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晋华无产品在美销售 美法院驳回美光诉讼

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  • Author:华讯知识产权
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  • Time of issue:2019-02-15 12:03
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(Summary description)始于2017年的美光控告福建晋华侵权案最近有了新的进展,且对晋华有利。美联邦法院以晋华的产品并未在美国境内销售,超出美国法院的管辖权为由驳回美光的诉讼。本次诉讼被驳回是美光与晋华自交手以来的第二次挫败。2018年1月,晋华向福州法院控告美光的部分存储产品,包括内存条,固态存储器和芯片侵犯晋华的专利,福州法院于2018年7月向美光发出“诉中禁令”,要求美光半导体立即停止销售及进口十余款英睿达固态硬盘

晋华无产品在美销售 美法院驳回美光诉讼

(Summary description)始于2017年的美光控告福建晋华侵权案最近有了新的进展,且对晋华有利。美联邦法院以晋华的产品并未在美国境内销售,超出美国法院的管辖权为由驳回美光的诉讼。本次诉讼被驳回是美光与晋华自交手以来的第二次挫败。2018年1月,晋华向福州法院控告美光的部分存储产品,包括内存条,固态存储器和芯片侵犯晋华的专利,福州法院于2018年7月向美光发出“诉中禁令”,要求美光半导体立即停止销售及进口十余款英睿达固态硬盘

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-02-15 12:03
  • Views:
Information

始于2017年的美光控告福建晋华侵权案最近有了新的进展,且对晋华有利。美联邦法院以晋华的产品并未在美国境内销售,超出美国法院的管辖权为由驳回美光的诉讼。

本次诉讼被驳回是美光与晋华自交手以来的第二次挫败。2018年1月,晋华向福州法院控告美光的部分存储产品,包括内存条,固态存储器和芯片侵犯晋华的专利,福州法院于2018年7月向美光发出“诉中禁令”,要求美光半导体立即停止销售及进口十余款英睿达固态硬盘、内存条和相关芯片,并删除其网站中关于上述产品的宣传广告、购买链接等信息。因此业内认为美光气急败坏,为报复晋华,通过游说对美国商务部施加压力,使其在2018年11月对晋华和联电发出制裁令,对晋华和联电实施禁运。

虽说晋华因其DRAM产品并未量产而不受美法院管辖,但因之前的禁运,使得晋华的DRAM产品的自主研发道路变得更加艰难。而晋华受到的进攻并不是美光对国内半导体厂商唯一采取的行动。美光为了维护自身的权益一直密切关注行业内厂商的动态。因此在国内的一些半导体厂商成立之初就已经进入了美光的防范区域。

在美光的众多竞争者中只有晋华一家遭到美光的伏击,背后的原因是值得深思的。

合肥长鑫也在进行DRAM的研发,并且早就被美光盯上。2015年美光收购台湾存储厂商华亚科技67%的股份,成为华亚科技的实际掌控者。与此同时合肥长鑫和长江存储对华亚科技展开了挖人行动,以华亚两倍以上的薪资将上百名华亚员工挖到内地,其中很多为主管级别。美光也迅速对此采取反挖行动,很多在内地工作的台湾员工回台过年时都被台检方进行约谈,并限制其出境。但这并未对长鑫的DRAM研发造成实质性打击,究其原因是长鑫注重研发团队的多样性和隐秘性。从一开始布局DRAM研发,其研发团队的来源就具有多样性,除了华亚科,韩国SK海力士,日本尔必达也是其研发团队的重要来源,且其研发地点数量和地点也不为外界所知,大大增强了抗击其他厂商阻击的能力。

国内另一存储巨头长江存储也在美光的围剿名单上,然而美光对长江更是无可奈何。长江存储成立之初就将研发的自主性放在首位,绝不靠偷窃其他先进存储公司的技术获得发展,一门心思进行技术研发,避免了一切被其他厂商盯上的风险。由于对自主研发的长期坚持,长江存储成功开发出一项新的技术-Xtacking技术,该技术使得产品开发时间缩短三个月,生产周期可缩短20%,NAND I/O速度大幅提升到3.0Gbps,比传统3D NAND拥有更高的存储密度。目前长江存储已成功开发出14nm制程,32层64GB的3D DRAM产品,虽然和国际先进技术相比还有一代的差距,但成功实现了存储芯片的国产化,大大鼓舞了国内厂商实现自主研发的信心。相信凭借长江存储对自主研发的坚持,在不久的将来定可追上国际存储大厂的脚步。

而晋华除了没有像长江存储那样坚定地走自主研发之路,也没有像长鑫那样注重对研发团队多样性的保护,导致其研发团队很容易遭受敌对厂商的破坏,更重要的是晋华的研发基地位于台湾,借用台企联电的资源进行技术研发,这就为美企对其采取行动提供了地利。

虽然美光两次对晋华提起诉讼都以失败告终,但实质上晋华的DRAM研发计划已遭受了沉重打击,缺乏自主研发能力,唯一的技术来源又遭到封杀,晋华的DRAM存储生产计划基本停滞,司法程序上的胜利并不能使晋华摆脱自身的技术困境。

国内厂商从美光控告晋华的一系列事件中不能仅仅看到美光的一再失利,更应该去思考在众多大陆半导体厂商中晋华成为美光集中火力围剿对象的原因,更应该看到晋华表面胜利所隐藏的重大损失。中国半导体想要获得长远发展,除了进行大量的技术引进,自主研发才是最强有力的后盾。

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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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