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打铁还需自身硬!西门子专利围剿国内手机厂商,不料多件专利被无效

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  • Author:华讯知识产权
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  • Time of issue:2019-07-19 10:01
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(Summary description)2018年下半年开始,西门子利用手上的专利权,频繁地向国内的手机厂商挥舞专利大棒。2018年9月28日,西门子公司将魅族起诉到上海知识产权法院,原因是魅族侵犯其专利权。同时,西门子因专利侵权将小米也起诉到上海知识产权法院。2018年10月8日,因涉嫌专利侵权,vivo被西门子公司起诉至北京知识产权法院,其中涉诉专利共两件,每件专利的索赔金额为1000万元。此外,OPPO也被西门子公司起诉至北京知识

打铁还需自身硬!西门子专利围剿国内手机厂商,不料多件专利被无效

(Summary description)2018年下半年开始,西门子利用手上的专利权,频繁地向国内的手机厂商挥舞专利大棒。2018年9月28日,西门子公司将魅族起诉到上海知识产权法院,原因是魅族侵犯其专利权。同时,西门子因专利侵权将小米也起诉到上海知识产权法院。2018年10月8日,因涉嫌专利侵权,vivo被西门子公司起诉至北京知识产权法院,其中涉诉专利共两件,每件专利的索赔金额为1000万元。此外,OPPO也被西门子公司起诉至北京知识

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-07-19 10:01
  • Views:
Information

2018年下半年开始,西门子利用手上的专利权,频繁地向国内的手机厂商挥舞专利大棒。2018928日,西门子公司将魅族起诉到上海知识产权法院,原因是魅族侵犯其专利权。同时,西门子因专利侵权将小米也起诉到上海知识产权法院。2018108日,因涉嫌专利侵权,vivo被西门子公司起诉至北京知识产权法院,其中涉诉专利共两件,每件专利的索赔金额为1000万元。此外,OPPO也被西门子公司起诉至北京知识产权法院。可以看出,除了华为之外,国内主流的手机厂商无一幸免,均成为西门子的诉讼对象。

南京华讯知识产权顾问有限公司

当然,通过专利诉讼获得相应的赔偿并不是西门子这些大厂发起专利诉讼的主要目的,通过专利诉讼最终促进专利许可合作这才是他们的真正目的。这样的案例在手机领域屡见不鲜,最典型的案例就是高通和苹果,两者在全球范围内多个国家发起专利诉讼,甚至苹果的多款手机在中国市场和德国市场被禁止销售,但是二者在20194月份最终达成和解,苹果付出一大笔和解费并且将继续从高通采购5G芯片。而国内手机厂商,也有和国外巨头有从剑拔弩张的诉讼到最后和解的案例。20161114日,OPPOvivo被杜比公司诉讼至印度新德里高等法院,为了不影响手机在印度市场上继续生产和销售,OPPOvivo一方面愿意向法院缴纳每台设备34卢比的保证金,另一方面,他们表示愿意继续与杜比公司进行FRAND(公平合理无歧视)的专利许可条款谈判。最终,在2018319日,杜比和OPPO对外联合宣布称,双方正式建立全球性知识产权战略伙伴关系,双方将在杜比HE AAC以及其他音频、视频和JPEG-HDR技术领域展开共赢合作。

以上高通和杜比实验室的例子,这些主动发起进攻的企业最终都得偿所愿,与被诉企业最终达成战略合作关系。但是,西门子好像并没有这么好的运气。20181119日,针对西门子提出的诉讼中设计的两篇专利,vivo向国家知识产权局专利复审委员会提起专利无效宣告请求,其中涉案的两篇专利都是与通信技术相关的,两篇专利分别为“选择传输信道的方法及基站、移动终端和移动无线网”(其申请号为200480023688.X)和“估计信道质量的方法和装置”(其申请号为201010120482.6),前者的申请时间为2004年,后者的申请时间为2003年。在2G3G时代,西门子也曾经是手机市场上的重要玩家,西门子是全球第三大手机厂商,而这两篇专利的申请时间也正是西门子在通信或者手机业务上影响力较大的时间。小米和魅族分别对另一篇名为“蜂窝无线通信系统中的闭环天线分集方法、用户台和基站”(其申请号为02813713.2)的专利提出无效宣告请求。

南京华讯知识产权顾问有限公司

目前,国家知识产权专利局复审和无效审理部分别对这三件专利进行审理,其中,对“估计信道质量的方法和装置”作出“宣告部分专利权无效”的决定,而另外两篇专利被宣告全部专利权无效。因为目前涉案专利的无效宣告审理尚未都出结果,因此不能确定西门子起诉国内手机厂商的专利数量。但是从目前已经出审理结果的案件而言,西门子此次对国内厂商的专利围剿显然不算成功,想要达成专利许可合作,那么西门子首先得证明自己专利的高质量。如果专利的无效率太高,势必会影响后期西门子与各手机厂商之间的专利许可合作谈判。

从西门子专利围剿中国手机厂商的案例中可以看出,要想行使自己的专利权,通过专利权变现,首先得评估自身专利的稳定性,如果不进行评估贸然进行进攻,那么很可能跟西门子一样,专利被无效,最后得不偿失。其次,企业在申请专利的过程中,需要对专利质量进行把关,高质量的专利文本才是企业行使专利权的基础。最后,企业也应当重视在知识产权方面的积累,此次西门子在国内对主要手机厂商进行围剿,华为却幸免,西门子忌惮华为庞大的专利群是华为幸免的因素之一,在关键时候,华为在知识产权方面的积累为其提供了免于诉讼的防御工具。

 

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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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