Bonum Certa Men Certa

European Debate on Patents Should Borrow Lessons From Apple vs. Samsung

Bundestag



Summary: Updates on patents from Europe and some uses of the Apple vs. Samsung case to show why a US-style system is misguided at best if not truly destructive as a whole

CAFC was recently accused of legitimising software patents in the US, but who is behind the effort to bring these to the EU?



The "European Patent Office is not accountable to any democratic body in Europe," says Simon Phipps, citing Karsten from the FSFE. He writes:

Now that software patents are back on the table, it’s important to understand how the European patent system actually works. You need to know this in order to discuss the unitary patent and FSFE’s demands with the MEPs you call and ask for support.

The most surprising point is that the European patent system isn’t actually in any way related to the European Union. Instead, it is run by the European Patent Organisation (EPOrg). This is an entirely different organisation from the EU. It is governed by the European Patent Convention. The EU and the EPOrg are two separate supranational bodies. The EPOrg is not subject to decisions of the European Union or the European Court of Justice.

The EPOrg consists of two bodies: The European Patent Office (EPO) as an executive body, and the Administrative Council as a supervisory body. The Administrative Council exercises very little control, so that the EPO basically runs itself. While the EPO claims that it merely administers existing law, it has over the years, little by little, reinterpreted the limits of the European Patent Convention.



The EPO has been suppressing critical comments and the FSFE is not alone in criticising the EPO, which is run by beaurocrats and patent lawyers.

We recently found a lawyers' site trying to appear balanced while the patent lawyers lobby to storm the media and push for the loophole that facilitates a greater patent mess (i.e. business for lawyers) in Europe, especially after experts warn about this whole travesty. This is rather telling:

The AmeriKat urges readers to distribute these documents to your contacts in the media, government and industry. When the Max Planck Institute flexes their intellectual muscles and concludes that the unitary patent proposals have the potential to be worse than the current system, its time for politicians in Brussels and the Heads of State to listen.


There is more of this lobbying for the Unitary Patent in other patent lawyers' sites. Resistance to it uses the Apple case as a cautionary tale:

For a couple of years, patents have hit the headlines with companies struggling to buy out portfolios of bankrupted competitors, with more and more ridiculous obvious patents granted by patent offices, or with “trials of the century” going on and on. This inflation of concerns around patents has culminated on August 24th, 2012, with Samsung being found liable for infringing some of Apple's mobile patents by a Californian jury. This over one billion dollars fine has given concrete expression to Steve Jobs' testimony, as laid down in his posthumous biography: “I’m going to destroy Android, because it’s a stolen product, I’m willing to go thermonuclear war on this.”


The New York Times article indicates that Apple said they spent millions to develop the slide to unlock. This is nonsense. It was invented millennia earlier. There is friction even within Apple:

Soon after, Apple and Google stopped returning phone calls. The company behind Siri switched its partnership from Phillips to Ricci’s firm. And the millions of dollars Phillips had set aside for research and development were redirected to lawyers and court fees.

When the first lawsuit went to trial last year, Phillips won. In the companies’ only courtroom faceoff, a jury ruled that Phillips had not infringed on a broad voice recognition patent owned by Ricci’s company.

But it was too late. The suit had cost $3 million, and the financial damage was done. In December, Phillips agreed to sell his company to Ricci.


Apple and Microsoft continue to arm themselves with Android- and user-hostile patents [1, 2] as the trial of most importance carries on:

The Apple v. Samsung battle is being fought just as hard after the trial as before it and during it. Maybe harder. If you've ever wondered how it would look if your lawyer really fought hard for you, this is how. Both sides are doing everything they can think of for their client, but particularly Samsung. It's quite a sight, I must say.


This whole charade, from both sides in fact, has only helped show how patents hold innovation back.

Recent Techrights' Posts

Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Sharing Code and Recipes
It helps explain the triviality of software freedom
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
"We Might Save Somebody's Life"
I follow the example of my father
 
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day