Posted in Asia<\/a>, Patents<\/a>, Samsung<\/a> at 2:43 pm by Dr. Roy Schestowitz<\/p>\n \n Summary<\/b>: A quick look at some high-profile cases in which large Asian firms are embroiled; it seems clear that litigation activities have shifted eastwards (where actual production is done)<\/em><\/p>\n T<\/a>HE patent trolls are down for the count in the US. Litigation is down<\/a>, especially in their favourite venue<\/a> (where cases fell by more than half). This impacts not only trolls but any company which relies mostly\/only on litigation rather than production.<\/p>\n The media which cheers for patent trolls (usually funded by patent trolls too) has begun looking eastwards. Sometimes it\u2019s even moving eastwards and hiring there. They attempt to adapt in order to survive.<\/p>\n Watchtroll, as usual, tries to malign defendants; in this one post it claims that Samsung was \u2014 in the context of the Chinese legal system \u2014 \u201cMaliciously Delaying Negotiations\u201d<\/a>. We wrote about this earlier this month and did not see such an accusation. \u201cObservers believe a case in which Samsung was found to infringe Huawei\u2019s SEP patents is helpful in determining what is misconduct in FRAND negotiations and a sign the Chinese judicial system is resolving increasingly more complicated and new IP disputes,\u201d Karry Lai wrote<\/a> from Hong Kong (for Managing IP<\/em>). Well, FRAND itself can be viewed as a form of \u201cmisconduct\u201d or at least injustice. Perhaps Samsung has a legitimate explanation\/side\/role in this story. <\/p>\n Staying around Asia (although in US courts such as CAFC), in Taiwan we have HTC<\/a> coming under attack again<\/a> (from a rather obscure entity called Advanced Video Technologies). In the words of Patent Docs:<\/p>\n \nOne of the most important (if not the most important) inquiries in performing due diligence involving acquisition of a patent portfolio is ensuring that the entity asserting ownership of the patents actually has proper title (in what can be a complex chain, starting with the inventors). This is particularly true in view of the position taken by the Federal Circuit that even one inventor, who has not assigned her rights, can prevent the other inventors or their assignee from bringing suit as being an indispensible party, and that the Federal Rules of Civil Procedure do not permit that recalcitrant inventor from being involuntarily joined. The failure to make sure that the chain of title was intact led a district court to grant defendants\u2019 motion to dismiss, in Advanced Video Technologies LLC v HTC Corp., a decision the Federal Circuit affirmed last week.\n<\/p>\n<\/blockquote>\n All these sorts of \u2018nuisance\u2019 lawsuits have over time shifted to Asia, especially China and Singapore. As for Japan? Or Korea? They aren\u2019t quite as overzealous with their patent laws.<\/p>\n Further north (to Taiwan) and over in Japan, the main English-speaking media is adoring patents again<\/a>. In reality, it\u2019s their products (e.g. cars) and not their patents which make the Japanese prosper. But to IAM writers this misleading report is an adrenaline rush<\/a>. Several patent maximalists link to it and this one says: \u201cImpressive numbers, but usual caveat applies: most of these royalties are being paid from overseas subsidiaries to their parent companies in Japan, especially in the auto sector\u2026\u201d<\/p>\n IAM\u2019s Jacob Schindler said that and he also said that \u201cNintendo\u2019s first patent assertion in Japan sends rival\u2019s share price plummeting,\u201d reminding us of this lawsuit<\/a> which might end up destroying a small company (using patents alone). To quote:<\/p>\n \nOn January 10 2017, a Japanese mobile game company COLOPL announced that it got sued by Nintendo for patent infringement. Nintendo seeks JPY 4.4 billion (approximately $40 million) in damages and an injunction to stop operation of \u201cShiro Neko (White Cat) project\u201d which is COLOPL\u2019s most profitable smartphone game. Nintendo reportedly filed a lawsuit at Tokyo District Court on December 22 2017 after the negotiation for over a year since September 2016. This is the first time Nintendo has filed a patent infringement lawsuit in Japan. Nintendo alleges the COLOPL\u2019s game infringes on Nintendo\u2019s 5 patents relating to touch panel operation and other technologies.\n<\/p>\n<\/blockquote>\n We wrote about it last week<\/a>. It\u2019s not about software, but it puts in jeopardy a legitimate business. \u2588<\/a><\/p>\n \n \t\t\tPermalink<\/a> As patents pertaining to blockchains continue to be granted — even in defiance of Alice\/Section 101 — it seems likely that patent wars will sooner or later erupt, involving some large banks, IBM, and patent trolls associated with the notorious Erich Spangenberg<\/span><\/p>\n Worried by the prospect of mega-mergers and takeovers which would put far too much market power (and monopoly through patents) in one place, governments and corporations speak out<\/span><\/p>\n A quick look at some high-profile cases in which large Asian firms are embroiled; it seems clear that litigation activities have shifted eastwards (where actual production is done)<\/span><\/p>\n Docket Navigator and Lex Machina both show a significant decline in litigation — a trend which is likely to carry on now that TC Heartland is in tact (not for just half a year but a whole year) and PTAB completes another record year<\/span><\/p>\n Some new examples of tricks (and sometimes cheats) attempted by patent claimants and their representatives; it does not go as well as they hoped<\/span><\/p>\n RPX, whose top executives are leaving and business is gradually dying, might end up as another ‘asset’ of patent trolls<\/span><\/p>\n Beno\u00eet Battistelli wants a rubber-stamping operation (like INPI) rather than a functional patent office, but oppositions at the Office prove to be fruitful and many erroneously-granted patents are — by extrapolation — already being revoked (affecting, in retrospect, Battistelli’s so-called ‘results’)<\/span><\/p>\n Links for the day<\/span><\/p>\n The worrisome growth of European Patents (EPs) \u2014 a 40% jump in one year in spite of decline in the number of patent applications \u2014 is a symptom of the poor judgment, induced largely by bad policies that impede examiners\u2019 activities for the sake of so-called \u2018production\u2019; this week’s decision regarding CRISPR is another wake-up call and software patents too need to be abolished (as a whole), in lieu with the European Patent Convention (EPC)<\/span><\/p>\n As WesternGeco v ION Geophysical is the main if not sole \u2018major\u2019 patent case that the US Supreme Court will deal with, it seems safe to say that nothing substantial will change for patent scope in the United States this year<\/span><\/p>\n Links for the day<\/span><\/p>\n A review of Microsoft’s ugly tactics, which involve coercion and extortion (for businesses to move to Azure and\/or for OEMs to preload Microsoft software) while Microsoft-connected patent trolls help hide the “enforcement” element in this whole racket<\/span><\/p>\n The EPO’s race to the bottom of patent quality, combined with a “need for speed”, is a recipe for disaster (except for litigation firms, patent bullies, and patent trolls)<\/span><\/p>\n Even though there’s some decent coverage about yesterday’s decision (e.g. from The Scientist), the patent microcosm googlebombs the news with stuff that serves to distract from or distort the outcome<\/span><\/p>\n Links for the day<\/span><\/p>\n Broad spectacularly loses its key case, which may soon mean that any other patents on CRISPR too will be considered invalid<\/span><\/p>\n The attack on a technical judge who is accused of relaying information many people had already relayed anyway (it was gossip at the whole Organisation for years) carries on as he is again being pushed around, just as many people predicted<\/span><\/p>\n Patent maximalism at the EPO can be pushed aback slightly if the European appeal board decides to curtail CRISPR patents in a matter of days<\/span><\/p>\n Links for the day<\/span><\/p>\n The latest picks (reviewed cases) of the Supreme Court of the United States signal another year with little or no hope for the software patents lobby; PTAB too is expected to endure after a record-breaking year, in which it invalidated a lot of software patents that had been erroneously granted<\/span><\/p>\n The demise of various types of patent trolls, including publicly-traded trolls, is good news; but we take stock of the latest developments in order to better assess the remaining threat<\/span><\/p>\n At a loss for words over the loss of the Unitary Patent, Team UPC and Team Battistelli now blatantly lie and even get together with professional liars such as Watchtroll<\/span><\/p>\n Overzealous patent aggressors and patent trolls in China, in addition to an explosion in low-quality patents, may simply discourage companies from doing production\/manufacturing there<\/span><\/p>\n Microsoft revisits its aggressive patent strategy which it failed to properly implement 12 years ago with Novell; it wants to ‘collect’ a patent tax on GNU\/Linux and it uses patent trolls to make that easier<\/span><\/p>\n Today’s press coverage about the UPC reinforces the idea that the EPO saga, culminating in despicable attacks on Patrick Corcoran (a judge), may doom the UPC once and for all (unless one believes Team UPC)<\/span><\/p>\n The below-the-belt tactics of patent trolls and their allies show no signs of abatement and their tone reveals growing irritation and frustration (inability to sue and extort companies as easily as they used to)<\/span><\/p>\n There is no sign that software patents will be rendered worthwhile any time in the near future, but proponents of software patents don’t give up<\/span><\/p>\n The latest high-profile legal battles, spanning a growing number of nations and increasingly representing a political shift as well<\/span><\/p>\n A few bits and pieces of news from around the world, serving to highlight patent trends in parts of the world where the patent offices haven’t much international clout\/impact<\/span><\/p>\n Links for the day<\/span><\/p>\n Posted in Asia, Patents, Samsung at 2:43 pm by Dr. Roy Schestowitz Summary: A quick look at some high-profile cases in which large Asian firms are embroiled; it seems clear that litigation activities have shifted eastwards (where actual production is done) THE patent trolls are down for the count in the US. Litigation is down, … <\/p>\n![\"A](\"http:\/\/techrights.org\/wp-content\/uploads\/2018\/01\/percival-street-1450193.jpg\")
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