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长虹 vs Sisvel,七年专利诉讼长跑终获胜

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  • Time of issue:2018-05-25 10:10
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(Summary description)2018年4月26日,是第十八个世界知识产权日;这一天对长虹而言也是不平凡的一天,一份“德国最高法院驳回意大利Sisvel公司复审请求”的法院通知,为长虹与Sisvel之间长达七年的跨国专利纠纷划上句号。长虹经过七年的专利诉讼长跑,终于获得胜利。

长虹 vs Sisvel,七年专利诉讼长跑终获胜

(Summary description)2018年4月26日,是第十八个世界知识产权日;这一天对长虹而言也是不平凡的一天,一份“德国最高法院驳回意大利Sisvel公司复审请求”的法院通知,为长虹与Sisvel之间长达七年的跨国专利纠纷划上句号。长虹经过七年的专利诉讼长跑,终于获得胜利。

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2018-05-25 10:10
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2018426日,是第十八个世界知识产权日;这一天对长虹而言也是不平凡的一天,一份“德国最高法院驳回意大利Sisvel公司复审请求”的法院通知,为长虹与Sisvel之间长达七年的跨国专利纠纷划上句号。长虹经过七年的专利诉讼长跑,终于获得胜利。

长虹与Sisvel专利诉讼案的胜利,在中国企业应对知识产权纠纷上也是一个重要的里程碑。近年来,随着中国企业在各个领域的全力发展,“走出去”已经成为必经之路。当中国企业在国际市场披荆斩棘,市场份额越来越高的同时,国外企业也正向他们挥舞起“知识产权大棒”。中国家电行业是知识产权诉讼案件的重灾区之一,长虹与Sisvel的专利诉讼案是其中具有代表性的案件。

意大利的Sisvel公司或许不被广大消费者所熟悉,但是对于很多消费类电子行业的公司而言却并不陌生。它是一家专门从事专利许可的公司,经过三十多年的发展,已经成长为一家富有进攻力的全球专利许可集团公司,在全球范围内拥有大量技术、法律和专利许可专业知识的人才团队。Sisvel在专利管理方面具有丰富的经验,旗下的专利包含早期的MP3MPEGAudio等音频压缩标准,以及视频产品设计的技术,如OSD技术(屏幕显示技术)、ATSS(自动调谐和分选系统)和WSS(宽屏幕信令,用于自动电视影像格式切换),以及现在仍非常活跃的3G4GWifi等技术。

2004年以来,Sisvel陆续找到中国的企业要求开展谈判,签约专利许可,其收获颇丰,长虹也与其进行接洽谈判,2008年双方达成MP3音频专利许可协议。而未与其达成协议的品牌就成了Sisvel攻击的对象,比如在2007Cebit展会上,Sisvel公司向法院申请临时禁令和海关警察执行禁令,将中国大陆的华旗、纽曼等产品查封带走;在2008年德国IFA展会开幕当天,69家中国、韩国以及欧洲公司的MP3音频相关产品以及多家彩电企业的电视产品遭查封。

据了解,2009年起,Sisvel开始利用电视相关的专利向长虹施压,要求进行相关授权谈判。但是长虹知识产权团队经分析认为长虹产品并未侵犯其声称的专利。此后,双方经多次谈判均为达成一致意见。于是,在2011年德国IPA展会期间,Sisvel在德国起诉长虹侵犯其专利,要求长虹在德国境内停止销售并赔偿损失。长虹知识产权团队启动应对预案,迅速选定德国法思博律师事务所作为代表,积极应诉,按照德国法院的诉讼程序,在2周内提交代理答复和应诉文件。201258日,德国曼海姆法院作出一审判决,驳回Sisvel全部诉讼主张,长虹取得该案的初步胜利。

Sisvel公司依旧不肯放手,凭借着德国专利法院确定修订后的专利有效判决,于20127月起诉。长虹团队经过缜密的分析判断,并结合德国专家出具的意见,于20129月递交了答辩状。20144月,德国卡尔斯鲁尔州高级法院裁定长虹胜诉,赢得了二审胜利。Sisvel仍然不服二审法院的判决,上诉到德国最高法院,申请复审。2018418日,德国最高法院发出文件,驳回Sisvel的复审请求,长虹赢得最后的胜利。至此,长虹与Sisvel公司历时七年的专利侵权诉讼终于落下帷幕。

然而,长虹所遇到的专利诉讼并不是中国家电企业所遭遇的孤例。201511月,德国杜塞尔多夫地区法院就Sisvel公司诉海尔公司侵犯其无线技术组合的两起专利侵权纠纷案作出一审判决,判令海尔公司停止销售包含通用移动通信系统(UMTS)和通用分组无线服务技术(GPRS)的移动设备,提交账目,并赔偿经济损失;20176月,夏普向美国加利福尼亚州法院提起诉讼,请求法院判令海信集团停止使用“SHARP”商标,并赔偿至少1亿美元;不久,夏普又以海信集团侵犯其专利权为由,起诉海信集团,要求禁售相关产品,同时要求美国国际贸易委员会(ITC)调查海信集团。

尽管近年来中国家电企业在“走出去”过程中不断吸取经验教训,不可否认,他们也在积极思考应对之策,在努力提升自身技术水平的同时,也在积极完善自身知识产权布局,包括与国际家电企业达成专利许可协议、积极参与标准制定等。然而,补全知识产权领域的短板非一朝一夕就能完成,由于运用知识产权作为竞争手段的生疏、高价值专利的缺乏、国际家电领域知识产权运营环境比较复杂等因素,我国家电企业仍处于被动的地位。

而长虹这场专利诉讼案件也给中国家电企业树立了很好的标杆。在此次诉讼中,面对Sisvel这类以专利许可为商业模式的公司,只有据理力争才能取得最终的胜利,一味妥协则可能为以后埋下较大的隐患。当然,长虹在知识产权保护上也一直走在前列,长虹集团在授权的有效专利、发明专利等均居行业前列,在核心关键技术上也有专利布局,而专利技术的转化实施率更是高达60%以上。

在进行成功经验介绍时,长虹知识产权负责人表示,在知识产权保护工作开展时,可以遵循以下途径。首先,要补上公司知识产权保护意识薄弱的“短板”,不仅公司的管理层要具备知识产权保护意识,公司的普通员工更需要具备知识产权相关意识。其次,开展专利分级管理,实现专利申请数量与质量并重,大力培育高价值专利。再次,积极培养能应对复杂国际知识产权相关事务的专业人才,并认真探索分析知识产权运营模式。最后,一旦在国外遇到专利侵权诉讼,应该迅速与国外本土律师团队合作,开展专利分析、技术分析、市场分析、法律分析、第三方检测等,积极寻求专家意见,准确、快速地应对诉讼程序。只有在各个方面落实到位,才能尽量避免侵权赔偿的发生。

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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