Bonum Certa Men Certa

Let's Hope That Apple v Samsung Puts an End to Design Patents Once and For All

Zach Snyder patent



Summary: Apple and Samsung are going to court again and again, much of the time just to bicker/argue about stupid design patents like rounded corners

EARLIER this month we wrote about design patents being somewhat of a sham. That's just patents creeping into a domain already properly covered by copyrights and trademarks (like computer programs already fully covered by copyright law).



We may never understand the minds of so-called 'IP' lawyers (they lump together trade secrets, patents, copyrights and trademarks), but one thing we understand is that they always pursue money for themselves. They even give bad advice to clients if that would potentially bring income (to the lawyers, not to the clients).

The media is currently full of reports (e.g. [1, 2, 3]) about the Samsung dispute with Apple -- a dispute which goes half a decade back. The case is going to a jury -- probably a jury that does not quite understand patents (they're usually told buzzwords like "property", "innovation", "stealing" and so on).

Florian Müller was among the first few to write about it (CBS had beaten him to it, but he has the original documents). To quote Müller: "If one thought it appropriate to label a company's in-house and outside counsel, collectively, a "Comeback Kid," the term would surely apply to Samsung's IP litigation group and Quinn Emanuel. Yesterday (Sunday), Judge Lucy Koh of the United States District Court for the Northern District of California determined that a new Apple v. Samsung trial on design patent damages, which Samsung had been fighting for in courts on both coasts of the United States since the 2012 verdict, is indeed going to happen."

"It appears @Apple v @Samsung will never end. Judge Koh says today-Sunday!-that there will be another damages trial," said this tweet which Müller had highlighted before he found and published the relevant documents.

What's worth noting here is that it's all about design patents and this case, if escalated high enough, can squash all design patents (similarly to Alice). To quote CBS:

Get ready for Apple v. Samsung round number... oh, forget it, we don't remember, either.

Apple and Samsung will head back to district court for yet another design patent infringement trial. Judge Lucy Koh, in an order signed Sunday, has ordered the two tech giants to meet again in a courtroom to determine how much Samsung owes Apple for infringing three patents.


We hope that this case will put an end to design patents once and for all. Both parties have very deep pockets and can afford an appeal to the Supreme Court.

Speaking of Samsung, there's this bunch of lawsuits coming from Japan. IAM said yesterday that "Hitachi unit Maxell Ltd filed five US patent suits this month following on the Huawei and ZTE campaigns it launched last year. The breadth of the companies and industries on the defendant side in this latest offensive suggest that a significant initiative is underway within the Japanese company to increase its licensee base and royalty earnings.

"Three of the new complaints (which I accessed using Lex Machina) target well-known companies in the mobile space. Suits against Blackberry, ASUSTeK Computer and Blu Products name a range of mobile, tablet and other devices accused of infringing patents which appear to be related to mobile phones and cameras.

"The other two defendants – Fandango Media and FOTV Media Networks – both operate online video streaming services. These suits involve patents directed to digital video recording and transmission."

What is it about dying companies that compels them to be so litigious? Such is the nature of patents. It's like an 'insurance' policy for when business runs dry and managers look for someone to blame (or sue).

Recent Techrights' Posts

Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
 
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day
Geminispace Growing at Pace of Over 10% Per Year
Contrary to what some pessimists try to claim
Linux Mint Forums Today: Disable 'Secure Boot', It Doesn't Improve Security, It's Just a Microsoft Obstacle to GNU/Linux Users
They also mention MOK
What Ruben Amorim and Stefano Maffulli Have in Common
Censors Wikipedia and Social Control Media
Microsoft Won't Cooperate in Trying to Tackle EPO Corruption (Microsoft Profits From This Corruption)
Use something like BigBlueButton, Jami, Ring, and Jitsi instead
Solved Less Than an Hour Ago: Trying to Escape Windows, 'Secure Boot' Gets in the Way
'Secure Boot' wasn't meant to even exist in the first place
Stefano Maffulli, Executive Director of the Open Source Initiative, Resigns or Gets Removed (We'll Continue Covering OSI Scandals)
A dozen mentions of "AI", not much about "Open Source"
Andy Has Just Nailed It (Regarding Complexity and Failure, a la UEFI)
The users no longer own or control what they buy
Compatibility Support Module (CSM) Versus GNU/Linux Simplicity
what Andy recently called "solutionism"
Links 15/09/2025: "Postal Traffic to US Down by Over 80%" and 'Smart' Spinozacampus Laundry Room Goes AWOL
Links for the day
Gemini Links 15/09/2025: Dungeon Hustle and Deleting Oneself From the Net
Links for the day
Breach of EPO's Duty of Care or Cigna Reimbursement Issues
This is the sort of thing that motivated Luigi Mangione to assassinate a CEO
Ask Ubuntu About "Secure Boot" Violation and Laptops That Don't Boot GNU/Linux
Does anyone still believe that "Secure Boot" has anything at all to do with security?
We Are Sad to Hear the Story of Jonathan Riddell, Champion of KDE and GNU/Linux on Desktops/Laptops
I have enormous respect for Jonathan and everything he has done
Talking About the Problem vs Talking to the Problem
Wanting an audience is never a good excuse for compromising one's values and principles
Focusing on Patents
The reason we cover the EPO so much is that it's close to home
"Secure Boot Violation": The 'Joys' of Fake Security Gone Wrong
Not everyone reboots every day
Links 15/09/2025: Russia Invades Romanian Airspace, Penske Media Sues Google Over LLM Slop
Links for the day
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025