12.15.15
Samsung Turns to SCOTUS (Killer of Many Software Patents) to Annul Mega-fine Induced by Apple’s Patent Aggression
The Koreans believe that a US court might actually rule against an influential US company
Summary: Remarks about Apple’s relentless attacks on Free/Open Source software (FOSS), using dubious software patents and patents on vague/generic ‘designs’ that probably never ought to have been granted in the first place
THE USPTO-granted patents, especially after the SCOTUS ruling on Alice, are a lot more limited, primarily but not only when it comes to software. Does it mean that SCOTUS can offer redemption to Samsung, and by extension to Android? Well, only if the Apple-connected government actually allows the case to proceed to SCOTUS, which we very highly doubt (see Oracle v. Android [sic] with the government’s now-infamous denial [1, 2, 3]). SCOTUS should really be dealing with important human rights issues and landmark decisions pertaining to civil liberties, not Apple fanatics who almost religiously believe that Apple invented everything (even when the necro-worshiped leader publicly admits "stealing" ideas but still acts like a spoiled brat [1, 2]).
“Samsung may need to waste a lot of money on lawyers and also pursue rather silly patents because Apple is aggressive and is constantly attacking whoever sells the best of Android.”Nevertheless, as we have demonstrated here for a number of years, Apple was stockpiling a lot of software patents after it had struggled with the rise of Android, which is of course based on Linux and is Free/Open Source software (FOSS). Apple attacked Samsung after it had viciously attacked HTC (with a far smaller patent portfolio, hence an easier target). Samsung must now tread more carefully or at least wisely. It needs to be smart, not just pursuing justice at all costs (which can be enormous costs, as has been proven to be the case thus far), so “Samsung is on track to unseat IBM as the number one company when it comes to winning U.S. utility patents,” according to this new article. Another new article, titled “Apple Stealing the Show with New Patents”, says: “As we know Apple frequently steals the show with marvelous patents that it files with the passage of time prior to its new offerings. The number of patents under Apple’s belt is so exceptional and that is why Apple has been appreciated by millions across the globe. The new feather in Apple’s cap is the awe-inspiring patent that the company has filed with the Patent and Trademark Office.”
Samsung may need to waste a lot of money on lawyers and also pursue rather silly patents because Apple is aggressive and is constantly attacking whoever sells the best of Android. All these fees are passed down the customers; phones become more expensive and sometimes, despite market demand and free code already being available (FOSS), key features are removed for fear of litigation. Cui bono? That’s why we even called for a boycott of Apple nearly half a decade ago. It was all to do with patents and these shameless attacks on FOSS. Does Apple even have the humility to claim to be some kind of “Open Source” leader? What ever happened to dignity and adherence to truth? Brand worship won’t last forever if Apple is launching an assault on truth itself.
“Does Apple even have the humility to claim to be some kind of “Open Source” leader?”Anyway, the massive news last night was the latest important move from Samsung. it was covered bty the Wall Street (actually News Corp.) Journal and many other sites, in articles such as:
- Samsung asks Supreme Court to jettison $399M judgment
- Samsung appeals Apple patent ‘windfall’ ruling to U.S. Supreme Court
- Samsung makes last-chance appeal to Supreme Court on Apple verdict
- Samsung Asks Supreme Court to Take Up Apple Patent Infringement Case
- Samsung asks Supreme Court to throw out $399M judgment
- Samsung wants Apple fight to reach Supreme Court
- Samsung takes Apple patent battle to US Supreme Court
- Samsung files US Supreme Court appeal related to Apple legal battle
- Tech giant patent wars heading for Supreme Court: Samsung appeals patent ruling in Apple and iPhone’s favour over smartphone design
- Samsung officially takes the Apple Patent case to the Supreme Court
- Samsung takes patent war with Apple to Supreme Court
- Samsung Electronics Co. v. Apple Inc., No 15-___ (design patent scope and damages calculation)(New Petition)
- Should Apple Receive All of Samsung’s Phone Profits Because of a Patent?
- Should Apple Receive All of Samsung’s Phone Profits Because of a Patent?
- Samsung appeals $548M Apple patent verdict to the U.S. Supreme Court
- Samsung Appeals to U.S. Supreme Court in Last Effort to Avoid $548 Million Apple Payment
- Samsung asks Supreme Court to throw out $399M judgment
- Samsung Asks Supreme Court To Re-Evaluate Patent Approach
- Samsung trying to avoid $548 million payout to Apple in last attempt to appeal the U.S. Supreme Court
- Samsung is taking its patent fight with Apple to the Supreme Court
- Samsung Asks Supreme Court to Hear Apple Patent Appeal
- Samsung Asks Supreme Court to Take Up Its Apple Patent Case
- Samsung Appeals Apple Patent Infringement Case to the United States Supreme Court
- Apple v. Samsung: petition for Supreme Court to take first look at design patent case in 122 years
There are many more articles about this. Is this what ‘innovation’ is supposed to look like? It looks more like protectionism, for those who are affluent and infinitely greedy. What ever happened to the myths of patents as protectors of the ‘little guy’? Well, these were just myths intended to help ‘sell’ an unjust system to the wider public, ensuring consent that is based on misapprehension, misconceptions, and misinterpretations.
Rajesh Vallabh of Foley Hoag (patent lawyers, i.e. those who profit from patents at the expense of everyone else) now gives advice to startups regarding patents. We’re rather appalled that he can write this with a straight face; it was published only in a journal of patent lawyers (for the most part) and it says things like “Patents can be vitally important for protecting the innovations of a start-up company” (and he sounds like he’s actually serious).
Start-ups are massively overwhelmed by trolls (see what happens in the US these days) and also crushed by companies with far more patents, even broader ones. Empirical evidence serves to suggest that the real benefactors in today’s largest patent systems are companies such as Apple. These systems are used for monopolisation, occupation, etc.
“Empirical evidence serves to suggest that the real benefactors in today’s largest patent systems are companies such as Apple.”Nowadays, considering how the patent systems have devolved, patents primarily exist to benefit large multinationals. Just see how the EPO already works primarily for large multinationals and even discriminates in their favour. Those who point this out (hi!) are threatened with lawsuits. Saying this and providing evidence of this thus becomes the unsayable. █
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