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诺基亚起诉华为专利侵权

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  • Time of issue:2016-08-01 16:43
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(Summary description)随着智能手机市场日渐扩大,通信巨头对手机企业发起的专利诉讼越来越频繁。南京华讯消息,2016年,华为开始向苹果收取专利费;5月和7月,华为集团和华为终端公司连续两次起诉三星公司,涉及专利从通信协议延伸到手机软件开发技术;7月,华为向T-Mobile发起诉讼。  南京华讯专家表示,“如今,国际间大企业、跨国公司间竞争非常激烈,知识产权纠纷越来越多,这反映了知识产权在当代社会已成为了企业重要的竞争手段

诺基亚起诉华为专利侵权

(Summary description)随着智能手机市场日渐扩大,通信巨头对手机企业发起的专利诉讼越来越频繁。南京华讯消息,2016年,华为开始向苹果收取专利费;5月和7月,华为集团和华为终端公司连续两次起诉三星公司,涉及专利从通信协议延伸到手机软件开发技术;7月,华为向T-Mobile发起诉讼。  南京华讯专家表示,“如今,国际间大企业、跨国公司间竞争非常激烈,知识产权纠纷越来越多,这反映了知识产权在当代社会已成为了企业重要的竞争手段

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2016-08-01 16:43
  • Views:
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  随着智能手机市场日渐扩大,通信巨头对手机企业发起的专利诉讼越来越频繁。南京华讯消息,2016年,华为开始向苹果收取专利费;5月和7月,华为集团和华为终端公司连续两次起诉三星公司,涉及专利从通信协议延伸到手机软件开发技术;7月,华为向T-Mobile发起诉讼。

  南京华讯专家表示,“如今,国际间大企业、跨国公司间竞争非常激烈,知识产权纠纷越来越多,这反映了知识产权在当代社会已成为了企业重要的竞争手段和有力武器。知识产权在法律上是一种独占权,有了知识产权就得到了对市场份额的控制权。现在很多企业看到了知识产权对企业竞争的重要性,非常重视知识产权,把知识产权当作战术和争夺市场控制权的手段。”

  日前,诺基亚对华为提起专利侵权诉讼,指控华为侵犯了其三项涉及4G LTE通信的专利,拒绝其提出的专利授权协议,并继续使用其专利。华为方面回应称,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。因此华为将采取必要措施就诺基亚网络提出的指控进行自我辩护。

  在起诉书中,诺基亚向法院说明了起诉的原因:诺基亚和华为已经在针对双方的专利问题进行了多次讨论,但是华为并不愿意向诺基亚支付公平合理无歧视的专利许可费。在解释起诉理由时,诺基亚写道:除了许可谈判,诺基亚甚至还提供了进行仲裁的建议,希望通过仲裁来确定合适的许可费率,甚至可以避免华为与 T-Mobile之间的专利诉讼,但是很遗憾华为至今没有接受这个建议。

  此前华为在美国对无线运营商T-Mobile提起专利诉讼,指控其侵犯自己的专利权。华为表示,实际上,诺基亚起诉华为的真正目的在于帮助其客户T-Mobile抗衡华为的专利诉讼。

  华为方面称,诺基亚网络曾要求加入华为诉T-Mobile USA的诉讼,并将此专利指控与华为对T-Mobile USA发起的诉讼合并处理。由于诺基亚网络起诉华为的专利与华为起诉T-Mobile的专利主题完全不同,法庭责令诺基亚网络将其诉讼请求和华为与T- Mobile之间的专利诉讼案分开处理。

  这次华为被诉的产品包括Nexus 6p, Honor 5x, P8 lite, GX8, Ascend Mate 2, SnapTo and MediapadT1 8.0 Pro。这些产品涵盖了华为除了最新发布的P9外几乎所有的主力机型,如果华为被诉,则将严重影响华为在美的终端销售情况。

  至于与T-Mobile的专利诉讼,据华为一方回应,华为在过去10年中已经投入400亿美金进行研发和相关知识产权的开发,华为只是对这些巨额投入所取得的成果进行保护而已。

  除了与诺基亚和T-mobile之间的诉讼,华为因近期与通信行业巨头间的诉讼频频上头条。2016年5月25日,华为对外宣布在中国和美国同时对韩国三星公司提起知识产权诉讼。华为在诉讼中要求三星就其知识产权侵权行为进行索赔8000万元。

  关于华为对三星的诉讼部分,主要涉及通信技术的高价值专利和三星手机使用的软件。对于诉讼目的,华为称,希望三星尊重华为的研发和知识产权成果,停止未获得许可情况下的专利侵权行为,并保留赔偿权益。

  冯晓青认为,“华为重视技术创新且成果不俗。并且华为非常重视知识产权,在知识产权保护方面积累了很多经验,胜算还是很大的。”

  回顾从前,中国厂商很少主动在国际市场中出击专利产权案件。最近华为接连起诉三星和T-Moblie,可谓是专利诉讼中轰动的大案。全球手机市场趋向饱和,手机行业的格局和竞争重点也发生了变化,众所周知,仅一款智能手机就可能涉及数千项专利。专利已然成为了手机行业抢占市场、遏制竞争对手的有力武器。一些先知先觉的国产手机厂商已经加大研发力度,加快专利的战略布局。

  2004-2014的十年间,华为的专利申请量飞速增长, 数据显示, 华为2014年对于研发的投入超过了A股近400家企业的总和。而2015年研发投入92亿美元,这也成为华为敢于和三星、诺基亚、T-mobile等国际巨头正面交锋的底气所在。

  “国内的一些企业创新意识和知识产权意识不足,遇到这种纠纷就很很被动,很容易在国际知识产权诉讼中败诉。”南京华讯表示,华为的系列诉讼给这些企业带来了启发,企业要有强大的创新力和创新成果,并利用知识产权对成果加以保护,才能够立于不败之地。

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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