Bonum Certa Men Certa

In Just a Few Years China Became the Eastern District of Texas

That's only acceptable for those who have very deep pockets and many patents (Foxconn has about 80,000)

Foxconn



Summary: The patent creep in China, or the emergence of patent maximalism in the wake of trade war fears, means that operating in China has become very hard both for domestic firms that aren't already well-established giants (with connections to the Communist Party) and for foreign firms

According to Megan Rourke and Eric Podlogar, the biggest "patent portfolio stakes" in the US are no longer IBM's but Samsung's. We don't know how they measured this (there's a paywall), but we heard similar things elsewhere (earlier this year). The numbers shared by the USPTO do not agree. Samsung, as is widely known, is not aggressive with patents. It's usually reactionary or defensive, i.e. if will sue back if sued by somebody else first. Several years ago Samsung was 'top' of EPO, but that is no longer the case (even LG, the other Korean giant, outpaces it in the latest annual report).



"Samsung, as is widely known, is not aggressive with patents. It's usually reactionary or defensive, i.e. if will sue back if sued by somebody else first."The other day we saw Docket Navigator bringing up Imperium IP Holdings (Cayman), Ltd. v Samsung Electronics Co., Ltd. et al.

Patent trolls that are apparently based in the Cayman Islands go to the Eastern District of Texas (TXED/EDTX) to blackmail companies using patents and guess what Texan judges are saying:

The court granted plaintiff's motion for over $7 million in attorney fees under 35 U.S.C. €§ 285 and rejected defendants' argument that the fees should be reduced by 33% on the ground that one of the patents-in-suit was found to be invalid as obvious because the hours billed were inextricably intertwined.


So Samsung is now being 'burned' in the US in the same way that it already got 'burned' in China. IAM recalls: "Between May and October 2016, Huawei and Samsung filed a total of 42 patent infringement complaints against each other in China (each asserted patent gets its own separate case there). Another separate case deals with “rate-setting and royalty payment” issues. In all Huawei asserted 20 patents against Samsung – 13 standard-essential patents (SEPs) and seven non-SEPs. Samsung responded by asserting 22 patents against Huawei – 14 SEPs and eight non-SEPs."

"Patent trolls that are apparently based in the Cayman Islands go to the Eastern District of Texas (TXED/EDTX) to blackmail companies using patents..."In many ways, China has become the 'new' Eastern District of Texas. Patent trolls enjoy phenomenal growth in China and that's an issue which bothers everyone, except the likes of IAM, which is a lobbyist for patent trolls. Here is what it wrote some days ago about the gigantic Hon Hai Group (1.3 million members of staff as of 2015, according to Wikipedia):

Last week, this blog reported that litigation activity is heating up in China’s hyper-competitive display industry. Among the signs: Foxconn panel unit Innolux filed 17 patent suits against mainland competitor HKC in February. A look at USPTO assignment records shows that HKC probably saw the writing on the wall, and is moving quickly to shore up a relatively light patent position. The Hon Hai Group, of which Innolux is a part, is one of the world’s biggest patent owners (PatSnap estimates its holdings at around 80,000 rights globally).


Mind these ridiculous numbers. 1.3 million members of staff notwithstanding, there's a similar number of patent filings in China per year. The scale is insane.

"China's attitude towards patents is problematic because it also harms small Chinese companies and drives away foreign investors."China's patent maximalism continues to fascinate if not excite IAM. Here's another article IAM has just published about China ("How do foreign parties really fare in Chinese patent litigation?"), noting a few days ago that China also embraced SEP-based injunctions (embargoes against rivals that merely follow industry standards). To quote:

The Beijing Higher Court has handed down its long-awaited decision in what is thought to be China’s first-ever SEP injunction case. In IWNCOMM v Sony, the second instance tribunal rejected the Japanese company’s appeal against the decision of the Beijing IP Court back in March 2017, which saw the award of 9.2 million RMB ($1.3 million) in damages to the Chinese company, and the imposition of an injunction against Sony to halt manufacture and sale of 35 mobile devices.


So Sony (Japan) is another example of a foreign company being screwed by China's patent maximalism. It's not just Korean companies like Samsung and LG, which left the Chinese market due to all that litigation. China's attitude towards patents is problematic because it also harms small Chinese companies and drives away foreign investors. Who benefits? Law firms and massive corporations that are connected to the government.

Recent Techrights' Posts

How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
 
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025