Bonum Certa Men Certa

Fitbit’s Decision to Drop Patent Case Against Jawbone Shows Decreased Potency of Abstract Patents, Not Jawbone’s Weakness

What a total waste of money!

Waste disposal



Summary: The scope of patents in the United States is rapidly tightening (meaning, fewer patents are deemed acceptable by the courts) and Fitbit’s patent case is the latest case to bite the dust

EARLIER this year we learned that the USPTO might have to reassess design patents, having already reassessed software patents. SCOTUS was poised to look into an Apple v Samsung case (one of several high-profile cases), which later turned out alright for Samsung.



Days ago we found a new article titled "US Supreme Court Sets The Bar Higher For Obtaining Damages For Design Patent Infringement" in the media of patent lawyers. At the same time patent law firms said that we all need more patents that fall inside/within a broader scope (i.e. more money paid for their 'services') , this time too in relation to design patents. Another patent law firm spoke in favour of design patents because it makes money out of patent maximalism. Shouldn't we just ignore them all, knowing that they object to SCOTUS not because SCOTUS is wrong but because of greed? They want design patents, like those which are often applicable to gadgets, but such patents are being phased out, or defanged in the damages sense. The incentive too pursue such patents has just decreased and confidence in existing ones eroded.

Certainty surrounding software and design patents is declining and in fact just two days ago, regarding the Fitbit case that we covered here before, there was a major new development. The seminal lawsuit got dropped:

Fitbit drops patent infringement case against rival wearable tech company Jawbone



Fitbit Inc. has dropped one of its patent infringement cases against rival wearable tech maker AliphCom Inc.’s Jawbone, pointing to its belief that the company is already failing financially, reported The Wall Street Journal.

The two San Francisco-based companies both manufacture and market wearable fitness trackers and have been tied up in litigation with each other, alleging patent infringement and the stealing of trade secrets. Patents in the litigation dropped by Fitbit were related to heart-rate and physical activity monitor technology.

Fitbit’s case would have blocked Jawbone’s ability to bring their competing product into the U.S., however it seems as if financial issues have already hampered the company’s ability to do business. Jawbone no longer lists its products for sale on its website.


Fitbit’s implicit message here is that it was going to win but was merciful enough because of the defendant's position, but that's quite likely just spin. The legal battle soon became a two-edged sword because Jawbone fought back and now it looks increasingly expensive for Fitbit to fight on, especially relying on patents that high courts tend to invalidate at the end.

What we are seeing here is part of the trend of litigation declines (as noted by several sources so far this year). Bad news for patent lawyers, but excellent news to everybody else.

Recent Techrights' Posts

15 Countries Where Yandex is Already Seen to be Bigger Than Microsoft (in Search)
Georgia, Syrian Arab Republic, Cyprus, Moldova, Ukraine, Armenia, Azerbaijan, Kyrgyz Republic, Uzbekistan, Kazakhstan, Turkmenistan, Tajikistan, Belarus, Turkey, and Russia
FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
 
There's an Abundance of Articles About the New Release of Kali Linux, But This One is a Fake
It can add nothing except casual misinformation (fed back into the model to reinforce lies)
Links 19/12/2024: Astronaut Record and Observer Absorbed
Links for the day
Links 19/12/2024: Seven Dirty Words and Isle Release v0.0.3 (Alpha)
Links for the day
Links 19/12/2024: Nurses Besieged by "Apps", More Harms of Social Control Media Illuminated
Links for the day
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024