10.31.17

Tightening Patent Scope and Limiting ‘Damages’, Starting With the Obviously Ridiculous Cases

Posted in America, Apple, Asia, Patents, Samsung at 12:59 pm by Dr. Roy Schestowitz

Rounded corners are not a novel concept

UK power socket

Summary: Patent battles over designs carry on in the US (hopefully to be abolished by the US Supreme Court some time soon) and the Singaporean High Court says it cannot revoke patents

EARLIER this month we wrote a couple of articles about design patents [1, 2]. Any design can already be covered using trademarks and copyrights, so patents are a misfit. The US Supreme Court might actually put an end to these.

“Any design can already be covered using trademarks and copyrights, so patents are a misfit. The US Supreme Court might actually put an end to these.”Right now the high-profile case/s involving design patents would be Apple/Samsung. It’s everywhere in the media. CCIA wrote about that yesterday, challenging the extraordinary ‘damages’ claimed by nonsensical things such as ’rounded corners’. From the conclusion:

The test proposed by the Solicitor General, as adapted by Judge Koh, just isn’t workable in practice. While it’s better than Apple’s test, which would have included the intent of the defendant as a factor (potentially resulting in different articles of manufacture for the same exact product depending on the defendant’s state of mind, an even worse problem than the defendant’s business practices), the Solicitor General’s test doesn’t provide sufficient ability to ascertain the correct article of manufacture from the face of the patent, relying instead on the defendant’s product and business practices.

The best solution would be to simply eliminate § 289, the statute that provides a special “total profits” remedy for infringement of design patents. The special rule § 289 represents was created when the most common remedy for infringement was a share of the infringer’s profits. These days, when the typical damages remedy for patent infringement is a reasonable royalty, there’s simply no need for § 289.

Judge Koh has been dealing with these cases for a long time. She has a lot of power in her hands. Will she or will she not tell Apple to go where the sun won’t shine and apples don’t grow?

“Judge Koh has been dealing with these cases for a long time. She has a lot of power in her hands.”Curiously enough, yesterday an article was published regarding the Singaporean High Court dealing with questionable patents. Like the US Supreme Court, it probably ought to get rid of design patents (or guide future judgment of existing ones towards that), but in reality it seems to have put patents before human rights and whatever lawyers demand. Not reasonable.

Here is the summary:

A recent ruling made clear that Singapore’s High Court does not have original jurisdiction to hear patent revocation proceedings even if they are brought by a counterclaim in infringement proceedings. If the ruling stands, it would mean all revocation cases will have to be started at IPOS

IPOS is the Singaporean equivalent of the USPTO. Why would the High Court need to defer and consult the lowest level in the chain again?

“The US has, belatedly and contrariwise, gone in the opposite direction, recognising that it needs to work for scientists and technologies, not lawyers and prosecutors.”As we argued on several occasions earlier this year, IPOS and Singapore in general (their effectively one-party state) have been trying to embolden patent aggressors rather than foster innovation. It’s the same in China. The US has, belatedly and contrariwise, gone in the opposite direction, recognising that it needs to work for scientists and technologies, not lawyers and prosecutors.

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/2017/10/31/scotus-and-revoking-patents/

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 2/3/2021: KDE Plasma 5.21.2, Qt 6.1 Beta, Refund of Pre-installed Windows

    Links for the day



  2. 'GatoKeeper'/IP Kat (AstraZeneca) Still Suppressing and Censoring the Public Views or Internal EPO Talks About EPO Corruption

    The suppression of comments critical of the EPO‘s administration (especially corruption scandals surrounding António Campinos and Benoît Battistelli) is a real problem; those ought not be a taboo subject in comments (where bloggers used to speak about those issues openly and regularly)



  3. Pocock on Removing Cognitive Bias Around Consent

    Reprinted with permission from Daniel Pocock



  4. IRC Proceedings: Monday, March 01, 2021

    IRC logs for Monday, March 01, 2021



  5. Links 2/3/2021: Maui 1.2.1, RSS Guard 3.9.0

    Links for the day



  6. ZDNet Really Hates Golang (Maybe Because Microsoft Does)

    The Golang programming language seems to be the target of intense FUD campaigns from sites connected to Microsoft, so it’s likely a bit of a Nemesis/endgame to Microsoft monoculture (unlike Rust, which Microsoft has already pocketed and is actively besieging to promote Microsoft monopoly and hardware monoculture)



  7. Links 1/3/2021: KStars 3.5.2, ET: Legacy 2.77, Flameshot 0.9

    Links for the day



  8. Five Years of António Campinos Coverage in Techrights (We Correctly Predicted His Presidency in March 2016)

    We've warned about António Campinos since March of 2016; well, António Campinos isn't just EPO President right now but he's also an oppressor who demonises the union of the EPO's staff



  9. In 2021 the EPO Works for Parasites Instead of Scientists (and It Cannot Even Hide That Anymore)

    Europe's second-largest institution is working for those who attack instead of create (or those who attack actual creators, with lousy and sketchy patents as ammunition)



  10. Links 1/3/2021: Manjaro ARM 21.02 and First Linux 5.12 RC Released

    Links for the day



  11. IRC Proceedings: Sunday, February 28, 2021

    IRC logs for Sunday, February 28, 2021



  12. On Gangstalking and Victim-Blaming

    Reprinted with permission from Daniel Pocock



  13. If the Web Can Be Increasingly Replaced (or Complemented) by Gemini and IPFS Etc., Then Large Monopolists Will Try to Dominate Those

    Monopolists and sociopaths won't be clapping and cheering for whatever stands a chance of replacing the Web (or Big Banks); if they ever embrace those replacements, it'll be to dominate and in turn undermine these



  14. Links 28/2/2021: Nitrux 1.3.8 and Kraft 0.96

    Links for the day



  15. Techrights Over 3 Internet Protocols and From the Command Line, Using Either Curl/Wget/Text Editor (Over WWW) or IPFS or Gemini

    A quick demo of how Techrights can be accessed without a browser, either over gemini:// or over http://



  16. The Command Line for Weather and Football Scores, Among Other Stuff

    A lot of stuff can be done from the command line and productivity (not to mention privacy) enhanced by automation and scripting over the Web (or even Gemini, as we shall show in a future video)



  17. You Know Gemini Space is Getting a Lot Bigger When You Need to Implement DDOS Protection

    Techrights is currently working on tools or programs that help detect and respond to DDOS attacks (or abusive over-consumption of pages) over gemini://



  18. The Fall of The Register

    A word of caution about The Register, a British publisher that nowadays does a lot of reputation laundering for Microsoft and Bill Gates (instead of news about actual technology, as opposed to clown computing, big brands, and oligarchs)



  19. IRC Proceedings: Saturday, February 27, 2021

    IRC logs for Saturday, February 27, 2021



  20. Links 27/2/2021: IPFS 0.8, OnionShare 2.3.1, and New Stuff in KDE

    Links for the day



  21. The Internet After Social Control Media (and Maybe After the World Wide Web Too)

    There seems to be a growing trend of protests and backlash against centralised Internet disservices; there's also growing dissatisfaction over bloat and spyware, which the Web rendered a 'norm'



  22. SCO's Darl McBride is Finished (Bankruptcy)

    Some news about the site and about the long-forgotten SCO, whose infamous old (and sacked) Darl McBride (responsible for decade-long attacks on Linux) loses everything, based on fresh legal documents



  23. IRC Proceedings: Friday, February 26, 2021

    IRC logs for Friday, February 26, 2021



  24. Links 26/2/2021: Wine 6.3, Genode OS Framework 21.02

    Links for the day



  25. Links 26/2/2021: GNU Poke 1.0 is Out and Rocky Linux Leaves Microsoft GitHub

    Links for the day



  26. Microsoft's Status in Web Servers is So Bad That It Has Fallen Off Charts, is Now Partly Delisted

    In several categories or criteria Microsoft is no longer even listed by Netcraft; the share has become rather minuscule during the pandemic, which convinced more companies to explore expense-cutting moves



  27. We Take Away Your Freedom for Your Own Safety...

    People are herded like cattle and protest/dissent will be demonised as part of the new norm; what will be the cost of the pandemic and will resistance to the status quo ever be permitted to resume?



  28. EPO President Pushes Illegal Software Patents in South America (Over the Telephone With a Misleading New Puff Piece)

    The EPO's "news" section has become worse than a form of distraction (from the EPO's internal rot); it celebrates illegal and unlawful practices, spreading them to other continents



  29. The Free Software Foundation Warns Against Using Twitter

    Richard Stallman said Twitter was OK because it was possible to use it without proprietary software; that's no longer the case, so the Free Software Foundation (FSF) speaks out against it. It speaks about it more than 3 months after the problem became a known one and also an irreversible one (maybe Twitter would have reversed the decision if the media or the FSF actually spoke about it early enough).



  30. IRC Proceedings: Thursday, February 25, 2021

    IRC logs for Thursday, February 25, 2021


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