Feeds

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

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

Secure remote control for conventional and virtual desktops

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.” ®

Next gen security for virtualised datacentres

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Banking apps: Handy, can grab all your money... and RIDDLED with coding flaws
Yep, that one place you'd hoped you wouldn't find 'em
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
Primetime precrime? Minority Report TV series 'being developed'
I have to know. I have to find out what happened to my life
prev story

Whitepapers

A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?
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.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.