04.09.18

Gemini version available ♊︎

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

Posted in Asia, Patents, Samsung at 2:22 am by Dr. Roy Schestowitz

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.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  2. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  3. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  4. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  5. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  6. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  7. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  8. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  9. Links 15/10/2021: 95% of Ransomware Targets Windows

    Links for the day



  10. IRC Proceedings: Thursday, October 14, 2021

    IRC logs for Thursday, October 14, 2021



  11. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection

    The EPO‘s presidency (led by Frenchmen for nearly 15 years out of the past 18 years; Benoît Battistelli and António Campinos are both French despite their somewhat misleading surnames) is extremely unlikely to even be mildly scrutinised by the French delegates because of a web of nepotism and protectionism



  12. [Meme] Another Maladministration Meeting Comes to an End

    Did the EPO‘s overseeing body properly tackle Benoît Battistelli‘s illegal acts, authorised by that very same overseeing body? Don’t hold your breath as António Campinos continues to crack down on staff (maybe ILOAT will rule on it in 2030)



  13. Links 14/10/2021: LibreOffice 7.2.2, Happy Birthday to Jolla, Ubuntu 21.10, Devuan GNU+Linux 4.0, OpenBSD 7.0

    Links for the day



  14. [Teaser] What Miguel de Icaza Really Thinks of the CEO of Microsoft GitHub

    Following the opening of a new series about Microsoft GitHub we drop a little teaser today; we expect dozens of parts to be released in the coming weeks/months as facts are being validated and organised



  15. Splitting the Time to Cover More Leaks and Exposés

    We take stock of Part 11 of the ongoing EPO series (“EPO’s Overseer/Overseen Collusion”) and explain what caused various delays yesterday; we may have to up our pace a little in order to keep up with an influx of leaks and whistleblowers



  16. [Meme] Destroying the Workplace

    The working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative CouncilThe working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative Council



  17. Microsoft GitHub Exposé — Part I — Inside a Den of Corruption and Misogynists

    Today we commence a new series that implicates Microsoft, GitHub, Copilot, and Team Mono



  18. EPO Management Tricks EPO Staff Into Taking More Paycuts

    “Education and childcare reform” [sic] is an António Campinos "reform" in the same sense regressive salary reductions are just “adjustments” (euphemism); Electronic opt-in gaffes, according to staff representatives, show that the tradition of Benoît Battistelli carries on at the Office, taking away from staff for a few corrupt officials to milk the institution to death



  19. Links 14/10/2021: Whisker Menu 2.6.1 and KDE's Birthday

    Links for the day



  20. Links 14/10/2021: DragonFly 6.0.1 Released and Red Hat Loses Another Top Executive

    Links for the day



  21. IRC Proceedings: Wednesday, October 13, 2021

    IRC logs for Wednesday, October 13, 2021



  22. Süddeutsche Zeitung Became a Propaganda Arm of EPO Management (and by Extension Software Patents/Patent Lobbyists)

    EPO ‘genius’ António Campinos enjoys shallow press coverage, which echoes or resembles Benoît Battistelli‘s corruption of the media (paid-for fluff)



  23. GNOME (and Debian) Infringe Human Rights by Shipping Parental Control Software (Internally Called “Malcontent”)

    Guest post by Ryan, reprinted with permission



  24. No, JWZ, Discord is Not “IRC With Pictures”

    Guest post by Ryan, reprinted with permission



  25. The EPO’s Overseer/Overseen Collusion — Part XI: “General Bock” - Battistelli's Swiss Apprentice?

    The António Campinos-led EPO won’t be subjected to real oversight by the Administrative Council, which ‘met’ (online) earlier today; so we look at who in the Administrative Council did what; today we wrap up the parts about Switzerland (third part of three)



  26. Links 13/10/2021: Sparky 2021.10 and New Archcraft

    Links for the day



  27. Links 13/10/2021: Firefox Keylogger on (By Default), GNOME Platform Design Discussed

    Links for the day



  28. [Meme] [Teaser] Swiss Alexandre Benallas

    The EPO‘s French dictator, Benoît ‘Vichy’ Battistelli, might be relieved to hear that his enabler in the adjacent Switzerland also enlisted armed bullies to keep the population down (the father of António Campinos might know a thing or two about those; it’s why he fled to France)



  29. IRC Proceedings: Tuesday, October 12, 2021

    IRC logs for Tuesday, October 12, 2021



  30. A Tale of Two KDE Distributions: Kubuntu 21.10 and Debian 11 GNU/Linux

    Guest post by Ryan, reprinted with permission


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts