Bonum Certa Men Certa

Design/Software Patents Next on the Supreme Court's Agenda as Android/Linux Case Escalated to Highest Possible Level

Wasting valuable courts' time on some silly patents that are neither novel nor nontrivial (prior art below)

Gates



Summary: The US Supreme Court (SCOTUS) is going to deal with inane Apple patents that are being used in an effort to make billions of dollars ('Apple tax') out of a Linux-based operating system (Android) which competes against Apple's

TECHRIGHTS has among its primary goals the abolition of software patents and the success of FOSS, which is ascending in Europe these days. This would be beneficial to software developers and probably for the public as a whole. The losers? Probably patent lawyers and their biggest clients, who refer to their patent portfolio as a "war chest".



"We believe that real change can come from the courts, especially the high ones, which everyone must follow."We recognise that significant change hardly comes from politicians anymore, as they are nowadays funded (especially in the United States) by the aforementioned "biggest clients". We believe that real change can come from the courts, especially the high ones, which everyone must follow. Consider the long-awaited SCOTUS appeal regarding an Android case. Can SCOTUS bury so-called ‘design’ patents, which are essentially akin to software patents (usually a GUI with some buttons and unspecified callback functions for behaviour)? After Alice, which changed a lot, we sure hope so.

We have been covering Apple's attacks on Android/Linux since the very beginning (the Apple vs HTC case). It's still being dragged on, even several years after the death of Steve Jobs, which says a lot about Apple (they are still an aggressive patenting company). The expected decision on whether it shall be dealt with by SCOTUS was scheduled for Monday, after some people waited in vain on Friday. This has been covered to death in the media by now, so we won't bore our readers with yet more of the mundane pertinent details (we covered these before anyway, including the laughable patents at hand [1, 2]).

"It's still being dragged on, even several years after the death of Steve Jobs, which says a lot about Apple (they are still an aggressive patenting company)."To give just a short media survey/roundup, Spicy IP oddly enough chose to focus on another case. It said: "We’ve been given to believe that the Roche vs Cipla appeal came up at the Supreme Court today."

An article by Joe Mullin, on the other hand, noted: "Are design patents for "carpets and wall-papers and oil-cloths" or smartphones?"

Korean English-speaking media said the obvious, FOSS proponents like SJVN spread the news early on, and maybe hundreds if not thousands of media outlets wrote about this as well. To quote SJVN: "Years in the making, the Supreme Court has agreed to listen to Samsung's appeal of Apple's design patent awards. [...] At first it looked like Apple won its design patent wars over Samsung. As time went on, that "victory" started looking more like a defeat as Samsung won its appeals. Now, Apple is in even more trouble. The Supreme Court of the United States (SCOTUS) has elected to hear Samsung's appeal of the $548-million award lower courts gave Apple."

"The expected decision on whether it shall be dealt with by SCOTUS was scheduled for Monday, after some people waited in vain on Friday."To quote Florian Müller, who used to be a FOSS opponent (Microsoft/Horacio Gutierrez paid him for this) but later seemed to have flipped back to pro-FOSS, he wrote: "The Supreme Court of the United States has just published a decision it had already made on Friday (March 18): Samsung's December 2015 petition for writ of certiorari (request for Supreme Court review) in Apple's design patents case has been GRANTED with respect to question 2 (damages). As a result, the Apple v. Samsung damages re-retrial scheduled to begin later this month in the Northern District of California is almost certainly going to be postponed indefinitely, as Apple is seeking unapportioned infringer's profits on all five products still at issue and won't be entitled to that if Samsung prevails in the top U.S. court."

"For my take on why design patents were neglected for such a long (and crucial) time," wrote this person to Müller (whose expertise is this one particular case), linking to the paper about design patents. To quote part of the abstract: "This project, initially published as a two-part series of articles entitled 'Design and Deviance: Patent as Symbol, Rhetoric as Metric,' reveals the unrecognized power of gender and sexuality norms in the deep discourse of pivotal American case law on design patents."

"A re-retrial was scheduled to take place in California in a week," Müller wrote. "In light of the Supreme Court decision I'm sure Judge Koh will cancel it."

The reason we quote Müller so extensively about this particular case is that, with respect, he did follow this case for many years. He later added:



"Watch how some patent lawyers view things. It’s all about money to them (even a crude picture of dollars)."Here is an analysis by a Professor of Law (journalists tend to be clueless about these matters) and Patently-O's take from Jason Rantanen and Professor Crouch, who looks for some input through a survey.

Levy from CCIA (lobbying) wrote: "CCIA argued to the Court that this interpretation overreached in an unconstitutional way, and that the correct interpretation could be found by looking at a related statute, the Vessel Hull Design Protection Act." Rob Lever, a journalist, said that: "The US Supreme Court on Monday opened the door to reducing the hundreds of millions of dollars in damages owed by Samsung to Apple in the blockbuster patent case between the world's biggest smartphone makers."

"We look forward to following the case and hopefully we shall see Apple walking away with nothing."Watch how some patent lawyers view things. It's all about money to them (even a crude picture of dollars). To quote a part of it: "It is penny-wise and pound-foolish to scrimp on “preparation and prosecution” of patents—which if the invention is any good, will be infringed and attacked—and then to spend hundreds of millions on patent infringement and validity and damages litigation and appeals."

We look forward to following the case and hopefully we shall see Apple walking away with nothing. As usual, only the lawyers are guaranteed to win.

Recent Techrights' Posts

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day