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Comment by Kylekramer | Hacker News Reader

Any clue why Apple is beating around the bush and not going after the main source (especially since this is just finishing off the trifecta of suing the main Android OEMs). While Samsung has been pretty blatant in their ripoffs of the iPhone design, I'd have to imagine they are better suited to fend off Apple than Google in this field and the suit is somewhat biting the hand that feeds Apple supplies. Are they just trying to make it known that "You go Android and we sue"?

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> Any clue why Apple is beating around the bush and not going after the main source

Because Google is not actually doing anything infringing.

Google is writing code, but software patents in the US do not apply to abstract code. They apply to specific devices. So if a patent is being infringed, it is done by the phone manufacturers and shippers, and not Google.

If that sounds odd, then it is, but that is how the patent system currently works.

Also, the button layout that they complain about isn't necessarily stock android. It's a UI modification Samsung put on top of things. This is stick android 2.3, for example: http://www.itsagadget.com/wordpress/wp-content/uploads/2010/...

The article specifies three design patents. So it doesn't appear to be about Android, but rather just physically-similar devices.

That is what the article focuses on, but the actual suit includes the Android operating system itself. Passing reference in the article to Android as "core technology".

Edit: Case in point, the Nexus S is named in the suit despite being pure Android and having a fairly unique design.

"In particular, Apple cites patents issued in 2009 and 2010 that cover the physical design of the iPhone along with various trademarks for its app icons."

If the main thrust of the suit is around the physical design, they probably have to go after the OEMs, not Google. Seems like Google could probably duck that.

"Any clue why Apple is beating around the bush and not going after the main source"

It might be because Google is too powerful. It might be because Google isn't the one putting the OS on phones and selling them, companies like HTC and Samsung are -- maybe that makes it difficult to successfully sue Google directly. In any case, it's clear that Apple and Microsoft are willing to do anything to keep Android from becoming a dominant mobile OS. As John Gruber wrote [1]:

"The patent suit against HTC [...] is all about Google - about creating a situation where Android is no longer a free operating system for handset makers in the U.S., because the cost of using it is an expensive legal defense against Apple."

Perhaps also of interest: a John Gruber piece [2] arguing against software patents, using quotes from Paul Graham, Tim Bray, and Will Shipley.

[1] http://daringfireball.net/2010/03/napalm_in_the_morning

[2] http://daringfireball.net/2010/03/this_apple_htc_patent_thin...

Much more effective to go after individual phone makers.

If you go after Google you go after a company that obviously has a big stake in mobile share and will want to fight for it.

If you go after individual phone makers, they have to decide if it is worth continuing going down this path. Even more likely, a new phone maker might get scared off at producing a clone that doesn't have the financial resources to fight Apple.

From the article "In particular, Apple cites patents issued in 2009 and 2010 that cover the physical design of the iPhone along with various trademarks for its app icons."

It looks like this is more around form factor which is on Samsung, and only slightly related to screen UI.

I guess Google needs those Nortel patents more than ever now, if only to fight off such patent lawsuits against its partners.

Maybe because of Google Maps on iDevices. Very hard to replace, as there are only 3 companies, including Google, who own somewhat global routing maps.

Keep in mind that the map software itself was created by Apple. Also keep in mind that there is almost certainly some sort of SLA/contract ensuring continued access to Google Maps data for some time period, and that it would not be particularly impossible to switch to, say, Bing-powered map graphics.

> Keep in mind that the map software itself was created by Apple.

Sure but it's just using google maps API with a fancy UI.

> Also keep in mind that there is almost certainly some sort of SLA/contract ensuring continued access to Google Maps data for some time period

And I'm pretty sure there's a clause that would void that contract should apple sue google over patents.

> say, Bing-powered map graphics

Bing map is way inferior to google maps, otherwise apple would have switched a long time ago.

Bing map is way inferior to google maps, otherwise apple would have switched a long time ago.

The major companies making maps are TeleAtlas, Navteq, and Google. TeleAtlas is owned by TomTom, Navteq is owned by Nokia. Navteq is used by Google, Microsoft and Mapquest. If Apple ever wanted to switch to another map provider, it wouldn't need a middleman like Microsoft.

Sure but it's just using google maps API with a fancy UI.

If so, then I reckon that's temporary, given that Apple bought companies like Placebase, Poly9, and Siri.

http://www.appleinsider.com/articles/10/07/14/apple_acquires...

http://www.appleinsider.com/articles/09/10/01/apple_purchase...

http://www.appleinsider.com/articles/10/04/28/apple_acquires...

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