Bonum Certa Men Certa

Fitbit’s Decision to Drop Patent Case Against Jawbone Shows Decreased Potency of Abstract Patents, Not Jawbone’s Weakness

What a total waste of money!

Waste disposal



Summary: The scope of patents in the United States is rapidly tightening (meaning, fewer patents are deemed acceptable by the courts) and Fitbit’s patent case is the latest case to bite the dust

EARLIER this year we learned that the USPTO might have to reassess design patents, having already reassessed software patents. SCOTUS was poised to look into an Apple v Samsung case (one of several high-profile cases), which later turned out alright for Samsung.



Days ago we found a new article titled "US Supreme Court Sets The Bar Higher For Obtaining Damages For Design Patent Infringement" in the media of patent lawyers. At the same time patent law firms said that we all need more patents that fall inside/within a broader scope (i.e. more money paid for their 'services') , this time too in relation to design patents. Another patent law firm spoke in favour of design patents because it makes money out of patent maximalism. Shouldn't we just ignore them all, knowing that they object to SCOTUS not because SCOTUS is wrong but because of greed? They want design patents, like those which are often applicable to gadgets, but such patents are being phased out, or defanged in the damages sense. The incentive too pursue such patents has just decreased and confidence in existing ones eroded.

Certainty surrounding software and design patents is declining and in fact just two days ago, regarding the Fitbit case that we covered here before, there was a major new development. The seminal lawsuit got dropped:

Fitbit drops patent infringement case against rival wearable tech company Jawbone



Fitbit Inc. has dropped one of its patent infringement cases against rival wearable tech maker AliphCom Inc.’s Jawbone, pointing to its belief that the company is already failing financially, reported The Wall Street Journal.

The two San Francisco-based companies both manufacture and market wearable fitness trackers and have been tied up in litigation with each other, alleging patent infringement and the stealing of trade secrets. Patents in the litigation dropped by Fitbit were related to heart-rate and physical activity monitor technology.

Fitbit’s case would have blocked Jawbone’s ability to bring their competing product into the U.S., however it seems as if financial issues have already hampered the company’s ability to do business. Jawbone no longer lists its products for sale on its website.


Fitbit’s implicit message here is that it was going to win but was merciful enough because of the defendant's position, but that's quite likely just spin. The legal battle soon became a two-edged sword because Jawbone fought back and now it looks increasingly expensive for Fitbit to fight on, especially relying on patents that high courts tend to invalidate at the end.

What we are seeing here is part of the trend of litigation declines (as noted by several sources so far this year). Bad news for patent lawyers, but excellent news to everybody else.

Recent Techrights' Posts

Destruction and Distortion of Information, Including Facts About Linux (Bonus: This is Destroying the Planet)
All that LLMs have going for them is hype, and moreover media that intentionally misrepresents them and their supposed capabilities
IBM Layoff Rumours, Large-Scale Implementations Weeks Ahead (in March 2025)
There are some people corroborating
Microsoft Blasted for Adding Insult to Injury: Workers Laid Off Without Prior Notice, Without Severance Payment and Basic Coverage (Like Health), Then Stigmatised as Bad Performers So They Cannot Find a Job Elsewhere
Such stereotypes end entire careers
 
Gemini Links 12/02/2025: Depression, Gabbro, WikiTok, and More
Links for the day
Links 12/02/2025: Health, Security, and Monopolies
Links for the day
Gemini Protocol is Increasingly Important to the Net
Gemini Protocol will turn 6 this summer
Former EPO Manager Warns That the Illegal 'Court' for "Unitary Patents" Enables “Law Shopping”
Daniel X. Thomas opposed the very existence of the UPC, which any honest person could recognise was both illegal and unconstitutional
Like GAFAM, the EPO is Passing the Financial Pains to Staff
the EPO is operating illegally at this point
Morale at Microsoft Ruined by the Company Labelling Thousands of Workers 'Low Performers', Sacking Them on the Spot and Denying Them Basic Benefits
people laid off as "low performers" go to social control media to bemoan the label
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 11, 2025
IRC logs for Tuesday, February 11, 2025
Links 11/02/2025: Current state of the Internet and Smallnet Information Services (SIS)
Links for the day
Conservative Estimate: Over 10,000 IBM Workers to Be Laid Off in the Next Two Waves
The morale is low and layoffs are expected soon, with mass layoffs likely happening next month and then again later
Links 11/02/2025: Trade Wars and "Crisis for American Universities"
Links for the day
Parasitic LLM Slop Sites Destroy the Ability to Find "Linux" News in Google News
Remember that Google News laid off lots of its workers
Richard Stallman's English Talk in Italy Less Than 24 Hours Away (Torino) and Then Another Talk in Italy Scheduled (University of Bozen-Bolzano)
He's active and he travels a lot in spite of his medical condition
Links 11/02/2025: Nutritional Poverty, Closure of USAID, More Fictional 'Valuations' Around Buzzwords
Links for the day
Perl Programming Leftovers
recently in perl.org
Microsoft in Africa: From 98% to Less Than 10% in Just 16 Years
Microsoft being on less than 1 in 10 Web-connected devices in Africa is a very big deal
Almost as If MElon Reads Techrights
The joke we started appears to be spreading
Gemini Links 11/02/2025: NeoVim and Deploying Other People's Code
Links for the day
BetaNews is Still Publishing LLM Slop/SPAM About "Linux"
Assuming it is indeed LLM slop, it seems clear BetaNews has no intention of improving or is simply unable/unwilling to improve
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 10, 2025
IRC logs for Monday, February 10, 2025
Scheduled Maintenance Tomorrow and on Valentines
If the site (or Gemini capsule) is offline for a bit, the maintenance windows are likely the root cause
If Matthias Kirschner Loves Free Software, He'll Change the Name of the Microsoft-Sponsored Organisation He Governs (in Order to Avoid Confusion)
The FSF-EEE does not really like Software Freedom, it just loves money (including Microsoft's)
Soylent News Lessens the Scope of Discussion Due to Persistent Trolling and Online Abuse
if they make it a lot harder for new people to participate, then they limit the "general appeal" and reach
EPO's Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Workers Are Getting Sicker, Conditions in Which to Assess Patent Applications Deteriorate
"According to the Office statistics the total number of days of absence has gone up from 12.4 to 13.1 total number of sick days per Full Time Equivalent (FTE) from 2023 to 2024."
The Standard Needs to Improve Its Standards for Fact-Checking, Aaron Swartz Had Nothing to Do With Reddit and He Detested the Company That Created It
The Web is already bad enough as it is
When the Livestream of Richard Stallman is Apparently Bury-Brigaded Offline You Finally Learn to Avoid Google/YouTube for Streaming
Please, people, stop uploading to Google/YouTube
New Paper From the EPO Highlights Large-Scale Discrimination at the Office, Where People Are Rewarded for Granting More and More Illegal Patents
Even the Kremlin is probably more competent than this
Links 10/02/2025: Ban on D.E.I. Language, Listeria Risk/Outbreak
Links for the day
Links 10/02/2025: Announcing "Stringless" and Mental Health Improvement
Links for the day
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake