Bonum Certa Men Certa

Apple Discovers That Its Patent Disputes Are a Losing Battle Which Only Lawyers Win (Profit From)

Playing cardsRelated: In Apple/Samsung Patent Lawsuits Over Android/Linux, Only Patent Lawyers Are Winning (Again)

Summary: By pouring a lot of money and energy into the 'litigation card' Apple lost focus and it's also losing some key cases, as its patents are simply not strong enough

THE USPTO can grant however many patents it wants, but judges are under no obligation to honour these patents. As scholars recently noted, many patents are granted erroneously in order to inflate patent numbers (this became a problem at the EPO as well in recent years).

Yesterday we stumbled upon this new report from a reliable news site which said:

A federal judge handed a minor but significant legal defeat to Apple in its long-simmering patent dispute with Samsung on Thursday evening.

U.S. District Judge Lucy Koh agreed with Samsung that the South Korea smartphone manufacturer owes Apple about $6.4 million, but not the ongoing royalties to which Apple claimed it was entitled.

The order only settles a sliver of the overall patent fight, parts of which have climbed all the way to the U.S. Supreme Court.


This is about software patents and the award is without a shadow of a doubt exceeded by the legal bills; things become a lot more expensive when these cases reach the US Supreme Court -- something which may happen for design patents [1, 2]. As explained here yesterday, "patent experts [are] concerned about legal uncertainty surrounding design patent damages" in Apple v Samsung. Matt Levy, who used to write for CCIA, shows up again:

An Apple v. Samsung--far from the first, to put it that way--will be held in three months. The Engine panel discussion was not exactly a trial preview. The perspective was very high-level, including an outlook (by Matt Levy) as to what might happen after the trial. Mr. Levy believes the Federal Circuit will again take an exceedingly patentee-friendly position, and the Supreme Court will have to correct it again.

Nobody on the panel appeared to believe that the 19th-century unapportioned-disgorgement rule in 35 U.S.C. €§ 289 is appropriate with respect to today's multifaceted technology products. However, the focus of the panel wasn't on advocating new legislation, though the subject did come up. It was more about the high degree of uncertainty surrounding not just the Apple v. Samsung re-retrial but presenting an issue to the industry at large.

[...]

Mr. Duan explained that design patent litigation isn't nearly as widespread as software patent litigation, but depending on what happens in Apple v. Samsung and other design patent damages cases, design patents could give rise to many lawsuits by patent trolls in the not too distant future.

Without a doubt, industry groups are concerned about the lack of legal certainty. One of the questions from the audience (toward the end of the YouTube video) came from the Software & Information Industry Association (SIIA).


As we pointed out earlier this month, SIIA supports PTAB. The above people are interested in improved patent quality.

Recent Techrights' Posts

Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
 
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025