Bonum Certa Men Certa

Design/Software Patents Next on the Supreme Court's Agenda as Android/Linux Case Escalated to Highest Possible Level

Wasting valuable courts' time on some silly patents that are neither novel nor nontrivial (prior art below)

Gates



Summary: The US Supreme Court (SCOTUS) is going to deal with inane Apple patents that are being used in an effort to make billions of dollars ('Apple tax') out of a Linux-based operating system (Android) which competes against Apple's

TECHRIGHTS has among its primary goals the abolition of software patents and the success of FOSS, which is ascending in Europe these days. This would be beneficial to software developers and probably for the public as a whole. The losers? Probably patent lawyers and their biggest clients, who refer to their patent portfolio as a "war chest".



"We believe that real change can come from the courts, especially the high ones, which everyone must follow."We recognise that significant change hardly comes from politicians anymore, as they are nowadays funded (especially in the United States) by the aforementioned "biggest clients". We believe that real change can come from the courts, especially the high ones, which everyone must follow. Consider the long-awaited SCOTUS appeal regarding an Android case. Can SCOTUS bury so-called ‘design’ patents, which are essentially akin to software patents (usually a GUI with some buttons and unspecified callback functions for behaviour)? After Alice, which changed a lot, we sure hope so.

We have been covering Apple's attacks on Android/Linux since the very beginning (the Apple vs HTC case). It's still being dragged on, even several years after the death of Steve Jobs, which says a lot about Apple (they are still an aggressive patenting company). The expected decision on whether it shall be dealt with by SCOTUS was scheduled for Monday, after some people waited in vain on Friday. This has been covered to death in the media by now, so we won't bore our readers with yet more of the mundane pertinent details (we covered these before anyway, including the laughable patents at hand [1, 2]).

"It's still being dragged on, even several years after the death of Steve Jobs, which says a lot about Apple (they are still an aggressive patenting company)."To give just a short media survey/roundup, Spicy IP oddly enough chose to focus on another case. It said: "We’ve been given to believe that the Roche vs Cipla appeal came up at the Supreme Court today."

An article by Joe Mullin, on the other hand, noted: "Are design patents for "carpets and wall-papers and oil-cloths" or smartphones?"

Korean English-speaking media said the obvious, FOSS proponents like SJVN spread the news early on, and maybe hundreds if not thousands of media outlets wrote about this as well. To quote SJVN: "Years in the making, the Supreme Court has agreed to listen to Samsung's appeal of Apple's design patent awards. [...] At first it looked like Apple won its design patent wars over Samsung. As time went on, that "victory" started looking more like a defeat as Samsung won its appeals. Now, Apple is in even more trouble. The Supreme Court of the United States (SCOTUS) has elected to hear Samsung's appeal of the $548-million award lower courts gave Apple."

"The expected decision on whether it shall be dealt with by SCOTUS was scheduled for Monday, after some people waited in vain on Friday."To quote Florian Müller, who used to be a FOSS opponent (Microsoft/Horacio Gutierrez paid him for this) but later seemed to have flipped back to pro-FOSS, he wrote: "The Supreme Court of the United States has just published a decision it had already made on Friday (March 18): Samsung's December 2015 petition for writ of certiorari (request for Supreme Court review) in Apple's design patents case has been GRANTED with respect to question 2 (damages). As a result, the Apple v. Samsung damages re-retrial scheduled to begin later this month in the Northern District of California is almost certainly going to be postponed indefinitely, as Apple is seeking unapportioned infringer's profits on all five products still at issue and won't be entitled to that if Samsung prevails in the top U.S. court."

"For my take on why design patents were neglected for such a long (and crucial) time," wrote this person to Müller (whose expertise is this one particular case), linking to the paper about design patents. To quote part of the abstract: "This project, initially published as a two-part series of articles entitled 'Design and Deviance: Patent as Symbol, Rhetoric as Metric,' reveals the unrecognized power of gender and sexuality norms in the deep discourse of pivotal American case law on design patents."

"A re-retrial was scheduled to take place in California in a week," Müller wrote. "In light of the Supreme Court decision I'm sure Judge Koh will cancel it."

The reason we quote Müller so extensively about this particular case is that, with respect, he did follow this case for many years. He later added:



"Watch how some patent lawyers view things. It’s all about money to them (even a crude picture of dollars)."Here is an analysis by a Professor of Law (journalists tend to be clueless about these matters) and Patently-O's take from Jason Rantanen and Professor Crouch, who looks for some input through a survey.

Levy from CCIA (lobbying) wrote: "CCIA argued to the Court that this interpretation overreached in an unconstitutional way, and that the correct interpretation could be found by looking at a related statute, the Vessel Hull Design Protection Act." Rob Lever, a journalist, said that: "The US Supreme Court on Monday opened the door to reducing the hundreds of millions of dollars in damages owed by Samsung to Apple in the blockbuster patent case between the world's biggest smartphone makers."

"We look forward to following the case and hopefully we shall see Apple walking away with nothing."Watch how some patent lawyers view things. It's all about money to them (even a crude picture of dollars). To quote a part of it: "It is penny-wise and pound-foolish to scrimp on “preparation and prosecution” of patents—which if the invention is any good, will be infringed and attacked—and then to spend hundreds of millions on patent infringement and validity and damages litigation and appeals."

We look forward to following the case and hopefully we shall see Apple walking away with nothing. As usual, only the lawyers are guaranteed to win. ⬆

Recent Techrights' Posts

The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
 
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026