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福州法院发出诉中禁令 果通大战苹果暂输一局

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  • Author:华讯知识产权
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  • Time of issue:2018-12-14 18:04
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(Summary description)经过长达一年的审理,福州法院对苹果公司发出诉中临时禁令,要求苹果四家中国子公司的侵权产品iPhone6S至iPhoneX的7款手机产品停止销售。在这场关于专利侵权的“世纪大战”中,苹果是否一败涂地,这场大战又将如何收场,禁令的发出又给我们哪些启示?苹果只是暂输一局,最终胜负悬而未定。1)果通大战由来已经,高通只是在多次失败后扳回一局。苹果和高通在6个不同国家的16个司法管辖区打了50多场专利官司,

福州法院发出诉中禁令 果通大战苹果暂输一局

(Summary description)经过长达一年的审理,福州法院对苹果公司发出诉中临时禁令,要求苹果四家中国子公司的侵权产品iPhone6S至iPhoneX的7款手机产品停止销售。在这场关于专利侵权的“世纪大战”中,苹果是否一败涂地,这场大战又将如何收场,禁令的发出又给我们哪些启示?苹果只是暂输一局,最终胜负悬而未定。1)果通大战由来已经,高通只是在多次失败后扳回一局。苹果和高通在6个不同国家的16个司法管辖区打了50多场专利官司,

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2018-12-14 18:04
  • Views:
Information

经过长达一年的审理,福州法院对苹果公司发出诉中临时禁令,要求苹果四家中国子公司的侵权产品iPhone 6S 至iPhone X的7 款手机产品停止销售。在这场关于专利侵权的“世纪大战”中,苹果是否一败涂地,这场大战又将如何收场,禁令的发出又给我们哪些启示?

苹果只是暂输一局,最终胜负悬而未定。

1)果通大战由来已经,高通只是在多次失败后扳回一局。苹果和高通在6 个不同国家的16 个司法管辖区打了50 多场专利官司,这是高通第一次取得正面胜利。

2)此次受到禁令影响的只是老款苹果产品,在立案时间(2017年11月15日)之后发布的产品不在禁售之列。

3)诉中禁令不是判决结果,虽然不可以上诉,但可以申请异议,苹果公司在法院禁令发出后已于第一时间提出异议。诉中禁令具有暂时性的特点,诉中禁令不是纠纷的最终解决方案,只是暂时性地对申请人提供保护,并且诉中禁令依附于判决结果,若在最终的审判结果中苹果胜诉,该禁令将失去效力。

4)最终决定输赢的将是“时间”。苹果赌上的是iPhone的口碑、5G机型的发布时间;高通赌上的是,下滑的营收、悬崖边的股价。能够成功狙击苹果的未必是此次禁令,而是在明年春天苹果决定下一代机型之前的谈判,使苹果遵守高通的专利收费模式。

因此此次诉中禁令的发出还不能成为苹果在果通专利大战中失败的证据。这场商战的结果还远远没到分出胜败的时候。

苹果和高通彼此依赖,若真的将苹果禁售,无异于同归于尽,因此这场争斗最终势必以和解的方式告终。

1)苹果和高通作为美国两大科技巨头,任何一方的利益受损都会给美国经济造成的巨大损失,因此美国法院不会做出击垮任何一方的判决,也就是说法院不会成为双方胜负的关键,最终的走向还是取决于两家公司博弈的结果。

2)高通的目的并不是击垮苹果,而是需要一个不影响其现有商业模式的解决方案,一定程度的妥协是可以被接受的,但前提是必须对其它使用高通手机芯片的手机厂商一个信服的交代。其实和苹果相比,高通更为急切,苹果可以选择和扶持新的盟友,而高通失去苹果这个最大的客户,损失的利润是巨大的,因为高通收取专利费的方式是对每部出厂的手机均收取一定比例的费用,因此苹果巨大的出货量能够带给高通的利润是极其可观的。

3)高通作为行业领军者,其芯片优越的性能很少有出其右者。对于追求卓越的苹果显然还是愿意采用高通的芯片来提升自身品质。苹果最近创新呈现停滞,新产品后继无人,已经面临营收触顶,不能“开源”,只能“节流”。随着iPhone 售价越来越高,高通针对每部出厂手机收取专利费的方式使得这笔钱也就成了无法忽视的成本。在完成手机CPU的研发后,高通的芯片费用成为最大成本源,要省钱,只能从高通身上下手,因此苹果只是需要一个可以被接受的价格。

4)苹果在5G基带通信芯片的自研上也并不顺利,虽然和英特尔结成联盟,但没有突破这项复杂度和传承度很高的技术。为了实现技术突破,苹果甚至到高通家门口进行人才招聘。

作为商业巨头,苹果高通出于自身利益的考量,最终势必会选择和解。

此次发出诉中禁令的福州法院也引起了广泛关注,这无疑是中国法院开始加强知识产权保护的信号。

去年9 月份,高通就以苹果侵犯高通的三件与电源管理和Force Touch 触屏技术相关的专利为由在北京知识产权法院对苹果公司提起诉讼,并要求禁售相关的苹果产品,但案件最终并没有得到明确的结果。而今年福州已不是第一次发出关于知识产权的诉中禁令,在美光侵权晋华的案子中,福州法院就已向美光发出诉中禁令。福州是第一批设立跨区域管辖知识产权专门机构的城市之一,仅2017年,福建法院共受理和审结各类知识产权案件9256 件和8640 件,成为保护知识产权的先行官。

苹果高通之间的专利战不仅使我们看到知识产权对于企业发展的重要性,也向我们展示出完整的知识产权法律体系对于企业之间公平竞争的重要性。只有具备完善的知识产权法律体系,才能充分保护企业的权益,保证企业之间的良性竞争。福州法院两次诉中禁令的发出已经向我展示出中国保护知识产权的决心。

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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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