Blog #32: Software Freedom Law Center effectively blesses Microsoft's Android and Linux patent license deals

Software Freedom Law Center effectively blesses Microsoft's Android and Linux patent license deals

http://www.fosspatents.com/2013/05/software-freedom-law-center-effectively.html

There has been great support from the Software Freedom Law Center (SFLC) about Microsoft's Android and Linux patent licensing deals. The SFLC provides legal advice and their main goals is to help developers not worry about patent law but instead focusing on creating something that can help our world as a whole. Recently, Open Source Initiative's Chief Simon Phipp's criticized Google's VP8 patent because it was overly restrictive by FOSS standards. From this we know that SFLC and OSI are strongly endorsing Microsoft for their patent licensing deals with several different groups like Android and Linux device makers. 

The SFLC on the other hand endorses Google's proposed VP8 licensing for the following reasons:

• Google's VP8 license is separate license from the software copyright license, similarly to Microsoft's Android and Linux Patents.

• This doesn't place any restrictions on users to copy, modify, or redistribute free programs.

• Finally, these license agreements actually provide some additional protections to users and developers within the field of use.

Bottom Line:

Overall, this is very positive in terms of the patent wars. We have these two organizations (the SFLC and OSI) whose main goal is to create a less hostile environment and more collaborative environment in which better ideas trump beating your competitors. Also we are seeing companies lending patents to each-other and making deals with each-other. I believe companies are now starting to believe that collaborating with their competitors helps everyone instead of trying to hurt them.

YouTube Link: https://www.youtube.com/watch?v=3ItU9HJB6cg

Post #31: Preliminary ITC ruling in Apple's favor against Samsung will be reviewed thoroughly

Preliminary ITC ruling in Apple's favor against Samsung will be reviewed thoroughly

http://www.fosspatents.com/2013/05/preliminary-itc-ruling-in-apples-favor.html?m=

Last October, it was ruled that Samsung infringed on 4 of Apple's patents; three of which were utility patents with the fourth being a design patent. After this there was a request for an additional review to verify these rulings in which it was found that Android additional violations by Android's text selection feature. 

This week it was decided that the commission will review on all of these cases and decide by August 1st, 2013. The review will concerned the following patents:

•  '949 touchscreen heuristics patent
•   RE'922 translucent images patent
•  '697 plug detection patent
•  '501 plug detection patent
•  D'678 smartphone design patent

It is noteworthy that the commission said they would review the cases in their entirety and not as separate issues which implies it will be a much more binary case, instead of a few patents going to one side and a few going to another. 

Bottom Line:

In reference to the patent wars this is exactly what we don't want to see. It has become very typical for these cases to drag on for over a year and have several appeals involved. Additionally, when the ITC has to meet up again to review its previous decisions it just lends to a lot of wasted resources and time for all parties. It is clear here we need to reform our patent system given whenever a final ruling is handed down it is rare that the ruling is actually final.

YouTube Link: https://www.youtube.com/watch?v=3FLGEH6ofmw

Blog #30: Samsung's new U.S. display patents firm designed to satisfy the ITC's domestic industry requirement

Samsung's new U.S. display patents firm designed to satisfy the ITC's domestic industry requirement

http://www.fosspatents.com/2013/05/samsungs-new-us-display-patents-firm.html?m=1

Over the weekend Samsung announced that its display making group has invested $25 million dollars in creating the Intellectual Keystone Technology which bought up a lot of patents from Epson. Some argued that this would be a patent troll but the author of this article thinks this is legitimate for the following reasons:

• It is not a shell company that will be used exclusively just to hold patents. Samsung has been extremely transparent and has shown this company will actually create products and not just sue other companies than avoid being counter-sued because they don't product products. 

• The main reason Samsung created IKT is to satisfy the domestic industry requirement of the ITC which helps a lot in litigation.

•  This deal strengthens Samsung in terms of display patents and will allow them to operate with a lot more clout within the intense patent world.  

• Overall, this is a great move for Samsung because they are now able to do in-bound licensing and out-bound licensing. 

Bottom Line:

The bottom line here in reference to patent wars is that Samsung seems genuine in creating this entity and I don't believe they will use it to just sue others and as a patent troll. They have been very clear about their intentions and it is a strategically sound move. I believe this is overall positive for the patent wars because it establishes more trust between consumers and companies and also places pressure on other companies to not create entities solely to sue others.

YouTube Link: https://www.youtube.com/watch?v=1ju2rp8qCNc

Blog #29: Google appeals dismissal of Motorola's ITC complaint against Apple to the Federal Circuit

Google appeals dismissal of Motorola's ITC complaint against Apple to the Federal Circuit

http://www.fosspatents.com/2013/05/google-appeals-dismissal-of-motorolas.html?m=1

This article touches on the larger issue that is the poor decision by Google to acquire Motorola not for their assets but solely for their patent portfolio. Google spent $12.5 billion to acquire Motorola and has not seen a sizable ROI on this product. They have tried several ways and have now reverted to taking a shot in the dark  by taking a long shot appeal. Earlier this week, Google lost its ITC attempt to ban the Xbox and the US Trade agency has now ended its case with Apple. The Microsoft case was related to WIFI and the Apple case was related to a proximity sensor to deactivate a touchscreen.

What makes this so interesting is that this is already Google's second appeal from the ITC investigation. Last year, the ITC already threw out 3 of Google's appeals, which Google later appealed the dismissal of these patents. Unfortunately these appeals probably can't be consolidated which means more court resources will be wasted.

Bottom Line:

This article overall negatively contributes to the current patent wars we are in because we now see certain companies (Google) true intention's behind their cases. Google isn't trying to correct some wrong done by Apple or Microsoft, instead they are just trying to find some ROI on a poor acquisition that they made. I believe one way to possibly minimize situations like this is to set a limit on the number of appeals because they can just keep appealing decisions more and more which wastes tax payer dollars.

YouTube Link: https://www.youtube.com/watch?v=S6M2z8OpznA

Blog #28: How to grow a Unicorn Patent

How to grow a Unicorn Patent 

http://www.google.com/patents/US4429685
dq=4429685&hl=en&sa=X&ei=UkiEUfXhKsTQiwKbg4B4&ved=0CDUQ6AEwAA






This is the weirdest patent I have probably ever seen. This specific patent is meant to help grow a real unicorn from a goat's head by merging their two horns into one.

To make this even weirder here is the background on the official patent page:

The unicorn, both in mythology and history, possesses a unique reputation as being a fearless, courageous and beautiful animal and protector of other beasts. One theory explains the origination of the unicorn as being developed by herds-keepers for protecting the herd. The single center position horn is a lethal weapon for warding off predatory animals. It is thought that the herdsmen did not wish to employ dogs or other animals as guards since they are meat eaters and expensive to keep.

This is a very strange thing to patent but it goes to show how important patents. Clearly the person who patented this didn't pay all the money to file it for it to be a novelty item. They probably viewed this as a great business opportunity. 

https://www.youtube.com/watch?v=v2MixnmbaRI

Blog #27: Bizarre and stupid patents

Bizarre and stupid patents you wouldn't believe exist

http://listverse.com/2008/06/16/another-10-bizarre-and-stupid-patents/

Tal asked us for our last blog ever to just write about stupid patents. So I was very fortunate to find a list of 10 bizarre and stupid patents you wouldn't believe actually exist. Here are some of the best ones:

1. Baby Patting Machine- This machine is exactly what it sounds like, it was invented to help babies sleep more peacefully by patting them on the bottom.

     2. Electronic Snore Stopper- We actually went over this patent in class. Now while snoring is a common       problem for a lot of people, this patent is not the way to solve it. Every time you snore a jolt of electricity is sent right into your neck. 

3. A Firearm With a Whisky Glass Attached- Again this is a patent that sounds exactly like its name. I don't think it takes a rocket scientist to figure out why drinking and shooting aren't a good combination...

4. Toilet Lid Lock- This patent is originally from 1968 and places a lock on a toilet seat so no one can use the toilet. I am not sure the exact reason for this patent but it is interesting.

It is amazing that these patents exist. I don't imagine any infringing occurring on these.

https://www.youtube.com/watch?v=kLWpz0WjTQ8

Blog #26: Court rules Google will get Motorola's $12.5B price back from Microsoft if it waits almost 7,000 years

Court rules Google will get Motorola's $12.5B price back from Microsoft if it waits almost 7,000 years

http://www.fosspatents.com/2013/04/court-rules-google-will-get-motorolas.html

This article discusses how much Return on Investment Google will get on its $12.5 billion purchase of Motorola. It would take Google nearly 7,000 years of SEP royalties from Microsoft for this acquisition to return a positive profit. This article goes into a lot of further depth about how this acquisition for Google didn't make as much sense for the price they paid. There was a lot of speculation that Google made this purchase for Motorola's patents and not their other assets. 

This article featured the opinions of several other publications stating their opinions. Such as:

• AllThingsD: "Court Denies Motorola the Billions It Wanted From Microsoft for Standards-Essential Patents"
• ArsTechnica: "Court shreds power of Motorola’s standard-based patents"
• BBC: "US judge slashes $4bn Google royalty claim on Xbox" "Google's claim that Microsoft owes it billions in patent payments has been rebuffed by a US judge."
  
  
  This case is particularly interesting because it brings to light the potentially poor idea to purchase Motorola to just win patent wars. I feel it goes to show what lengths some companies will go to for success. 

YouTube Link: https://www.youtube.com/watch?v=9E_QxfJ6A6Y 

Blog #25: April was disastrous for Google on the Android patent front: seven major losses, two smaller wins

April was disastrous for Google on the Android patent front: seven major losses, two smaller wins

http://www.fosspatents.com/2013/04/april-was-disastrous-for-google-on.html

This was a very interesting article that did a great job of summarizing Google's current month in patent struggles. The article broke all the patent issues down into major and minor issues.

Some of the featured wins are:

Medium Level win: 

Google's Motorola not losing to an iPhone patent app was a critical win and have Samsung to thank for being their co-plaintiff.

Medium Level defeat: 

They lost the test selection to infringe on two of Apple's patents.

Major loss:

Apple defeating Samsung in a California Claim Construction case.

Major loss:

Foxconn parent Hon Hai signs with Microsoft: 20th royalty-bearing Android patent license deal.

This is a very interesting article because it goes to show how unsuccessful a lot of this litigation is for certain companies, Google especially. Furthermore, the fact that all this happened within one month is ridiculous and goes to show how frequent these cases occur. 

YouTube Link: https://www.youtube.com/watch?v=kwKunBUIE6M 

Blog #24: Apple calls out Google on flawed search methodology, responsibility for Android's infringement

Apple calls out Google on flawed search methodology, responsibility for Android's infringement

http://www.fosspatents.com/2013/04/apple-calls-out-google-on-flawed-search.html

Apple is criticizing Google for their search methodology which is one of the most innovative and renowned search engines we have seen. Apple believes it can work with Google to correct these flaws. Apple believes the first step is for Google to list all appropriate search terms and custodians.

Apple is claiming this off of the belief that Google chooses to use sub-optimal search terms. Apple uses this example: 

"Apple claims to know that Google uses a different term internally for what Apple calls "slide to unlock". As a result, searches for "slide to unlock" wouldn't deliver too many documents in which Google employees discussed this patented technology."

Google is claiming that this would be and unnecessary burden for them in releasing all this. Google's main argument in this is that since it is the third party it has greater protection and shouldn't be required to share anything with Apple. It will be interesting to see how this develops and if Google strikes back at Apple. 

Youtube Link: https://www.youtube.com/watch?v=XxO2tfnArRk

Blog #23: Apple and Samsung submit proposals for narrowing their second California case for trial

http://www.fosspatents.com/2013/04/apple-and-samsung-submit-proposals-for.html

Apple and Samsung submit proposals for narrowing their second California case for trial

Apple and Samsung submitted a joint case management statement together which means they put their positions within the same document. This basically implies that no further progress has been made towards a settlement.

Apple is proposing to limit the number of patents to five for one side and its number of patent claims to 12. Apple is much more confident than Samsung on the summary judgement stage. 

The main difference between Apple and Samsung is the variety of products they use. Samsung has a much more diverse offering of smart phones and tablets than Apple which means this patent war can be critical for its survivor given if it has to recall any items it will be on a much larger scale than Apple.


Youtube Link: https://www.youtube.com/watch?v=4BW1ZoeDdCw 

Blog #22: Appeals court likely to give German iCloud users push email back on 24th, lift Google's injunction

Appeals court likely to give German iCloud users push email back on 24th, lift Google's injunction

http://www.fosspatents.com/2013/04/appeals-court-likely-to-give-german.html

Since Google won a patent injunction claim in February 2012 which they started to enforce the same month. This required Apple to deactivate all push notifications for users accessing the iCloud within Germany. This not only affected the emails but calendar and contact updates. 

It is likely and highly expected that these will be nullified given two previous cases that have been nullified. One case was for the slide to lock function on iPhones while the other was for a Samsung phone. If Google in the end loses this case it will owe Apple a lot of money in damages for enforcing an incorrect junction. 

It is interesting to see a case actually complete and unfortunate to note that these companies will most likely appeal cases they lose to further drag out the process. The US patent system is not the only patent system that needs help, Germany does as well. 

YouTube Link: https://www.youtube.com/watch?v=7_3m5t-vQdg

Blog #21: Nokia streamlines ITC case against HTC, focuses on four patents after withdrawal of three others

Nokia streamlines ITC case against HTC, focuses on four patents after withdrawal of three others

http://www.fosspatents.com/2013/04/nokia-streamlines-itc-case-against-htc.html

Nokia has now simplified its case with the ITC against HTC by going from 7 patent withdrawals to 4. This is a continued cut from the 9 they originally started with. Two of the patents they dropped are related to database synchronization while the other is a light guide patent. It was known early on that they would have to cut some of these, since 9 claims was not viewed as a realistic amount to pursue. 

The three patents dropped are:

 U.S. Patent No. 7,106,293, U.S. Patent No. 6,141,664 and U.S. Patent No. 7,209,911. 

All of this is occurring in Germany so it should be interesting to see how this develops international law and sets the precedent for future cases.

YouTube Link: https://www.youtube.com/watch?v=GXkyiRqUMAQ 

Blog #20: Corrected ITC ruling finds Android's text selection to infringe two more claims of an Apple patent

Corrected ITC ruling finds Android's text selection to infringe two more claims of an Apple patent

http://www.fosspatents.com/2013/04/corrected-itc-ruling-finds-androids.html

A new ruling has been just handed down that say's Android's text selection has infringed on two or even more claims of Apple. This upcoming review is a chance for Samsung to overturn Apple's win. The specific claims are:

• Claim 34 adds to claim 33 the limitation that the base image (the one that's overlapped by a translucent image) must be active to receive user inputs. The initial determination had already established the fact that this requirement is met in connection with claim 29.
• Claim 35 additionally requires the electronic device to be a "handheld device", which is obviously the case in this investigation of Samsung smartphones and tablet computers.
  
  
  
  
  Furthermore, the ITC was convinced that Transform does infringe on patents. However they have asked the judge to overrule this ruling.
  
  This can turn out to be a very influential if the over the screen keyboard can be contested. Whenever a situation like this in patents happens it causes the company to force to be very creative  and go around what is usual. We saw this in the past with the iPhone and having rounded edges on the phone which forced Androids to adapt.
  
  This seems to be a good situation for patents since an idea is being protected and puts companies in a situation to be innovative. We are seeing the limits being pushed and new ideas emerging that will change the future. 

https://www.youtube.com/watch?v=GC8_tqzlaa4

Blog #19: Samsung affirmatively says U.S. import ban would affect only older iPhones and iPads

Samsung affirmatively says U.S. import ban would affect only older iPhones and iPad

http://www.fosspatents.com/2013/04/samsung-affirmatively-says-us-import.html

There have been recent developments in the Samsung, HTC, and Apple debates. From last year on May 31st, the ITC ruled that Apple infringed on one of Samsung's patents. The committee specifically ruled: 

" With respect to the '348 patent, Samsung’s infringement case before the Commission relied upon accused third and fourth generation Apple products that operate on the AT&T wireless network. If the Commission were to issue remedial orders covering articles covered by the asserted claims of the ’348 patent, would such an order cover (a) Apple products that operate on other wireless networks in the United States, and (b) later generation Apple products (e.g., iPhone 5, later iPad versions)?

Samsung now believes that all Apple products on all networks, not just AT&T, infringe on their patent and will fall within the scope of their import ban. This would however only deal directly with older products, any newer products would fall outside the scope of this ban. Although this seems bad it actually wouldn't make that much of a difference since Apple manufactures very few old phones and would only affect them in the repair business. It seems unlikely however that the courts would actually ban any Apple products since they Samsung didn't cooperate with FRAND regulations.

The patent war seems as hostile as ever but it seems interesting for all this trouble and Samsung may not even win because of a technicality. 

https://www.youtube.com/watch?v=tnl-PSgzt8c

Blog #18: Google's promise not to assert 10 patents against open source software: just a PR stunt

Google's promise not to assert 10 patents against open source software: just a PR stunt

http://www.fosspatents.com/2013/03/googles-promise-not-to-assert-10.html

In 2005, it became very common for tech companies to start showing good faith and asserting patents to the general public that could be mutually used. This tactic was made popular by IBM, Sun Microsystems, and Computer Associates. It was seen early on that this actually didn't do anything but it still showed good face for a little while.

Today Google had finally pledged it's first patent, nearly 8 years later. They pledged a total of ten. This may seem like a lot but it is actually an extremely low amount. By this point IBM has already pledged 500 patents and Sun has pledged over 1,600. Google pledging 10 is an extremely low amount considering they have over 17,000 total patents. 

It is clear that Google has ulterior motives given this low amount. Google also gave nine patents to HTC but this was only in attempt to sue Apple. 

This is a horrible outlook in terms of the patent wars since companies have try to put this on facade to seem as if they aren't as competitive but Google is a clear example they are.

http://www.youtube.com/watch?v=GPAqc2cbm9o

Blog #17: Skyhook v. Google patent trial slips into 2014 as result of consolidation of two lawsuits

Skyhook v. Google patent trial slips into 2014 as result of consolidation of two lawsuits

http://www.fosspatents.com/2013/03/skyhook-v-google-patent-trial-slips.html

The trial between Google and Skyhook has taken another turn that will extend it into its 4th year. This all began back in 2010 when Skyhook sued for anti-competitive conduct. This was directly referring to Google interrupting relationships between Skyhook and other companies. These specific companies are Samsung and Motorola. 

The main reason this trial we continue on is because there has been a consolidation of lawsuits which mean the two lawsuits will be made into one. Combining these two lawsuits will take an additional amount of time among the lawyers. 

This article exemplifies how long these trials can go on and all the different tactics lawyers can use to sneak around these cases. This article does not bode well for the future of patent wars and the potential end. This also goes to show how much money is being wasted on lawyers over all these years.

http://www.youtube.com/watch?v=av9tv4G8YTY

 

Blog #16: Qualcomm and BlackBerry back Google against Judge Posner and Apple on FRAND patents

http://www.fosspatents.com/2013/03/qualcomm-and-blackberry-back-google.html

Qualcomm and BlackBerry back Google against Judge Posner and Apple on FRAND patents

There have been new filings supported by these four groups:

-BSA | The Software Alliance (supports Judge Posner and Apple) 

-Four law professors (support Judge Posner and Apple)

-Qualcomm (opposes Judge Posner, supports Google)

-BlackBerry (officially supports neither party, but clearly opposes Judge Posner and substantively sides with Google)

Qualcomm recently filed a support of reversal of Judge Posner's FRAND decision. Qualcomm has huge clout in this industry, as they have the largest network of SEP eomployees. Qualcomm has been all over supporting several different groups but has more recently sided with Apple.

Blackberry on the other side of this is trying to stay neutral but opposes Judge Posner so thus supports Google.

This article is very evident that this patent landscape isn't just one company against another but it is coalitions competing with each other. This will hurt further positive coalitions among these companies in the future and limit the products we get. 

https://www.youtube.com/watch?v=yJMmsCdqzrM

Blog #15 Samsung wants a new jury

http://www.fosspatents.com/2013/03/samsung-wants-new-jury-to-evaluate.html

Samsung wants new jury to evaluate whether 14 of its products infringed Apple's patents at all

The Samsung vs. Apple dynasty took another turn today as Samsung claims that as their trial moves forward that they would like a new jury to judge if 14 of their products infringed upon Apple's patents. 

Samsung is specifically invoking the 7th amendment in trying to get this new jury. This is apart of a larger strategy on their part to delay the trial as long as possible.Samsung claims "that a new jury can't just determine new damages for the aforementioned 14 products based on the fact that another jury already identified infringements, but that any such trial must also involve a retrial of the question of liability." 

Samsung continues to push the bill by asking for a page extension on the 3-page limit to Apple's claims. This is another tactic to extend the trial as long as possible.

All of these tactics and games by Samsung goes to show the truth behind these patent claims. It is rarely about the money but using this as a tactic to get a competitive advantage and delay product restrictions as long as possible. 

https://www.youtube.com/watch?v=NptqXqCo-tc 

Blog #14: Nokia drops several claims of one patent from its ITC case against HTC -- but Google wants more

Nokia drops several claims of one patent from its ITC case against HTC -- but Google wants more

http://www.fosspatents.com/2013/03/nokia-drops-several-claims-of-one.html

This article discusses how Nokia has lightened up and dropped several claims again HTC. There were originally 9 claims and now there are only 7. The two that got dropped were:

• "calendar-display apparatus, and associated method, for a mobile terminal"
• "communication network terminal supporting a plurality of applications"

It is also possible that Nokia could limit to even fewer claims but they want to hear more from HTC about their defense. This is all speculation though because the letter is confidential.

This is very interesting given our current landscape with the patent wars. It seems as if Nokia wants to lighten up but I doubt this is for friendly purposes. Instead I feel they believe they can win the case if they have a more focused attack. I would not classify these under patent trolls however, given the longevity of the case. 

YouTube Link: https://www.youtube.com/watch?v=YIbYnQQTSUI 

Blog #13: Google wants Apple to pay

http://www.fosspatents.com/2013/03/google-tells-appeals-court-apple-is.html

Google tells appeals court Apple is 'unwilling licensee', seeks injunction over FRAND patents

This article discusses how last summer's trial between Apple and Google in which both corporations appealed, Google is now claiming that Apple is refusing to pay a royalty for FRAND to Google. The article further discusses how Google is counter suing for all the wrong reasons however if Google does manage to win this it will be a big win in terms of publicity. Although Motorola sued for damages among other aspects, the main issue is the 2.25% royalty that hasn't been paid. 

I think this article is very interesting given we have usually seen the main issue in cases to stop production or hurt a competitor's product. However, here we see the main issue Motorola (which is a subsidiary of Google) has is that it wants this 2.25% royalty that Apple owes them. Normally, money is such a small issue for these companies but given that royalty would be huge. Also there must also be a pride issue between these two companies, as Motorola wants things to be made right.

Youtube link: https://www.youtube.com/watch?v=d4Rbf_N_fsI 

Blog #12: Patent Clouds Remain over V8

http://www.fosspatents.com/2013/03/patent-clouds-remain-over-vp8-google.html

Patent clouds remain over VP8: Google points to FRAND option, Nokia alleges infringement in court

This article discusses how MPEG LA just made a patent license agreement with Google in relation to their VP8 video codec. However, this is all not good news. A Google employee posted to the IETF brings up the issue with Nokia and other patent infringements. Nokia claimed to a German court in their case against HTC that VP8 still violates claim 46. This claim states: apparatus and method for compressing a motion vector field. This article also notes that Nokia holds many other patents on video compression technologies. 

I feel this case sums up our current patent environment. A lot of companies are battling with each other and realizing that licensing of other companies' patents is not only helpful but critical. It is well known that if you lose a case it will cost a very significant amount, a lot less than it would cost to license it. I think this environment  is conducive to more companies working together to deal with the patent system and end the patent wars, especially in mobile tech. 

Hopefully this will lead to a better and more innovative economy. 


Youtube Link: https://www.youtube.com/watch?v=doR7PctQH4c

Blog #11: ITC to review decision that cleared Apple of infringing on Motorola patents

http://appleinsider.com/articles/13/02/19/itc-to-review-decision-that-cleared-apple-of-infringing-on-motorola-patents

ITC to review decision that cleared Apple of infringing on Motorola patents

The International Trade Commission is reviewing a case that was ruled by Administrative Law Judge Thomas Pender. In this case, Apple was cleared of validating a patent owned by Motorola Mobility. The issue was that Apple infringed on a patent Motorola had in which when an individual made a phone call the phone's touch screen wouldn't work. Motorola claimed Apple took this for its iPhone 3G. Apple was able to sell iPhone's during this time and profit greatly. This will all be reviewed on April 22nd.

I didn't know after a decision was made that it could be revisited but this shows the power of the ITC. The main issue of this case is how a "touch sensitive input device" will be defined. This will determine the outcome of this case. This falls in line with the role discussed on the ITC's website seen under their mission statement here: http://www.usitc.gov/press_room/mission_statement.htm. 

In terms of the our course, this case is pretty significant. I would not categorize this as a patent troll since it seems like a legitimate reason and would definitely help Motorola if they won.

Link to my Youtube Video: https://www.youtube.com/watch?v=qsoXbn2lcDw 

Blog #10: Amazon patents gravity

Amazon patents gravity!

http://www.wired.com/gadgetlab/2013/03/amazon-patents-gravity-based-links/

Amazon has just patented this new gravity-based technology that helps you click links on your mobile devices. It is very frustrating when you are trying to click a link on your phone and you are unable to click it or you click on the wrong link. What Amazon patented is the area around this link will now be similar to a force-field to help drag you in. This will also help Amazon greatly, given their business is focused completely on e-commerce and clicking links is crucial in that.

I thought this article was really interesting given how specific patents can be. These specific patents are what we need to avoid these patent trolls. When a patent is this specific it is very hard to infringe upon because it is very clear. Also no patent trolls want to purchase a very specific patent because they have very little flexibility in what to sue on.

Blog #9: Death to Trolls!

Death to Trolls!

http://www.theatlantic.com/business/archive/2013/03/death-to-patent-trolls-how-a-new-bill-could-slay-techs-worst-parasites/273610/

This was a very interesting and an exciting article to read because it finally showed something is being done about Patent Trolls. Patent Trolls are companies that buy up patents, not so they can innovate and create new products but so they can sue other companies that are innovating and make a quick buck. This has become a huge industry, costing American businesses over $29 billion dollars a year. This is a great inhibitor in our economy and stunts our innovation efforts.

Fortunately, Peter DeFazio has proposed a bill called the SHIELD ACT that would require companies that lose patent cases to cover the other companies legal fees. Now this may seem like a very minor issue but in actuality this could make a huge difference. This would instantly lower the amount of patent lawsuits because trollers would know if they lose they would not only lose their legal fees but also the other companies legal fees. While it would be best if we knew initially what a companies use for a patent is for, this should make a huge difference.

Blog #8: What the Dietary Supplement Industry Needs to Know About the New U.S. Patent Laws

What the Dietary Supplement Industry Needs to Know About the New U.S. Patent Laws

                          

This article discusses the recent changes in US Patent law and how it will affect the Dietary Supplement industry. The biggest change is that the first-to-invent system is no longer in effect. This system supported whoever invented the idea first. However, this has now changed to whoever files for a patent first gets the patent. This is huge given the nature of the Dietary Supplement Industry and how rapid it changes. It is very rare that people file for patents.

What is very interesting about this is how this patent law is currently affecting other industries and the implications this could have for the tech industry. I am not sure how this will end up affecting the tech industry, I plan on asking in our class about that. I imagine companies will have to be much more on top of their business and register patents and reveal their plans much earlier. 

Blog #7: New Patent Law firm emerges

New Patent Law Firm Emerges

                This article discusses David P. Dureska, Edward T. Kennedy and Brent L. Moore who just formed a new boutique law firm that has formed in Jackson, Mississippi. They have more than 50 years of combined experience in the areas of patents, trademarks, copyrights, trade secrets and related litigation both in the United States and around the world.

                Although this may seem like a very minor issue I think it is a very strong sign of the times. It is clear that it has become well known knowledge that there is a lot money in this patent law and a lot of people are going into it because they foresee more cases in the future. I feel very negatively about this because this is just going to contribute to the patent war greatly and inhibit our nation's overall innovation. We need to curb these cases as lawyers are viewing as opportunities for cash and remodel our patent system so we can inspire innovation, not inhibit it. 

Blog #6: Patent Wars, what are they good for?

Patent Wars: What are they good for?

In class this week we discussed the very hostile field that is patents. These times have been referred to "patent wars" as companies like Apple are spending over $2 billion on just litigation alone. Often times companies are suing one another not even with the intention of winning but just to be able to slow their competitors down. One of the reason the tech field has seen such an explosion in patent lawsuits is because the field is constantly changing and companies have to do whatever it takes to keep up. In 2008 Research in Motion, the creator of Blackberry, was leading the mobile phone industry. Now just 5 years later it is nearly irrelevant in the mobile phone industry. These swift changes has forced companies to try whatever necessary to stay competitive. Sometimes companies have even preferred cease and desist orders instead of being financially compensated because they know this will hurt their competitors much more than just losing cash.

This is frustrating because this is not what a free economy is about. A free economy allows collaboration since everyone will mutually benefit from this. Hopefully more alternatives like the Open Innovators Network will help change this landscape. If everything continues at this rate we will reach a stalemate in which no company will be able to produce a product without violating some patent. 

Blog #5: A New hope for the patent system?

Amid the patent wars, a powerful pact of non-aggression

http://tech.fortune.cnn.com/2013/02/13/amid-the-patent-wars-a-powerful-pact-of-non-aggression/

This was a very interesting and refreshing article given our current times with these "patent wars." This article discusses how IBM's Open Innovation Network has helped soften this very combative patent landscape. OIN was able to accomplish this by using Linux, which is another computer based language that prides itself on others editing each other's work. The group was founded in 2005 and has already passed 500 signatories.  Given a lot more companies have been using Linux (Google Android, most cloud-computing, and websites like Facebook and Amazon), OIN has been extremely successful. It has also been able to stop certain lawsuits specifically by collecting integral patents. When Microsoft sued Salesforce.com OIN was able to lend Salesforce.com two of its patent and the lawsuit was quickly solved outside of court.

I think ideas like this are great, not only for IBM and OIN but for the entire tech industries as a whole. Linux is a computer language based on free innovation among all users. Given Android has roughly 42% of the market, a leader in the mobile device field, this is clearly the successful way of innovating and doing business. If more companies focus less on litigation and working together, then everyone could benefit. 

Blog #4: Apple gets paid!

Apple awarded design patents for slide-to-unlock and original iPhone design

Link: http://appleinsider.com/articles/13/02/05/apple-awarded-design-patents-for-slide-to-unlock-and-original-iphone-design

In a very large victory for Apple, the US Patent and Trademark Office has award Apple the exclusive patents to "slide to unlock" and the original shape of the iPhone. This will have widespread effect not just for Apple but major competitors Samsung and Google as well. This decision comes after a lengthy battle in which Google originally claimed they have right to this patent in German court. All of the companies that have had this similar technology have been willing to compromise with Apple in terms of licensing agreements however neither of these panned out.

This decision will have a huge impact on the industry as a whole as Apple just received a big victory for their brand. By gaining exclusivity rights to these two very unique features, Apple will be able to maintain a competitive advantage and offer consistency in their products. Even more interesting is that even if Apple chooses to abandon these two technologies and stop using them, they still control the patents so Samsung and Google won't be able to use them regardless. This will not be a huge problem for Google and Samsung as long as they are innovative in coming up with alternatives to these two new technologies. These companies can turn this initial setback into a strength for them.

Blog #3: Should we abolish the patent system?

Patent Reform, System Should Be Abolished, Fed Economists Say

Link: http://www.huffingtonpost.com/2013/02/05/patent-reform-economists_n_2623537.html

This article discusses an argument proposed by two economists, Michele Bodrin and David Levine, in which the entire patent system would be abolished in order to encourage development and innovation. Bodrin and Levine argue that with all the new patents and patent laws it is almost impossible for any company, specifically technology to not violate one of these laws. Companies are then discouraged from producing new products since it will just end up causing them money through lawsuits. What makes this issue increasingly worse is that many of these patents are vague and allow companies to sue by leaving them up to interpretation. Bodrin and Levine continued to say that these patents not only hurt our technology but our health as well since they drastically increase the cost of developing new drugs for the overall population.

I understand the points these economists are making and I agree that patent law needs to be reformed, but not completely done away with. We have recently heard about several different cases, specifically in between Samsung and Apple where Samsung violated an Apple patent because they used rounded corners on their phones. To me that is ridiculous because a patent shouldn't force a company into only one other alternative which would be a straight-edged phone. And what if there is a patent on that as well? Is Samsung completely out of luck in being able to create phones then? Specific situations like this are ridiculous and could be mitigated by more regulation and oversight. However, patents still serve a very necessary function in that they do fuel innovation because companies know what they create will be protected by law and not just copied and mass produced. Overall, the patent system needs work but is still very necessary to our country's innovation. 

Blog #2: What I hope to Achieve

What I hope to achieve: 

I hope to achieve a solid background in patents and learning about the process to obtaining a patent. If I ever develop my own product I want to know the pro's and con's of getting a patent. I also decided to take this class to know what the major issues are in the tech industry and what the future is looking like. This knowledge could also help me later on in my career, specifically if one of my clients aspire to own their own product or design. By patenting it I can help maintain their competitive advantage and make sure no one else tries to encroach on their idea. I also hope to work in teams a lot so I can improve my teamwork and leadership. I also enjoy working with people outside of my major because I feel both of us have something unique to contribute. 

Blog #1: About me!

About me:

Hello and welcome to my blog! I am Brandon Curran, a senior at UC Berkeley double majoring in Business Administration and Media Studies. I am also working on obtaining my Certificate in Engineering Leadership. I have aspirations to be a sports agent one day but also want to develop my quantitative abilities which is one of the main reasons I want to receive my CET. I will return to Los Angeles after I graduate to pursue my aspirations. I have always had a natural innate interest in sports and a passion for business as well. Thus pursuing this role as a sports agent allows me to combine two of my passions into a (hopefully) successful career. I have also taken UGBA 196 New Product Design which was cross-listed with Mechnical Engineering so I am a bit familiar with the patenting process but look forward to learning much more. That class gave me a solid base in how the entire product development process works.