Patent reform is something that is sorely needed (and more funding for the USPTO).
Take for example this patent on an anti gravity device: https://www.nature.com/articles/438139a#:~:text=The%20US%20p....
And then there’s the patent troll problem. As a small shop, I am particularly afraid of trolls shutting us down overnight with basically no recourse.
I be more scared of non-trolls who own giant catalogues of patents. The giant companies will shut you down just as fast as any "troll". Try to invent any device with a touchscreen and an internet connection. It won't be trolls knocking on your door, but lawyers from Samsung, Apple and Microsoft.
- Not a serious competitor
- Based in Europe
- Bad PR to shut down a company trying to create a cruelty-free smartphone
I do think a better system exists, and I’m all ears for any ideas around patent reform/USPTO funding.
They would probably be thrown out in court, but that takes time and money. Small startups have very little of either.
I am really just pointing out that we need patent reform and better enforcement very badly.
Don't play the game of building products that are subject to other people's patents. If in doubt, buy them out. Pay for the international rights regardless of whether you think a patent invalid in some market. Apple isn't exactly struggling for cash at the moment. It can afford to pay for the patent rather than stage what is starting to look like a PR event.
Apple, Google, Meta and other big tech companies have used patents defensively not offensively. That is, as mutually-assured destruction.
The real villains in this story are the patent holding companies that sue in East Texas to get in front of one judge that, at a time, heard a quarter of all US patent cases, all brought by NPEs (non-practicing entities aka patent trolls). IIRC there was at a time another judge and I heard a story that a popular law firm employed a relative to conflict out the second judge so they could get the judge they wanted.
Apple aren't the bad guys in the patent mess.
[1]: https://en.wikipedia.org/wiki/Apple_Inc._v._Samsung_Electron....
Apple vs. HTC: https://en.wikipedia.org/wiki/Litigation_involving_Apple_Inc...
Normally, the threat implied by a patent moat is sufficient, so it doesn’t come to a lawsuit.
Then they had the gall to sue HTC. Glad the judge ended up forcing their hand, a rare case where might didn’t make right.
"[We] think competition is healthy, but competitors should create their own original technology, not steal ours"
The first case you mention is against third-party repair and parts. This isn't a simple issue. At one end of spectrum people have died from fake accessories (eg [1]). So while I trust (and use) Anker devices that are sold in the US, would I buy and use a charger in Cambodia? Probably not. So I support the idea of third-party repair but you have to deal with the question of quality and the parts being suitable.
The second relates to, again, design (and trademark). This is less defensible. I mean they do look like Airpods but really how many ways can you make an earpod?
[1]: https://www.cbc.ca/news/science/apple-replacing-fake-iphone-...
> Masimo CEO Joe Kiani told CNN he believes Apple deliberately infringed on his company’s patents. But the companies have been at loggerheads for years. In October 2022, Apple filed two patent infringement lawsuits against Masimo.
Plenty of good info on that operation, e.g. https://arstechnica.com/tech-policy/2015/06/east-texas-judge...
So are recusals for such conflicts really optional?
https://www.thebignewsletter.com/p/will-the-biggest-tech-mer...
Happened back in '11 when they were going after Android OEMs, despite the fact that the actual devices weren't infringing they still tried to get them blocked.
It never even made it to court - and they have since scrubbed all statements about that, and to this day still pay for the architecture license. Just too late for PowerVR as an independent IP vendor.
Never be a supplier to Apple - they will screw you over.
TSMC is an interesting one, as they're pretty much the only person who have made that business model work, and even Apple's total business in that area is smaller than their scale seems to require.