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智能手机领域专利混战正酣

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  • Time of issue:2016-08-02 16:43
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(Summary description)要说目前智能手机领域,谁风头正劲,那一定是华为。可是,这个7月,华为的日子似乎有点不好过,据南京华讯报,先是被曾经的“老大哥”诺基亚在美国发起专利诉讼,接着被三星在多地反诉讼,索赔1.61亿元。  已退出手机界的“老大哥”要告华为  还记得今年5月底,华为在美国、深圳同时对三星提起专利侵权诉讼。如今,华为和三星的专利大战还未结束,昔日的“老大哥”诺基亚也来加入混战。要知道,诺基亚在2013年被微软

智能手机领域专利混战正酣

(Summary description)要说目前智能手机领域,谁风头正劲,那一定是华为。可是,这个7月,华为的日子似乎有点不好过,据南京华讯报,先是被曾经的“老大哥”诺基亚在美国发起专利诉讼,接着被三星在多地反诉讼,索赔1.61亿元。  已退出手机界的“老大哥”要告华为  还记得今年5月底,华为在美国、深圳同时对三星提起专利侵权诉讼。如今,华为和三星的专利大战还未结束,昔日的“老大哥”诺基亚也来加入混战。要知道,诺基亚在2013年被微软

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2016-08-02 16:43
  • Views:
Information

  要说目前智能手机领域,谁风头正劲,那一定是华为。可是,这个7月,华为的日子似乎有点不好过,据南京华讯报,先是被曾经的“老大哥”诺基亚在美国发起专利诉讼,接着被三星在多地反诉讼,索赔1.61亿元。

  已退出手机界的“老大哥”要告华为

  还记得今年5月底,华为在美国、深圳同时对三星提起专利侵权诉讼。如今,华为和三星的专利大战还未结束,昔日的“老大哥”诺基亚也来加入混战。要知道,诺基亚在2013年被微软收购后已经在手机市场隐退。

  7月17日,诺基亚在美国向华为发起了专利诉讼,指控华为、华为终端美国公司销售和进口侵犯诺基亚专利的美国手机和平板电脑。

  诺基亚指控华为侵权的产品包括Nexus6p、荣耀5x、P8lite、GX8、AscendMate2、SnapTo、MediapadT18.0Pro。

  诺基亚方面称,此前的许可协议在2013年年底到期后,华为拒绝取得诺基亚技术(Nokia Technologies)和诺基亚通信的技术授权,并继续在其产品中使用诺基亚重要技术。专利授权协议期满后,华为拒绝达成新的授权协议。

  针对诺基亚的指控,华为日前发表声明称:“华为和诺基亚之间曾存在交叉许可协议,华为希望在更新协议中与此前的条款保持一致,但诺基亚拒绝此提议。因此,我们将采取必要措施就诺基亚方面提出的指控进行自我辩护。”

  根据诺基亚和华为的声明,华为和诺基亚的“纠葛”就显而易见:2013年之前华为和诺基亚是有交叉许可协议的。2013年授权协议到期后,华为期望维持原授权协议中的条款,但诺基亚期望加入更为苛刻的授权条件,因此华为无法接受。

  南京华讯美国专利专家向记者表示:“在本诉讼中,关键点应该在诺基亚和华为交叉许可的专利,在目前市场环境和技术环境下,是否有变换,诺基亚是否应该对华为约定更为苛刻的条件。”

  诺基亚为重返铺路,还是“围魏救赵”?

  从2013年诺基亚的设备与服务部门被微软收购后,诺基亚在手机市场几乎销声匿迹。虽然后续发布了几款Lumia手机,也被贴上了微软的标签,但影响力并不足。

  根据诺基亚和微软当年的交易条款,2015年12月31日之前,诺基亚被禁止在自家移动通讯设备上使用诺基亚品牌。正是因为这则条款,媒体和业界纷纷猜测2016年诺基亚将重返手机市场。

  时隔一天,即7月18日,有媒体报道,外媒报道诺基亚将要回归手机市场,并带来两款Android新机。

  难道诺基亚向华为发起专利诉讼是诺基亚重返智能手机市场的信号?南京华讯美国专利专家向《中国经济周刊》记者表示:“不排除这个原因。专利权其实是一种通过技术垄断市场的权利,最终还是为专利权人的市场服务的。所以,诺基亚有可能为了占有市场和提升市场的占有率而起诉竞争对手。”

  但南京华讯美国专利专家持不同观点,他对记者表示:“诺基亚虽然在智能手机市场中未能取得成功,但其拥有的专利足够其向众多手机厂家收取足够多的专利费用,所以诺基亚从未离开。诺基亚选择在这个时间点起诉华为,是很明显的围魏救赵。”

  “围魏救赵”,诺基亚要救的是谁呢?

  时间倒回到7月6日,华为在美国得克萨斯州东区法庭指控美国无线运营商T-Mobile侵犯了自己的4G专利,同时拒绝与其基于公平、合理和非歧视条款达成专利。

  谈到华为当初为什么要起诉T –Mobile?华为方面的公开解释是:自己早在2014年6月6日就曾联系过T-Mobile方面,希望就4G专利授权以及签署非披露协议的事宜同其进行谈判,但却被T-Mobile一口回绝。之后,华为又再次向T-Mobile提出了会谈要求,但后者依旧拒绝了这一可能的解决方案。

  2016年1月,华为针对T-Mobile提出了正式专利侵权指控,直到这个时候T-Mobile才表示自己愿意就4G专利授权以及签署非披露协议的事宜展开谈判。2016年6月,T-Mobile终于在原则上同意同华为签署非披露协议,但却始终拒绝同华为方面举行面对面的会谈。因此华为请求法庭宣判公司在专利授权谈判中遵守了公平、合理、无歧视义务,并判定T-Mobile为华为专利“不情愿的授权者”。

  T –Mobile是美国第四大电信运营商,与诺基亚存在密切的设备供应关系。原来诺基亚要救的是T –Mobile。

  诺基亚发言人表示,华为对T-Mobile的诉讼是没有先例的。诺基亚已经要求华为将诺基亚设备排除在对T-Mobile的诉讼中,但华为拒绝了诺基亚提出的所有合理解决方案。因此诺基亚选择干预华为对T-Mobile的诉讼,以“维护自己的顾客和产品”,并对华为产品提起反诉讼,以增强诺基亚及其顾客的防御能力。

  南京华讯表示:“知识产权诉讼中,以诉促和、围魏救赵等策略确实经常使用。不过华为是否就此撤销对T-Mobile的专利诉讼,还需看三方博弈,更需看两个案件中各自的胜诉砝码,以及两个案件的赔偿额大小。”

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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