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

andy rubin headshotFOSS 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.

Popular Stories

iOS 26

iOS 26.4 and iOS 27 Features Revealed in New Leak

Friday December 12, 2025 10:56 am PST by
Macworld's Filipe Espósito today revealed a handful of features that Apple is allegedly planning for iOS 26.4, iOS 27, and even iOS 28. The report said the features are referenced within the code for a leaked internal build of iOS 26 that is not meant to be seen by the public. However, it appears that Espósito and/or his sources managed to gain access to it, providing us with a sneak peek...
Apple Logo Top Half

Early iOS 26 Software Leak Uncovers Dozens of Upcoming Apple Features

Monday December 15, 2025 3:05 pm PST by
Software from an iPhone prototype running an early build of iOS 26 leaked last week, giving us a glimpse at future Apple devices and iOS features. We recapped device codenames in our prior article, and now we have a list of some of the most notable feature flags that were found in the software code. In some cases, it's obvious what the feature flags are referring to, while some are more...
apple beta 26 lineup

Apple Leak Confirms Work on Foldable iPhone, AirTag 2, and Dozens More Devices

Monday December 15, 2025 2:05 pm PST by
Last week, details about unreleased Apple devices and future iOS features were shared by Macworld. This week, we learned where the information came from, plus we have more findings from the leak. As it turns out, an Apple prototype device running an early build of iOS 26 was sold, and the person who bought it shared the software. The OS has a version number of 23A5234w, and the first...
Apple Foldable Thumb

Leak Reveals Foldable iPhone Details

Monday December 15, 2025 9:09 am PST by
The first foldable iPhone will feature a series of design and hardware firsts for Apple, according to details shared by the Weibo leaker known as Digital Chat Station. According to a new post, via machine translation, Apple is developing what the leaker describes as a "wide foldable" device, a term used to refer to a horizontally oriented, book-style foldable with a large internal display....
iOS 26

iOS 26.3 Beta 1 Features: What's New So Far

Monday December 15, 2025 4:23 pm PST by
Apple is testing iOS 26.3, the next version of iOS 26 that will launch around January. Since iOS 26.3's testing is happening over the holidays, it is a smaller update with fewer features than we've seen in prior betas. We've rounded up what's new so far, and we'll add to our list with subsequent betas if we come across any other features. Transfer to Android Apple is making it simpler...
iOS 26

Apple Releases iOS 26.2 With Alarms for Reminders, Lock Screen Changes, Enhanced Safety Alerts and More

Friday December 12, 2025 10:10 am PST by
Apple today released iOS 26.2, the second major update to the iOS 26 operating system that came out in September, iOS 26.2 comes a little over a month after iOS 26.1 launched. ‌iOS 26‌.2 is compatible with the ‌iPhone‌ 11 series and later, as well as the second-generation ‌iPhone‌ SE. The new software can be downloaded on eligible iPhones over-the-air by going to Settings >...
iOS 26

iOS 26.2 Coming Soon With These 8 New Features on Your iPhone

Thursday December 11, 2025 8:49 am PST by
Apple seeded the second iOS 26.2 Release Candidate to developers earlier this week, meaning the update will be released to the general public very soon. Apple confirmed iOS 26.2 would be released in December, but it did not provide a specific date. We expect the update to be released by early next week. iOS 26.2 includes a handful of new features and changes on the iPhone, such as a new...
airpods max 2024 colors

AirPods Max 2 Likely to Offer These 10 New Features

Monday December 15, 2025 7:41 am PST by
Apple released the AirPods Max on December 15, 2020, meaning the over-ear headphones launched five years ago today. While the AirPods Max were updated with a USB-C port and new color options last year, followed by support for lossless audio and ultra-low latency audio this year, the headphones lack some of the features that have been introduced for newer generations of the regular AirPods and the ...

Top Rated Comments

SiMBa37 Avatar
187 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.
Score: 12 Votes (Like | Disagree)
Eric S. Avatar
187 months ago
whats Apple going to say next?

Since Apple invented cool technology, anything really cool belongs to them.
Score: 10 Votes (Like | Disagree)
neiltc13 Avatar
187 months ago
And the notifications system in iOS5 is clearly "inspired" by Android. What's new?
Score: 10 Votes (Like | Disagree)
ChazUK Avatar
187 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?
Score: 8 Votes (Like | Disagree)
Kane08 Avatar
187 months ago
Yes, ALL of Android derives from what Rubin saw about the 263 patent at Apple.
Apple isn't claiming to have invented android or rubin got all his inspiration from this patent. What the are doing is pointing out that HTC lied about Rubin and legally that weakens all of their arguments because if they lied about something as small as that, why wouldn't they lie about big stuff?
Score: 8 Votes (Like | Disagree)
Steve's Barber Avatar
187 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.
Score: 8 Votes (Like | Disagree)