Bonum Certa Men Certa

Samsung is the 'New IBM', Sans the Trolling With Patents

IBM has itself become nothing but a trolls' feeder and patent bully

IBM floppy



Summary: The 'relic' company, IBM, loses its patent leadership (as measured using some yardstick) to Samsung, a company which is relatively calm when it comes to patent activity (unless/only when sued, as happens a lot nowadays)

SIZE matters. Especially when it comes to patents. Samsung is a very large company that employs a huge number of people and is viewed as a national asset. It's to Korea what IBM used to be for the US. Samsung has already been 'king' of patents at the EPO and now IBM see itself dethroned in its own country. Reports and analyses have recently suggested that Samsung silently became 'king' of patents at the USPTO. We'll come to the cited criteria in a moment (it depends on what's being measured).



This sort of 'triumph' of Samsung could not be celebrated today; it was clouded by late(r) Friday news from a Texan court. Yes, patent trolls carry on suing Samsung with dubious patents and hours ago we saw reports about that [1, 2, 3]. It's about a biometric patent or patents. And yes, it's in Texas, so PACid, the plaintiff, is quite possibly a troll if not some major parasite. It wants almost $3,000,000,000 (no typo!) and it went after Samsung because it's a leading OEM with many sales of Android devices. Speaking of Texas, in the Eastern District of Texas strikes again a Catalan university, exploiting the district in a get-rich-fast-type patent scam. Universities as patent trolls? No, IAM would not use the "T" word. Here is how its editor put it some hours ago:

Another tale of patent litigation with its roots in convergence is now being played out in the Eastern District of Texas. What makes this one slightly different to other stories is that its main protagonist is a small, Spanish company that was spun out of a Barcelona university back in the late 1990s. Earlier this week, antenna R&D business Fractus filed suits in Marshall against AT&T, Verizon, T-Mobile and Sprint, accusing them of infringing its patents relating to cellular base station antenna technologies.


Anyway, we digress. The point of this detour may be to show that Texas is where trolls go not for justice and companies go to defend themselves from injustice. Things are different in California, where Judge Lucy Koh does some good things these days (invaliding abstract patents) and is now being recalled by a longtime Apple v Samsung watcher. As he has just put it, "One month prior to yet another Apple v. Samsung trial, old and new disagreements on design patents surface" (headline). He ought to know this stuff, having covered it for nearly 8 years. Here's the latest:

On May 14, Apple and Samsung will square off in court again. It's going to be the third trial in their first California case alone. What makes it interesting is that it will involve a design patent damages determination (damages in this case amounting to a disgorgement of infringer's profits) following a Supreme Court ruling in the same case. The exact amount of money that will change hands between Apple and Samsung won't impact the parties' positions in the smartphone market. However, it will be a signal to other design patent holders, including patent trolls. Should Apple be awarded a huge amount that Samsung could ultimately afford but the equivalent of which would potentially put many other companies out of business, design patents would be used in aggressive, extortionate ways.

Last week, Judge Lucy Koh ruled on the parties' Daubert motions. Daubert motions and rulings are hard to figure out from the outside unless they're just about numbers (such as damages claims that a court does or does not permit) because one would need to know the related expert reports to really understand the context. What became clear to me from Judge Koh's ruling, however, is that she gave Apple various opportunities beyond the test proposed by the United States government in 2016 to argue that the relevant article of manufacture for a disgorgement of design patent infringer's profits in this case is an entire phone, not just a casing. While Judge Koh adopted the broad lines of the DoJ's proposed test, her Daubert order explicitly and intentionally declines to apply parts of what the DoJ had argued in its amicus curiae brief to the Supreme Court.


As we pointed out here many times before, Samsung tends to be more passive and defensive with patents. So we no longer view Samsung as much of a danger (if any).

Regarding Samsung's stance in the US, the CCIA has just pointed out that "[w]hile IBM is the largest single corporation recipient each year, Samsung actually receives more patents than IBM when you include the various Samsung subsidiaries."

Companies are filing for more patents every year—IBM received almost 1,000 more patents in 2017 than they did in 2016, an increase of 12% year-on-year. But, despite the fact that more patents are being filed for and granted every year, you still hear critics of patent reform claim that reforms have rendered patents worthless.

Samsung, IBM, Canon, Microsoft, Intel—these are all sophisticated users of the intellectual property system. They aren’t throwing money at something worthless; if they’re filing for patents, it’s because there’s value in doing so. And judging from all sorts of relevant statistics, as Patent Progress has previously covered, innovation is alive and well in the United States, including when it comes to patent filings.


A lot of IBM's patents are worthless software patents.

Here's a case -- or IPR rather -- against IBM patents (ZitoVault LLC v International Business Machines Corporation et al), based on prior art. The Docket Report put it explained:

Following two inter partes review proceedings, the court granted plaintiff's motion for summary judgment that IPR estoppel under 35 U.S.C. 315(e)(2) barred defendants from asserting invalidity of previously instituted claims based on prior art that was known by defendants when they joined a third-party's IPR, but which defendant's failed to assert in that IPR.


There are many more patents like these which IBM loses nowadays. This barely happens to Samsung.

As IAM put it a short time ago, "Samsung’s patent portfolio is almost certainly the biggest in the world, it may also be the best."

There's a corresponding blog post and more behind a paywall. IAM, not IBM, said that "Samsung has the world's largest active patent portfolio and among the highest quality ones, too, exclusive IAM-commissioned research reveals."

From the summary:

In the IAM/ktMINE US Patent 100, published in issue 89 of IAM, we revealed that Samsung owns by far the largest US patent portfolio. Now, new research conducted for IAM shows that the Korean conglomerate not only has the largest portfolio in the world, but also one of the strongest. Below we provide a detailed analysis of Samsung’s patent holdings, including an examination of how the company has developed its assets and the most salient patent-related stories it has been involved in over the last five years. Patent portfolio breakdown With almost 250,000 granted patents worldwide....


We don't typically wish to cite IAM, but in order to understand some things we keep track even of its spam from Japan (latest ad from Shobayashi International Patent & Trademark Office, or Satoshi Watanabe trying to sell services).

SCMP, which is now connected to the Chinese government through its new owner, wrote a few days ago about Huawei v Samsung. This shows how China uses patents to help the CPC-connected (the nation's Communist regime) Huawei block/stop competition from Korea. We already wrote about these legal disputes many times before (LG has been driven out of China using such lawsuits) and here's the latest:

A Beijing court specialising in intellectual property (IP) rights disputes has dismissed requests from Samsung Electronics seeking invalidation of Huawei Technologies’ certain patent rights on smartphones after an earlier local Chinese court decision banned sales of certain phone models from the South Korean brand.

The Beijing IP Court confirmed that Huawei’s patent rights on smartphones involved in the disputes with Samsung were valid and it denied any procedural violation in the previous patent review process, which had dismissed Samsung’s requests on the grounds of they lacked a factual and legal basis, according to a report by China Intellectual Property News on Sunday – a newspaper supervised by the State Intellectual Property Office (SIPO).


Well, SIPO and its aggressive/short-sighted approach will be the subject of our next post.

Recent Techrights' Posts

The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
 
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026
For the EPO to Survive, António Campinos and the "Alicante Mafia" Must Fall on Their Sword
There are EPO insiders who are convinced Campinos too is (or was) a cocaine addict
Some Slopfarms and Some Real News Sites Cover Richard Stallman’s (RMS) Talk
If his message about Software Freedom spreads, then we're all better off
Gemini Links 26/01/2026: Pocket Power Pack, Batteries, and Breaks
Links for the day
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day