Bonum Certa Men Certa

Let's Hope That Apple v Samsung Puts an End to Design Patents Once and For All

Zach Snyder patent



Summary: Apple and Samsung are going to court again and again, much of the time just to bicker/argue about stupid design patents like rounded corners

EARLIER this month we wrote about design patents being somewhat of a sham. That's just patents creeping into a domain already properly covered by copyrights and trademarks (like computer programs already fully covered by copyright law).



We may never understand the minds of so-called 'IP' lawyers (they lump together trade secrets, patents, copyrights and trademarks), but one thing we understand is that they always pursue money for themselves. They even give bad advice to clients if that would potentially bring income (to the lawyers, not to the clients).

The media is currently full of reports (e.g. [1, 2, 3]) about the Samsung dispute with Apple -- a dispute which goes half a decade back. The case is going to a jury -- probably a jury that does not quite understand patents (they're usually told buzzwords like "property", "innovation", "stealing" and so on).

Florian Müller was among the first few to write about it (CBS had beaten him to it, but he has the original documents). To quote Müller: "If one thought it appropriate to label a company's in-house and outside counsel, collectively, a "Comeback Kid," the term would surely apply to Samsung's IP litigation group and Quinn Emanuel. Yesterday (Sunday), Judge Lucy Koh of the United States District Court for the Northern District of California determined that a new Apple v. Samsung trial on design patent damages, which Samsung had been fighting for in courts on both coasts of the United States since the 2012 verdict, is indeed going to happen."

"It appears @Apple v @Samsung will never end. Judge Koh says today-Sunday!-that there will be another damages trial," said this tweet which Müller had highlighted before he found and published the relevant documents.

What's worth noting here is that it's all about design patents and this case, if escalated high enough, can squash all design patents (similarly to Alice). To quote CBS:

Get ready for Apple v. Samsung round number... oh, forget it, we don't remember, either.

Apple and Samsung will head back to district court for yet another design patent infringement trial. Judge Lucy Koh, in an order signed Sunday, has ordered the two tech giants to meet again in a courtroom to determine how much Samsung owes Apple for infringing three patents.


We hope that this case will put an end to design patents once and for all. Both parties have very deep pockets and can afford an appeal to the Supreme Court.

Speaking of Samsung, there's this bunch of lawsuits coming from Japan. IAM said yesterday that "Hitachi unit Maxell Ltd filed five US patent suits this month following on the Huawei and ZTE campaigns it launched last year. The breadth of the companies and industries on the defendant side in this latest offensive suggest that a significant initiative is underway within the Japanese company to increase its licensee base and royalty earnings.

"Three of the new complaints (which I accessed using Lex Machina) target well-known companies in the mobile space. Suits against Blackberry, ASUSTeK Computer and Blu Products name a range of mobile, tablet and other devices accused of infringing patents which appear to be related to mobile phones and cameras.

"The other two defendants – Fandango Media and FOTV Media Networks – both operate online video streaming services. These suits involve patents directed to digital video recording and transmission."

What is it about dying companies that compels them to be so litigious? Such is the nature of patents. It's like an 'insurance' policy for when business runs dry and managers look for someone to blame (or sue).

Recent Techrights' Posts

The Solicitors Regulation Authority (SRA) Under Scrutiny Today in the British Government's Meeting, Grilled for Its Failure to Regulate Rogue Law Firms
Things are not improving
 
Links 14/04/2026: Against US Monopolies in UK, Legal Action Against Twitter
Links for the day
The Series About SLAPPs Funded by Third Parties: All Parts Thus Far
index for today
SLAPP Censorship - Part 46 Out of 200: Alex Graveley's Attorney Rick Cofer Did Not Deny That Graveley Had Strangled Women; He Did, However, Pay Local Officials
some background about SLAPPs that began in 2021 very shortly after I wrote about corruption at Microsoft GitHub
The EPO's Attitude Towards Women and Media Silence on EPO Unrest
There's media blackout about very critical matters
Gemini Links 14/04/2026: Greed Versus Stability; Board and Card Games
Links for the day
Links 14/04/2026: Cheeto Loses Defamation Lawsuit Against the Media, "France Takes Its 129 Tonnes of Gold Uut of New York"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 13, 2026
IRC logs for Monday, April 13, 2026
IBM Agrees With Microsoft That Slop is Just for "Entertainment" and "at Your Own Risk"
So what can IBM sell now?
Microsoft Windows "Market Share" in USA Down to 40% According to Government Sites or 31% Overall
The world is changing, so do Americans
SLAPP Censorship - Part 45 Out of 200: Garrett and Graveley Cases Inherently the Same, Their Legal Team Can Barely Even Distinguish (Full Timeline)
"million-dollar men"
Gemini Links 13/04/2026: Pronouns for an LLM, Fakecoins Promotion Piggybacking Iran, "Your Face is Now a Search Query"
Links for the day
Links 13/04/2026: Higher Costs Hurt Both Rich and Poor Country, a "Landslide Win to Oust Orban"
Links for the day
Tens of Thousands of Days of Strike at Europe's Second-Largest Institution, Nobody in the Media Has Mentioned It
Since the "extraordinary general meeting"
SPAM That Mentions "AI" 16 Times (in "Security" Clothing, But Selling Back Doors), a Paid Placement in The Register MS
This will doom the reputation of the publication, The Register MS
At Least 23 Days of EPO Strikes
Why does the media not deem this newsworthy?
Links 13/04/2026: Impersonating ProPublica Reporter, More Attacks on the Press (Occupation With Little and No Compensation, Only High Risk)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 12, 2026
IRC logs for Sunday, April 12, 2026
Gemini Links 13/04/2026: Freiburg, GUIX, and Announcing Satellite Antenna (SA)
Links for the day
Links 12/04/2026: Climate, Conflict, and Change in Hungaristan
Links for the day
Gemini Links 12/04/2026: Passports, Science, and Lateral Thinking with Withered Technology
Links for the day
The Energy Crisis Will Likely Carry on and Kill the Slop Industry
To the slop charlatans, "this is the end, my friend..."
SLAPP Censorship - Part 44 Out of 200: Garrett and Graveley 'Copypasta' Sunday (Copy-Paste, Add One Word, Change 'T' to 't')
recycling text
EPO on Strike This Past Friday (All Major Sites), Massive Strike Continues Tomorrow
strikes have trebled, not trembled, compared to last month (in Munich)
Links 12/04/2026: SLAPPs Against Thai Journalists Who Expose High-Level Corruption, Maharlika (Philippines/Marcos) Threatens to Lawyer Up Against GAFAM to Demand Censorship of Critics
Links for the day
Racism and IBM
at IBM and Red Hat people who are hard-working and proficient are now being fired based on their ethnicity and nationality (or either)
When Cruelty is the Point (American SLAPPs in London, the United Kingdom, Europe)
Consider the following
Resistance to SLAPPs in the UK: Coalition Growing
thankfully awareness of SLAPPs in the UK is improving
Links 12/04/2026: Mass Rebellion Against Slop, UK Crackdown on Nudification by Slop
Links for the day
Gemini Links 12/04/2026: "Objective Truth" and Flutter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 11, 2026
IRC logs for Saturday, April 11, 2026
Red Hat: We Kill People, But Please Obey the CoC or We'll Banish You
From Red Hat's own site