Thursday, February 27, 2014
Spring is Patent Conference Time
This week has been a busy week in the patent world. Typically, springtime is when many of the major patent intellectual property law conferences. This past Monday, the University of California Hastings College of the Law, Berkeley Center for Law and Technology, and Hogan Lovells hosted a one day summit on "Law in the Global Marketplace: Intellectual Property and Related Issues." Speakers for the summit included various judges and patent counsel members. Today and Friday, the Northwestern Journal of Intellectual Property is hosting its annual symposium that typically attracts a large audience due to its high profile speakers and action-packed agenda.
The fact that conferences like these happen fairly reasonably occur across the country, shows that people understand that intellectual property needs to be continuously evaluated in a fast-changing technological economy. Especially in light of recent high-profile courtroom cases, it is nice to see judges and patent counsel members as keynote speakers, to enlighten the general population on patent litigation. Another positive feature of both conferences is their dedication to keeping a globally sensitive perspective. Intellectual property has become a huge deal in many countries around the world, and being able to analyze the similarities and differences of various countries is important.
(Information obtained from http://patentlyo.com/patent/2014/02/upcoming-conferences-next.html)
The fact that conferences like these happen fairly reasonably occur across the country, shows that people understand that intellectual property needs to be continuously evaluated in a fast-changing technological economy. Especially in light of recent high-profile courtroom cases, it is nice to see judges and patent counsel members as keynote speakers, to enlighten the general population on patent litigation. Another positive feature of both conferences is their dedication to keeping a globally sensitive perspective. Intellectual property has become a huge deal in many countries around the world, and being able to analyze the similarities and differences of various countries is important.
(Information obtained from http://patentlyo.com/patent/2014/02/upcoming-conferences-next.html)
Industry Urges European Union Against Patent Trolls
Although they are involved in the most patent litigation around the world, Apple and Samsung can agree on one thing: patent trolls are not doing their part to increase innovation in the technology landscape. And for both companies, this is not just lip service for the majority of the tech community that is getting fed up with patent trolls. They were both involved in an impressive list of companies that were signatories on a letter to European policy-makers, warning against the dangers in creating a landscape in which patent trolls can thrive. In the letter, the companies expressed the importance of an effective and balanced unified patent system. This likely came partially in response to a growing number of patent troll cases in the United States in recent times.
Personally, I think this is a great step for technology innovation around the world. Although it is just a letter and not policy change quite yet, the fact that it is backed by some of the largest technology firms in the world will increase the validity and attention given to the request. Based on sources, there is about an even split in the European Commission when it comes to those that want to see patent reform and those that want to see an increase in patent litigation. If policy change does end up happening, it will be a great step in the right direction. And even further, if this shows positive results, the changes will be a great example for countries around the world that face similar issues.
(Information obtained from http://www.fosspatents.com/2014/02/growing-industry-coalition-urges-eu.html)
Personally, I think this is a great step for technology innovation around the world. Although it is just a letter and not policy change quite yet, the fact that it is backed by some of the largest technology firms in the world will increase the validity and attention given to the request. Based on sources, there is about an even split in the European Commission when it comes to those that want to see patent reform and those that want to see an increase in patent litigation. If policy change does end up happening, it will be a great step in the right direction. And even further, if this shows positive results, the changes will be a great example for countries around the world that face similar issues.
(Information obtained from http://www.fosspatents.com/2014/02/growing-industry-coalition-urges-eu.html)
Friday, February 21, 2014
Apple and Samsung...Yet Again
After presiding over multiple patent litigation cases between these two tech giants, Judge Lucy Koh became informed that the CEO's of both companies would actually come together with a mediator and try to come to settlements on their own. This came after Koh's court actually asked that these companies try to reach a settlement before their next major trial on March 31 in San Jose.
Early media reports actually stated that these companies did in fact meet but that the CEO's were unable to reach a settlement after their first session, probably an outcome that most could have predicted. However, the lines of communication have apparently not been cut. The companies actually are continuing to talk (with a mediator of course). Both companies have made statements that they are willing to do this for however long it takes.
What makes this difficult, is the fact that this is not just a state matter, but a global dispute. Each company has a plan for a certain geographic area and it becomes hard to generalize an overarching plan for all different areas. Therefore, it appears that the companies will require even more guidance from courts, which tells us that we should not expect an agreement in the near future. It is likely that the March lawsuit, and possibly subsequent lawsuits, will indeed occur. Nonetheless, if the companies can come up with a settlement anytime in the next 5 years, both companies will be spared precious time and money as the smartphone industry reaches new heights.
(Information obtained from http://www.fosspatents.com/2014/02/apple-samsung-confirm-failure-of.html)
Early media reports actually stated that these companies did in fact meet but that the CEO's were unable to reach a settlement after their first session, probably an outcome that most could have predicted. However, the lines of communication have apparently not been cut. The companies actually are continuing to talk (with a mediator of course). Both companies have made statements that they are willing to do this for however long it takes.
What makes this difficult, is the fact that this is not just a state matter, but a global dispute. Each company has a plan for a certain geographic area and it becomes hard to generalize an overarching plan for all different areas. Therefore, it appears that the companies will require even more guidance from courts, which tells us that we should not expect an agreement in the near future. It is likely that the March lawsuit, and possibly subsequent lawsuits, will indeed occur. Nonetheless, if the companies can come up with a settlement anytime in the next 5 years, both companies will be spared precious time and money as the smartphone industry reaches new heights.
(Information obtained from http://www.fosspatents.com/2014/02/apple-samsung-confirm-failure-of.html)
Microsoft Announces Newest Licensee
Over the last month, Microsoft has announced four royalty-bearing license agreements that will likely increase their profits significantly. Three of the four deals actually settled pending patent litigation issues, which allows both companies to save the money that would normally be spent paying lawyers over the course of the lawsuit. The terms of all the agreements are currently confidential but statements did say that the licensees will receive more broad coverage protected under Microsoft's vast patent portfolio, allowing them the freedom to sell these specific products without fear of being sued in the near future.
The latest company to sign on as a licensee with Microsoft is Voxx electronics, which is a popular consumer electronics producer. Not only is this a beneficial move for both companies to some degree, it is a worldwide agreement, which increases the freedom even further. Both these companies actually have a history together, which made the deal more smooth and natural. Microsoft has become known for its various licensing agreements and, with the fact that they are still a high-profit company, it seems like these deals they have been making have been paying off.
It is a breath of fresh air to see companies come together to form these deals rather than try and troll each other in patent litigation. Agreements like these allow both companies to innovate and sell their products freely, both which end up benefiting the consumer.
(Information obtained from http://www.fosspatents.com/2014/02/microsoft-announces-its-21st-android.html)
The latest company to sign on as a licensee with Microsoft is Voxx electronics, which is a popular consumer electronics producer. Not only is this a beneficial move for both companies to some degree, it is a worldwide agreement, which increases the freedom even further. Both these companies actually have a history together, which made the deal more smooth and natural. Microsoft has become known for its various licensing agreements and, with the fact that they are still a high-profit company, it seems like these deals they have been making have been paying off.
It is a breath of fresh air to see companies come together to form these deals rather than try and troll each other in patent litigation. Agreements like these allow both companies to innovate and sell their products freely, both which end up benefiting the consumer.
(Information obtained from http://www.fosspatents.com/2014/02/microsoft-announces-its-21st-android.html)
Friday, February 14, 2014
Google Sells Motorola Mobility
On January 29, 2014, after just a year and a half of working together, Google announced that it was going to sell the Motorola Mobility smartphone division to Chinese manufacturer Lenovo for nearly $10 billion less than they purchased the unit for. Since the acquisition was so short lived, it is worth looking into why exactly Google would buy and sell this division so quickly. This is Google we are talking about. They always seem to have some master plan that ends up with them increasing their profits.
Although it was enticing for Google to have a specific hardware division to go along with their world-class software development, their main goal for purchasing the Motorola Mobility division was to gain leverage on companies such as Apple and Microsoft in the patent litigation cases. From that standpoint, although they "lost" $10 billion in the sale, they gained an equally or more valuable patent portfolio that will allow them to hold their own in these lawsuits.
On another note, Google CEO Larry Page realized that the smartphone market exceeded the competitiveness that Google wanted to partake in, if they were to continue manufacturing phones. The move will allow Google to make huge ripples in the Android ecosystem with more flexibility and freedom, something that has been at the heart of Google's expertise for years now. To prove that the $10 billion "loss" was in fact a gain, Google's shares actually rose 2% immediately following the deal.
Google Acquires Microsoft Mobility
In May 2012, Google revealed that they were going to acquire Motorola Mobility, which was previously based in Illinois. Because this was a deal between two of the larger tech companies, it did cause people to question the benefits and motives of the deal for both sides. When the deal was struck, Google came out with a statement about why they purchased this specific division of Motorola. With the power of two large companies with seemingly infinite manpower and resources, they would be able to increase the rate of innovation, which would allow their customers to receive quality mobile phones for cheaper and cheaper prices. In addition, Motorola had a patent portfolio that was very enticing to Google due to the sharp increase in patent litigation cases in the smartphone landscape. This portfolio would grant higher levels of protection for the Androids on the market.
While the deal did make sense, one may ask why specifically Motorola as opposed to the 5-10 other large mobile developing companies? Because Motorola was fully committed to Android, it was a great fit for both sides and the transition would be more seamless. In addition, both companies were not as strong in their counterpart's major area of expertise. Motorola had expertise in devices, while Google had the expertise in developing software for these devices. For all of these reasons, the acquisition seemed like a no-brainer for both companies and went through without much resistance from either side.
While the deal did make sense, one may ask why specifically Motorola as opposed to the 5-10 other large mobile developing companies? Because Motorola was fully committed to Android, it was a great fit for both sides and the transition would be more seamless. In addition, both companies were not as strong in their counterpart's major area of expertise. Motorola had expertise in devices, while Google had the expertise in developing software for these devices. For all of these reasons, the acquisition seemed like a no-brainer for both companies and went through without much resistance from either side.
Friday, February 7, 2014
HTC vs. Nokia (UK)
In December 2013, the court of appeal in the United Kingdom allowed HTC to avoid a sales ban for some of their best-selling phones. This came after the court halted an injunction which was brought to the table by Nokia regarding what they believed to be patent infringement. However, the arguably bigger decision is still yet to come. If the court decides that the patent in question is in fact valid, then HTC may end up having to pay Nokia millions of dollars for products they have sold in Europe. The decision will likely come in the next year. For now, HTC is trying to design their new products so that they don't infringe upon Nokia's patents and have to face similar lawsuits in the future.
This decision is crucial, as Europe has become the major market for both companies following their recent struggles in the United States. Although this is only one of many court battles over Nokia's patents, each one has become very important. For HTC, they need to keep their handset sales high to keep sustainable levels of market share. But, according to Nokia, these handsets are allowing HTC "to benefit from its unauthorised and uncompensated use of Nokia inventions." This decision could change the trajectory for both companies, specifically in their European markets.
This decision is crucial, as Europe has become the major market for both companies following their recent struggles in the United States. Although this is only one of many court battles over Nokia's patents, each one has become very important. For HTC, they need to keep their handset sales high to keep sustainable levels of market share. But, according to Nokia, these handsets are allowing HTC "to benefit from its unauthorised and uncompensated use of Nokia inventions." This decision could change the trajectory for both companies, specifically in their European markets.
Rockstar vs. Google
A very interesting onslaught of patent lawsuits were launched against Google and related Android partners in November 2013. As opposed to the "conventional" lawsuit of one company facing off against another company, a team of tech giants consisting of Microsoft, Apple, Blackberry, Sony, and Ericsson decided to come together to try and take down Google. They named themselves Rockstar. The lawsuits touch upon a portfolio of more than 6,000 patents that span a wide range of technologies from search engines to 4G communication. The decision on this lawsuit could be huge for the smartphone landscape as Google and its partners have been doing quite well as of late.
Because the global mobile market is expected to be worth over $340 billion dollars in 2015, with smartphones being the majority of the market share, the decision on this string of lawsuits could define the company that succeeds most over the next 5-10 years. It is interesting that these giant companies are willing to band together to take down a fellow giant, regardless of partnerships in other areas. After the patent lawsuit waters became relatively calm in 2009, this has reinvigorated the smartphone patent warfare.
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