Apple alleges that Andy Rubin got inspiration for Android's framework at Apple, according to an ITC brief in the case against HTC.
Rubin, co-founder and former CEO of both Danger Inc. and Android Inc, worked at Apple from 1989 - 1992. Rubin's superiors at Apple were the inventors of the realtime API patent that HTC is being accused of infringing on.
Android and Mr. Rubin's relevant background does not start, as HTC would like the Commission to believe, with his work at General Magic or Danger in the mid-1990s. In reality, as the evidence revealed at the hearing, Mr. Rubin began his career at Apple in the early 1990s and worked as a low-level engineer specifically reporting to the inventors of the '263 [realtime API] patent at the exact time their invention was being conceived and developed. [...] It is thus no wonder that the infringing Android platform used the claimed subsystem approach of the '263 patent that allows for flexibility of design and enables the platform to be "highly customizable and expandable" as HTC touts. [...] While Mr. Rubin's inspiration for the Android framework may not be directly relevant to the pending petitions for review, that HTC felt compelled to distort this history is illustrative of the liberties it takes in attacking the ALJ's [initial determination] and the substantial evidence supporting the ALJ's findings.
FOSS Patents notes that "should Apple at some point sue Google directly over this patent, this background could, however, have serious ramifications: Google (or a Google subsidiary like MMI) would almost certainly be found to infringe the relevant patent intentionally, and willful infringement would greatly increase Apple's chances of obtaining an injunction as well as triple damages."
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Rubin, co-founder and former CEO of both Danger Inc. and Android Inc, worked at Apple from 1989 - 1992. Rubin's superiors at Apple were the inventors of the realtime API patent that HTC is being accused of infringing on.
Android and Mr. Rubin's relevant background does not start, as HTC would like the Commission to believe, with his work at General Magic or Danger in the mid-1990s. In reality, as the evidence revealed at the hearing, Mr. Rubin began his career at Apple in the early 1990s and worked as a low-level engineer specifically reporting to the inventors of the '263 [realtime API] patent at the exact time their invention was being conceived and developed. [...] It is thus no wonder that the infringing Android platform used the claimed subsystem approach of the '263 patent that allows for flexibility of design and enables the platform to be "highly customizable and expandable" as HTC touts. [...] While Mr. Rubin's inspiration for the Android framework may not be directly relevant to the pending petitions for review, that HTC felt compelled to distort this history is illustrative of the liberties it takes in attacking the ALJ's [initial determination] and the substantial evidence supporting the ALJ's findings.
FOSS Patents notes that "should Apple at some point sue Google directly over this patent, this background could, however, have serious ramifications: Google (or a Google subsidiary like MMI) would almost certainly be found to infringe the relevant patent intentionally, and willful infringement would greatly increase Apple's chances of obtaining an injunction as well as triple damages."
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