Apple and Microsoft's Licensing Pact Spells Out Cloning Taboo
August 14, 2012 1:24 PM
Thou shalt not clone, says the legalese
It's common knowledge that when Microsoft Corp. (
) briefly stepped in to save the
train wreck that was Apple
, Inc. (
) in the mid-nineties, the pair cemented their bond with a
deep cross-licensing pact
which has been responsible for the relative peace between the pair in these hyper-litigious times. During the
copyright infringement trial
being held at the
U.S. District Court for the Northern District of California
between Samsung Electronics Comp., Ltd. (
) and Apple, that licensing relationship was the topic of some questions, questions that raised interesting details.
Apple patent licensing/strategy director Boris Teksler is quoted by
as testifying, "The Apple and Microsoft cross-license does cover the design patents. However, we took special prohibitions from both parties so there is what I term an 'anti-cloning' provision... so we couldn't copy each other's products. There's a clear acknowledgement that there's no copying."
The cross-licensing agreement covered both design (aesthetics) and utility (technology) patents worldwide.
[PDF] of that 1997 arrangement it then highlighted the passage that Mr. Teksler was talking about:
In other words, Apple and Microsoft won't sue each other for individual features (e.g.
swipe to unlock
, or bounce animations) or minor design details (e.g.
a rectangular smartphone
), but if either company feels the other is "slavishly copying" the entire comprehensive product, they could -- in theory, at least -- sue the other.
Is this interesting? Certainly.
How does it affect the Samsung v. Apple case? That is unclear. Apple clearly claims that Samsung "cloned" its products.
Apple claims Samsung "slavishly copied" its products. [Source:
David Paul Morris/Getty Images
But ultimately this testimony could be used against Apple if Samsung can establish that its smartphones/tablets are as different from the iPhone/iPad in design and user interface as Windows Phone 7 handsets and Windows tablets are from the iPhone/iPad. Because if the level of differences is similar, and it was enough to constitute "slavishly copying"/cloning, the question would be why Apple isn't suing Microsoft as well.
"You can bet that Sony built a long-term business plan about being successful in Japan and that business plan is crumbling." -- Peter Moore, 24 hours before his Microsoft resignation
Samsung Shines Against Apple Design Expert, But Struggles w/ Embarrassing Doc
August 8, 2012, 2:08 PM
Samsung Product Chief Takes Issue With Apple "Owning" the Rectangle
July 31, 2012, 1:03 PM
Apple Patents Mobile Lists, Method to Make a Graphic Disappear; Plans More Suits
July 18, 2012, 2:40 PM
Tudor Brown Retiring After Propelling ARM to the Top of Mobile Market
November 12, 2011, 1:00 AM
Master of Unlocking: Apple Patents Swipe-to-Unlock Despite Prior Art
October 26, 2011, 3:27 PM
Meizu Smartphone - Now Available in US
December 9, 2016, 5:00 AM
3 Budget LED TVs
December 7, 2016, 5:00 AM
How is the BlackBerry DTEK50 Doing Today?
December 6, 2016, 1:00 PM
Best Secure Android Mobile Browsers:
December 5, 2016, 7:24 PM
Latest News, this is how the Moto X (2017) might look
December 3, 2016, 9:02 AM
Fake Apple Chargers Fail Safety Tests
December 2, 2016, 5:00 AM
Most Popular Articles
What Can You Do with Your New Echo Dot?
December 3, 2016, 5:00 AM
Google has developed Deep Learning Algorithm to detect Diabetic Eye Disease
December 4, 2016, 5:00 AM
Sound Blaster Z SBX PCIE Gaming Sound Card - Superb High Performance Sound Card
December 6, 2016, 1:00 AM
GizmoTab – Verizon’s new $80 Tablet for Kids
December 4, 2016, 5:30 AM
Foscam R2 Home Security Camera System – High Quality High FHD Security Video Footage with No Monthly Fees
December 1, 2016, 2:00 AM
Latest Blog Posts
Dec 10, 2016, 5:00 AM
Dec 9, 2016, 5:00 AM
Latest Tech News
Dec 8, 2016, 5:11 AM
In The News
Dec 7, 2016, 5:00 AM
e Guide: Mobile Security for 2017
Dec 6, 2016, 5:00 AM
Apple Car is Not Dead
Dec 5, 2016, 1:00 AM
Dec 4, 2016, 5:00 AM
Dec 3, 2016, 5:00 AM
Dec 2, 2016, 5:00 AM
Surface Ergonomic Keyboard
Dec 1, 2016, 3:01 AM
Chapeconense plane crash: Football rallies around Brazilian Team
Nov 30, 2016, 1:00 AM
How to Extends Your iPhone’s Battery Life
Nov 29, 2016, 12:49 AM
Nov 28, 2016, 1:12 AM
News: Fidel Castro
Nov 27, 2016, 5:00 AM
Nov 26, 2016, 5:00 AM
Changes in Social status affect the way genes turn on and off within immune cells.
Nov 25, 2016, 5:12 AM
Austrian far–right hopeful Hofer may back EU vote.
Nov 24, 2016, 4:00 AM
Final Fantasy XV Leaked Before Nov 29 Launch Date
Nov 23, 2016, 1:00 AM
Nov 22, 2016, 2:26 AM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information