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 in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/02/26/apple-samsung-legal-battles/

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. IRC Proceedings: Saturday, April 17, 2021

    IRC logs for Saturday, April 17, 2021



  2. Tolerating the Intolerant and Lacking Tolerance for Opposing Views

    The person who shouted...



  3. Letter of Support for Richard Stallman - Doing Better in Community

    "How do you support someone you’ve known for years who is unfairly attacked and publicly maligned?"



  4. Richard Stallman on Rejecting Workplace Bureaucracy in the 1970s

    Dr. Richard Stallman, the Free Software Foundation's founder, explains what inspired him to get involved in non-software matters



  5. Renata Avila: Trying to Understand the Lynching of Stallman

    Reproduced from the original



  6. Breaking News: EDPS Admits That It is Powerless to Investigate Claims of GDPR Non-compliance at the EPO

    Nobody is truly in charge at the EDPS (and in Europe at large); they say EPO is "company" and all one can do is kindly ask the EPO itself to obey the law and stop outsourcing European data to American military contractors



  7. Links 17/4/2021: Linux 5.13 in Sight, Holland Warming up to Free Software

    Links for the day



  8. Richard Stallman Vilified by Those Who Don't Know Him, Says Sylvia Paull

    Republished "In Support of Richard Stallman"



  9. [Meme] Linux Foundation Can't Use Linux

    Two examples from yesterday, highlighting what a bunch of hypocrites run the marketing operation now disguised as ‘research’; Jason Perlow from Microsoft signed/published this newsletter highlight from the failing “Linux” Foundation — a foundation that calls itself “Linux” while its newsletter is still hosted by Microsoft Windows+proprietary IIS and this latest report is made with proprietary software on a Mac



  10. [Meme] Haters Gonna Hate, Don't Apologise to a Libelling Mob

    As was already pointed out before, you cannot appease a mob by talking back to it, certainly not by issuing an apology (putting oneself in a position of weakness)



  11. What the EPO Has 'Normalised' in Europe...

    Under the cover of 'new normal', Europe's second-largest institution crushes the law and crushes its own staff



  12. Lots of Information in Sight, But Minimal Distraction

    How I keep focused on reading and writing whilst at the same time keeping an eye on important incidents, such as DDOS attacks and urgent messages coming in



  13. IRC Proceedings: Friday, April 16, 2021

    IRC logs for Friday, April 16, 2021



  14. Hate Letter Against FSF (Concern Trolls): 1415 Committers, Letter in Support of FSF (With Its Founder Back): 5116

    Taking into account people who asked for their names to be removed from the defamatory hate letter (inciting people, based on falsehoods), it's not impossible that the support letter really triples or quadruples it in terms of number of signatures



  15. Richard Stallman: Sharing is Good... We Need to Legalise It

    Dr. Richard Stallman, the Free Software Foundation's founder, explains his take on copyright and the artificial restriction being used against sharing



  16. Nadine Strossen and Hannah Wolfman-Jones Rebut Accusations Against Stallman and Choose Him as Coauthor

    "Here are her thoughts and the response she received from Nadine, extracted verbatim with their permission from the original article"



  17. Links 17/4/2021: GNOME 40 in Tumbleweed, Devuan 4.0 Alpha, Kate Editor Makes a Leap

    Links for the day



  18. EPO Staff Union Takes the EPO 'to Court' (the ILO's Tribunal, as the EPO Cannot be Taken to a Proper Court)

    The Staff Union of the EPO (SUEPO) Committees are preparing a legal battle over unlawful and unjust measures taken collectively against hard-working (overworked during pandemic) members of staff; the European public should support them



  19. The Latest Anti-RMS Coup Attempt Targets the GNU Project (Because the FSF Coup Has Clearly Failed) by Infringing and Disregarding Trademark Conventions

    A fake "GNU" (not the original GNU, just riding the coattails of the name "GNU") is trying to find/gain traction and we must oppose it because it's an extension of the very same coup attempt (same plotters) that manufactured a whole bunch of libel to incite people and blackmail the Free Software Foundation (FSF)



  20. Links 16/4/2021: Mozilla Dumping FTP, Corporations Still Concern-Trolling FSF

    Links for the day



  21. The EFF Attacks Software Freedom and Promotes Fake Privacy Linked to Microsoft

    Only weeks after attacking Software Freedom (the ad hominem way, which is easier) the EFF endorses a Microsoft-linked privacy abuse, misframing it as some sort of privacy champion



  22. Richard Stallman on How Corporate Media Limits What People Are Allowed to Think and Say (Updated)

    What the founder of the FSF told yours truly a number of years ago about the behaviour of corporate (funded and controlled by corporations) media



  23. Exposing Hard Truths is the First Step or the Path Towards Justice

    A reflection and a moment taken to set aside tribalism (shallow differences based on allegiances of personal comfort), for we need look back at actual facts — however inconvenient at times — and consider the reality of the situation



  24. IRC Proceedings: Thursday, April 15, 2021

    IRC logs for Thursday, April 15, 2021



  25. [Meme] Laundering Bribes as 'Cooperation Money'

    Germany has financial interest in ensuring that EPO abuses carry on and nobody holds the EPO accountable



  26. Articles in Support of Richard Stallman

    Reproduced with permission



  27. EPOLeaks on Misleading the Bundestag -- Part 20: Taking Stock

    Benoît Battistelli's legacy at the EPO is a legacy of corruption and cover-up; we take stock of how illegality was defended and persists to this day



  28. Links 15/4/2021: Zorin OS 16 Beta and Pushing Linux to GitHub- and Microsoft-Connected Rust

    Links for the day



  29. [Meme] Enemies With Common Interests

    The Software Freedom Movement (or Free Software Movement) has many enemies; some of them just hide in the shadows or speak out through shadowy front groups/NGOs that they semi-officially sponsor



  30. [Meme] Germany's Red Cash Cow

    EPO brings a lot of money to the German state. But at what cost to citizens and Germany’s public image?


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

Recent Posts