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苹果三星专利案再次打响

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  • Time of issue:2016-10-12 15:47
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(Summary description)南京华讯消息:苹果和三星的专利大战就像是一套永远也更新不完的连续剧,起诉和反诉充斥于其中,明天苹果和三星又将会开始新一轮的大战,本次庭审审理的将会是苹果与三星从2011年就开始“纠缠”的设计专利。值得一提的是,对于美国最高法院而言,这也是120多年来的首例涉及到设计专利的诉讼案,上一次涉及到的产品是地毯。  事件简要回顾  三星和苹果这场专利大战最早可以追溯到2001年4月,苹果开始在美国针对三星

苹果三星专利案再次打响

(Summary description)南京华讯消息:苹果和三星的专利大战就像是一套永远也更新不完的连续剧,起诉和反诉充斥于其中,明天苹果和三星又将会开始新一轮的大战,本次庭审审理的将会是苹果与三星从2011年就开始“纠缠”的设计专利。值得一提的是,对于美国最高法院而言,这也是120多年来的首例涉及到设计专利的诉讼案,上一次涉及到的产品是地毯。  事件简要回顾  三星和苹果这场专利大战最早可以追溯到2001年4月,苹果开始在美国针对三星

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2016-10-12 15:47
  • Views:
Information

  南京华讯消息:苹果和三星的专利大战就像是一套永远也更新不完的连续剧,起诉和反诉充斥于其中,明天苹果和三星又将会开始新一轮的大战,本次庭审审理的将会是苹果与三星从2011年就开始“纠缠”的设计专利。值得一提的是,对于美国最高法院而言,这也是120多年来的首例涉及到设计专利的诉讼案,上一次涉及到的产品是地毯。

  事件简要回顾

  三星和苹果这场专利大战最早可以追溯到 2001年4月,苹果开始在美国针对三星提起诉讼,称三星侵犯了苹果的专利权,指责三星侵犯了其部分 iPad 和 iPad 2 的设计,向三星索赔 25 亿美元,并要求停止销售其平板产品,至此双方的专利大战拉开了序幕。在此期间,双方经历了多次上诉、反诉以及再上诉的过程,其精彩深度丝毫不亚于宫廷大戏。双方都试图抓住每一个机会来攻击对方,就像近日的美国大选辩论。

  还是钱的问题

  专利大战历时5年,归根到底,双方纠缠不下的还是一个字:钱。

  苹果2011年起诉三星,称三星手机侵犯苹果iPhone多项专利权。法庭 2012 年裁定三星侵犯苹果专利,要求三星向苹果赔偿10.5亿美元。

  后来,主审法官高兰惠(Lucy Koh)下令重审,称因陪审团计算错误,应从中剔除 4.5 亿美元的赔偿。最终,经过重新计算后三星被裁定向苹果赔偿 9.3 亿美元。随后,三星提起上诉。

  去年 5 月,美国联邦巡回上诉法院裁定,这 9.3 亿美元的赔偿金需要重新评估。最终,联邦巡回上诉法院要求三星像苹果赔偿 5.482 亿美元。但三星对该裁决仍不满意,认为其中的 3.99 亿美元赔偿金是不合理的,最终上诉到最高法院。美国维拉诺瓦大学法学院教授迈克尔�瑞奇称,经过多年的激烈对抗,(三星)侵权已经被证实,这起诉讼目前讨论得更多的是关于金钱。

  近日美国联邦法院对苹果公司之前的上诉进行了判决,恢复对三星公司侵权裁决,其中包括三星侵犯苹果的智能手机和平板电脑的滑动解锁专利。在此次裁决中,美国联邦法院判定三星需向苹果公司赔偿 1.196 亿美元。而本周二(10 月 11 日),美国最高法院将会受理此案,进行案件听证会,主要是听取三星电子认为赔偿额应该缩减的理由。

  “世界观”不同

  三星曾说,如果宣判苹果胜诉,就是在扼杀创新。苹果曾说,如果三星胜诉就意味着对创新保护的弱化。

  其实从上面的这两句话可以看出双方对于专利保护的不同解读,三星并没有正面承认侵犯苹果的专利,但也没有完全否认。三星方面称,智能手机的价值并不全在于外观设计,实用专利也是其核心价值,陪审团判定三星侵权的判决是对专利法1886条的错误解读,这是否意味着,其实三星早已默认自己侵犯了苹果的设计专利呢?

  苹果则认为,三星侵犯自己的专利由来已久,更是人尽皆知。苹果希望通过胜利来告诉人们,专利创新是应该这样来保护的。苹果和三星的专利大战之所以受到行业的密切关注,因为未来这类型的案件将会越来越多,苹果和三星的案件的最终结论将会影响整个行业,并为日后的同类事件起到示范性作用。

  举一个例子,就像今年的苹果 FBI 大战。苹果在乎的并不是某一起案件中的某部 iPhone 被轻易解锁,而是日后的千千万万部 iPhone 被解锁。一旦立下不好的先例,便会对日后的案件造成深远的影响。

  据南京华讯美国专利了解,听证会将会在美国时间早晨 10 点开庭,持续一小时。但此次审理并不会产生最终裁决。美国最高法庭每年的休庭时间是 6 月 30 日,外媒预测,关于此次专利案的审判结果将会在这之前出来,很有可能会在 2017 年的第一季度做出裁决。该案件关注者众多,戴尔、eBay、Facebook、谷歌、惠普等多家科技巨头发声支持三星;同时超过100余位设计产业的专业人士及学者联名支持苹果,其中一些是 Nike、Calvin Klein 等知名全球品牌设计师。

  南京华讯结语

  类似苹果和三星的专利诉讼案件以后还会越来越多,不过从规模和时间持续长度来说,不敢说后无来者,但至少也是前无古人。智能手机行业遭遇瓶颈,产品之间变得越来越“雷同”,很大程度上是创新出现了问题,苹果和三星一案的结果,将会对行业日后的产品设计也产生或多或少的影响。而对于两家习惯了竞争关系的公司来说,本次的庭审结果也将会影响双方日后直接交锋时的气势。尽管对于双方来说,这一仗并不是输不起,而是双方都不想输。

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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