Bonum Certa Men Certa

Tightening Patent Scope and Limiting 'Damages', Starting With the Obviously Ridiculous Cases

Rounded corners are not a novel concept

UK power socket



Summary: Patent battles over designs carry on in the US (hopefully to be abolished by the US Supreme Court some time soon) and the Singaporean High Court says it cannot revoke patents

EARLIER this month we wrote a couple of articles about design patents [1, 2]. Any design can already be covered using trademarks and copyrights, so patents are a misfit. The US Supreme Court might actually put an end to these.



"Any design can already be covered using trademarks and copyrights, so patents are a misfit. The US Supreme Court might actually put an end to these."Right now the high-profile case/s involving design patents would be Apple/Samsung. It's everywhere in the media. CCIA wrote about that yesterday, challenging the extraordinary 'damages' claimed by nonsensical things such as 'rounded corners'. From the conclusion:

The test proposed by the Solicitor General, as adapted by Judge Koh, just isn’t workable in practice. While it’s better than Apple’s test, which would have included the intent of the defendant as a factor (potentially resulting in different articles of manufacture for the same exact product depending on the defendant’s state of mind, an even worse problem than the defendant’s business practices), the Solicitor General’s test doesn’t provide sufficient ability to ascertain the correct article of manufacture from the face of the patent, relying instead on the defendant’s product and business practices.

The best solution would be to simply eliminate €§ 289, the statute that provides a special “total profits” remedy for infringement of design patents. The special rule €§ 289 represents was created when the most common remedy for infringement was a share of the infringer’s profits. These days, when the typical damages remedy for patent infringement is a reasonable royalty, there’s simply no need for €§ 289.


Judge Koh has been dealing with these cases for a long time. She has a lot of power in her hands. Will she or will she not tell Apple to go where the sun won't shine and apples don't grow?

"Judge Koh has been dealing with these cases for a long time. She has a lot of power in her hands."Curiously enough, yesterday an article was published regarding the Singaporean High Court dealing with questionable patents. Like the US Supreme Court, it probably ought to get rid of design patents (or guide future judgment of existing ones towards that), but in reality it seems to have put patents before human rights and whatever lawyers demand. Not reasonable.

Here is the summary:

A recent ruling made clear that Singapore’s High Court does not have original jurisdiction to hear patent revocation proceedings even if they are brought by a counterclaim in infringement proceedings. If the ruling stands, it would mean all revocation cases will have to be started at IPOS


IPOS is the Singaporean equivalent of the USPTO. Why would the High Court need to defer and consult the lowest level in the chain again?

"The US has, belatedly and contrariwise, gone in the opposite direction, recognising that it needs to work for scientists and technologies, not lawyers and prosecutors."As we argued on several occasions earlier this year, IPOS and Singapore in general (their effectively one-party state) have been trying to embolden patent aggressors rather than foster innovation. It's the same in China. The US has, belatedly and contrariwise, gone in the opposite direction, recognising that it needs to work for scientists and technologies, not lawyers and prosecutors.

Recent Techrights' Posts

An "Efficient Windows 11 Experience" is Removing a Text Editor (Less than 5 Megabytes in Size) and Adding Chatbots That Require a New PC/Datacentre
Vista 11 24H2 update removes WordPad
 
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Wife
In my view, it is a form of overt sexism
[Chart] Chromebooks in Micronesia Grew at the Expense of Microsoft Windows
As of today...
Linus Torvalds Mocked "Cloud Native" in His Latest Talk (Arguing It's Just Hype), 'Linux' Foundation 'Research' (Marketing) Chooses Proprietary Software to Query Its Adopters
The name "Linux" is overused, abused, even grossly misused
Links 29/05/2024: More Arrests of Regime Critics and Hate Crimes
Links for the day
Brittany Day (linuxsecurity.com) Now Leverages Microsoft Chatbots to Promote Microsoft Propaganda Disguised as "Linux"
What Brittany Day does is an attack both on the Web and on Linux
[Meme] Don't Trust Users to Boot Their Own PCs?
UEFI 'secure' boot
Links 29/05/2024: Hack The Box, Why I Left Healthcare, and Chatbots as Health Risk
Links for the day
Gemini Links 29/05/2024: BESM Retro Second Edition and Itanium Day
Links for the day
Azerbaijan: Microsoft Falls From 99.5% to Almost Nothing or Less Than 20% (Windows Down Sharply, GNU/Linux Surges)
Based on statSounter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 28, 2024
IRC logs for Tuesday, May 28, 2024
The Campaign to 'End' Richard Stallman - Part I - Two Canceled Talks in a Row?
RMS has left Europe, so the concept of "delayed" talk is facetious or deeply cynical
On Desktops/Laptops in Andorra Windows Fell to Less Than Half, 20% If One Counts Mobile as Well
And this is a European country
[Meme] 3 Years Later
If you're going to start a fight, make sure you can handle it
When You Leave a Bad Employer and Move on to Better Things
Perhaps my main mistake was not resigning from my job sooner
No, Your Site Likely Does Not Need WordPress
I was one of the first users of WordPress
GNU/Linux in Cameroon: Rising Steadily While Windows Falls From 99% to Just 6%
If one also counts mobile (mostly Android)
Monkey See, Monkey Share
on deprivation of users
From 0.17% to 10% or More (GNU/Linux in Dominica)
Dominica isn't well known, but it does seem to have embraced Chromebooks in recent years
Links 28/05/2024: Tensions in East Asia, UK Mandatory National Service
Links for the day
Gemini Links 28/05/2024: NetCrawl and Living in Lagrange
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Handed Over Its Web Site to Chatbots That Generate SEO Garbage
They need to be called out on it
statCounter Sees Microsoft Windows at Below 1% in American Samoa
Not even 1%!
Windows Down to 60% of Guam's Desktops/Laptops and Down to a Quarter Overall
No wonder Microsoft is panicking
Today in UEFI 'Secure' Boot Debates (the Frog is Already Boiling and Melting)
Over at LQ today
[Meme] A "Modern" Web's Message in a Bottle
So-called 'security'
Brittany Day: Still Chatbot Slinging, Producing Fake 'Articles' About "Linux"
random garbage produced (and censored) by Microsoft
Almost 4k Gemini Capsules, 5th Anniversary Only Weeks Away
The Web will continue to deteriorate
Microsoft: $1 Million a Day for Contempt of Court Orders (Justice Department)
Microsoft behaves as if it's 100% exempt from laws
Catbodia? In Cambodia, Microsoft's Windows Fell to All-Time Low of Less Than a Quarter.
Cambodia is leaving Microsoft behind
[Meme] Deadnaming
Guess who uses a name that was deprecated well over a decade ago?
[Meme] 'Secure' Boot in a Nutshell
Ask Microsoft if it is "safe" to boot Linux
New Press Report Explains Microsoft Severance and Quiet (Undisclosed) Layoffs
Some people will call this "loophole", whereas others will opine that it is outright illegal (but kept secret to circumvent scrutiny)
Global South is Android/Linux (Windows Era Has Come to an End Already)
I've decided to take a quick glance at South American trends for all operating systems
[Meme] Unified Patent Troll
Unified Patent Court remains illegal and unconstitutional
The European Patent Office is Sinking
Officials (or national delegates) at the European Patent Organisation have long been warned about this (by staff representatives from the European Patent Office), but they ignored the warnings
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Guest Writers (Intimidation)
Some high-profile people have told me that the serial defamer is a "monster" (their word), so why would Neil Brown wish to help him?
Summer in the Air
We have a good pace going on owing to health, positivity, inertia and good software tools
GNU/Linux Activity in Belize
From an economic point of view, Microsoft needn't worry about Belize, but when it comes to preserving the Windows monopoly/monoculture Belize matters
Links 28/05/2024: Back to MP3, NVIDIA Sued by Authors
Links for the day
Gemini Links 28/05/2024: Bad Beach and TLS
Links for the day
Microsoft Windows Fell From 100% to Just 7.5% in Sierra Leone
Based on statCounter
In Benin, Microsoft's Windows Fell Below 10%, GNU/Linux Surged to 6% or Higher on Desktops/Laptops
That's nearly 7% - a lot higher than the average in Africa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 27, 2024
IRC logs for Monday, May 27, 2024
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
[Meme] Elephant in the Asian Room
With ChromeOS included GNU/Linux is at 6% across Asia
GNU/Linux in Bangladesh Up From 0.5% to Over 4% (Windows Slid From 95% to 18%)
Bangladesh is one of the world's most densely-populated countries
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Several Webhosts (in Collaboration and Conjunction With Mentally-Ill Flunkies)
Every attempt to nuke the current hosting failed, but it's still worth noting
Links 27/05/2024: One Month Left for ICQ, More Openwashing Highlighted
Links for the day
Gemini Links 27/05/2024: Back to GNU/Linux, Librem 5 Assessed
Links for the day
StatCounter (or statCounter) Has Mostly Recovered From a Day's Downtime (Malfunction)
Some of the material we've published based on the statCounter datasets truly annoys Microsofters
Google: We Don't Have Source Diversity, But We Have Chatbot Spew in Place of Sources (and It's Not Even Accurate)
Search engines and news search never looked this bad...
[Meme] Security is Not a Failure to Boot (or Illusion of Security Due to 'Unknown' System)
Red Hat is largely responsible for this mess
What is Secure Boot?
Security means the user feels safe and secure - i.e. confident that the machine would continue to work following a reboot or a system upgrade (or kernel upgrade)
StatCounter (or statCounter) Has Been Broken for Nearly 24 Hours. Who Benefits? Microsoft.
StatCounter is broken right now and has been broken for nearly 24 hours already
Links 27/05/2024: Chatbots Generate Hateful Output, TPM Performance Scrutinised
Links for the day
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused