Bonum Certa Men Certa

Patents Roundup: Software Patents After Alice, Apple and Samsung, Jawbone and Fitbit

New Bilski Blog chart
Credit: Bilski Blog



Summary: A bunch of stories of interest regarding the USPTO, which is the world's most dominant patent office

THIS is the latest update regarding the US patent system, which increasingly shows some positive signs (getting tougher on software patents) but still facilitates a lot of avoidable aggression, and not just by patent trolls.

AliceStorm Versus Software Patents



"The US patent system (or Congress) needs to reconsider whether software patents should be issued at all."Bilski Blog calls/dubs "AliceStorm" the phenomenon of patent squashing after Alice (2014). A lot of these are software patents, which are abstract. Looking at some of the latest posts about this [1, 2, 3] (the last one was cited here before), we now have the chart at the top. It shows that most of the time, by a large margin, Alice successfully buries software patents. The USPTO needs to heed the warning from courts (not just the Supreme Court but dozens more). The US patent system (or Congress) needs to reconsider whether software patents should be issued at all.

Apple and Samsung



Apple started attacking Samsung several years ago because Apple cannot compete based on merit. Apple wants to make Android more expensive and also Apple's cash cow. That is similar to what Microsoft has been doing. "Samsung and Apple Were Top Targets for Patent Suits in 2015" says a new headline from Fortune, noting:

The country’s two most popular phone makers, Apple AAPL and Samsung, are still getting smacked by dozens of lawsuits from so-called “patent trolls,” which are shell companies that make no products.

Meanwhile, a single district in Texas, which the late Justice Antonin Scalia once branded a “renegade jurisdiction,” continues to occupy an outsize role in this ongoing patent pileup.

Those are two of the most notable takeaways that can be found in a new report on U.S. patent trends in 2015. Published by patent analytics firm Lex Machina, the report adds new grist to a debate over U.S. innovation policy at a time when patent reform in Congress has foundered once again.


"With Alice still fresh in people's mind (although apparently forgotten by some Justices, based on newly-circulated rumours), Apple is likely to lose.""Blame Texas for the latest patent pile-up falling on Apple and Samsung," says this person, cited by Florian Müller who added this Friday watchlist alert. Müller wrote: "Earlier this month (on Friday, March 4), the Supreme Court of the United States already had Samsung's December 2015 petition for writ of certiorari (request for Supreme Court review) in Apple's design patents case on its agenda. It's nothing unusual for a case to be relisted, and it happened in this case. There was no weekly conference last Friday, so this cert petition will be discussed this week, and we'll know the decision (unless there's another relisting) on Monday morning."

It is possible that SCOTUS will deal with at least one case that Apple brought against Samsung. With Alice still fresh in people's mind (although apparently forgotten by some Justices, based on newly-circulated rumours), Apple is likely to lose.

Jawbone and Fitbit



Involving some more design and software patents, the Jawbone and Fitbit story was covered here several times in the past. Here is the latest on that: "For nearly a year Jawbone and Fitbit have been in the courts and Jawbone just threw down new allegations. In a motion to amend the original filing, Jawbone wants to add a new defendant to the case that formerly worked at Jawbone but defected to Fitbit, bringing a host of confidential information along with her. Jawbone also now contends that this person, along with previously named defendants, lied under oath that they had returned all confidential Jawbone information prior to leaving the company."

"Nobody wins except the lawyers. These cases drag on for ages."There is a lot more coverage about it this week [1, 2, 3, 4, 5, 6] and it comes to show just what a sordid mess patent wars have become. Nobody wins except the lawyers. These cases drag on for ages.

Miscellany



A new article by Dennis Crouch says about a particular low-profile case that: "The original panel found that the sale constituted an invalidating on-sale bar. Of interest here, the “sale” was Ben Venue’s “sale of services” to manufacture the patented product-by-process rather than sales of the product themselves. The original panel found no principled distinction between these concepts – thus applying the on sale bar. Because the ‘sales’ at issue were associated with MedCo’s ‘validation batches,’ the patentee has also now argued experimental use."

"If patents are about common good rather than protectionism for a few, then China should follow the will of its people, not of its patent lawyers (whose clients are often foreign)."Notice how far patents can go; even “sale of services”, not just manufacturing or sale of manufactured goods. How far can this go? Western patents, as this article from MIP suggests, can also be imposed on manufacturing giants/superpowers such as China. Why would China even entertain this? It's not in the interests of China, that's for sure, as most companies already manufacture everything in China. They hardly have a choice. "In determining the scope of patent protection in China," MIP wrote, "the question of support for the claims has come into focus, particularly for bio-medical inventions. Wenhui Zhang and Stephen Zou review some recent decisions" (from China).

As we noted in relation to India the other day, patents on medicine are in no way beneficial to the interests of a large population such as China's. If patents are about common good rather than protectionism for a few, then China should follow the will of its people, not of its patent lawyers (whose clients are often foreign).

Recent Techrights' Posts

How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
 
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back