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共享充电宝大战背后,专利正成为企业新的护城河

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  • Time of issue:2018-07-10 14:01
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(Summary description)作为共享经济代表的共享充电宝,在资本市场上广受资本青睐;但因其进入门槛低,共享逻辑是否成立,盈利模式不清楚,发展前景不明朗等原因也饱受争议。但不管其前景如何,共享充电宝市场却格外火热,目前在市场上有超过十家的共享充电宝企业,街电和来电更是行业内的头部玩家。除了在市场上抢占市场份额之外,两家企业在专利战场上也是短兵相见,专利成了他们新的武器。

共享充电宝大战背后,专利正成为企业新的护城河

(Summary description)作为共享经济代表的共享充电宝,在资本市场上广受资本青睐;但因其进入门槛低,共享逻辑是否成立,盈利模式不清楚,发展前景不明朗等原因也饱受争议。但不管其前景如何,共享充电宝市场却格外火热,目前在市场上有超过十家的共享充电宝企业,街电和来电更是行业内的头部玩家。除了在市场上抢占市场份额之外,两家企业在专利战场上也是短兵相见,专利成了他们新的武器。

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2018-07-10 14:01
  • Views:
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作为共享经济代表的共享充电宝,在资本市场上广受资本青睐;但因其进入门槛低,共享逻辑是否成立,盈利模式不清楚,发展前景不明朗等原因也饱受争议。但不管其前景如何,共享充电宝市场却格外火热,目前在市场上有超过十家的共享充电宝企业,街电和来电更是行业内的头部玩家。除了在市场上抢占市场份额之外,两家企业在专利战场上也是短兵相见,专利成了他们新的武器。

525日,北京知识产权法院就深圳来电科技有限公司(以下简称“来电科技”)起诉深圳街电科技有限公司(以下简称“街电”)专利侵权纠纷系列两案做出一审判决,判决街电侵犯来电科技两项专利(专利号ZL201520847953.1,名称为“移动电源租用设备及充电夹紧装置”的实用新型专利;专利号ZL201520103318.2,名称为“吸纳式充电装置”的实用新型专利)成立,责令街电停止侵权行为,并赔偿来电科技共计200万元。历时一年,来电科技诉街电专利侵权纠纷一审终于尘埃落定。这也是迄今为止,共享充电宝行业最大的一笔专利侵权赔偿, 也是共享充电第一梯队玩家之间的专利里程碑战役。

当然,这不是来电科技第一次起诉其他公司的侵权。早在2016年7月,来电科技将深圳市云充吧科技有限公司告上法庭,认为云充吧侵犯其三件实用新型专利,正式打响了共享充电专利维权第一案。来电科技首战告捷,云充吧被判侵犯来电科技2项专利权,立即停止侵权行为,并向来电科技赔偿40万人民币。

继云充吧后,来电科技又相继起诉街电、友电等公司侵犯其专利权。今年2月,广州知识产权法院一审判决:广州市友电科技有限公司侵犯来电科技三个专利的案件事实成立,被告友电科技立即停止制造、销售、许诺销售、使用侵犯原告来电科技的侵权产品行为,销毁在用的侵权产品,并依法赔偿原告来电科技经济损失及合理维权费用合计人民币40万元整。

有了两次成功的经验,如今来电科技胜诉这个结果也是在意料之中。来电能在专利诉讼中屡战屡胜,也是有其深层原因的。来电科技是整个共享充电宝行业内首个吃螃蟹的人,在其成立之初就将知识产权保护放在公司发展的首要位置,涉案的两项专利也是吸纳式共享充电宝设备的底层基础专利。因此,后来的竞争者必须正视这一事实,尽量通过技术创新来避开来电科技的专利壁垒,或者积极寻求专利的交互授权,实现共赢。

其实,街电在专利上的投入不可谓不大,20175月,陈欧高调宣布,街电花1亿购买3项发明专利,分别是专利号201410667099.0,名称为“一种手机电池充电更换系统及充电方法”;专利号201410667122.6,名称为“一种手机电池的充电箱”;专利号20141066867.0,名称为“一种可识别身份的手机充电电池及其识别方法”。此外,街电也在积极布局自身的专利,目前发明的公布数已经超过20件,但是因其进入该领域时间较短,目前授权专利较少。而来电作为先来者,授权的专利(包括外观设计、实用新型和发明专利)均远超街电,保持行业领先地位。

来电的多起专利侵权诉讼案件,大有对共享充电宝行业“拨乱反正”的意图。在此之前,整个共享充电宝行业充斥着恶意抄袭、不正当竞争等乱象,大家普遍认为专利维权长路漫漫,成本较高,侵权被诉讼的概率较低。而来电的行为给这些心存侥幸的企业当头一棒,随着过呗知识产权意识的逐渐增强,任何企业都不能存有侥幸心理,正视知识产权的价值,积极进行布局和维权才是正道。

而共享充电宝,作为一个竞争激烈、硝烟四起的行业,什么才是共享充电宝企业的核心竞争力呢?业内的主流观点普遍认为,重点在资金力、供应力、场景力和技术力,专利更是护城河。随着国内知识产权保护意识的逐渐增强,企业对专利布局及维权愈加重视,专利或将成为共享充电宝的“核武器”,决定生死。对于共享经济来说,模式创新的同时如果能够搭配专利技术,更容易形成竞争壁垒,企业的发展将会更顺畅,估值将会更高。共享充电宝是一个新生事物,后来的企业要想进入这个行业,现在起步还不晚。但随着国家对知识产权的保护越来越重视,或许三五年之后,再想进入这个行业,而又没有专利储备的话,就会非常难。

针对这场共享充电宝专利大战,投资界人士指出,这起专利败诉案无疑会影响到投资人对街电的信心,法院判决的停止侵权行为也会影响到街电后续的扩张和运营节奏。同时,这场共享充电宝大战也给一些企业敲响警钟,在企业发展过程中,必须重视知识产权的价值,拥有高价值的知识产权,将能增加企业的品牌价值和商业竞争优势,成为企业的护城河。

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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