Bonum Certa Men Certa

The US Supreme Court (SCOTUS) Lets Apple Have Its Way and Refuses to Reassess Design and Software Patents

If Apple had a monopoly on apples, it would strive to 'own' peaches, too

Some peaces



Summary: In another ongoing case implicating Samsung and Apple the Justices who inadvertently lay the ground for patent law refuse to intervene

Samsung and Apple have several concurrent legal disputes which can wind up with SCOTUS eliminating entire families of patents. As it turns out, however, this case just wasn't to be. SCOTUS refuses to deal with this case which is involving design patents. There was a good aspect to it in 2014 (software patents), namely that of perpetuating Alice rather than overriding it in any way. As The Register's Andrew Silver put it yesterday evening:



Samsung seems to have trouble accepting reality when it comes to a long-running patent spat with Apple.

The US Supreme Court today declined to hear another appeal of a May 2014 verdict awarding Apple $119.6m for Samsung's alleged infringement of software patents including "quick links", Reuters reports.

An eight-person jury first sided with Apple in May 2014.

[...]

Samsung decided to take its case to the Supreme Court, arguing that there were procedural issues. Evidently the justices disagree.


Ars Technica's Mullin has already covered this too, recalling that patents on "smartphone autocorrect and "slide to unlock" were invalid in light of prior art."

But this one is about design patents, not software patents. And the focus is the level of 'damages':

News today concerns the second verdict. In 2016, the $120 million verdict was thrown out entirely by a panel of judges on the US Court of Appeals for the Federal Circuit, which hears all patent appeals. The judges said that patents on Apple features like smartphone autocorrect and "slide to unlock" were invalid in light of prior art.

[...]

The infringed patents in this case include US Patent Nos. 8,046,721 (slide-to-unlock), 8,074,172 (word correction), and 5,946,647 (quick links). The '647 "quick links" patent, which describes a process for turning structures such as addresses and phone numbers into easily clickable links, accounted for nearly $100 million of the damages award.

[...]

As for that first verdict, it has gone up and down through appeals courts many times, significantly lowering the damages figure in the process. Right now, it's getting lined up for another jury trial to reconsider $399 million in damages. The US Supreme Court said that the method used to calculate damages on design patents, the biggest part of the verdict, was improper.


This case does not concern software directly; still, we were hoping that design patents too would be challenged. These patents are an overkill when copyright and trademark laws already cover designs to a certain -- and likely sufficient -- degree. ⬆

Recent Techrights' Posts

When Short is Way Too Short (Superficiality, Lowering of Entropy)
Demonstrating how truly worthless social control media was all along
NVIDIA's Crisis Has Only Just began
NVIDIA Corp (NASDAQ: NVDA) is set to open in the red tomorrow
IBM Has Destroyed Red Hat and Hashicorp, Insiders Say It's the Usual From IBM:
Bluewashing is a death wave
Techrights Was Right About Slop Destroying Development Communities and Projects
Slop does not improve your project. It kills the community. Without community, what is left? A 'botfarm'?
Intercontinental Brigading - Part XXXXXI - Harassment Law and "Things Are Unfairly Asymmetric" (Exploring the Boundaries of Death Threats and Various Threats From America)
the sort of "technofascism" that our country must learn to confront rather than facilitate
 
Cusp of Collapse
NVIDIA Corp (NASDAQ: NVDA) is set to open in the red tomorrow
Getting Fed Up Not Only With Microsoft But Also Windows
This morning we wrote about North America
Layoffs and Silent Layoffs (e.g. PIPs) as a "Break" From IBM
If the press doesn't report it, then it never happened, right?
Microsoft XBox at 25 and All-Time Low
XBox will be "officially" dead (not the brand) when sales fall below some threshold and then production is halted, sort of like Apple's Vision Pro
Links 15/11/2026: Microsoft Already Emitting Chaff to Distract From Its Catastrophe, Jensen Huang Deemed Just 'Fall Guy' Amid Collapse of the Pyramid Scheme
Links for the day
Gemini Links 15/11/2026: CD Players Live on and Self-Hosting from Home Fallacy
Links for the day
Techrights Hates Slop Bots
They benefit nobody
The Economy is Fine! (If Only for China!)
The future is slop! If not, then it's China's fault! It's "sabotaging" the "Western hey hi" in this "hey hi arms race!"
"IT" as "Musical Chairs" (on the Deck of The Titanic)
Each generation will get worse for "IT"
Salesforce in Trouble, Debt Nearly Quadrupled in 9 Months
Salesforce is perishing in a deep pool of debt
"Microsoft is Next IBM"
The words of a Microsoft insider and responses to that
IRC is Decentralised
Bye, Microsoft Teams/Skype
Links 15/11/2026: Murdoch's "WSJ Buries Stephen Miller's Racism" and "America Has Entered a New Age of Propaganda"
Links for the day
In the UK, GNU/Linux Usage Soared During Microsoft Downtime
since the massive outage GNU/Linux usage soared to over 10%
Google Slop About Richard Stallman Shows Stallman Was Right, LLMs are BS Generators
Google slop is the "new Google"
Spouse of Garrett Needs to Get "Several Firearms" to Feel Safe Amid Divorce (Garrett Has a "Girlfriend" Now)
Seems like Isis and my wife have a lot in common when it comes to Garrett
Vista 11 is Small
Can Microsoft survive the fall of Windows?
Six Richard Stallman and FSF Talks This Month (FSF Staff at Ohio State University)
Dr. Stallman's talks in Ecuador are well timed because of the collapse of the LLMs (slop) pyramid scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 14, 2026
IRC logs for Saturday, November 14, 2026
Gemini Links 15/11/2026: "The Bastards Can Never Win" and "The Last Low-Tech Generation"
Links for the day
Links 14/11/2026: Wuhan Corruption and "Aid Isn’t Reaching Ebola’s Epicenter"
Links for the day
Rahul Kumar Has Turned tecadmin.net Into a Slopfarm That Promotes Slop and Microsoft (as Usual)
Slop promoting slop - a death knell of once-active "Linux" sites
Large-Scale Layoffs - Not Just PIPs - at Red Hat and IBM This Month
Mainstream media has quit covering mass layoffs
Links 14/11/2026: "The Claude Delusion" and "The Microsoft Outage is a Warning for the World"
Links for the day
Ethics in Perspective, Free Software and Morality
top clients of Jeffrey Epstein are one happy family
Richard Stallman (RMS) at Universidad Central del Ecuador (Guayaquil), Cuenca, Campus Sur Universidad Politecnica Salesiana (Quito), and Ohio State University
Long live the message and mission of RMS
They Paid Workers in 'Shares' (That Lost Almost Half Their Value in One Month)
Welcome back 1999 or 2007
The Register MS Made Millions of Pounds by Participating in the Slop Hype Campaign (It's Still Doing It), Now It Admits That It's Just a Bubble
the slop frenzy played a role in the Microsoft meltdown
Intercontinental Brigading - Part XXXXX - Pyramid Schemes (Planned Plunder) and Canceled/Botched Surgeries Aren't "Funny", They Cause Serious Harm and Distress
We were right about Microsoft
Links 14/11/2026: "OpenAI Is Sustaining Enormous Losses" and Slop "Loses the Popular Vote"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026