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Apple Claims Key Android Framework 'Inspired' by Andy Rubin's Work at Apple

Friday September 2, 2011 2:32 pm PDT by Eric Slivka
FOSS Patents reports on an interesting twist in Apple's case against HTC currently underway with the U.S. International Trade Commission. According to a recently-filed brief, Apple claims that a key patent for a "real-time signal processing" API which HTC is accused of infringing in its Android devices was developed by a team of Apple engineers, of which Android co-founder and current Google executive Andy Rubin was a member.

While the revelation is not directly relevant to Apple's case against HTC , the claim is provided primarily to bolster Apple's case that HTC has not been entirely truthful in presenting its case by omitting discussion of Rubin's time at Apple. According to Apple, Rubin was a "low-level engineer" at Apple reporting directly to the inventors of the patent in question at the time the invention. Apple suggests that Android's alleged infringing framework was the result of "Mr. Rubin's inspiration" from that work at Apple. From the legal brief:
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.
Apple is of course not claiming that the entire basis of Android was actually developed at Apple, but its assertion that Rubin may have utilized some of Apple's work within Android could be problematic for Google should Apple decide to press a case directly against Google.

Rubin's behavior has already been called into question in a separate case brought by Oracle over the use of Java in Android. In that case, evidence in the form of an email written by Rubin in which he suggested that Google could use Java within Android without permission from Sun (now a part Oracle) has been introduced, leading to accusations of "willful infringement" against Rubin and Google. It seems that Apple may be at least planting the seed that Rubin could have engaged in similar activity dating back to his time at Apple twenty years ago.
[ 202 comments ]

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SiMBa37
46 months ago
Any one else tired of Andy Rubin's perpetual smirk in all of his pics? Its like he knows some inside secret that he's not willing to share.
Rating: 12 Votes
Avatar
neiltc13
46 months ago
And the notifications system in iOS5 is clearly "inspired" by Android. What's new?
Rating: 10 Votes
Avatar
Eric S.
46 months ago

whats Apple going to say next?


Since Apple invented cool technology, anything really cool belongs to them.
Rating: 10 Votes
Avatar
Steve's Barber
46 months ago

And the notifications system in iOS5 is clearly "inspired" by Android. What's new?

Exactly.

For god's sake... there are only so many ways a thumb and finger can interact with a 3.5" screen.
Rating: 8 Votes
Avatar
ChazUK
46 months ago

Did it have push notifications?


What does push notifications have to do with the notification system of Android?

When people refer to iOS's notification system, they are referring to the drop down notification bar available since Android 1.0 was launched on the G1.


Which Cydia modification added the drop down notification bar to iPhone OS prior to the G1's release in 2008?
Rating: 8 Votes
Avatar
Doctor Q
46 months ago
It's starting to sound like an echo of Barbie vs. Bratz (http://www.time.com/time/business/article/0,8599,2067001,00.html).
Rating: 7 Votes
Avatar
shompa
46 months ago

And the notifications system in iOS5 is clearly "inspired" by Android. What's new?


Not this again.

Googles notification system is inspired by Cydia notification system for unlocked iOS devices.

Apple hired the developer of that Cydia app and integrated it into iOS5. So Apple have not been inspired by Google in this case.

Hate Apple. Love Google.
But use facts.
Rating: 7 Votes
Avatar
Oletros
46 months ago

Ok.
I think we are talking about 2 different things.

I mean: push email, contacts, calendar and push messages from programs. For example: New CNN headline news.

Google have had push since T1 for email, contacts, calendar. But not for apps.

There is a difference between push and push notifications.

Push notifications for apps was introduced Android 2.2
http://www.engadget.com/2010/05/20/android-2-2-froyo-officially-announced/

Push notifications for mail was introduced 2010 aug 24
http://www.crn.com/news/networking/226900184/google-launches-push-notification-feature-for-gmail-calendar.htm;jsessionid=7jaZJxqTvQvX3wmIWQ23TA**.ecappj02

So. Google did not have real push notifications, witch is a part of messaging center.


My God, but can you read the link you put.

Push notifications for Mail was for iPhone, NOT for Android. Android had push notifications from the start.

You know something called IMAP IDLE, don't you?

And Android has had push notifications on all apps since the beginning. And you know why? Because it has had multitasking from the beginning and thay didn't need something like the "push notification service" made by Apple to circunvect the lack of multitasking.

Please, for the last time. READ and UNDERSTAND better before writing such nonsense

And no, Cloud to Phone is not like push notifications
Rating: 7 Votes
Avatar
shompa
46 months ago

If Android notifications are inspired on Cydia ones how they were before on Android devices than on Cydia phones?

But use facts


How old is Android messaging center?

I can find Cydia apps since 2009. Before Google phone was launched.

Just give me proof and I will stand corrected and change opinion.
Rating: 6 Votes
Avatar
KnightWRX
46 months ago

Ok.
I think we are talking about 2 different things.


You changed the subject. When you were defeated on the "Cydia had the notifications like iOS 5's notifications before Android bit", you changed it to this non-sense about "push" notifications, which had nothing to do with the initial point.

Anyway, this is all off-topic. The topic is Apple's FUD claiming Andy Rubin's 1992 employment at Apple and access to engineers that wrote up the '263 patent is somehow relevant today with Android.
Rating: 6 Votes

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