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Appile's patent trolling payout decimated with 1920 court case
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Jun 12, 2016, 5:09:17 PM6/12/16
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Appile's patent trolling payout decimated with 1920 court case
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http://www.siliconbeat.com/2016/06/10/feds-ask-u-s-supreme-court-void-order-samsung-pay-apple-400-million/
The patent trolls days are getting numbered rapidly because the
payouts are not going to be anywhere near what they expected
due to a 1920 court case.
Basically a refrigerator sold in 1920 violated a patent for a latch.
It was ruled then that only the latch component had infringed the
patent, not the whole fridge, and therefore any payout had to be
on the number of latches sold, and not the entire value of the
refrigerator.
Zoom past decades and appile's crappile case was that Samsung was
liable for the entire phone despite it only having rounded corners
(which Samsung had invented long time BEFORE Appile had ever designed
but which got disallowed by a judge on the take claiming it was
not shown to the court despite it having been publicly available
to the court and to everyone else before the case started).
That whole idea is toast.
Samsung only liable for the value of the part that may have infringed.
So the whole idea of patent trolling is now laid to waste.
1. You have to prove infringement
2. You will only get royalties on the value of the component as payment.
So in Samsung's case, the $400 million could get cut to $4000 if
each infringing item cost only $0.001 to make.
Microshaft's $10 billion android troll revenue could soon be toast
and so too any of appile's patent troll revenue.
There are tons of software components and hardware components in a phone
and tablet and at best all of that in royalties would not fetch more
than 2% of the factory price of the phone or tablet.
So this entire patent trolling revenue stream for microshit and appile shiite
is dead in the water due to a 1920 case which has been used many
times since then to settle awards.
The *fscking* judge has been blasted right royally for ignoring case law.
--------------------------------------------------------------
http://www.siliconbeat.com/2016/06/10/feds-ask-u-s-supreme-court-void-order-samsung-pay-apple-400-million/
The patent trolls days are getting numbered rapidly because the
payouts are not going to be anywhere near what they expected
due to a 1920 court case.
Basically a refrigerator sold in 1920 violated a patent for a latch.
It was ruled then that only the latch component had infringed the
patent, not the whole fridge, and therefore any payout had to be
on the number of latches sold, and not the entire value of the
refrigerator.
Zoom past decades and appile's crappile case was that Samsung was
liable for the entire phone despite it only having rounded corners
(which Samsung had invented long time BEFORE Appile had ever designed
but which got disallowed by a judge on the take claiming it was
not shown to the court despite it having been publicly available
to the court and to everyone else before the case started).
That whole idea is toast.
Samsung only liable for the value of the part that may have infringed.
So the whole idea of patent trolling is now laid to waste.
1. You have to prove infringement
2. You will only get royalties on the value of the component as payment.
So in Samsung's case, the $400 million could get cut to $4000 if
each infringing item cost only $0.001 to make.
Microshaft's $10 billion android troll revenue could soon be toast
and so too any of appile's patent troll revenue.
There are tons of software components and hardware components in a phone
and tablet and at best all of that in royalties would not fetch more
than 2% of the factory price of the phone or tablet.
So this entire patent trolling revenue stream for microshit and appile shiite
is dead in the water due to a 1920 case which has been used many
times since then to settle awards.
The *fscking* judge has been blasted right royally for ignoring case law.
Alan Baker
Jun 13, 2016, 4:07:06 AM6/13/16
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