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朗科美国状告PNY专利侵权,客场作战终获胜利

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(Summary description)近日,深圳市朗科科技股份有限公司发布公告,公司于2018年7月28日收到了美国仲裁员Hon·WilliamG·Bassler签发的《最终裁决书》。《最终裁决书》中规定,PNY应在本裁决书签署后的21天内,向朗科科技支付总计7,714,998美元。此项决议书是针对美国PNY公司违反《和解协议》约定,朗科针对PNY公司的违约行为提请仲裁的回应。美国时间2006年2月10日,朗科公司向美国得克萨斯州东区

朗科美国状告PNY专利侵权,客场作战终获胜利

(Summary description)近日,深圳市朗科科技股份有限公司发布公告,公司于2018年7月28日收到了美国仲裁员Hon·WilliamG·Bassler签发的《最终裁决书》。《最终裁决书》中规定,PNY应在本裁决书签署后的21天内,向朗科科技支付总计7,714,998美元。此项决议书是针对美国PNY公司违反《和解协议》约定,朗科针对PNY公司的违约行为提请仲裁的回应。美国时间2006年2月10日,朗科公司向美国得克萨斯州东区

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2018-08-13 14:00
  • Views:
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近日,深圳市朗科科技股份有限公司发布公告,公司于2018728日收到了美国仲裁员Hon·William G·Bassler 签发的《最终裁决书》。《最终裁决书》中规定,PNY应在本裁决书签署后的21天内,向朗科科技支付总计7,714,998美元。此项决议书是针对美国PNY公司违反《和解协议》约定,朗科针对PNY公司的违约行为提请仲裁的回应。

美国时间2006210日,朗科公司向美国得克萨斯州东区联邦法院递交诉状,控告美国PNY公司侵犯其专利号为US6829672的美国专利。此项专利在20027月,在国内获得专利授权,即“用于数据处理系统的快闪电子式外存储方式及其装置”,此发明专利与200412月在美国获得专利,即上述专利号为US6829672的专利。此项专利是闪存盘、闪存MP3及其他闪存移动数码产品的基础性专利,其奠定了朗科在全球闪存盘产业格局中的优势地位。而2006年提出的这项专利侵权诉讼,是中国企业境外IT发明专利维权第一案,在国内大力倡导“自主创新”的情况下,此次诉讼具有十分典型的示范效应和现实意义。

此后两年时间内,朗科科技和PNY公司双方经过证据交换阶段、马克曼听证阶段,最终朗科科技与美国PNY公司于2008211日签署《和解协议》,朗科科技授权美国PNY公司实施包括US 6829672号专利在内的一系列专利,而美国PNY公司向朗科科技缴纳专利实施许可费。

在《和解协议》履行过程中,美国PNY违反了《和解协议》中的相关规定。朗科针对美国PNY公司的违约行为提请仲裁,而美国PNY公司则于2013118日向美国新泽西州的联邦地区法院提起确认之诉,要求朗科科技承担其在确认之诉案中的费用,但是没有针对朗科提出相应的损害赔偿请求。美国PNY公司此举是对朗科科技认为其违反《和解协议》提请仲裁的回应。

美国PNY公司在诉讼中声称朗科科技提请的仲裁事项不属于仲裁范围而应当通过联邦法院裁决;此外美国PNY公司认为其生产销售的某一类别的产品不包括在双方签署的《和解协议》的范围内。20151216日,美国新泽西州的联邦地区法院裁定朗科科技与PNY双方签署的《和解协议》发生的纠纷属于仲裁范围。

朗科科技于20171010日收到美国仲裁员Hon·William G·Bassler签发的《部分最终裁决书》。最终,在2018728日朗科科技收到了美国仲裁员Hon·William G·Bassler 签发的《最终裁决书》。PNY公司应在本裁决书签署后的21天内,向朗科科技总计支付7,714,998美元。

深圳市朗科科技股份有限公司成立于19995月,是全球闪存盘及闪存应用领域产品和解决方案的提供商,总部设在深圳市。作为闪存盘的发现者,朗科推出以优盘为商标的闪存盘是基于USB接口、采用闪存介质的新一代存储产品。朗科拥有闪存盘、闪存MP3以及闪存基础数码产品的基础专利,涵盖面非常大,目前尚无其他技术手段可以绕过这一专利。而且朗科还围绕这一专利申请了其他专利,从而形成一个“专利保护网”。朗科已在车载MP3、随身数码娱乐领域申请了大量专利。当然,凭借着这些“专利武器”,朗科在国内外发起了数场专利诉讼,除了上述状告PNY的专利诉讼,朗科发起的诉讼还包含:

20029月,在国内起诉北京华旗资讯数码科技有限公司、深圳市富光辉电子有限公司侵犯其专利权;

2004813日,朗科起诉索尼公司侵犯其专利权;

2016922日,朗科起诉名创优品的五种U盘侵权;

2018518日,朗科起诉旋极信息、旋极百旺、百旺金赋、深圳百旺和北京百旺物价公司专利侵权。

除了以上的专利诉讼案件,朗科还向爱国者、金士顿等闪存盘生产厂家收取专利许可费。

一直有一句流传很久的格言:“一流的企业卖标准,二流的企业卖产品品牌,三流的企业卖产品,四流的企业卖苦力”。毫无疑问,在闪存盘领域,朗科是当之无愧的一流企业。而这恰恰得益于朗科长期的知识产权战略规划。在朗科成立之初,其创始人就将知识产权战略明确作为朗科国家化的重要步骤,提出“会把知识产权向产品一样经营,相信知识产权会带来客观的收入。而现在的国际竞争和合作已经到了一个新的层次,通过卖专利发展的模式将会非常普遍,这也将是一种新的商业形态”。而其在企业核心竞争力上也有颇为独到的见解,“一定要抛弃仅仅追求短期利益的冲动。每个企业运作的时候,都会打广告,打广告就要花钱。许多企业在电视台花很多钱打广告,实际上只是一种硬投入。企业运作的时候,要转变思想观念,把研发进而形成知识产权当做企业正常运作的一部分,加大软投入的力度。软投入属于长期收入,长久来讲,它可能比打广告更有竞争力”。

朗科公司对PNY的专利侵权诉讼,维护并扩展了其在美国的业务。这种做法与大部分跨国公司“专利先行”的国际化思路不谋而合。而朗科也为中国企业做出了表率,中国企业正在尝试以全新的姿态参与国际化竞争。中国企业意识到自主技术和创新掌握自主知识产权的重要性,而中国企业的知识产权也必然在全球得到应有的尊重。

 

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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