CN  /  EN

imgboxbg

NEWS

意外!苹果和高通居然和解了

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-04-21 16:34
  • Views:

(Summary description)2019年4月17日凌晨,苹果与高通均在官网上发布声明,双方同意放弃在全球范围内的所有诉讼。在双方的声明中,透露双方签订了一项为期六年的授权协议,该协议还包括为期两年的延期选择,自2019年4月1日起生效。双方还签订了为期多年的芯片组供应协议,除此之外,该和解协议中,苹果向高通支付了一笔费用,但是该费用的具体数目未知。随着声明的发布,苹果和高通为期两年的专利大战终于告一段落。苹果和高通的专利战在全

意外!苹果和高通居然和解了

(Summary description)2019年4月17日凌晨,苹果与高通均在官网上发布声明,双方同意放弃在全球范围内的所有诉讼。在双方的声明中,透露双方签订了一项为期六年的授权协议,该协议还包括为期两年的延期选择,自2019年4月1日起生效。双方还签订了为期多年的芯片组供应协议,除此之外,该和解协议中,苹果向高通支付了一笔费用,但是该费用的具体数目未知。随着声明的发布,苹果和高通为期两年的专利大战终于告一段落。苹果和高通的专利战在全

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-04-21 16:34
  • Views:
Information

2019年4月17日凌晨,苹果与高通均在官网上发布声明,双方同意放弃在全球范围内的所有诉讼。在双方的声明中,透露双方签订了一项为期六年的授权协议,该协议还包括为期两年的延期选择,自2019年4月1日起生效。双方还签订了为期多年的芯片组供应协议,除此之外,该和解协议中,苹果向高通支付了一笔费用,但是该费用的具体数目未知。

随着声明的发布,苹果和高通为期两年的专利大战终于告一段落。苹果和高通的专利战在全球范围内的多个国家展开,涉及16个司法管辖区,诉讼数量更是高达50多起,诉讼的范围不仅限于3G,4G等通信领域的标准必要专利,也涉及很多软件方面的专利。其中,苹果和高通在中国也有交锋,2018年12月,福州中级人民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等7款手机产品停止销售。

对于苹果和高通意外的握手言和,外界评价不一,但是毫无疑问,这次的和解是双赢的。对于苹果而言,5G芯片有了保障。在本月月初,还有分析师看衰苹果的5G手机,认为苹果在2020年也无法推出5G iPhone,因为苹果没法确保拥有必要的5G调制解调器。目前苹果在5G手机的竞争中,已经处于劣势低位,苹果的调制解调器供应商英特尔可能要到2020年才具备提供手机5G芯片的能力,其在5G领域的发展速度远远低于高通,届时,高通已经有望推出新一代的5G调制解调器。而苹果在手机领域的竞争对手三星华为等,在5G手机上均有所突破,三星已经上市了一款基于高通芯片的5G手机,华为作为后起之秀,一直在5G领域有着亮眼的表现。而现在随着和解的达成,苹果的5G iPhone业务也渐渐进入正轨,有望在2019年9月发布样机,在2020年3月的春季发布会上,苹果就能推出5G iPhone。即使2019年不推出5G iPhone,这项协议的签署对于苹果新款手机的销售也有一定的提振作用。2018年,苹果手机在中国市场销售不佳,一方面是因为其采用高定价的策略,主动淘汰了一批消费者,另一方面就是因为苹果采用的英特尔的芯片,在信号接收甚至通话效果方面都不尽如人意,打消了很多消费者的换机积极性。因此,如今和解协议的达成,对于苹果而言,既有利于加快5G手机的研发进程,又能提振销量,还能破解外界对苹果受芯片制约的猜疑,可谓是一举多得。

对于高通而言,双方协议的签署,就更加是有百利而无一害。首先就是有利于高通的营收,在与苹果激烈交锋的2018年,高通的业绩可谓是惨淡,出现了上市以来的首次亏损,净亏损额高达49亿美元。而外界普遍认为,高通2018年业绩严重下滑的原因,是因为失去了苹果这个大客户,即使苹果2018年手机销量下滑,其仍然稳坐手机销售榜冠军的宝座。而随着协议的签署,高通重新获得苹果的订单,其营收将在2019年有明显提升。这也难怪在双方声明发布之后,高通股票暴涨23%,两天暴涨33%。高通能拿下苹果这一大单,也有利于缓解高通自身的焦虑。高通营收在2018年的减少甚至出现亏损,再加上一些新起之秀的崛起,如华为等,也让高通自身感觉到危机。双方协议签署之后,高通将能缓口气,起码在营收方面的压力没有那么大。最后,这项协议的签署还给高通带来一项隐形的福利,就是关于高通专利税的合理性。之前高通和苹果的争论点就在于,苹果指责高通违反市场做法,提高芯片价格,限制了业内竞争,损害客户的选择,即质疑高通税的合理性。而如今苹果与高通的和解,间接表明苹果认可了高通的专利收费模式,高通通过征收高通税的商业模式将还能维持下去。之前很多其他一些厂商寄希望于苹果给高通施压,使高通改变其收费模式,如今这个希望已经成为泡影。

不过,苹果和高通的和解也在意料之中,这种大企业之间的专利诉讼博弈,从来就是为了获得更多的谈判筹码,得到更多的利益。如今,苹果和高通双方都能和解中得到自己想要的,因此,和解也就水到渠成了。

Keyword:

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
Previous page
1
2
136
底部
这是描述信息

2001, 20th Floor, Block B, Ascendas Building, No. 88 Jiangmiao Road, Jiangbei New District, Nanjing City, Jiangsu Province

Copyright ◎Nanjing Huaxun Intellectual Property Consultant Co., Ltd.

苏ICP备xxxxxx号-1     Powered by: www.300.cn

这是描述信息
这是描述信息
这是描述信息
这是描述信息
这是描述信息