Bonum Certa Men Certa

Apple's Legal Actions Against Android and Against Qualcomm Could Eventually Weaken Patents at Two Levels

...Hardware (chipsets) and software alike, with dubious software patents that accompany them, have made phones incredibly expensive

Phone and USPTO



Summary: By tackling the practices of Qualcomm and by dragging companies to court over ridiculous design patents (potential of blanket ban by the Supreme Court) Apple weakens the very business model it will need to rely on as its market diminishes, leaving it with nothing but patents

THE mobile market is worth a lot of money these days. The exact numbers depend on how it's measured and what exactly gets included in the measure. But no doubt more and more people now turn to mobility. Many sales are made in it, both of devices and software (licensing). Apple's sales are declining and many of the headlines we come across (when it comes to Apple at least) are about new patents and patent applications from Apple. Perhaps that's just Apple's vision/foresight of its future. It want to prey on OEMs that are actually shipping a lot of phones (Huawei for example). This is why Microsoft, for example, attacked Samsung in the courts -- using software patents of course -- and then virtually forced Samsung to become its vassal. It's a strategy of coercion. A lot of patent battles are now focused/centered around the mobile market (connections, interfaces, touch-enabled devices, navigation and so on) as many companies try to turn a pile of patents into revenue without actually creating anything. Qualcomm is a good example of this.



"It's a strategy of coercion."Qualcomm's management seems growingly nervous about the antitrust action in various places as well as the lawsuits/complaints [1, 2], notably Apple's. The $815m BlackBerry arbitration, which was mentioned here the other day, gets a mention in patent maximalists' sites and Florian Müller took note of it after we had sent him some links related to it. It seems possible, albeit it's subjected to the Supreme Court's instincts, that another Apple case against Android will reach the Supreme Court (SCOTUS). As Müller put it just before Easter (taking special note of the role of CCIA):

One organization that has previously supported Samsung against Apple, the Computer & Communications Industry Association (CCIA), appears to have decided not to get active again at this stage. But in case certiorari is granted, I wouldn't be surprised to see CCIA get involved again. With respect to design patent damages, CCIA's work was really great. But even CCIA may at some point experience such a thing as litigation fatigue: the Apple v. Samsung dispute is now six years old.

Samsung's design patents-related petition was exceptional. It had tremendous support and, since it raised sort of a once-in-a-century type of issue, it was a slam dunk (to the extent that a cert petition can be a slam dunk at all, given overall stats). The fact that certain amici who supported Samsung on design patents aren't on board this time doesn't mean that the three issues raised last months aren't also certworthy in their own ways and their own right.


We wrote about this case many times before and if it reaches SCOTUS, then we definitely expect the patents to be challenged and quite likely invalidated, as per the pattern of recent SCOTUS decisions on patents. If that happens, what will Apple be left with? Apple is the next Qualcomm.

Recent Techrights' Posts

Corporate Media: Blame the People Who Enter the Abandoned IBM Buildings, Not IBM for Abandoning Workers in Pursuit of IT Sweatshops
When the media spreads falsehoods stocks can go up (a lot higher), but at whose expense and how long for?
SUEPO Munich Report on the Recent EPO Demonstration and Rolling Strikes That Continue to Grow
"increasing registrations for the 'rolling strikes' running until autumn"
Gemini Links 11/07/2026: Old Computer challenge, Poems, Antenna, and More
Links for the day
 
Blogs May be Making a Comeback (They're Not Fediverse, They Are Joined by RSS Feeds)
Don't fake expansion where none existed
ChromeOS and GNU/Linux in the United Kingdom Reach 11%
the UK shows signs of digital maturity
Canonical is Selling Microsoft, It Pays The Register MS to Sell Microsoft
It's all about money to them. And they call this journalism.
When Red Hat's HR Becomes the Same as IBM's HR (Bluewashing)
Red Hat keeps sacking very experienced engineers and adding temporary interns
GNU/Linux Growing in East Asia
Assuming this is more or less accurate, we could use a plausible explanation
Over a Week After Microsoft Discontinued Some XBox Models It Apparently Exits Some Markets Altogether
We seem to be witnessing the end of XBox
Links 11/07/2026: "Trademark wars of Influencer Culture", Xinuos Uses Copyrights Versus UNIX
Links for the day
North America: GNU/Linux Measured at 10%
To better understand what contributes to the gains
Following Corrections and Adjustments statCounter Sees GNU/Linux at 7.1%, an All-Time High
There is a lot of layoffs at Microsoft this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 10, 2026
IRC logs for Friday, July 10, 2026
Links 11/07/2026: Wednesday-Saturday News Catch-up
Links for the day
Prioritising High-Importance News
In order to fully catch up with news we'll not publish many new articles until next week
The Register MS: "AI" More Than 80 Times in One Article. But It's Not an Article, It's Sponsored Keyword-stuffed Page.
The Register MS is being paid to actively promoted this scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 09, 2026
IRC logs for Thursday, July 09, 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 08, 2026
IRC logs for Wednesday, July 08, 2026