagerank.

    1. Re:More spam from Florian Mueller by Dachannien · · Score: 2

      It would be marginally more correct to say that Florian Mueller is spamming PC Magazine, since the reason he's mentioned in the /. summary is because he was quoted in TFA.

    2. Re:More spam from Florian Mueller by Anubis+IV · · Score: 3, Interesting

      Exactly what I'm thinking. I've read coverage of this on 2-3 other sites today, and none of them indicated there was anything unusual about what was going on or that anything should be read into it. When higher-ups at Apple leave on poor terms, it's much more dramatic than this. You don't even have to look hard to find examples, since the breakups were so explosive. There's Fred Anderson, the former CFO and interim CEO who got embroiled with the SEC and made accusations against Steve Jobs (blasphemy!); Jon Rubenstein, who became the CEO of Palm and publicly made some harsh jabs at Apple while launching webOS; and Mark Papermaster, who was forced out during the antennagate brouhaha with the iPhone 4 last year.

      The timing with the HTC ruling that didn't go their way is likely coincidental, since it's just one minor ruling amongst dozens of cases that they have going on. You don't oust someone that high up over something that small, and Apple wins at least as often as it loses in court, so there's no reason his departure should signal internal legal troubles at Apple. Hell, we even had an article on /. just yesterday about how they fired off another round of attacks at HTC, and it mentioned that they had made similar attacks against Samsung not long before that.

      The guy probably just left because he got a better job offer. That does happen, as most of us here should know.

  9. Florian Mueller by bannable · · Score: 2

    I stopped reading this trash as soon as I realized he was involved in the article.

    --
    "If you see a man on a horse, he is likely an enemy. Kill the man and eat the horse."
  10. Re:Spare me!! by Teun · · Score: 1

    You see how close IP and patents are?

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  11. Re:Spare me!! by postbigbang · · Score: 1

    Adding his name was flamebait. Mueller is a self-proclaimed analyst, rather than one that cogent individuals seeking referential integrity would choose, IMHO.

    Pickins knew that it would up the pageview count by inserting his name is my guess.

    --
    ---- Teach Peace. It's Cheaper Than War.
  12. " intellectual property analyst Florian Mueller" by gnasher719 · · Score: 1

    You are having a laugh, right? "Paid Microsoft mouth piece" is a lot more accurate. Whatever happens at any Microsoft competitor, this guy will put a negative spin on it.

  13. Any bets on iPad taking the iPhone's revenue spot? by alispguru · · Score: 1

    What you say is true today. Given the iPad's growth and its dominance of the niche it essentially created, I doubt it will be true a year from now.

    --

    To a Lisp hacker, XML is S-expressions in drag.
  14. Correlation!=causality by UnknowingFool · · Score: 1

    In the article, Apple has not disclosed why the executive is leaving. It may be for all sorts of reasons including more time with family, better opportunity, he hates Steve Jobs, whatever. The only source cited about the possible Android link is speculation by Florian Mueller and he provides no basis for that supposition. His guess is as good as anyone else's but it is still a guess.

    --
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  15. Re:" intellectual property analyst Florian Mueller by UnknowingFool · · Score: 1

    Florian Mueller is as much expert on IP as I am an expert on Formula One racing because I played Gran Turismo once.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  16. A deserved patent? by Jazari · · Score: 1

    I don't like the Apple mindset, and I use an Android phone. But I have to admit that the original iPhone was revolutionary. Don't they deserve a patent for that?

    1. Re:A deserved patent? by geekoid · · Score: 1

      hmmm, yes and no. They probably have a legitimate patent claim on some technology in the phone, and possibly some manufacturing techniques, but a patent on 'smart phone'? no.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  17. How? by Anomalyst · · Score: 1

    How do you patent a Chief? Isnt there decades of prior art?

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  18. CFL; DR by exomondo · · Score: 1

    Cites Florian Mueller; Didn't Read

  19. CFM; DR by exomondo · · Score: 1

    of course i meant CFM; DR

  20. Not just Slashdot by Xest · · Score: 1

    Even the BBC is quoting him now, and The Register regularly quotes him and peddles his shit, although that's less of a suprise as The Register always relies on shills and people long discredited and full of shit to backup it's falsehoods- from music industry puppets, to discredited climate change denialists, to irrelevant military "experts" it's less of a suprise there. The BBC though? I'm dissapointed to say the least.

  21. Samsung i9000 by dave87656 · · Score: 1

    I just go a Samsung I9000 Smartphone and I'm very impressed. I think the IPhone is good, too, but it costs twice as much. Apples motto seems to be "If you can't beat 'em, sue 'em".