思立微诉请汇顶科技赔偿8050万元，因专利无效被驳回！

Categories:最新消息
Author:华讯知识产权
Origin:
Time of issue:2019-10-24 15:03
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(Summary description)自2018年开始，深圳市汇顶科技股份有限公司（以下简称“汇顶科技”）与上海思立微电子科技有限公司（以下简称“思立微”）之间就发生了多次专利侵权纠纷，其次数之多、赔偿数额之高在业内引起广泛的关注。2018年9月12日，汇顶科技起诉思立微和深圳市鼎芯无限科技有限公司，称两被告侵犯其指纹芯片方面3项专利，就每项专利索赔7000万元。2018年11月6日，汇顶科技起诉思立微、信利光电有限公司和深圳苏宁易购

思立微诉请汇顶科技赔偿8050万元，因专利无效被驳回！

Categories:最新消息
Author:华讯知识产权
Origin:
Time of issue:2019-10-24 15:03
Views:

Information

自2018年开始，深圳市汇顶科技股份有限公司（以下简称“汇顶科技”）与上海思立微电子科技有限公司（以下简称“思立微”）之间就发生了多次专利侵权纠纷，其次数之多、赔偿数额之高在业内引起广泛的关注。2018年9月12日，汇顶科技起诉思立微和深圳市鼎芯无限科技有限公司，称两被告侵犯其指纹芯片方面3项专利，就每项专利索赔7000万元。2018年11月6日，汇顶科技起诉思立微、信利光电有限公司和深圳苏宁易购销售有限公司侵害其实用新型专利，要求判令三被告立赔偿经济损失5000万元。11月20日，汇顶科技对上述三被告再次追加2项实用新型专利侵权诉讼，每项专利索赔经济损失5000万元。2018年12月，思立微开始对汇顶科技进行反击，起诉汇顶科技及上海魅之族数码科技有限公司侵犯其3项专利权，要求法院判令被告赔偿经济损失2.4亿元人民币。双方间专利侵权诉讼多达4次，要求赔偿总额高达6亿元，另外还有高额的合理开支费用。

针对思立微提起的专利诉讼，汇顶科技于2019年2月12日对其中一件涉案专利提出无效请求。2019年8月8日，该项涉案专利被宣告全部无效。10月16日，受理法院驳回了思立微的起诉。10月23日，汇顶科技对该案件的最新进展发布公告称，法院相关的驳回裁决对公司本期利润及期后利润不会产生负面影响。

在专利侵权诉讼中，被告对涉案专利启动无效程序是常见的反制措施，人民法院将根据不同情形决定专利侵权案件是否中止审理，一般而言，法院受理的侵犯实用新型、外观设计专利权纠纷案件，被告在答辩期间内请求宣告该项专利权无效的，人民法院应当中止诉讼。在审理过程中，根据《最高人民法院关于审理侵犯专利权纠纷案件应用法律若干问题的解释(二)》第二条第一款之规定，权利人在专利侵权诉讼中主张的权利要求被专利复审委员会宣告无效的，审理侵犯专利权纠纷案件的人民法院可以裁定驳回权利人基于该无效权利要求的起诉。在本案中，国家知识产权局专利局复审和无效审理部作出第41364号无效宣告请求审查决定，宣告涉案专利专利权，这一决定将整个案件转向对汇顶科技的绝对优势，思立微的诉讼请求全部被驳回，其中包括8000万元的经济赔偿和50万元的合理开支。

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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

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