The patent describes a method for booting a personal computer including the standard Power On Self Test, or POST that most machines perform, including Apple’s Macs running OS X.
Operating Systems Solutions Inc. didn't specify in the patent infringement litigation at the specific version of the Apple Mac OS X operating system. However, the company said Apple's sales in the region using Mac OS X operating system, the MacBook Pro Apple laptop computers and other PC infringed its patents.
According to court documents, Operating Systems Solutions Inc. requested injunctive relief. The company asked for damages and the immediate destruction of all remaining advertisements, flyers, other promotional activities or advertising content, and other infringing content.
At first glance, the lawsuit seems no different than other patent troll cases that litter the legal landscape--but there are a few oddities that hint at a larger purpose to the filling.
For one thing. the patent holder--Operating System Solutions--is an absolute unknown. Even patent trolls typically have websites and a modest online presence; OSS appears to lack even these items. Furthermore, the patent in question was originally granted to LG back in 2002, before being transferred and reissued OSS in 2008.
It's not uncommon for big companies to sell or transfer patents that they don't need, but it's unclear what OSS does, why it acquired the patent, or whether the company even exists as anything but a mailing address. In addition, this is fairly old technology: LG applied for the patent in 1999, and certain submitted drawings refer to Windows 95 as the final booted operating system.
There's nothing obviously wrong with the patent itself, but the court filing doesn't specify which version of OS X allegedly infringes its property or make mention of any negotiating process beyond a boilerplate statement that it notified Google of the infringement. There's been some speculation that OSS may be acting as a proxy for LG, which has its own stake in the smart device race and may have filed suit against Apple in a legal preemptive strike.
The patent was previously owned by LG Electronics, the makers of the LG G-Slate, an Android powered tablet. This has led some to speculate that LG’s ties to Android could in fact make this a shell game that is being used to open a line of attack for Android on Apple’s OS.
Some of those claims raised by Apple have to do with core Android features, not just the design of these devices, making the outcome of those suits potentially very impactful on any device running Android.
We'll keep an eye on this suit as it could very well turn into a major part of the battlefield between Apple and Android.
