Bonum Certa Men Certa

Smartphones Hit Hard by Software Patents, Many Join the Call for Government Intervention

No longer physical inventions

Engine



Summary: The resistance to software patents gets a boost from the clear problems phone developers are suffering from

According to Project Disco, "One in Six Active U.S. Patents Pertain to the Smartphone", meaning perhaps that software patents -- not just hardware design patents -- spread rapidly wherever computing goes. Lucrative markets are getting clogged up ever so needlessly. One FOSS advocate says that it "[w]ould take 2m patent lawyers working full-time to compare every software product with every software patent issued in a given year" (hence the futility of this wasteful system), "which proves that the only ones to benefit are lawyers," responds Bruno Girin.



Bruce Perens says that "both Apple and Google spent more last year on litigation than on all research and development" (commonly known fact by now). Apple continue to patent software for smartphones and Amazon, which sells Android devices, is complaining these days. To quote the latest from Bezos: "The Amazon chief executive says that governments might need to intervene to ensure that the onslaught of patent lawsuits doesn't hurt consumers."

IDG quotes experts [1, 2, 3] as saying that innovation is harmed by these patent wars:

Patents on software and on business methods are fueling a huge war in the mobile industry and holding back innovation, a group of patent experts said Tuesday.

Patent holders -- many that don't make products -- are using software and business method patents to hold back small companies making innovative products, said some panelists speaking at an event sponsored by the Advisory Committee to the Congressional Internet Caucus.


Over at Groklaw, the lawsuit which started much of this massive debate is shown to be illegitimate. Jones writes:

Samsung pointed out that the judge had told the parties to limit their briefs on two kinds of motions -- for judgment as a matter of law and on motions asking for an injunction -- to 30 pages. Also there was a rule not to use declarations or other exhibits attached to motions to bring up matters not in the main brief. Portions of Apple's declarations attached to Apple's injunction motion [PDF], in Samsung's view, violated those rules.



Here is more:

While appeals based upon a legally erroneous claim interpretation are not uncommon in the Federal Circuit, this case offers the added twist of a district court that applied a proper claim interpretation at the preliminary injunction stage and then abandoned that claim interpretation in issuing its Final Jury Instructions, without explanation. Hopefully, this issue will be raised on appeal and addressed by the Federal Circuit.



This case has been important for several different reasons, so we shall keep an eye open.

Comments

Recent Techrights' Posts

Links 29/11/2024: China Tensions and Big Bounties for Invalidation of Software Patents
Links for the day
More Microsoft Corruption and Cover-ups
The key point here is that Microsoft is a corrupt company that bribes officials and breaks every law in the books, then lies about it, covers things up, even bribes publishers to participate in the cover-up
Microsoft Fired Hundreds of Workers Days Before Thanksgiving
Maybe it's time for Microsoft shareholders to reassess the true wealth and well-being of Microsoft as a company
Ireland Goes to Polls, Here's Daniel Pocock's Leaflet (Running as Independent in Dublin Bay South)
He seems to be the only geek running for Office
Deny the Shopping Holiday, Celebrate the Real Holiday
Buy Nothing Day
 
Fentanylware (TikTok) Just Doing Exactly What It Was Supposed to Do
A senior official at Romania's telecoms watchdog called for Fentanylware (TikTok) to be suspended
Daniel Pocock Explains Why People Should Vote for Him Today (General Election 2024)
Polling day in Ireland
[Meme] Microsoft and Bill Gates Controlling Media Coverage
Cautionary tale
Typical Microsoft Bully (Paid by Microsoft)
Some Microsoft staff doesn't know boundaries
Threats, Attacks on Women, and Other Tactics of Microsofters Will Always Backfire
California: An Epicentre of Psychosis Influenced by Silicon Valley?
Rejecting Fake Holidays
In the US, today is the day after Thanksgiving and nothing els
8GB Swiss Archive offered to Irish voters by Dáil candidate
Mr Pocock doesn't take orders from cyberbullies
Daniel Pocock: Why you should follow my RSS or Atom feed, Irish elections, everybody wins
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 28, 2024
IRC logs for Thursday, November 28, 2024
CNX Software Selling Out to Microsoft For Deny Friday
Hardly the first time they do this
Links 28/11/2024: F.T.C. Launches Antitrust Investigation Into Microsoft, Bluesky Concerns
Links for the day
Gemini Links 28/11/2024: Fighting Evil and Games With “Content”
Links for the day
Microsoft Canonical: Proprietary Spyware in 'Community' Clothing
Some years ago Canonical decided to restore the mere appearance of being run like a democracy or a community
Stories About Microsoft and "Hey Hi" (LLMs Actually) 'Written' by Microsoft "Hey Hi" Chatbots With 'Linux' Thrown in for SEO Purposes
self-promotional Microsoft nonsense
Links 28/11/2024: Pakistan Turmoil, TuxCare Changes, and More 'Open'AI Problems
Links for the day
Links 28/11/2024: Privacy, DNS, and Python
Links for the day
[Meme] When Social Control Media is Over
Any deathbed regrets?
Death of Human Interaction
How much are future generations being "damaged" by premature introduction of skinnerboxes and, perhaps more importantly, is there any "safe" age?
Dr. Andy Farnell: "Electronic Voting" is a Solution to a Problem That Doesn't Exist
The arguments are similar to ones that we've made for years
The Linux Foundation (Fronting for Microsoft and Bill Gates, Not Linux) Makes Cyberspace Less Secure
Security is not the goal
[Meme] The Most Important Things When Committing Crimes
pronouns
The EPO's General Consultative Committee (GCC) Meeting Last Month Sought to Remove Genders (But It's Nearly Impossible in French and German)
there are so many major problems at the EPO; this one seems like a minor distraction and perhaps one that suits corrupt management (misdirection of anger)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 27, 2024
IRC logs for Wednesday, November 27, 2024
Links 27/11/2024: “Writing Month”, "Cybertorture", and Qualcomm Trouble
Links for the day
Gemini Links 27/11/2024: How the Exoteric Relates to the Esoteric, a Look at BASIC
Links for the day
Materialistic Culture of Fake Possessions and Fake Popularity
Fake popularity is part of a "chicken and egg" thing
If the Reputation of the European Union for Rule of Law Has Diminished, Blame EPO and the German (Also the Dutch) Government for Facilitating It
We'll soon publish some new EPO material
[Meme] Same Thing, Different Job Title
"Server sysadmin; Clown computing consultant"
Imagine Patents on Musical Compositions and Cooking Recipes
The very existence of software patents must come to an end
"Latest Technology News" in BetaNews is Press Release SPAM (or LLM Slop, Marketing, Fake 'Review')
What they call "reviews" are just ads
[Meme] Kramer is Done
Devuan is turning 10
There Are More Devuan-Based Distros of GNU/Linux Each Year
"The Veteran Unix Admin collective salutes you"
Go Offline for a Bit
yup!
Windows Falls to All-Time Low (12%) in Gabon
Gabon's data from statCounter shows this
[Meme] When Words Come to Mean the Opposite
"Keep the 'dumb' stuff, be smart about it"
In Defence of Analog (Sometimes Digital and/or "Smart" is Objectively a Lot Worse)
This past weekend (2-3 days) I spent a few hours per day saving us 250 - 400 pounds in repair bills
It Takes Microsoft Over a Day to Restore 'Microsoft 365' (360, 5 Days of Downtime)
Microsoft/Windows TCO will always be huge
[Meme] In Some Countries, Android (Linux) is Already 'the Standard'
"Wait. Sorry, we don't do Windows here, we barely use laptops."
In Gambia, According to statCounter, Windows "Market Share" is Down to 3%
in some countries Windows is already down to 1%
In Defence of CDs...
Let's say that some environmentalists focus only on visible things like plastics
This Holiday Season Dump Companies That Offload Everything to Skinnerbox "Apps", Un-Encrypted E-mail, and 'Webapps' (Proprietary JS Applications in 'Web Site' Clothing)
bot disservice
The Web is Becoming Social Control Media Junk and Fake Text Crafted by Machines (Boosted by Social Control Media via Bots Which Game Visibility/Popularity)
The misinformation machines are being increasingly automated to promote dictators and bigots
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 26, 2024
IRC logs for Tuesday, November 26, 2024
When Social Control Media in the European Union is Controlled by BRICS
Who controls TikTok?
Links 27/11/2024: Zoom Waning (Stock Falls), More Microsoft Shutdowns, and European Commission Flags Bluesky for Breaches
Links for the day