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

Slop Ruins Development and Reverse Engineering, It Rewards Retarded "Slop Kiddies" (to Quote Andy ‘TheFlow0’ Nguyen)
Slop is just a fatal cancer that kills the body, then dies with the body it killed
 
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026
Gemini Links 18/09/2026: Setting Goals, Tiredness, and Admissions From LLM Purveyors It Was All Along About Building Plagiarism Engines Sold as "Intelligence"
Links for the day
Links 18/09/2026: Microsoft Boasted Slop is Just Copyright Infringement/Plagiarism, Floods in Europe
Links for the day
Internet Relay Chat (IRC) and Mailing Lists Are Still Better Than Discord, Slack, and Discourse
Discourse is "open" "bossware"
Links 18/09/2026: Disgust Over LLMs and Why "Agents" (Bots) Are Nothing More Than "Spam"
Links for the day
Software Freedom Day is Tomorrow
events coming
Illegal and Unconstitutional Tribunal That SLAPPs Critics Does the Illegal and Unconstitutional: It "Rubberstamps Software Patents"
This is not a legal system. This is mafia.
Privilege in 'Linux' Foundation (Double Standards) and What the FSF Should Avoid Doing
If RMS can talk about politics, others too should be able to talk about politics
Seems Like Many Microsoft Layoffs Are Going On Right Now (Forever Layoffs)
Like IBM, Microsoft hopes shareholders will not know of morale and financial problems
More Threats From the Person of Restricted Boot Infamy
Remember this is the man who is the principal purveyor of restricted boot and who landed restricted boot in Linux
Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day
Links 17/09/2026: Studio Closures and Negative Rumours About Microsoft XBox Again
Links for the day
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
43rd Anniversary of the GNU Project Announcement
Coming soon
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026