EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.26.16

In Apple/Samsung Patent Lawsuits Over Android/Linux, Only Patent Lawyers Are Winning (Again)

Posted in Apple, Samsung at 4:57 pm by Dr. Roy Schestowitz

Never-ending legal battles with billions of dollars at stake and perhaps hundreds of millions in legal bills (soon)

Cash register
It doesn’t matter who wins when one sells time and charges a lot by the hour

Summary: In Apple/Samsung patent wars (started by an increasingly jealous and nervous Apple), money flows mostly in a single direction (to neither Apple nor Samsung, only their patent lawyers) as possibility of appeal at SCOTUS is still being considered

BEFORE we continue EPO coverage we wish to get emerging news out of the way. As some people already know, Apple has just lost to Samsung. Here are some of the very earliest reports on this [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23]. There will probably be hundreds more by Monday (look around here), but this in itself is enough to help people understand what’s going on. Some lawyers’ sites cover this as well, whereas a lot of people link to the original PDF published by the Court.

We don’t wish to bore readers with the technical details (these exist in the articles above), but let’s just say that it won’t be long before patent lawyers’ sites bemoan this decision as it damages faith in patents. Also expect many so-called ‘news’ sites from all over the world to just license ‘reports’ from AP and Reuters, probably quoting all sorts of patent lawyers rather than people like myself who actually develop stuff (such as software). Everybody loses (especially the so-called ‘consumers’) when engineers and programmers waste time figuring out how to ‘work around’ patents.

“The smartphone patent war: 1) obtain 10,000s garbage patents + 2) 100s of lawsuits == $ for lawyers & little else…”
      –Professor James Bessen
Professor Mark Lemley wrote that “The only patent valid and infringed is one of Samsung’s” (yes, how ironic!).

“Live by the patent sword, die by the patent sword,” Simon Phipps (OSI, Sun, Wipro etc.) wrote.

Professor James Bessen says it like it is with this tweet: “The smartphone patent war: 1) obtain 10,000s garbage patents + 2) 100s of lawsuits == $ for lawyers & little else”

“The only patent valid and infringed is one of Samsung’s…”
      –Professor Mark Lemley
Professor Mark Lemley and Professor James Bessen are reasonably noteworthy voices of reason in today’s patents lawyers-saturated corporate media. Don’t expect the mass media to cover this too well. The journalists care a lot about this case because, just as with all that FBI publicity stunt (pretending Apple fights for privacy and security), it’s about Apple. Many people are obsessed with everything ‘i’ (iPhone and so on).

Once upon a time Florian Müller supported Apple in its fight against Android, but not anymore. “Apple lost 100%,” he wrote. He also said “I guess they’ll petition for rehearing.” These comments are noteworthy because he essentially defected or switched sides not too long ago. “Apple v. Samsung (2nd Calif. case) turned out just the way I predicted in January,” he later claimed, adding: “After affirmance of Judge Posner’s Apple v. Moto claim construction, the ’647 patent should have been dropped. I said it then.”

“It adds insult to injury for Apple that the Fed. Cir. has affirmed Samsung’s symbolic win (prevailed on a counterclaim),” he noted.

“It adds insult to injury for Apple that the Fed. Cir. has affirmed Samsung’s symbolic win (prevailed on a counterclaim)…”
      –Florian Müller
Alluding to this news about Koh (some sites speak about Koh’s nomination, noting her rise to fame in the Samsung/Apple patent cases), Müller said: “The appellate track record of Apple v. Samsung gives Republicans plenty of reasons to oppose Judge Koh’s nomination to the 9th Circuit.”

Finally, said Müller: “I didn’t just interpret the appellate hearing right. Back in 2014 I made my disbelief in Apple’s 2nd case against Samsung very clear.”

A lot has changed since then, including the Alice case at SCOTUS (where the bigger Apple lawsuit might go soon). If Apple appeals, then it’s guaranteed that only patent lawyers will rejoice. Hey, somebody should tell Battistelli about this as he obvious isn't keeping track.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Ahead of Supreme Court Decision, the Patent Microcosm is Trying to Scandalise PTAB

    The Patent Trial and Appeal Board (PTAB), which defends many businesses from bogus patents and patent trolls, comes under fire from protectors of the trolls (or those who profit from patent Armageddon/legal chaos)



  2. Benoît Battistelli's Misbehaviour Condemned the UPC to Death

    Press coverage regarding the cause for Germany's decision to halt UPC ratification, with suspension pending in part owing to the serious abuses in Munich and Berlin



  3. The Patent Microcosm is Pushing Hard to Weaken Alice and Revoke PTAB's Authority Using an Upcoming Supreme Court Case

    Patent profiteers (not inventors) continue their shameful campaign against Alice and PTAB now that software patents are in shambles and many get invalidated without them being used litigiously



  4. News About Patents Dominated by Patent Trolls/Aggressors, Their Press Releases, and Sympathisers

    A collection of news items from yesterday, demonstrating just to what degree the narrative of patent trolls (or aggressors) is being spread by paying for distribution



  5. Amazon's 1-Click Patent Continues to Tarnish the Image of the USPTO and of Patents in General

    Public ridicule and scorn over the shallowness of patents granted in the US is inevitable (Amazon has a patent even on white background in photographs), demonstrating that patent maximalism does nobody a favour, only a great disservice to both patenters and the public at large



  6. Bristows LLP Tries Hard to Maintain the Illusion That UPC is Alive, Using Media Placements and Paid Plugs

    Ever-so-desperate efforts to keep the Unitary Patent (UPC) in headlines, even though nothing is happening and nothing is likely to happen any time soon



  7. Links 22/8/2017: Linux 4.13 RC6, Mesa 17.1.7, Wine 2.15, Android O

    Links for the day



  8. IRC Proceedings: July 2nd – July 29th 2017

    Many IRC logs



  9. IRC Proceedings: June 4th – July 1st, 2017

    Many IRC logs



  10. IRC Proceedings: May 7th – June 3rd, 2017

    Many IRC logs



  11. IRC Proceedings: April 9th, 2017 – May 6th, 2017

    Many IRC logs



  12. Patent Scope Recognised as Essential For Patent Quality, But Software Patents Continue to be Granted

    Patents that are toothless, clawless lions are being accumulated by companies that should know various courts would scrutinise these enough to rule them invalid



  13. Litigation and Patenting Versus Research and Development

    reminder of who's 'stealing' jobs from engineers and who it is done for (who benefits from mass taxation rather than actual production)



  14. The Federal Circuit Has Become the Go-To Place For Patent Appeals Arising From USPTO Errors

    Patent appeals that come to CAFC as a result of bad Patent Office decisions now outnumber the appeals coming from district courts (an extraordinary situation)



  15. The Truly Odd Concept of Design Patents, Which the US Supreme Court Might Crush Very Soon

    The epidemic of shallow patents, which has already resulted in patents on mere designs, be soon end; but not before an unprecedented gold rush for such patents



  16. Quality of European Patents Has Sunk, Value Diminished

    The trouble associated with declining patent quality at the European Patent Office and early warnings about it from the staff union



  17. The Notorious 1-Click Buying Patent Expired Rather Than Invalidated

    As proof of the fact that many bogus patents (typically on software) are worthless but not invalidated, we now have Amazon's patents reaching their end of life



  18. PTAB Crushes Software Patents and Patent Extremists Are Not Happy About It

    The Patent Trial and Appeal Board (PTAB), a legal facility which invalidates many software patents, still faces opposition from those who profit from software patents (not software developers)



  19. Software Patents and Patent Trolls Are Almost the Same Problem (Still)

    Apple just got sued again, Microsoft-connected patent trolls continue serial litigation against Microsoft's competitors, and a bike shop gets sued using software patents



  20. Links 20/8/2017: KStars 2.8.1, Fedora Design Interns

    Links for the day



  21. Lack of Independent Judiciary Under the Unitary Patent (Like Boards of Appeal Under Battistelli, in Defiance of the EPC) Will Possibly Kill the Unified Patent Court

    Germany, a key player in UPC negotiations (most patents at stake), cannot proceed to ratification and Britain's expected exit from the European Union further restricts any progress



  22. The Staff Union of the EPO Has Long Warned About Declining Patent Quality

    The quality of granted European Patents (EPs) has been declining sharply and the EPO's staff representatives have warned about it for a long time, only to find themselves severely reprimanded for telling the truth



  23. The EPO's Management Needs a Perception of Security Crisis

    The EPO follows that familiar pattern of writing about every Islamic terror attack in Europe (and in the US too) while media in Munich tells a story where facts are yet uncertain



  24. Links 18/8/2017: Wallpaper of Plasma 5.11, Oracle Liberates Java EE a Bit

    Links for the day



  25. Links 17/8/2017: Krita 3.2.0, New Raspbian GNU/Linux OS

    Links for the day



  26. Corruption at the European Patent Office and Systematic Bullying That Leads People to Suicide/Bankruptcy

    A look back at 3 years of intensive EPO coverage and what's coming up next (suppression of truth behind closed doors in the courtrooms)



  27. Supreme Court Decision on TC Heartland v Kraft Food Brands Group Already Vacates the Eastern District of Texas

    Patent trolls are losing their mojo as patent lawsuits drop 21% in the Eastern District of Texas and this collapse is expected to accelerate



  28. Media Dominated by the Patent Microcosm Spreads Myths and Defends Patent Trolls, Collectors

    Popular culture myths, such as Edison being a prolific inventor, and what we all ought to know about an actual patent epidemic (vast increase in the number of patents granted, bringing the total to over 10 million in the US)



  29. The Patent Trial and Appeal Board Squashes Many Software Patents (Abstract) and §101 Seems Safe From Lobbying by the Patent Microcosm

    The Patent Trial and Appeal Board (PTAB), together with the Alice-inspired §101, is an efficient eliminator of bogus patents on software and there is no end to that in sight



  30. Ericsson Hired From the World's Largest Patent Troll and Became a Massive Troll in Europe

    Ericsson's patent aggression campaign (even in Europe) carries on; it turns out the person behind this strategy came from Intellectual Ventures


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts