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

09.10.17

Qualcomm Fails to Stop iPhones Coming From China, But Apple Now Faces Many Patent Lawsuits in China

Posted in Apple, Patents at 7:39 am by Dr. Roy Schestowitz

The patent craze (and litigation mess) is moving to the East, but not the innovation

China wallpaper

Summary: Exacerbating litigation landscape in China and the general atmosphere (full of trolls) become a liability to China as a production giant or the world’s ‘warehouse’

“Qualcomm shares drop,” said this tweet a few days ago, “hearing they lost bid to force Apple (AAPL) contractors to pay royalties…” (Qualcomm is losing the plot here, as its patent shakedown fails yet again)

More has been said about this by Florian Müller, who wrote a blog post to say that “Judge denies Qualcomm motions for preliminary injunctions against Apple [as well as] contract manufacturers” (there was a multipronged attack). To quote:

It’s not like Qualcomm didn’t already have plenty of legal problems. But Judge Gonzalo P. Curiel of the United States District Court for the Southern District of California has just (this morning by Pacific Time) handed down two decisions denying a couple of Qualcomm motions for preliminary injunctions. Qualcomm has failed to obtain a preliminary injunction requiring four Apple contract manufacturers to make royalty payments before the matter is adjudicated. I had predicted that one. What isn’t really surprising either, but was much less clear based on how a recent hearing went, is that Judge Curiel also declined to bar Apple from pursuing antitrust cases in other jurisdictions (such as China, Japan, Taiwan, and the United Kingdom).

Obviously, many manufacturers are in China, where Apple has been facing many patent lawsuits (we wrote about some of them last weekend). Having written about a shouting match in China over Apple and patents, IAM now has a more detailed report about what happened. Here are some portions:

More than a few foreign IP practitioners expressed surprise at the idea that legitimate, if pointed, questions from Gao should generate such a hostile response from Cao. Their belief was that a public conference is a good setting in which to have a direct dialogue. After listening to Iwncomm’s presentation, it would have been hard for an Apple partisan to let go the opportunity to present an alternative argument and evidence to the public. But some Chinese practitioners responded that it was not necessarily the adversarial content of Gao’s questions that was the problem, but the way it appeared he seemed intent on embarrassing Cao in public.

Many foreign practitioners, as well as some Chinese nationals who were born, raised or educated overseas, were fairly shocked by the heated nationalist emotion that the episode generated – and offended at Cao implying that Gao’s nationality had a crucial role to play in this case. One overseas born Chinese national who works as a senior IP executive in a Chinese company said that line of thought made him feel very uncomfortable: “Simply, it is a legal dispute and professional matter, but it should not be mixed with nationalist sentiment.” He did observe, though, that a level of nationalist sentiment is something that one needs to be conscious of while conducting negotiations with Chinese companies.

[...]

At a Beijing symposium on SEP & FRAND hosted today by China’s Ministry of Commerce, there was evidence that Cao v Gao had been noticed at the government level. Zhang Yonghua, the director of SIPO’s Department of Treaty and Law, began his remarks by acknowledging the dust-up. He suggested that the “very fierce argument” between smartphone makers and technology developers today stems from systemic issues.

It certainly sounds like SIPO too is taking notice. China has quickly become the world’s new “patent trolls central” and this puts at jeopardy China’s manufacturing industry; it can actually turn away many of the largest companies as they can seek contractors elsewhere (even if at a higher cost). The cost of operating in China is increasing because of patent maximalism. It’s purely self-harming. According to this new blog post from IAM, yet another new patent troll is taking shape, one that’s known as Longhorn: (we mentioned it a few times before)

Longhorn IP on Tuesday announced its first patent assertion in China, a Beijing IP Court lawsuit targeting Taiwan’s HTC. The case marks the second notable NPE campaign to be launched in China in the space of a year following WiLAN’s November 2016 assertion against Sony in Nanjing. But a judge from that Chinese city told local delegates at this week’s China Patent Annual Conference that now is not the time to sound alarm bells.

What IAM calls “monetisation campaign” (even in the headline) is actually a euphemism for lawsuit/s. We can expect to hear a lot more about lawsuits in China because it’s creating a patent bubble similar to the one the USPTO created for a few decades.

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. Links 23/1/2018: Castle Game Engine 6.4, Qt 5.9.4, SQLite 3.22.0

    Links for the day



  2. Confidence in European Patents (EPs) is Eroding and Stakeholders Are Already Suffering

    The rush to grant lots and lots of patents at the EPO is already taking its toll; quality is declining, decisions to grant are being overturned, and the already-overburdened appeal boards are unable to catch up



  3. Even More Uncertain a Future for the Independence of the EPO Boards of Appeal as Judge Corcoran Too Gets Sent to 'Exile'

    The attack on supposedly independent judges at the EPO escalates further; the judge whom the EPO was ordered to reinstate (by ILO) is being constantly pushed around, not just legally bullied



  4. The Response to Accusations of Censorship by Team UPC? Yet More Censorship to Shield UPC From Criticism

    The Empire of Lies upon which the Unified Patent Court (UPC) was conceived is being exposed for its lies; The Empire Strikes Back with yet more censorship



  5. Links 22/1/2018: Linux 4.15 Delayed Again, Libinput 1.9.901

    Links for the day



  6. Team UPC Calls Critics of the UPC Idiots, Deletes Their Comments, and Blocks Them

    A new low for Team UPC, which is unable to cope with reality and has begun literally mocking and deleting comments of people who speak out truths



  7. How the Opposition to CRISPR Patents at the EPO Sent Shockwaves Through the Industry

    Additional reports/coverage on the EPO (European Patent Office) revoking Broad Institute's CRISPR patent show that the issue at hand isn't just one sole patent but the whole class/family of patents



  8. Unified Patents Says That RPX, Which Might Soon be Owned by Patent Trolls, Paid Patent Trolls Hundreds of Millions of Dollars

    Unified Patents, which helps crush software patents, takes note of RPX’s financial statements, which reveal the great extent to which RPX actually helped trolls rather than stop them



  9. IAM Together With Its Partner, IIPCC, is Lobbying the USPTO to Crush PTAB and Restore Patent Chaos

    Having handled over 8,000 petitions (according to Professor Lemley's Lex Machina), PTAB champions patent quality at the USPTO, so front groups of the litigation 'industry' creep in and attempt to lobby the likely next Director of the USPTO (inciting him against PTAB, as usual)



  10. Software Patents Are Still Dropping Like Flies in 2018, Thanks to Alice v CLS Bank (SCOTUS, 2014) and Section 101 (USPTO)

    Section 101 (§ 101) is thriving in the sense that it belatedly throws thousands of patents -- and frivolous lawsuits that depend on them -- down the chute; the patent trolls and their allies in the patent microcosm are very furious and they blame PTAB for actually doing its job (enforcing Section 101 when petitioned to do so)



  11. Patent Troll Finjan Looks Like It's About to Collapse, But Patent Maximalists Exploit It for Software Patents Promotion

    Patent trolls are struggling in their use of software patents; few (if any) of their patents are upheld as valid and those that miraculously remain in tact become the subject of fascination if not obsession among trolls' advocates



  12. The Attacks on PTAB Are Slowing Down and Attempts to Shield Oneself From Inter Partes Reviews (IPRs) Are Failing

    The Patent Trial and Appeal Board (PTAB) reapplies patent eligibility tests/guidelines in order to squash likely invalid patents; The litigation 'industry' is not happy about it, but its opposition to PTAB is also losing steam



  13. Links 21/1/2018: Wine 3.0 Coverage, KaOS 2018.01, Red Hat Among 'Admired Companies'

    Links for the day



  14. Blockchain Patents Are a Catastrophe in the Making as Trolls and Aggressors Accumulate Them

    As patents pertaining to blockchains continue to be granted -- even in defiance of Alice/Section 101 -- it seems likely that patent wars will sooner or later erupt, involving some large banks, IBM, and patent trolls associated with the notorious Erich Spangenberg



  15. Qualcomm/Broadcom/NXP Combination Would Become a Disastrous Patent Thicket Which Benefits Nobody

    Worried by the prospect of mega-mergers and takeovers which would put far too much market power (and monopoly through patents) in one place, governments and corporations speak out



  16. Patent Litigation in East Asia: Huawei, Samsung, HTC, Nintendo and COLOPL

    A quick look at some high-profile cases in which large Asian firms are embroiled; it seems clear that litigation activities have shifted eastwards (where actual production is done)



  17. Patent Litigation in the US is Down Sharply and Patent Trolls' Demise Has Much to Do With It

    Docket Navigator and Lex Machina both show a significant decline in litigation -- a trend which is likely to carry on now that TC Heartland is in tact (not for just half a year but a whole year) and PTAB completes another record year



  18. Cheating the US Patent System is a Lot Harder After TC Heartland

    Some new examples of tricks (and sometimes cheats) attempted by patent claimants and their representatives; it does not go as well as they hoped



  19. RPX Might Soon be Owned by Patent Troll Erich Spangenberg

    RPX, whose top executives are leaving and business is gradually dying, might end up as another 'asset' of patent trolls



  20. Patent Quality (Not Numbers) as an Asset: Oppositions, Appeals and Rejections at the EPO

    Benoît Battistelli wants a rubber-stamping operation (like INPI) rather than a functional patent office, but oppositions at the Office prove to be fruitful and many erroneously-granted patents are -- by extrapolation -- already being revoked (affecting, in retrospect, Battistelli's so-called 'results')



  21. Links 19/1/2018: Linux Journalism Fund, Grsecurity is SLAPPing Again

    Links for the day



  22. The EPO Ignores This Week's Decision Which Demonstrates Patent Scope Gone Awry; Software Patents Brought Up Again

    The worrisome growth of European Patents (EPs) — a 40% jump in one year in spite of decline in the number of patent applications — is a symptom of the poor judgment, induced largely by bad policies that impede examiners’ activities for the sake of so-called ‘production’; this week's decision regarding CRISPR is another wake-up call and software patents too need to be abolished (as a whole), in lieu with the European Patent Convention (EPC)



  23. WesternGeco v ION Geophysical (at the US Supreme Court) Won't Affect Patent Scope

    As WesternGeco v ION Geophysical is the main if not sole ‘major’ patent case that the US Supreme Court will deal with, it seems safe to say that nothing substantial will change for patent scope in the United States this year



  24. Links 18/1/2018: MenuLibre 2.1.4, Git 2.16 Released

    Links for the day



  25. Microsoft, Masking/Hiding Itself Behind Patent Trolls, is Still Engaging in Patent Extortion

    A review of Microsoft's ugly tactics, which involve coercion and extortion (for businesses to move to Azure and/or for OEMs to preload Microsoft software) while Microsoft-connected patent trolls help hide the "enforcement" element in this whole racket



  26. Patent Prosecution Highway: Low-Quality Patents for High-Frequency Patent Aggressors

    The EPO's race to the bottom of patent quality, combined with a "need for speed", is a recipe for disaster (except for litigation firms, patent bullies, and patent trolls)



  27. Press Coverage About the EPO Board Revoking Broad's CRISPR Patent

    Even though there's some decent coverage about yesterday's decision (e.g. from The Scientist), the patent microcosm googlebombs the news with stuff that serves to distract from or distort the outcome



  28. Links 17/1/2018: HHVM 3.24, WordPress 4.9.2

    Links for the day



  29. No Patents on Life (CRISPR), Said EPO Boards of Appeal Just a Few Hours Ago

    Broad spectacularly loses its key case, which may soon mean that any other patents on CRISPR too will be considered invalid



  30. Only Two Weeks on the Job, Judge Patrick Corcoran is Already Being Threatened by EPO Management

    The attack on a technical judge who is accused of relaying information many people had already relayed anyway (it was gossip at the whole Organisation for years) carries on as he is again being pushed around, just as many people predicted


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