Feeds

Frenchies' rash cache clash dashed: US courts trash Android patent bid

Gemalto suit against Google, Moto, Sammy and HTC dismissed on appeal

5 things you didn’t know about cloud backup

A US Appeals Court has rejected a patent case brought by French digital security biz Gemalto against Google's Android operating system.

The court upheld [PDF] the decision of the lower courts that the Android platform did not infringe three Gemalto patents that cover technology in the firm's smartcards.

The three patents in question – 6,308,317, 7,117,485, and 7,818,727 – describe "using a high-level programming language with a microcontroller"

The company said in a statement that it was disappointed by the appeals court decision.

“Gemalto has consistently patented and broadly licensed its innovation so we are certainly disappointed by this judgment with regards to the scope of use of some of our intellectual property,” said CEO Olivier Piou.

The company argued that its technology helped software, such as apps written in Java, run on weedy processors found in less powerful Android devices. It thus filed suits against Google, Motorola, Samsung and HTC.

However, the courts disagreed because Gemalto’s patented tech described software stored in the same chip as the processor – as is often the case with microcontrollers – whereas the Android gadgets held code in separate storage.

A district court in Texas that heard the original case said the Android devices didn’t infringe Gemalto's patented tech because they “store program instructions off-chip and access those off-chip instructions to run the accused applications”.

Gemalto appealed, saying that although the devices didn’t literally infringe, they were infringing under the “doctrine of equivalents” – in other words, it was the same difference whether the patents acted all on-chip, as in its own products, or on- and off-chip, as in smartphones.

The French firm said the accused devices temporarily loaded program instructions from off-chip memory into on-chip cache memory, making them equivalent to all on-chip. But the appeals court in Washington DC saw it differently.

“Because cache memory cannot store applications (or any content) when a device is turned off, the court concluded that cache memory is substantially different from permanent memory and not equivalent for infringement purposes,” Judge Leonard Davis said in his ruling.

Piou said that the ruling wouldn’t affect the firm or its patents’ validity.

“This decision has no impact on our historical patents licensing activity, nor on the Company’s 2017 long-term objectives,” he said.

Analysts at ING however, said that the court’s dismissal of the case would cut off a nice little revenue stream for the firm.

"We had estimated that if Gemalto had won the case the company could have been entitled to either a one-off payment in damages, or higher royalty receipts that could amount to €30m to €50m per annum," they said in a note, seen by Reuters.

“It thus erodes a three per cent earnings increase potential.” ®

5 things you didn’t know about cloud backup

More from The Register

next story
BBC: We're going to slip CODING into kids' TV
Pureed-carrot-in-ice cream C++ surprise
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
Twitter: La la la, we have not heard of any NUDE JLaw, Upton SELFIES
If there are any on our site it is not our fault as we are not a PUBLISHER
Facebook, Google and Instagram 'worse than drugs' says Miley Cyrus
Italian boffins agree with popette's theory that haters are the real wrecking balls
Sit tight, fanbois. Apple's '$400' wearable release slips into early 2015
Sources: time to put in plenty of clock-watching for' iWatch
Facebook to let stalkers unearth buried posts with mobe search
Prepare to HAUNT your pal's back catalogue
Ex-IBM CEO John Akers dies at 79
An era disrupted by the advent of the PC
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?