Apple and Microsoft's Licensing Pact Spells Out Cloning Taboo
August 14, 2012 1:24 PM
comment(s) - last by
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.
This article is over a month old, voting and posting comments is disabled
RE: The cash infusion didn't save Apple
8/15/2012 1:23:25 AM
Simply put, it's Microsoft being Microsoft
Throwing bits of cash everywhere and diversifying your investment portfolio is a financial standard all people should adopt, but unfortunately its something only mega-corporations seem to do, and we wonder why they are mega and want them to pay ridiculous taxes for being financially savvy.
On average, Americans save/invest less than 4% of their income. In Germany, people save/invest 10-25% of their income. Now compare the two national economies and I believe the point has been made.
Microsoft purchasing even a tiny percentage of Apple was neither a risk nor a disappointment.
"We don't know how to make a $500 computer that's not a piece of junk." -- Apple CEO Steve Jobs
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
Surface 2 LTE Tipped for AT&T, Power Cover Available for Pre-order
March 12, 2014, 9:15 AM
HTC One Leaks: LED Smart Cover, Carrier Models, Google Play Ed.
March 11, 2014, 5:30 PM
New HTC One Camera Details Revealed via Leaked Ad
March 11, 2014, 9:20 AM
India Could Rock Google With Its Biggest Antitrust Fine Yet -- $5B USD
March 10, 2014, 8:12 PM
Apple Releases iOS 7.1, The First Major Update to Its "Rethought" Mobile OS
March 10, 2014, 1:52 PM
BlackBerry CEO Jokes that iPhone Users are "Wall Huggers"
March 10, 2014, 12:20 PM
Most Popular Articles
Bitcoin King Pt. II: Mt. Gox's Dictator Karpelès Proves Tragically Flawed
March 7, 2014, 1:12 PM
Windows 8.1 Update 1 Leaked Early
March 7, 2014, 9:30 AM
Apple Won't Let UK Sons Unlock Their Deceased Mother's iPad
March 6, 2014, 12:44 PM
Hack Reveals Fallen Bitcoin CEO's Posh Tokyo Penthouse
March 10, 2014, 4:28 PM
Lt. Gen. Davis Says Next Gen USAF Bomber Will "Of Course" Surpass $550M/Unit
March 6, 2014, 9:45 AM
Latest Blog Posts
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
Global Cyber Espionage Concerns Reveal Growing Cyber Armies
Nov 29, 2013, 11:04 AM
Is The Period Becoming an Expression of Anger?
Nov 26, 2013, 2:02 PM
NSA and Congress -- You Will Never Kill the Constitution, It's an Idea
Nov 10, 2013, 2:00 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information