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

10.24.17

Let’s Hope That Apple v Samsung Puts an End to Design Patents Once and For All

Posted in Apple, Patents, Samsung at 8:02 am by Dr. Roy Schestowitz

Zach Snyder patent

Summary: Apple and Samsung are going to court again and again, much of the time just to bicker/argue about stupid design patents like rounded corners

EARLIER this month we wrote about design patents being somewhat of a sham. That’s just patents creeping into a domain already properly covered by copyrights and trademarks (like computer programs already fully covered by copyright law).

We may never understand the minds of so-called ‘IP’ lawyers (they lump together trade secrets, patents, copyrights and trademarks), but one thing we understand is that they always pursue money for themselves. They even give bad advice to clients if that would potentially bring income (to the lawyers, not to the clients).

The media is currently full of reports (e.g. [1, 2, 3]) about the Samsung dispute with Apple — a dispute which goes half a decade back. The case is going to a jury — probably a jury that does not quite understand patents (they’re usually told buzzwords like “property”, “innovation”, “stealing” and so on).

Florian Müller was among the first few to write about it (CBS had beaten him to it, but he has the original documents). To quote Müller: “If one thought it appropriate to label a company’s in-house and outside counsel, collectively, a “Comeback Kid,” the term would surely apply to Samsung’s IP litigation group and Quinn Emanuel. Yesterday (Sunday), Judge Lucy Koh of the United States District Court for the Northern District of California determined that a new Apple v. Samsung trial on design patent damages, which Samsung had been fighting for in courts on both coasts of the United States since the 2012 verdict, is indeed going to happen.”

“It appears @Apple v @Samsung will never end. Judge Koh says today-Sunday!-that there will be another damages trial,” said this tweet which Müller had highlighted before he found and published the relevant documents.

What’s worth noting here is that it’s all about design patents and this case, if escalated high enough, can squash all design patents (similarly to Alice). To quote CBS:

Get ready for Apple v. Samsung round number… oh, forget it, we don’t remember, either.

Apple and Samsung will head back to district court for yet another design patent infringement trial. Judge Lucy Koh, in an order signed Sunday, has ordered the two tech giants to meet again in a courtroom to determine how much Samsung owes Apple for infringing three patents.

We hope that this case will put an end to design patents once and for all. Both parties have very deep pockets and can afford an appeal to the Supreme Court.

Speaking of Samsung, there’s this bunch of lawsuits coming from Japan. IAM said yesterday that “Hitachi unit Maxell Ltd filed five US patent suits this month following on the Huawei and ZTE campaigns it launched last year. The breadth of the companies and industries on the defendant side in this latest offensive suggest that a significant initiative is underway within the Japanese company to increase its licensee base and royalty earnings.

“Three of the new complaints (which I accessed using Lex Machina) target well-known companies in the mobile space. Suits against Blackberry, ASUSTeK Computer and Blu Products name a range of mobile, tablet and other devices accused of infringing patents which appear to be related to mobile phones and cameras.

“The other two defendants – Fandango Media and FOTV Media Networks – both operate online video streaming services. These suits involve patents directed to digital video recording and transmission.”

What is it about dying companies that compels them to be so litigious? Such is the nature of patents. It’s like an ‘insurance’ policy for when business runs dry and managers look for someone to blame (or sue).

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 23/10/2018: Mesa 18.3 Planned, RISC OS Adopts Apache Licence, Mozilla Firefox 63.0 Available

    Links for the day



  2. Microsoft's Patent Troll Intellectual Ventures Still Suing Microsoft's Rivals, Microsoft Gags Its Staff Regarding Patent Matters

    Microsoft says it's pursuing "truce"; the patent trolls it has created and backed (Bill Gates still backs them at a personal capacity) feel differently



  3. The EPO Under António Campinos Has Opened More Doors to Software Patents and Only Litigators Are Happy

    António Campinos continues Battistelli's tradition of shredding the Convention on the Grant of European Patents (EPC); it's all about generating as much assertion (e.g. litigation, shakedown) activity as possible, serving to bring Europe's productive industries to a halt



  4. German Court on UPC Constitutional Complaint: “No Oral Hearing is Currently Scheduled. A Decision Date is Not Foreseeable at Present.”

    More bad news for Team UPC as there's no sign of Germany signing/ratifying the UPCA and none of the underlying issues (noted in the complaint) have been addressed at all



  5. Links 22/10/2018: New Kernel Release and Linus Torvalds is Back in Charge

    Links for the day



  6. Lack of Patent Quality Means Lack of Patent Validity and Lack of Legal Certainty

    35 U.S.C. § 101 at the U.S. Patent and Trademark Office (USPTO) -- like the European Patent Convention (EPC) on the Grant of European Patents -- stresses patent quality and scope; will patent offices get things right before it's too late or too expensive to undo?



  7. Data Engine Technologies (DET) Just One Among Many Microsoft-Connected Patent Trolls That Pick on Microsoft's Biggest Competitors

    Lawyers' articles/blog posts continue to obscure the fact that Data Engine Technologies is merely a satellite or unit (one among many) of patent trolling giant Acacia Research Corp., connected to Microsoft and sporting a long history of lawsuits against GNU/Linux



  8. Alice/Mayo and Hatch-Influenced US Patent Office

    The U.S. Patent and Trademark Office (USPTO) seems to be serving those who pay the most to define the scope or limits of patenting; this means that even nature and life are being 'privatised' (or turned into someone's "intellectual" property)



  9. Funded by the Public to Prey on the Public: The Absurdity of Patent Sales and 'Enforcement' by Government

    Government or US Government-funded entities are looking to tax private companies using patents that were actually funded by the public; in practice this helps private firms or insiders (individuals) personally gain from something that the public subsidised and should thus be in the public domain



  10. Lockpath Patents Demonstrate That the US Patent Office -- Unlike US Courts -- Keeps Ignoring 35 U.S.C. § 101/Alice

    35 U.S.C. § 101 isn’t being entirely followed by examiners of the U.S. Patent and Trademark Office (USPTO); in fact, evidence suggests that mathematics are still becoming monopolies of private firms — something which should never happen



  11. The Eastern District of Texas and Its Patent Trolls Affinity Not a Solved Issue

    The American patent system continues to distribute monopolies on algorithms and some of these cause litigation to reach courts that are notorious for intolerance of 35 U.S.C. § 101, resulting in unnecessary payments to lawyers and patent trolls



  12. More 'Blockchain' Nonsense in Pursuit of Bogus, Nonsensical Software Patents

    The U.S. Patent and Trademark Office (USPTO) is still granting abstract software patents because words like "blockchain" get mentioned in the applications; companies that do this hope to shield themselves from disruptive technology and possibly facilitate future patent blackmail



  13. A Warning About MPEG-G, the Latest Software Patents Trap That Threatens Innovation Everywhere

    Combining patents on software and on life, MPEG-G assembles a malicious pool with malignant ramifications for bioinformatics



  14. MIT and the Prior Art Archive Perpetuate Existing Problems

    Large companies with many tens of thousands of patents (each) would have us believe that broadening access/reach of prior art (e.g. to patent examiners) would solve the issues; This may very well work for these large companies, but it overlooks the broader picture



  15. Links 20/10/2018: Mesa 18.2.3 Released, FreeBSD 12.0 Beta 1

    Links for the day



  16. Unified Patents Demolishes Some More Notorious Patent Trolls and Offers Bounties to Take Down More of Them

    Even though the new management of the US patent office treats patent trolls as a non-issue, groups that represent technology firms work hard to improve things (except for the litigation zealots)



  17. The Identity Crisis of the European Patent Office, Wrongly Believing It Exists to Serve Lawyers and Patent Trolls Outside Europe

    The European Patent Office doesn’t even feel like it’s European anymore; it’s just an international patent office that happens to be based (primarily) in Munich; insiders and outsiders alike need to ask themselves what these ‘European’ officials (employing firms outside Europe) have turned the Office into



  18. Links 19/10/2018: OpenBSD 6.4 and OpenSSH 7.9 Released

    Links for the day



  19. Ingve Björn Stjerna Has Just Warned That If Team UPC and the European Patent Office Rigged the Proceedings of the German Constitutional Court, Consequences Would be Significant

    The EPO is back to mentioning the Unified Patent Court and it keeps making it abundantly clear that it is only working for the litigation 'industry' rather than for science and technology (or "innovation" as they like to euphemise it)



  20. Links 18/10/2018: New Ubuntu and Postgres

    Links for the day



  21. It's Almost 2019 and Team UPC is Still Pretending Unitary Patent (UPC) Exists, Merely Waiting for Britain to Join

    Refusing to accept that the Unified Patent Court Agreement (UPCA) has reached its death or is at a dead end, UPC proponents — i.e. lawyers looking to profit from frivolous litigation — resort to outright lies and gymnastics in logic/intellectual gymnastics



  22. IAM and IP Kat Are Still Megaphones of Battistelli and His Agenda

    IAM reaffirms its commitment to corrupt Battistelli and IP Kat maintains its stance, which is basically not caring at all about EPO corruption (to the point of actively deleting blog comments that mention such corruption, i.e. 'sanitising' facts)



  23. The EPO Under António Campinos Relaxes the Rules on Software Patenting and the Litigation 'Industry' Loves That

    EPO management, which is nontechnical, found new terms by which to refer to software patents -- terms that even the marketing departments can endorse (having propped them up); they just call it all AI, augmented intelligence and so on



  24. Links 17/10/2018: Elementary OS 5.0 “Juno” Released, MongoDB’s Server Side Public Licence

    Links for the day



  25. Improving US Patent Quality Through Reassessments of Patents and Courts' Transparency

    Transparency in US courts and more public participation in the patent process (examination, litigation etc.) would help demonstrate that many patents are being granted — and sometimes asserted — that are totally bunk, bogus, fake



  26. Ask OIN How It Intends to Deal With Microsoft Proxies Such as Patent Trolls

    OIN continues to miss the key point (or intentionally avoid speaking about it); Microsoft is still selling 'protection' from the very same patent trolls that it is funding, arming, and sometimes even instructing (who to pass patents to and sue)



  27. Links 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  28. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  29. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  30. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills


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