Bonum Certa Men Certa

Companies in the Red Resort to Patent Litigation Rather Than Creation

Coolpad
Reference: Coolpad



Summary: A little update about patent litigation involving Apple, Samsung, Huawei, Xiaomi and even the dying Coolpad

THE DEMISE of BlackBerry (like a hundred-fold decline in terms of revenue) has meant that it is being reduced -- however gradually -- into a patent troll. The company's patent activities are being noted in this new article, "What's Driving Our $11 Price Estimate For BlackBerry?"



But BlackBerry isn't alone because Apple follows its footsteps and so did Nokia. Florian Müller spent years keeping abreast of Apple and Samsung patent disputes and just before the weekend he covered the latest twist, citing that old judgment from the courts of the Northern District of California (in anticipation of another):

We're just days away from yet another Apple v. Samsung trial in the Northern District of California. IT's a re-retrial over damages, following a trial, a retrial, Samsung's successful appeal to the Supreme Court and various other procedural steps on the way back to where we are. By the way, the dispute started more than seven years ago (mid-April 2011).

Judge Koh's final jury instructions will inform the jury of the relevant factors for the article-of-manufacture determination. If the jury determines the relevant AoM is an entire smartphone, Apple gets a huge damages award. If the jury concludes the casing/screen is more reasonable, then the amount will be less extreme amount, but still a chunk of money.

[...]

"Determinative" is not part of everyday language, but it isn't too uncommon either. Reasonably educated people should figure out what it does mean and what it doesn't. Numerous other passages of the preliminary and final jury instructions contain words that jurors may misunderstand in similar ways as Apple fears.

The parties couldn't agree, so Judge Koh will have to decide. Technically, "not determinative" is simply accurate. In colloquial language, one could add a few words like "in their own right," though one could also argue that any additional words could create confusion, too.

Generally speaking, Judge Koh's proposed preliminary and final jury instructions combined don't really tell the jury much about how to make the article-of-manufacture determination. For an example, the amicus curiae brief filed by the Obama Administration with the Supreme Court contains additional helpful guidance that Judge Koh could, but apparently won't, provide to the jury.



There's an additional article about it: [via Müller]

The U.S. District Court for Northern California will be rehearing arguments next week in a major design patent case between the two tech giants Apple and Samsung. The case could very well be a turning point for the future of the tech industry. Major technology companies have largely weighed in on the side of Samsung as the industry worries about the long term impact of the case and its potential to empower a new breed of design patent trolls and encourage more litigation.

Apple Inc. launched a tense legal fight over whether some design features of its iPhone were infringed upon by Samsung devices. The dispute resulted in a longstanding legal dispute which eventually made its way to the U.S. Supreme Court. Apple argued that it could claim remedies equivalent to the total profits of an entire smartphone if even one design patent was found to infringe. This awarding of total profits came from a 19th century law written long before a multifunctional device as complex as a smartphone could be imagined.


Watchtroll, a site friendly to the litigation 'industry', has published "Apple v. Samsung Retrial: An Opportunity to Finally Clarify Design Patent Law" (there's no lack of clarify, they're just protesting the status quo, as usual).

Another site of patent maximalists took note of this lawsuit against Apple -- one that we covered last weekend and the week before that. "Apple has built its success on innovative products," it said. "It has sought to protect this innovation through patents and registered designs. Apple is no stranger to asserting its patents and designs against its competitors but it is also regularly on the receiving end of third parties asserting their patents."

Well, Apple isn't particularly innovative; it just tells this lie to itself and to its hardcore 'followers' (loyal clients), who perpetuate such myths. It's true that Apple uses patents on designs -- not mere trademarks -- to go after rivals, including Samsung. We spent years ranting about several such examples. There was nothing innovative about these designs; some were downright laughable -- something that a young child could easily some up with in a matter of minutes.

Earlier today Müller looked eastwards again and took note of patent lawsuits by China's government-connected giant (Huawei) versus Korea’s giant, which isn't so government-connected because South Korea is capitalist, not Communist. He spoke of what Huawei had done in the US using patents:

Procedurally, this is an appeal to the Federal Circuit, based on the rule that any case involving at least one patent infringement claim must be appealed to the Federal Circuit, which, however, applies the law of the regional circuit in question if an issue is not about patent law in a strict sense (infringement, validity etc.). So in this case, the Federal Circuit will act as if it were the Ninth Circuit--or at least it will try to.

[...]

As for political/diplomatic implications (also called "international comity"), it's actually a positive thing for Samsung in this case that it's not a U.S. company. In some other cases, such as Apple v. Samsung, it would benefit from it, but in this dispute with Huawei and in times of "trade war," it's a good thing that this is a dispute between foreign companies--and let's not forget that the Northern District of California was Huawei's venue choice when it brought its cross-jurisdictional complaints.


Earlier this year we said that China's patent policy would drive out companies not only from the US but also from Korea (LG for instance). There'a also a number of disputes among Chinese firms, so it causes domestic feuds (waste of commercial resources). The following is not the start of it, but it is the latest example where a company is trying to ban actual products of another company (Coolpad v Xiaomi):

After noticing intellectual property right violations three months ago, Coolpad notified Xiaomi and since the latter hasn’t yet taken any action, Coolpad has requested that eight Xiaomi devices be recalled from the market. In addition to that, the company also wants compensation for economic losses resulting from patent infringement.

Coolpad filed the lawsuit through Yulong Computer Technology, their subsidiary company, at the Shenzhen Intermediate People’s Court. One of the patents behind this controversy is related to software, being termed as ‘method for implementing call record interface system of multi-mode mobile communication terminal,’ as per MyDrivers. Other infringements relate to app icon management, notifications and the system’s user interface (UI).



Here is another report about that:

Coolpad has filed a lawsuit against Xiaomi regarding patent infringement. From a hint revealed by the company's CEO, it was thought that the lawsuit has been settled outside the court. But that's not the case. Coolpad has come up with an announcement that the lawsuit it filed against Xiaomi is before the Shenzhen Intermediate People's Court. Notably, the lawsuit has been filed by Yulong Computer Technology, its subsidiary.


At the top of this post we included a summary sheet of Coolpad because we are hoping to show the reason for such a dead-end strategy. If Coolpad cannot sell much anymore, then perhaps it's thinking of just taxing other company's products.

Recent Techrights' Posts

Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
 
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026