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02.27.17

A US Supreme Court (SCOTUS) Which is Hostile Towards Patent Maximalists May Closely Examine More Patents That Apple Uses Against Android

Posted in America, Apple, Courtroom, GNU/Linux, Google, Patents, Samsung at 5:03 am by Dr. Roy Schestowitz

GNU/Linux-powered devices are habitually being targeted by artsy design patents, but might this end soon?

Designer

Summary: A company which often takes pride in designers rather than developers (art, not technical merit) may lose that leverage over the competition if its questionable patents are taken away by the Supremes

THE SCOTUS, in its current composition at least (many nominations and appointments by Democrats — a trend that is now changing), has handed down some important decisions on patents over the past half a decade and most of them were favourable to patent reformers. Reformist scope-oriented measures such as restriction if not elimination of software patents are just the tip of the iceberg; a few months ago we wrote about the Lexmark case.

“This time around it’s about the second California Apple v. Samsung case (the one that went to trial in 2014, resulting in a $119 million verdict).”
      –Florian Müller
Florian Müller scooped an important story the other day. “I tried to find media reports on Samsung’s new Apple v. Samsung Supreme Court petition,” he wrote, “and couldn’t find any, so maybe I scooped’em all” with the blog post “Samsung is now taking the second Apple v. Samsung patent case to the Supreme Court”. To quote: “The first Apple v. Samsung case went all the way up to the Supreme Court and has meanwhile gone all the way back to the Northern District of California to take a new look at the question of design patent damages. But the steps to the Supreme Court are like a revolving door for this huge commercial dispute: a new petition for writ of certiorari (request for Supreme Court review) is already in the making! This time around it’s about the second California Apple v. Samsung case (the one that went to trial in 2014, resulting in a $119 million verdict).”

Someone disputed the number, saying that “it’ll actually be the third. They had another petition denied on a very technical issue.”

Müller insisted, however, that “by “second case” I meant the second case filed by Apple against Samsung in U.S. district court…”

“If this is all that Apple has left in its future plans (suing competitors), then it doesn’t look particularly bright; nor does it look innovative…”Techrights had been sceptical of Apple for a long time, even before Apple began attacking Android with patents (there was sabre-rattling even before that, e.g. against Palm). Apple and its nonsensical patents never end. Our sources at the EPO indicate that it’s not different in Europe, but we cannot publicly share any further details on that (in order to protect sources). Watch this article from CNN, published just 6 days ago. “Apple often patents interesting hardware or futuristic iPhone designs that may never see the light of day,” it says. “But in its latest patent granted on Tuesday, Apple (AAPL, Tech30) describes something a little less innovative, and already wildly popular.”

They’re ignoring prior art and also neglecting the fact that software patents are a dying breed. If this is all that Apple has left in its future plans (suing competitors), then it doesn’t look particularly bright; nor does it look innovative…

We look forward to that (potentially second) SCOTUS case which might, due to Apple, spell doom for design patents, which are often similar to software patents (in the GUI sense).

Life Technologies Corp. v Promega Corp.

“We look forward to that (potentially second) SCOTUS case which might, due to Apple, spell doom for design patents, which are often similar to software patents (in the GUI sense).”SCOTUS rulings on patents actually made a lot of headlines this past week, but this did not involve software patents or anything like that. Mayer Brown LLP, for example, wrote about Life Technologies Corp. v Promega Corp. (at SCOTUS) in lawyers’ media. “In an effort to curb efforts to circumvent patent protection,” they said, “the Patent Act imposes liability for infringement on anyone who supplies “all or a substantial portion” of a patented invention’s components from the United States for combination overseas. 35 U.S.C. s 271(f)(1). The Federal Circuit had held that a single component—in this case, of a five-component test kit—could be sufficiently important to a patented invention to constitute “a substantial portion.””

“The Supreme Court has reversed the Federal Circuit in Life Tech v Promega, ruling that manufacture and exportation of a single component of a patented invention assembled in another country is not enough for infringement in the US. However, as a concurring opinion and observers note, the Supreme Court did not indicate how much more than one is enough,” MIP wrote.

“IAM is basically ranting about this ruling because SCOTUS didn’t rule for patent maximalists.”IAM, the lobby of the patent maximalists (disguised as press whilst lobbying/preaching), wrote: “Yet again #SCOTUS left #patent community in the dark on a key part of its latest ruling” (misinformation).

Well, by “patent community” they mean something like “hedge funds of the patent world”, not a community per se. And nobody is really left “in the the dark”; it’s just a dark day for patent maximalists.

IAM is basically ranting about this ruling because SCOTUS didn’t rule for patent maximalists. To quote their blog post about it:

Seven US Supreme Court justices issued their latest patent ruling yesterday in a case that may not have been awaited with the same level of expectancy as next month’s oral arguments in the venue selection case TC Heartland, but which nonetheless showed them sticking to form. As ever with this court it was a case of what wasn’t said as much as what was outlined in the decision.

The case in question, Life Technologies Corp v Promega Corp, involved the supply of a single infringing component manufactured in the US by Life Technologies but then shipped to the UK for assembly. Promega sued citing the Patent Act’s prohibition of the supply from the US of “all or a substantial portion of the components of a patent invention” for combination abroad.

As for Patently-O, it said about Life Technologies Corp. v Promega Corp. that “[i]n a largely-unanimous opinion, the Supreme Court has ruled that the “supply of a single component of a multicomponent invention for manufacture abroad does not give rise to §271(f)(1) liability.””

“Patent maximalism is good for nobody except those who make a living from nothing other than patents (no actual invention, production and so on).”“Writing for the court,” Patently-O added, “Justice Sotomayor found that the “substantial portion” should be seen as a quantitative requirement and that a single component is not sufficient.”

The very fact that sites like IAM are upset about it should say quite clearly that it’s a good and positive development. Patent maximalism is good for nobody except those who make a living from nothing other than patents (no actual invention, production and so on).

02.17.17

Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

Posted in Europe, Patents, Samsung at 5:29 am by Dr. Roy Schestowitz

Technicolor logo

Summary: Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)

THE USPTO has long been a provider of patents that are used against Free software, but in Europe too this has increasingly been the case. Some European companies like Nokia are nowadays attacking Free software (Android, GNU/Linux etc.) while the EPO keeps granting software patents (recall Microsoft v TomTom).

“Some European companies like Nokia are nowadays attacking Free software (Android, GNU/Linux etc.) while the EPO keeps granting software patents (recall Microsoft v TomTom).”Technicolor has become a patent troll and weeks ago its shares were collapsing (it had already shown signs of rot not too long ago), so it now attacks [GNU/]Linux-powered products of Samsung, which may be the first among several more to come. According to this from IP Wire, “Technicolor announced today that it has initiated several patent infringement suits in Germany and France against Samsung Electronics, across a range of Samsung products, including mobile phones and digital televisions.”

These mobile phones and digital televisions run Tizen and Android, which are both Linux-based operating systems.

“These mobile phones and digital televisions run Tizen and Android, which are both Linux-based operating systems.”This is definitely noteworthy and merits a post of its own. In other news, regarding PersonalWeb Tech v Apple, there is this update which suggests that PTAB, characteristically, “found the challenged claims of PersonalWeb’s Patent No. 7,802,310 obvious based upon a combination of two prior art references. On appeal, however, the Federal Circuit has vacated the judgment – holding that the Board’s factual findings were not supported by substantial evidence. In particular, the Federal Circuit could not find substantial evidence for the conclusions (1) that the prior art taught each element of the challenged claims or (2) that PHOSITA would have been motivated to combine the references to form the invention as claimed.”

The Court of Appeals for the Federal Circuit (CAFC) rarely interferes and even less frequently disagrees with PTAB (only about 20% of the time in 2016). We hope that in the case of Samsung Electronics, a case which is centered around central Europe (France and Germany, or Paris, Dusseldorf and Mannheim in the absence of a UPC disaster), pertinent patents will be challenged. If not, then we can expect Technicolor to become more of a serial litigator.

02.13.17

The Only Firm That Makes Tons of Money Out of ‘Smart’ Phones Without Lifting a Finger is Qualcomm With Its Patents

Posted in Apple, Patents, Samsung at 2:17 am by Dr. Roy Schestowitz

Apple has still not managed to convert its patents into a cash cow and a barrier to Android takeover

Qualcon

Summary: Apple and Samsung are still losing money in court (lawyers are paid ad infinitum) and the only firm that gets away with a lot of money is Qualcomm, Microsoft’s patent trolling notwithstanding

PATENTS in the area of mobile technology have become a hefty tax that raises the price of phones to incredible levels. Some of these patents — but not all — are software patents and many are standard-essential (SEPs), so they cannot be worked around. We recently wrote about this in the context of Qualcomm. “Apple may have paid Qualcomm approx. $40 per iPhone,” Florian Müller wrote the other day, and it “accounted for third of Qualcomm’s revenues…”

“If you consider some of it speculative, that’s fine, but someone has to do the job of trying to infer and deduce information even in the early stages of a dispute.”
      –Florian Müller
This became a blog post of his (after he had ranted on the subject)), in which he stated: “At the end of my previous post on Qualcomm’s business model I wrote I would follow up with an analysis of the economic magnitude of the various antitrust investigations and civil complaints concerning Qualcomm’s two mutually-reinforcing business areas, baseband processor chipsets and wireless standard-essential patent licensing. While it will probably take a while before a publicly-accessible court filing by either Qualcomm or Apple makes reference to a particular damages claim or royalty rate, some information is already available and I’ll take the liberty of connecting some dots. If you consider some of it speculative, that’s fine, but someone has to do the job of trying to infer and deduce information even in the early stages of a dispute.”

A separate post of his deals with Apple’s case against Samsung getting “back to where things started” — an issue that Professor Dennis Crouch too has covered as follows:

In a non-precedential decision, the Federal Circuit has remanded this design patent damages dispute back to the district court reconsideration. The basic question is whether the patented “article of manufacture” (which serves as the basis for profit disgorgment) should be the entire article sold to consumers or some component of that whole. A patentee would obviously prefer the whole-article basis because it would result in a greater total-profit award. In Samsung Elecs. Co. v. Apple Inc., 137 S. Ct. 429 (2016), the Supreme Court held that the statute is broad enough to encompass either the entire-article or simply a component. However, the Court refused to provide any guidance as to how to determine the appropriate basis in any particular case (including this case involving Apple’s iPhone design patents).

There have been some reports about this in the press. It shows that half a decade later Apple is still not making much progress in its patent war against Android (only the lawyers are winning). Apple is now relying on fake news to keep up appearances and give an illusion of growth.

01.20.17

Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

Posted in Apple, Patents, Samsung at 12:23 pm by Dr. Roy Schestowitz

Image credit: Kudelski Group

Joe CherneskySummary: The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)

THE MOBILE market is one of the most trolls-infested markets these days. It has been like this for at least half a decade. There is a lot of money at stake and trolls are hoping to grab some of it without lifting a finger.

Never forget that Nokia was a top Linux contributor before Microsoft moved in for the kill and undermined everything Nokia was doing. Nowadays Nokia is acting more like a patent troll and the “Nokia” brand is just being licensed for some small — if not minuscule — level of income.

According to IAM, Nokia’s and Ericsson’s trolling affairs are now somewhat overlapping. To quote:

Huawei’s SEP licensing drive turns into clash of the telecom titans as Ericsson steps in with Nokia

[...]

Last week, NSN and T-Mobile – a US subsidiary of Deutsche Telekom – filed five petitions for inter partes review of multiple claims of four SEPs that Huawei asserted against the latter in East Texas in January 2016. The Chinese company claims that it filed these lawsuits after T-Mobile failed to respond satisfactorily to its requests to take a licence for telecoms equipment allegedly infringing on the patents, after first contacting it on the matter back in mid-2014.

[...]

In July last year, Huawei followed up its January infringement suits with another East Texas complaint against T-Mobile. This time, it requested that the court issue a declaratory judgment to the effect that it complied with its FRAND obligations in the licensing offers it had made to T-Mobile.

[...]

Another factor at play here is the global patent cross-licensing deal Ericsson signed with Huawei at around the same time that the Chinese company initiated its actions against T-Mobile.

Huawei is now the leading Android OEM and the leading OEM in the whole area in general. Samsung, in the mean time (the former leader), is cozying up to a deal with a troll. Only earlier today we wrote about the Kudelski Group, which is becoming a patent troll (it wasn’t historically) and is now being run by one, a thug from Intellectual Ventures. As IAM puts it (it’s portrayed as a partnership rather than a shake-down):

Led by senior vice president Joe Chernesky – a former Intellectual Ventures licensing executive – the Swiss company’s OpenTV subsidiary has engaged in an extensive patent licensing campaign, signing deals with the likes of AOL, Apple, Disney, Google, Netflix, Verizon and Yahoo over the past couple of years; while just this week, OpenTV filed another lawsuit in the Eastern District of Texas against NFL Enterprises, the commercial arm of American football’s National Football League, alleging patent infringement. In August last year, it signed a licensing agreement with RPX, in return for an upfront payment and a future transfer of patents from the defensive aggregator.

Kudelski has made a big name for itself in the patent and technology licensing space – and having a strong relationship with it could prove especially beneficial for Samsung, if and when it begins to mine more value from its own IP portfolio.

Notice the role of RPX in there.

Why are so many firms out there trying to make income out of patents rather than actual products? BlackBerry too has begun doing such stuff, resorting to litigation in Texas. Legislation alone can put a stop to it.

“Qualcomm is one of the worst patent troll[s],” Benjamin Henrion wrote about this news regarding Qualcomm:

Qualcomm’s Alleged “No License, No Chips” Policy Gets it into Trouble with the FTC

Qualcomm is the leader in baseband processors used for cellular communications in smartphones and other products, and one way the company has become a leader is by leveraging its patents, by either forcing customer to first “purchase a license to standard-essential patents, including elevated royalties that the customer must pay when using a competitor’s processor”, “refusing to license its cellular standard-essential patents to competitors”, or “entering exclusivity dealing arrangements” with companies such as Apple. At least that’s according to a complaint brought by the Federal Trade Commission (FTC) in the US that accuses Qualcomm of maintaining a monopoly and using unfair methods of competition, violating the company’s commitment to license on a FRAND (fair, reasonable and non-discriminatory) basis .

Here is the latest from Florian Müller about this subject:

FTC sues Qualcomm over antitrust violation; Apple may buy baseband chipsets from other suppliers

[...]

I’m not surprised that Qualcomm’s stock is tanking. This antitrust action is huge. Basically, what the FTC is saying is that Qualcomm is leveraging its monopolies (some in the form of patent rights and others due to the market position of its baseband processors) in ways that enable it to charge several times more for its standard-essential wireless patents than market prices and that its “no license-no chips” policy threatens to force the last remaining competitors, such as Intel, out of the market.

In other, lesser-covered news, Apple has been sued again for patent infringement. “The complaint filed by Seatoun Media,” says a site for lawyers, “centers around a patent entitled “Point to point voice message processor, method and recording/playback device,” this patent describes a “voice message processor” which can send messages between users of the POS system.”

It’s becoming increasingly hard to compete in the mobile market without a heap of patents. What it means is higher price (artificially inflated) of phones.

01.16.17

US Supreme Court Did Not End Apple’s Patent Disputes Over Android (Linux), More Cases Imminent

Posted in Apple, Courtroom, Patents, Samsung at 6:32 am by Dr. Roy Schestowitz

US Supreme Court and scales

Summary: An overview of some very recent news regarding the highest court in the United States, which has been dealing with cases that can determine the fate of Free/Open Source software in an age of patent uncertainty and patent thickets surrounding mobility

SEVERAL days ago we became aware of “Apple’s motion for a permanent injunction against Samsung for infringing upon three software patents.”

This has been covered by quite a few Apple-leaning sites and mainstream news sites, e.g. [1, 2, 3, 4]. This article by Dennis Crouch of Patently-O said:

In a one-paragraph order, the Federal Circuit has vacated its prior design patent damages determination in Samsung v. Apple following the Supreme Court’s 2016 reversal. The appeal is reinstated, and new briefs will now be filed. (Federal Circuit Docket No. 14-1335).

Apple’s design patents cover various ornamental designs applied to the iPhone and infringing Samsung Galaxy devices. Samsung was found to infringe because it “sells … [an] article of manufacture to which such design … has been applied.” 35 U.S.C. 289. The statute calls for for the infringer to be “liable to the owner [of the patent] to the extent of his total profits.” In its original decision, the Federal Circuit held that “total profits” referred to Samsung’s total profits on its infringing phones – i.e., total profits associated with the article of manufacture to which the design has been applied.

The US Supreme Court was recently mentioned in relation to other cases. It will take on patents of reasonably large companies. “Today,” Patently-O wrote last week, “the Supreme Court granted certiorari in two dueling petitions involving the Federal Circuit’s 2015 interpretation of the Biologics Price Competition and Innovation Act of 2009.”

This was also covered by Natalie Rahhal in New York. She said that the “dispute between Amgen and Sandoz over aspects of the so-called patent dance outlined in the Biologics Price Competition and Innovation Act was granted cert by the US Supreme Court” (SCOTUS).

“If patents are supposed to be in the interest of the public, then why deny ill people access to treatment which they can afford?”Writing from New York, again in relation to a SCOTUS, “Natalie Rahhal analyses the arguments of the amicus briefs filed in Lee v Tam, ahead of oral arguments in the case involving disparaging trade marks at the US Supreme Court on January 18,” according to this from MIP. This is not about patents, but the oral argument is imminent (2 days from now).

Looking outside the US for high-profile cases, there is also this case of Fujifilm v AbbVie (UK), which several sites have covered this month [1, 2] because “[g]eneric companies can seek court declarations that their own products are old or obvious in patent law terms under certain circumstances, the England & Wales Court of Appeal has ruled,” to quote MIP.

In Canada, the Supreme Court might soon hear this case where AstraZeneca is attempting to block generics. To quote MIP again: “The court on November heard arguments in AstraZeneca Canada v Apotex. The case involves AstraZeneca Canada’s patent for Nexium (Esomeprazole), a pharmaceutical product used to treat gastroesophageal reflux disease. AstraZeneca attempted to block Apotex from bringing a generic drug to the market. The Federal Court found that the promised utility of Nexium had not been adequately proven at the time of filing. AstaZeneca appealed to the Supreme Court.”

“2017 promises to be rather interesting, especially because later this week Trump gets inaugurated and he can thereafter cause a lot of damage to patent reform.”Suffice to say, we support generic medicine. If patents are supposed to be in the interest of the public, then why deny ill people access to treatment which they can afford?

2017 promises to be rather interesting, especially because later this week Trump gets inaugurated and he can thereafter cause a lot of damage to patent reform. His policies and appointments tend to serve the richest people, not ill and poor people.

01.10.17

Patent Maximalism on Display: Patent Aggressor IBM Celebrated in the Media

Posted in America, Google, IBM, Microsoft, Patents, Samsung at 8:58 am by Dr. Roy Schestowitz

When so-called ‘cross-licensing’ with patent purchases (the latest Microsoft method) is actually a disguise/cover for patent settlement after extortion [1, 2, 3, 4]

IBM Patents and Twitter

Summary: The patent lust at IBM, which is suing if not just shaking down companies using software patents, earns plenty of puff pieces from the corporate media

THE notion that the greater the number of patents, the better — a notion so ludicrous that also fails to recognise the raison d’être of patents — is quite a disease. Some people would have us believe that because China created a patents production line in SIPO it's actually at a position of advantage. It’s false and it’s rather infantile to repeat such claims.

One new article, seemingly from an author who is not a fan of software patents (see the short part about it), says today that:

The best ratios I found (i.e., most patents per person) were in very rich Bedford, adjoining Manchester, and almost-as-rich Hollis, adjoining Nashua. Each town had slightly more than 2.7 patents per 1,000 people.

[...]

So keep that in mind when you hear people pointing to patent numbers as a reflection of the braininess of a community, state or country or a company or industry. Take it with a grain of salt.

It’s often just a reflection of which companies are based around that area. But some towns take it out of context and equate patents with innovation or wisdom. The above article came just shortly after a heap of IBM puff pieces. IBM, as our readers are probably aware of by now, bets its future and the whole farm — so to speak — on being more like a patent troll (patent enforcement and shakedown). It has already done that to Twitter, a much smaller company, and it keeps doing that to other Internet companies. “IBM scores a record 8,000 patents in 2016,” enthusiastically screams this headline from Dean Takahashi (or his editor), who just repeated the ‘official’ story as follows:

IBM has proven it is once again dominant in earning patents, as it closed the year with 8,088 U.S. patents granted to its investors in 2016. That’s the 24th consecutive year that the company has earned the most patents of any company.

The second-ranked company, Samsung, had 5,518 U.S. patents granted. About 2,700 of IBM’s 2016 patents covered inventions related to artificial intelligence, cognitive computing, and cloud computing. The patents covered a diverse range of technologies that also included cybersecurity and cognitive health.

We have compiled a list of nearly 20 ‘news’ articles [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17] about IBM claiming 8,000 so-called ‘inventions’ in a single year. Almost all these articles are from yesterday and they add no new information; they’re puff pieces void of any analysis. IBM got many of these patents probably by just calling old stuff “cloud” and “AI” (buzzwords). Is “AI” the new “on a machine”? And “cloud” the new “over the Internet”? When it comes to bamboozling patent examiners (so as to be granted software patents) there are all sorts of tricks, many of which boil down to semantics. IBM is nowadays firing a lot of employees, selling large portions of its physical products divisions to China (notably Lenovo). Is this the future of IBM then? Just ‘hiring’ patents, which it already uses to attack and extort far smaller companies? “Samsung Second & Google Fifth In 2016 Patent Race”, an Android news site said yesterday, so IBM isn’t alone among Linux-oriented firms when it comes to the patents gold rush. Samsung and Google, however, are not patent aggressors. Unlike the above IBM puff pieces, a writer in Fortune published “These Firms Won the Most Patents in 2016″ — a list that shows Microsoft falling down quite sharply. As a Microsoft propaganda site puts it, “Microsoft ranked 8th on the list of companies awarded with most patents in the US” (a lot lower than before).

Well, Microsoft is having issues. Software patents are getting more difficult to get, so it is not managing to keep up with patent filings. Financial issues are not helping either. In the coming years we expect IBM to become more and more like a patent troll whose actual products (if not jobs too) sailed away to China.

12.26.16

Culture of Appeals Against Granted Patents Means Better and Improved Scrutiny, Less Litigation

Posted in America, LG, Microsoft, Patents, Samsung at 2:35 pm by Dr. Roy Schestowitz

Scientists as judges, not just as pressured (from above) examiners

David Ruschke
David Ruschke’s ‘official’ photo

Summary: The Patent Trial and Appeal Board (PTAB), led by David Ruschke, continues to function as another ‘layer’ that ensures patent quality by weeding out bad patents and here are some of the latest cases

THE patents and litigation climate is rapidly changing in the US. It’s not just about software patents, but it has a lot to do with them as a lot of litigation emanates from such patents, notably troll litigation.

Just before the days of the holiday (whichever one) we learned about the Patent Trial and Appeal Board (PTAB), which is responsible for invalidating many software patents, being in the midst of this battle:

The Patent Trial and Appeal Board announced on Dec. 2 that it would uphold a patent filed by Securus Technologies, and that the challenge filed by rival company Global Tel*Link (GTL) was invalid. GTL maintains, however, that Securus only won a partial victory.

The patent (U. S. Patent No. 7,494,061 B2) that Securus maintains held up to the challenge from GTL, relates to biometric identity verification monitoring devices used in correctional facilities. According to a summary of the patent, “The term “biometrics” refers to technologies that measure and analyze human characteristics for authentication.”

This patent is a software patent by the sound of it. These are actually the sorts of patents which improperly use terms like “biometrics” to sound as though they’re anything but image analysis, which is my field of research (post-doctoral). It has nothing to do with biology and it’s all typically reducible to mathematics (matrices). Does the appeal board (PTAB) realise this? If not, maybe it’s time to reassess.

Another report, last Updated 6 days ago, is an article about appeals in Korea, published by Jay (Young-June) Yang, Duck Soon CHANG and Seung-Chan EOM from Kim & Chang (patent microcosm). Remember that Korea still blocks software patents (as it should) and we commend this decision, which guards software giants (also hardware giants, not to mention military equipment players) like Samsung and LG — both of which became Microsoft prey for using Linux nearly 9 years ago. We last reported on this 3 months ago (Microsoft wants more 'Linux patent tax' in Korea).

Going back to PTAB, there is a CAFC/PTAB case (CAFC having the authority to object) that MIP explained as follows: “The original Federal Circuit panel decision in the case – written by Judge Reyna and joined by Chief Judge Prost and Judge Stark – was issued on May 25. The court affirmed the Board’s denial of Aqua’s motion to substitute claims 22–24 of a patent concerning automated swimming pool cleaners.”

There is a 9-page PDF in there. As mentioned here some days ago, they are complaining because their patent was granted in error and now they want to change it. Imagine if granted patents were something dynamic you could just amend, edit, expand etc. as you go alone. What a ludicrous thing. Invalidate the patent and if they insist it’s not fair, then they should apply for the patent again (with amended claims).

MIP also explains how to use PTAB to squash bad patents (like software patents) even when it’s not so trivial. “Jim Brogan, Brian Eutermoser and Janna Fischer discuss the ways that the unsuccessful IPR petitioner at the Patent Trial and Appeal Board still can challenge validity in subsequent district court litigation,” MIP wrote.

MIP, to its credit, keeps abreast of PTAB cases (mostly because of Mr. Michael Loney), although it sometimes misinterprets the numbers it puts forth.

In better news about PTAB, here is PTAB having a go at software patents and getting a chance to kill them again. As PatentDocs put it:

Petitioner, iVenture Card Traveler Ltd, filed a Petition seeking to institute a covered business method patent review of all claims of U.S. Patent No. 7,765,128, owned by Smart Destinations, Inc. The Board, applying the standard that requires demonstration that more likely than not Petitioner would prevail with respect to at least one challenged claim, the Board granted Petitioner’s request to institute the CBM review.

We hope that PTAB will continue to do its job improving patent certainty by knocking out a lot of rubbish patents, leaving in tact only those that merit court cases (if any).

12.06.16

In Historic Blow to Design Patents, Apple Loses to Samsung at the Supreme Court

Posted in Apple, GNU/Linux, Google, Patents, Samsung at 3:59 pm by Dr. Roy Schestowitz

Summary: A $399 million judgment against Android devices from Samsung, with potential implications for other Android OEMs, is rejected by SCOTUS

Excellent news came through AP several hours ago: “Supreme Court throws out $399 million judgment against Samsung in company’s patent dispute with Apple over iPhone design.”

There will certainly be plenty of coverage about this, including quite a lot of rants from Apple advocacy sites. Apple lost a design/UI patent case. It has actually lost quite a few cases against Samsung by now. Many other patents in this domain will be generally lost too, by means of precedence (how many patents out there are no longer valid?).

Here is what Professor Crouch, who followed this case pretty closely, had to say:

In a unanimous opinion authored by Justice Sotomayor, the Supreme Court has reversed the Federal Circuit in this important design patent damages case. Although the case offers hope for Samsung and others adjudged of infringing design patents, it offers no clarity as to the rule of law.

There is also this bit of news that’s covered a week late and says:

Apple v. Ameranth: Federal Circuit Partially Reverses PTAB and Finds All Claims for Electronic Menus Unpatentable

On November 29, 2016, in Apple Inc. v. Ameranth, Inc. 15-1703, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) findings of unpatentable independent claims in a Covered Business Method (CBM) review and reversed findings of patentable dependent claims under 35 U.S.C. § 101. On appeal, the Federal Circuit agreed with Apple that there was sufficient evidence to support the finding that dependent claims 3, 6-9, 11 and 13-16 of Ameranth’s U.S. Patent No. 6,982,733 (‘733 patent) were unpatentable as describing insignificant post-solution activities. Despite Ameranth arguing for a substantial evidence standard of review, the Federal Circuit applied a de novo review standard in its reversal of the PTAB’s decision.

Things don’t look too promising for Apple in this CAFC case and another CAFC case, Ameranth, Inc. v. Agilsys, Inc., now gets covered in another site (it’s about PTAB).

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