Bonum Certa Men Certa

Rotten Patent System Not Just a Bad Apple, CCIA Seeks Change

Systemic problem



Summary: Lawsuits that discredit the system, including Apple's only recent 'win' in court (trial misconduct alleged)

Some recent news about a patent troll got the attention of this famed FUD buster who writes:

Ars Technica has the story on yet another patent troll -- though this one seems a bit special. TQP Development -- a typical patent troll in so many ways -- has apparently gone on something of a rampage over the last four years (and increased in the last year) suing hundreds of companies. The list is impressive. Its most recent lawsuit is against Intel and Wind River, but it's sued pretty much everyone you can think of. Apple, Google, Twitter and eBay? All sued. Target, Hertz and Mattel? Yup. The list goes on and on... and the company is able to get a bunch of companies to settle just to get rid of the lawsuit. Apparently not a single lawsuit has actually gone to trial.


There is also this in the news today:

Chicago options market goes nuclear, files $525 million patent suit



There was a time, not long ago, when the titans of the US financial world ran away from patents. During the Bilski case, big banks filed an amicus brief (PDF) on the same side as Google, asking the Supreme Court to disallow so-called "business method" patents to no avail.

However, a few key financial institutions have embraced patents enthusiastically. This week, the Chicago Board Options Exchange has taken finance-patent wars to a new level. CBOE filed a lawsuit against a competing options exchange, International Securities Exchange (ISE), demanding $525 million for the infringement of three patents: US Patent Nos. 7,356,498, 7,980,457 and 8,266,044. The board asked for the first patent in 1999, at the height of the patent-everything craze, and the patents were issued between 2008 and 2011.


This will be a good case for abolishing the patent system and the legal framework around it. It is not so far-fetched a concept. We already saw misconduct helping Apple in court [1, 2], but Samsung fights back against it:

Samsung Replies to Apple's Defense of Jury Foreman's "Deliberate Dishonesty" ~pj



[...]

It's serious. And it happened, according to his own bragging to the media. I'm not surprised there will be a hearing.


Here is more:

Did Jury Foreman Hogan Influence The Apple vs Samsung Verdict?



Samsung has been on the winning side against Apple's legal attacks around the globe - including the UK, Germany and The Netherlands. It's only the US, Apple's home turf, where it is facing some challenges. The biggest and the most infamous billion dollar verdict might have had a different outcome if Velvin Hogan was not part of that jury, believes Samsung and many others due to his perceived bias against Samsung.

Both Samsung and Apple have been arguing about when the opposing party learned about Hogan's Seagate court case. Samsung seeks a new trial due to Hogan's failure to disclose about other court cases, his 'presumed' bias against Samsung the way he ignored the court's instructions and influenced the jury using his own technical expertise.

While Apple wanted Samsung to disclose when they learned bout jury foreman Hogan's other court cases (and Samsung disclosed), Apple itself refused to entertain Samsung's similar request.


Samsung wouldn't settle. Why would it? It has a lot to gain now that it is leading. It is Apple that might want to retreat and prevent further retribution from Samsung. Here is what Samsung is doing:

Samsung Raises Prices To Apple: I Wonder Why?



Now this is an interesting little tale: Samsung has raised the price it charges Apple for the main applications processors in the iPhone and iPad. The interesting question is why have they done this? I have a suspicion that I know the answer why: no proof, just a suspicion.

[...]

So, what might encourage Samsung to go for the short term greed rather than the long term type? My suspicion is that Samsung is realising that there’s no long term relationship available with Apple any more. There is of course the multi-continental fight going on over Android and the design of phones and tablets. But more than that, Apple has been disengaging from Samsung as a flash memory supplier, even as a screens supplier. To the point that there are rumours that Apple has been bailing out a Sharp plant in order to ensure that supply from some, any other than Samsung, company.

There have also been stories around that Apple is looking to either bring inhouse the chip fabrication itself, or to look for another fab house to bake them. Apple already does the detailed design of the chips with ARM providing the basics of the core. In the medium term, over the next generation or two of chips, it wouldn’t be all that difficult for Apple to farm it out to someone else, the physical construction of the chips.


Apple has failed in its litigation against Samsung. Apple likes to accuse Samsung of 'stealing' like it accuses -- in vain -- China of 'piracy'. All in all, we are dealing with a broken system that even Computer & Communications Industry Association (CCIA) is trying to tackle:

The U.S. patent system is supposed to foster innovation and reward inventors. But in recent years it has devolved into an epidemic of licensed blackmail with shell companies using flimsy patents to shake down productive companies — especially in the tech sector.

Today, technology firms launched a new website called Patent Progress to call attention to the patent problem, and to share solutions from legal and policy experts. The site is run by the Computer & Communications Industry Association, an advocacy group that counts Google, Microsoft, Yahoo and Facebook among its members. Its contributors include leading intellectual property and antitrust lawyers and scholars.


They sometimes lobby for Microsoft. CCIA helps corporations, not people, so Patent Progress is probably not the best way to go. Still, it's a sign that even corporations are getting fed up.

Ed Black from CCIA writes today that "RPX estimates that there are 250,000 active U.S. patents applicable to the smartphone. Assuming an average of 20 claims each, that is 5,000,000 restrictions on smartphone innovation.

"CCIA’s DisCo project did some further calculations and found smart phone patents account for 16 percent of active patents in the U.S, using RPX estimates.

"As for software patents, researchers say it would take roughly 2,000,000 patent attorneys working full-time to compare every software-producing firm’s products with every software patent issued in a given year. Moreover, any such search would be incomplete, because it cannot reveal applications that are not yet published (18 months from filing in most cases), let alone those that have not yet been filed."

Comments

Recent Techrights' Posts

Professor Eben Moglen on How Social Control Media Metabolises Humans and Constrains Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
Debian Left Twitter (MElon "X"), We Think the Free Software Foundation (FSF) Should Do the Same
What would the FSF really lose if it stopped posting there?
Tons of Anti-Linux 'Articles' Published by Bots (LLMs), Maybe Microsoft's
Upon closer inspection, all this FUD turned out to be LLM garbage
Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
 
Gemini Links 07/02/2025: Mid-level Details and Simple Code
Links for the day
Links 07/02/2025: US 'Demolition Crew', e-ID Loopholes, and Sanctions
Links for the day
Social Control Media is Narcissism
Nowadays there's a lot more literature and even press coverage explaining the harms of Social Control Media
statCounter Sees GNU/Linux Share Doubling in China Over the Past Year
It'll be interesting to see what data in the coming months shows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 06, 2025
IRC logs for Thursday, February 06, 2025
Richard Stallman (RMS) Confirms Next Week's Talk in Europe
He gave at least 2 talks in Europe last month
Nationalism As A Service (NaaS) by Microsoft Azure, Gutting the US Government for Profit
Will Microsoft be receiving bailouts as a reward for all this?
Rumours of IBM Layoffs Apparently Confirmed Yesterday, IBM Canada Consulting Impacted (as Rumoured)
when IBM has layoffs we must also read it as Red Hat layoffs
Gemini Links 06/02/2025: Voicemail Sucks and Night of Lights
Links for the day
Links 06/02/2025: YouTube Takedowns Out of Control, 'DOGE' Breaking Laws
Links for the day
IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025
Links 05/02/2025: Kessler Syndrome and News Online
Links for the day
statCounter: Monaco Now 7% GNU/Linux ("Proper")
GNU/Linux, not counting Chromebooks, is on the rise
Many Parts of Google Lose Money
It's quite apparent that many parts of Google - even some that rely on ad revenue or push ads - aren't profiting
European Internet Forum (EIF) is Dominated by American Corporations and Microsoft Lobbyists, Staff Take the Lead
Should the officials over here or the European Parliament pay attention to these people?
Links 05/02/2025: Connection without Connectivity and Unionised Grocery Workers
Links for the day
Just Because People on Top of the Microsoft Pyramid Made a Lot of Money Doesn't Mean Microsoft is Wealthy
The bigger they are the harder they fall
Gemini Links 05/02/2025: Learning, Madman Ruling a Mad Country, Back in Geminispace
Links for the day
statCounter Shows "WIntel" Chasing a Dying Market
Microsoft acts as if it's running out of money
Free Software Foundation, Inc. (FSF) Still Raising Money, Richard Stallman Contributes
total exceeding $430k
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025