• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military

2

'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032

3

Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there

1

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military

2

'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032

3

Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
Mobile technology

What’s eating Florian Mueller?

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
April 3, 2014, 1:18 PM ET
Mueller

FORTUNE — The questions in the subhead are not mine. They were posted Thursday on Investor Village’s AAPL Sanity board. But questions along those lines are being asked by more than a few long-time readers of Florian Mueller’s FOSS Patents blog, including executives at Apple (AAPL) headquarters.

Mueller, for those unfamiliar with his work, may be the world’s most-quoted expert on smartphone patents. In the four years since Steve Jobs launched his “thermonuclear” war on Google’s (GOOG) Android, I’ve quoted him in 80 different stories. In the main, he’s been supportive of Apple’s intellectual property claims and critical of countersuits based on so-called standards essentials patents, like the ones Samsung asserted in the first Apple v. Samsung trial.

But something changed between the 2012 trial — the one that resulted in a jury awarding Apple damages of roughly $1 billion — and the trial that began this week.

It started with a March 11 post that opened with an acknowledgment that in the past Mueller has “sometimes, maybe even quite often, but not always agreed with Apple,” but quickly shifted gears:

 “I face the first situation,” he wrote, “in which I don’t merely disagree with Apple but am rather wondering whether it has lost its mind.”

The issue that set him off was Apple’s demand, revealed in a January pretrial hearing, that Samsung pay $40 per patent for the five patents at issue in Apple v. Samsung II.

“$40 per unit,” he wrote. “For five software patents. Give me a break. Reality distortion would be a total understatement for this.”

If that weren’t enough to raise the blood pressure of Apple partisans, it was followed four days later with a positive recommendation for Yukari Kane’s
Haunted Empire
— a book that nearly every other reviewer panned.

Then, on Wednesday, Mueller issued two more rapid-fire posts:

  • 10 European judges found Apple had not invented slide-to-unlock (star patent at Samsung trial)
  • In 49 months of holy war, Apple has not proved that it owns any feature other than rubber-banding

It was those last posts that got the folks at AAPL Sanity talking about payola.

I asked Mueller about this charge in a March 18 e-mail: “I’ve noticed a change in the tone of your last two pieces, and I’m not the only one. Is there something I should know — or you should disclose — about your client list?”

His reply:

“If there was a change relevant to my blog, I’d disclose it immediately. The only change to my client list is the addition of a German automobile manufacturer. Car manufacturers increasingly have to address smartphone patent issues. This is unrelated to my blogging subjects.

“I am, however, increasingly skeptical of Apple’s chances. I expressed such skepticism on a few earlier occasions, such as after the HTC settlement.”

I followed up Thursday, after the two most recent posts. “If something is going to come out eventually,” I wrote, “I hope you would do me the courtesy of giving me first crack at the story.”

This time he mentioned that he’s developing an app:

“There’s nothing that could come out so I won’t be able to give you a scoop. But everyone can verify easily that I expressed the very same position on Apple’s pricing vs. Android before. For some time I thought IP enforcement could help Apple, but there comes a point when the results don’t suggest Apple will get serious leverage.

“The closest thing to a conflict of interests is something I’m transparent about in my recent posts: I will launch my app on Android first. (Second platform will be decided after launch, but most likely be Windows 8.1 because of desktop market share.) I consider this something relevant to disclose, but it’s not a conflict of interest per se because I wouldn’t have made that platform choice if not for the views I express. It’s like eating one’s one dog food, sort of.”

I have some sympathy for Mueller. When he was writing positively about Apple he was regularly excoriated by Google partisans who claimed that his coverage was colored by the fact that he has done paid consulting work for Microsoft (MSFT) and Oracle (ORCL), two firms that have locked horns with Google in the past.

Now he’s getting it from an even more rabid fan base. You can hear his frustration in his latest post — Apple does not ‘own’ multitouch smartphones and tablets any more than Samsung ‘owns’ phablets — in which he addresses the charges of payola directly.

“There’s a sense of entitlement in the Apple camp and it is centered around the notion that Apple, because it reinvented the smartphone (I agree) and built the first popular tablet in history (I agree, too), has exclusionary rights that give it serious leverage over Google and its hardware partners (on this one I disagree for non-philosophical reasons after watching Apple’s lawsuits for several years)…

“I did some work for Microsoft and announced it a long time ago; that does not make me a “mouth piece”. I also announced a working relationship with Oracle a long time ago; same thing — and when the appellate decision in Oracle v. Google comes down, a lot of people will suddenly see that I was right. As for Apple, I addressed that one further above, and if I had had in an alternative universe an opportunity to work for Apple at this stage, I would have been unable to comment on this trial publicly because of my fundamental disagreement with Apple’s damages claims and its disproportionate infringement allegations. My opinions are not for sale.”

There you have it. He’s on the record now.

About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

Xbox CEO Asha Sharma
SuccessCareers
Xbox’s CEO spent her early career taking out trash and selling coupon books—she says the secret to her rise was never obsessing over a dream career
By Preston ForeJune 10, 2026
31 minutes ago
Boris Cherny, Head of Claude Code
SuccessHiring
The architect behind Claude Code reveals the three things Anthropic looks for in a good hire—and why people with low ego are a must
By Emma BurleighJune 10, 2026
51 minutes ago
Meryl Streep says she was ‘ready to retire’ when the call for ‘Devil Wears Prada 2’ came—so she demanded they double her salary or nothing
SuccessThe Promotion Playbook
Meryl Streep says she was ‘ready to retire’ when the call for ‘Devil Wears Prada 2’ came—so she demanded they double her salary or nothing
By Orianna Rosa RoyleJune 10, 2026
1 hour ago
Trump sits at the Resolute Desk with his hands folded
AIImmigration
OpenAI and Nvidia CEOs didn’t flinch at Trump’s $100,000 H-1B visa fee, and now they’re paying up as their application numbers soar
By Jacqueline MunisJune 10, 2026
2 hours ago
knicks
SuccessNew York
‘Knicks in 6. 2026 NBA Finals’: Why did this New Yorker make a prophecy in his 2020 high school yearbook?
By Philip Marcelo and The Associated PressJune 10, 2026
2 hours ago
platner
PoliticsElections
Graham Platner easily prevails over attempts to derail progressive Senate candidacy in Maine
By Patrick Whittle, Kimberlee Kruesi and The Associated PressJune 10, 2026
2 hours ago

Most Popular

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military
Asia
Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military
By Kate O'Keeffe and BloombergJune 8, 2026
2 days ago
'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032
Economy
'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032
By Nick LichtenbergJune 9, 2026
23 hours ago
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
Success
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
By Preston ForeJune 8, 2026
2 days ago
Current price of oil as of June 9, 2026
Personal Finance
Current price of oil as of June 9, 2026
By Joseph HostetlerJune 9, 2026
1 day ago
Current price of silver as of Tuesday, June 9, 2026
Personal Finance
Current price of silver as of Tuesday, June 9, 2026
By Joseph HostetlerJune 9, 2026
1 day ago
Wall Street dumped nearly $1 trillion in tech stocks by midday—then clawed it back and bought peanut butter and paint
Investing
Wall Street dumped nearly $1 trillion in tech stocks by midday—then clawed it back and bought peanut butter and paint
By Eva RoytburgJune 9, 2026
18 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.