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.