CN  /  EN

imgboxbg

NEWS

两年苦战,大疆与Synergy Drone的专利战终获胜

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-08-15 12:48
  • Views:

(Summary description)2017年3月,SynergyDrone在美国将大疆告上美国法院,其控告大疆侵犯其五件专利的专利权。原告SynergyDrone认为大疆的产品所使用的“无头模式”侵犯了该公司的专利权,“无头模式”即无论无人机如何飞行,均以遥控器的方向感为方向,该项功能已经广泛应用于无人机领域,尤其是多旋翼无人机,属于目前无人机领域的常见功能。在涉诉的五件专利中,其中四件经过多次易手,主要的技术方案就是“无头模式”

两年苦战,大疆与Synergy Drone的专利战终获胜

(Summary description)2017年3月,SynergyDrone在美国将大疆告上美国法院,其控告大疆侵犯其五件专利的专利权。原告SynergyDrone认为大疆的产品所使用的“无头模式”侵犯了该公司的专利权,“无头模式”即无论无人机如何飞行,均以遥控器的方向感为方向,该项功能已经广泛应用于无人机领域,尤其是多旋翼无人机,属于目前无人机领域的常见功能。在涉诉的五件专利中,其中四件经过多次易手,主要的技术方案就是“无头模式”

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-08-15 12:48
  • Views:
Information

    20173月,Synergy Drone在美国将大疆告上美国法院,其控告大疆侵犯其五件专利的专利权。原告Synergy Drone认为大疆的产品所使用的“无头模式”侵犯了该公司的专利权,“无头模式”即无论无人机如何飞行,均以遥控器的方向感为方向,该项功能已经广泛应用于无人机领域,尤其是多旋翼无人机,属于目前无人机领域的常见功能。在涉诉的五件专利中,其中四件经过多次易手,主要的技术方案就是“无头模式”,一种以遥控器而非飞行器方向为基准的遥控飞行模式。

 

在被控告之后,大疆除了在地区法院直接应诉之外,还于20171122日在美国专利审判和上诉委员会(Patent Trail and Appeal Board, PTAB)针对5件涉案专利提出多个双方复审程序(Inter Partes Review, IPR)。IPR是一种用于挑战已授权专利的专利权的审理程序。根据USPTO发布的数据显示,在2017-2018年间,IPR的立案率为60%-65%,但是大疆提出的5IPR均被予以立案。近日,这5件涉案专利的142项权利要求均被宣告无效。在这场专利大战中,大疆取得了阶段性胜利。

南京华讯知识产权顾问有限公司

    谈起无人机,很多人关于无人机的印象还停留在高精尖的军用产品,如“全球鹰”、“捕食者”、“影子”等,彼时,无人机的软硬件理论及实践技术属于完全的高精尖产品,让很多想要在民用领域一展身手的公司望而却步。随着飞控核心代码开源,以及传感器、处理器和电池等硬件产业链的发展,许多公司开始涉足无人机领域。而大疆无人机,毫无疑问是消费级及商业级无人机领域的佼佼者。据统计,大疆在消费级市场,其全球占有率约为72%,而且在美国也有较高的市场份额。这也难怪,很多竞争对手甚至是非实施实体(NPE)会将矛头指向大疆,专利在这些高科技领域,一向是打击对手提升自身士气的很好武器。除了在文中提到的Synergy Drone,大疆在美国市场还遇到其他的专利纠纷。201894日,美国商务部网站公布的“预警提示”显示,美国Autel Robotics(通道智能)公司向美国国际贸易委员会(ITC)提出申请,指控大疆的产品侵犯其专利权,请求美国发起337调查并发布有限排除令和禁止令。20192月,大疆再次被NPE组织盯上,一家名为Dareltech的美国技术公司在美国起诉大疆,起诉理由是大疆侵犯其专利权。而这家Dareltech的公司,之前也曾在美国控告过小米侵犯其在自拍杆方面的专利权。

 

短短2年多,大疆在美国市场多次遭遇专利纠纷,而此次与Synergy Drone的专利战,无疑提振了大疆在专利战方面的士气。在20195月和6月底,在经历了一年半的多轮答复和权利要求修改后,PTAB相继宣布涉案的5件专利全部无效的决定,包括66项在无效过程中修改的权利要求。大疆此次专利无效的胜利,犹如釜底抽薪,给Synergy Drone公司以沉重的打击。同时,也展现了大疆在面对专利侵权诉讼时,灵活地处理专利纠纷的能力。

南京华讯知识产权顾问有限公司

    大疆一向注重在知识产权方面的积累,在2019年颁布的中国企业专利500强榜单中,大疆位列第4。虽然在专利数量上不及前几名的公司,但是大疆十分注重在全球的知识产权布局,其更加重视通过在全球范围内布局同族专利,对创新成果进行持续、全方位以及全球化的保护。当然,这也与大疆的市场特点有关,如今在消费级市场上,大疆在全球市场的占有率均处于领先地位。作为该领域的领先者,其必然通过在全球市场布局专利,保护自己领先的科技成果,防止他人侵权。

 

    大疆此次的专利战,也给国内很多想要出海的企业做出表率。当面对来自竞争对手甚至是专利流氓的专利纠纷时,企业应当不断积累经验,积极应对,同时也要加强自主创新意识和专利保护,适当的时候采取专利无效甚至反诉等手段进行还击。除此之外,企业还需要提前进行相关产品的FTO检索,在产品立项到推出到市场之前,实时关注市场上的专利动态,及时做好应对准备。

南京华讯知识产权顾问有限公司

 

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