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面板行业专利诉讼不断,企业如何应对?

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  • Time of issue:2018-08-24 12:21
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(Summary description)对于高科技企业来说,技术、法律和商业运作是拉动企业的三驾马车。技术是支撑法律和商业运作的基础,是企业的基础。在技术方面,专利战是最体现企业技术实力的方式。在液晶面板行业,尤其如此,频繁的专利诉讼案件,使得媒体及大众一次次将目光聚焦到该产业上。专利诉讼看似是企业之间的专利侵权纠纷,实质上是两家公司的专利实力比拼,更是涉及对市场份额的激烈争夺。

面板行业专利诉讼不断,企业如何应对?

(Summary description)对于高科技企业来说,技术、法律和商业运作是拉动企业的三驾马车。技术是支撑法律和商业运作的基础,是企业的基础。在技术方面,专利战是最体现企业技术实力的方式。在液晶面板行业,尤其如此,频繁的专利诉讼案件,使得媒体及大众一次次将目光聚焦到该产业上。专利诉讼看似是企业之间的专利侵权纠纷,实质上是两家公司的专利实力比拼,更是涉及对市场份额的激烈争夺。

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2018-08-24 12:21
  • Views:
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对于高科技企业来说,技术、法律和商业运作是拉动企业的三驾马车。技术是支撑法律和商业运作的基础,是企业的基础。在技术方面,专利战是最体现企业技术实力的方式。在液晶面板行业,尤其如此,频繁的专利诉讼案件,使得媒体及大众一次次将目光聚焦到该产业上。专利诉讼看似是企业之间的专利侵权纠纷,实质上是两家公司的专利实力比拼,更是涉及对市场份额的激烈争夺。

2018年的面板专利战,是由群创光电率先拉开序幕。群创光电在2018226日宣布,已于农历春节前向大陆二法院,共提起十七件专利侵权诉讼,指控重庆惠科金渝光电科技、合肥惠科金扬科技及其经销商,涉嫌侵犯群创专利权,制造、使用、销售、许诺销售侵权的液晶面板产品,并利用侵权产品生产电视机等显示器装置。这是台湾地区面板厂首度大动作,针对大陆面板厂提起侵权诉讼,开启两岸面板厂拼产能、抢人才之后的专利大战。

群创2015年决定建制8.6代厂之后,大陆重庆惠科、咸阳彩虹先后跟进投资兴建8.6代厂,而这两家都有来自群创的离职员工助阵,而群创在遭受挖角战役之后,受伤不轻。群创后来陆续发现公司专利遭不当使用,为了提起侵权诉讼,一直等到重庆惠科金渝光电科技于2017年第二季量产,并销售相关产品后,才于去年9月展开搜证作业,待相关证据完备后,于今年212日一口气提起17件专利侵权诉讼案。为了这次反扑,群创熬了超过两年,希望能在证据齐全下,完整捍卫公司与股东权益。

随后,惠科金渝就群创光电提起诉讼的17件专利,向国家知识产权局专利复审委员会提起专利权无效宣告请求。20184月份,惠科金渝向重庆市第五中级人民法院提起5起专利侵权诉讼,诉讼称群创光电股份有限公司旗下的宁波群志光电有限公司、佛山群志光电有限公司及其使用群创光电面板生产电视机的生产商等涉嫌侵犯惠科金渝的专利权,请求法院判令被告停止制造、销售和许诺销售侵犯其专利权的产品,并销毁库存成品和半成品等。

目前从液晶显示器的市场排名状况来看,京东方和华星光电两家国内大型液晶显示器企业牢牢占据国内市场前两位,惠科金渝则位列第6名。从全球液晶市场的排名来看,三星和LG位列全球液晶显示器前2名,群创光电位列第五名,惠科金渝排名紧随其后。从全球液晶面板发展态势来看,韩国和日本厂商位列第一梯队,台湾厂商和中国大陆厂商分列第二和第三梯队。但是随着显示器技术的飞速发展及国内相关厂商的迅速崛起,国外企业以及部分台湾企业在中国大陆的市场占有率逐渐缩小。如今,作为液晶显示器较大的消费市场,中国大陆市场已经成为全球面板厂家的必争之地。

群创光电之所以会选择与惠科金渝展开专利诉讼,一方面在于近年来,惠科金渝的较快的成长速度,而且两者在市场占有率的排名上较为接近,与惠科金渝展开专利诉讼,有利于压制对手,赢得市场竞争优势;另一方面,群创光电对惠科金渝发起专利诉讼,也是通过诉讼,对市场进行“试水”,为其今后深入中国大陆市场、抢占市场高地打下基础。

而事实上,这只是面板专利诉讼的冰山一角,每年,在全球各地都会爆发面板行业的专利战。

2016年,日本夏普(SHARP)向美国国际贸易委员会(ITC)和其他机构提出诉讼,控告友达面板侵权;

2015年,奇美电子在美国特拉华州地区法院对索尼提起专利权诉讼,称索尼在PS3、电视、笔记本电脑和照相机中侵犯了该公司的专利;

20131月,TPK向厦门市中级人民法院提起诉讼,指控诺基亚、欧菲光等企业侵犯其中国实用新型专利,要求其停止制造与销售,并进行赔偿;

2012年,韩国两大面板巨头三星和LG打响专利诉讼战。LG对三星旗下两家分公司提出起诉,指控三星侵犯自己持有的七项与OLED技术有关的专利;随后,三星又对LG提出反诉,指控LG挖走了三星的几名OLED技术研究人员;

2011年,三星电子在美控告台湾友达光电及其三家客户,侵犯三星全数面板显示器专利,要求禁止销售采用这些面板的产品,并提出赔偿;

2009年,美国国际贸易委员会认定夏普侵犯了三星的两项专利,并对夏普作出初步裁定,禁止其向美国出口及销售用于液晶电视、笔记本个人电脑和手机等的液晶相关部件和产品;

2008年,夏普提起要求禁止进口和销售韩国三星电子生产的3款配备液晶模块的液晶电视和液晶显示器的诉讼;判决认为三星电子生产的40英寸液晶电视和19英寸以及30英寸液晶显示器所配备的液晶模块,涉嫌侵犯了夏普拥有的大视角和高响应速度等3项专利;

20073月,友达控告LG飞利浦(LPL)侵犯其三项面板相关专利,同年5月,奇美电也在美国德州法院控告LPL侵犯其4项专利权,并要求赔偿。

近年来,国内液晶显示技术发展迅速,但是仍有较大的发展空间。而在这种高度竞争的产业中,企业首先要防止竞争对手侵犯自己的知识产权,还要注意不侵犯他人的知识产权,这就要求企业不断地加强技术创新和专利积累,并及时关注全球最新技术的发展走向以及竞争对手的技术创新发展状况。同时,在遭遇专利诉讼后,广大企业还应做到积极应诉,尽可能寻找到能够规避或者减少相关风险的途径。

从宏观上看,一定的专利诉讼对于产业发展有一定的促进作用,有利于提高企业对专利额重视程度,进而加大研发力度,产生高质量的专利,从而促进整个行业的发展。

 

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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