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 26.1 Coming Soon: New Features for Your iPhone and Release Date

Monday October 27, 2025 7:55 am PDT by
The upcoming iOS 26.1 update includes a handful of new features and changes for iPhones, including a toggle for changing the appearance of the Liquid Glass design, "slide to stop" for alarms in the Clock app, and more. Below, we outline key details about iOS 26.1. Release Date Given that Apple has yet to seed an iOS 26.1 Release Candidate, which is typically the final beta version, the...
iOS 26

6 New Things Your iPhone Can Do in iOS 26.1

Wednesday October 29, 2025 4:22 am PDT by
Apple is about to drop iOS 26.1, the first major point release since iOS 26 was rolled out in September, and there are at least six notable changes and improvements to look forward to. We've rounded them up below. Apple has already provided developers and public beta testers with the release candidate version of iOS 26.1, which means Apple will likely roll out the update to all compatible...
maxresdefault

Apple TV 4K Could Still Launch Before 2025 Ends: All the Rumored Features

Monday October 27, 2025 4:51 pm PDT by
Apple is designing an updated version of the Apple TV 4K, and rumors suggest that it could come out sometime in the next couple of months. We're not expecting a major overhaul with design changes, but even a simple chip upgrade will bring major improvements to Apple's set-top box. Subscribe to the MacRumors YouTube channel for more videos. We've rounded up all the latest Apple TV rumors. ...
iOS 26

Apple Seeds iOS 26.1, iPadOS 26.1, and macOS Tahoe 26.1 Release Candidates

Tuesday October 28, 2025 1:07 pm PDT by
Apple today provided developers and public beta testers with the release candidate versions of upcoming iOS 26.1, iPadOS 26.1, macOS Tahoe 26.1, tvOS 26.1, watchOS 26.1, and visionOS 26.1 updates for testing purposes. The RCs betas come a week after Apple released the fourth betas. The new betas can be downloaded from the Settings app on a compatible device by going to General > Software...
M6 MacBook Pro Feature 1

M6 MacBook Pro: Release Date, Pricing, and What to Expect

Monday October 27, 2025 9:15 am PDT by
Apple this month refreshed the 14-inch MacBook Pro base model with its new M5 chip, and higher-end 14-inch and 16-inch MacBook Pro models with M5 Pro and M5 Max chips are expected to follow in early 2026. However, these machines will represent the final update to the current design, with Apple reportedly developing a completely new version of the MacBook Pro packed with next-generation hardware...
iPhone 17 Pro Cosmic Orange

8 Reasons to Wait for Next Year's iPhone 18 Pro

Thursday October 30, 2025 4:42 am PDT by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
M5 MacBook Pro

Waiting for New Macs? Apple Just Shared Bad News

Friday October 31, 2025 7:32 am PDT by
Apple has just given a strong indication that it will not be releasing any additional new Macs for the remainder of the year. Apple's CFO Kevan Parekh dropped the hint during the company's earnings call on Thursday:On Mac, keep in mind, we expect to face a very difficult compare against the M4 MacBook Pro, Mac mini, and iMac launches in the year-ago quarter.Parekh essentially gave a heads up ...
macos tahoe

Here Are Apple's Release Notes for macOS Tahoe 26.1

Tuesday October 28, 2025 1:21 pm PDT by
Apple today provided developers and public beta testers with the release candidate version of macOS Tahoe 26.1, which means the update will likely see a public launch next week. The release candidate includes notes on what's in the update, so we have a full picture of the new features that Apple has included. macOS Tahoe 26.1 adds AutoMix support over AirPlay, improved FaceTime audio...
ipad mini 7 feature blue

OLED iPad Mini: Release Date, Pricing, and What to Expect

Wednesday October 29, 2025 7:13 am PDT by
Rumors are stoking excitement for the next-generation iPad mini that Apple is reportedly close to launching. So what should we expect from the successor to the iPad mini 7 that Apple released over a year ago? Read on to find out. Processor and Performance Apple is working on a next-generation version of the iPad mini (codename J510/J511) that features the A19 Pro chip, according to...

Top Rated Comments

SiMBa37 Avatar
185 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
185 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
185 months ago
And the notifications system in iOS5 is clearly "inspired" by Android. What's new?
Score: 10 Votes (Like | Disagree)
ChazUK Avatar
185 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
185 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
185 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)