Today, MacRumor passes along an analyst's estimate (i.e., rumor) Apple Paid an Estimated $5-$6 Billion to Settle Qualcomm Dispute, Plus $8-$9 Per iPhone in Royalty Fees.
Copyright © 2019 Robert Moll. All rights reserved.
Showing posts with label Apple. Show all posts
Showing posts with label Apple. Show all posts
Thursday, April 18, 2019
Monday, March 18, 2019
Law360 - Qualcomm Wins $31M From Apple In Smartphone Patent Trial
Law360 reports Qualcomm Wins $31M From Apple In Smartphone Patent Trial.
Copyright © 2019 Robert Moll. All rights reserved.
Copyright © 2019 Robert Moll. All rights reserved.
Friday, March 15, 2019
Reuters - U.S. judge rules Qualcomm owes Apple nearly $1 billion rebate payment
The mobile computing patent war never stops (too much money at stake).
This week Reuters reports: "A U.S. federal judge has issued a preliminary ruling that Qualcomm Inc. owes Apple Inc. nearly $1 billion in patent royalty rebate payments, though the decision is unlikely to result in Qualcomm writing a check to Apple because of other developments in the dispute."
As background, Qualcomm threatened to withhold mobile chips if Apple refused to pay a significant increase in the patent royalty rate. I don't think it is the smartest move to attempt to strong arm Apple with patents, but then life is about learning.
As stated in Reuters: "contract factories that built Apple’s iPhones would pay Qualcomm billions of dollars per year for the use of Qualcomm’s patented technology in iPhones, a cost that Apple would reimburse the contract factories for. Separately, Qualcomm and Apple had a cooperation agreement under which Qualcomm would pay Apple a rebate on the iPhone patent payments if Apple agreed not to attack in court or with regulators. In a lawsuit filed two years ago, Apple sued Qualcomm, alleging that the chip supplier had broken the cooperation agreement by not paying nearly $1 billion in patent royalty rebates."
Apple instructed the contract factories to quit paying the royalties to Qualcomm offset the missing rebates.
"Qualcomm in turn alleged that it stopped paying the rebate payments because Apple had broken the agreement by urging other smartphone makers to complain to regulators and making “false and misleading” statements to the Korean Fair Trade Commission, which was investigating Qualcomm over antitrust allegations. Apple responded that it was making lawful responses to regulators in an ongoing investigation."
So mobile computing patent war continues global, and expensive. For now the court has sided with Apple so maybe settlement would be smart especially as Intel moves into position with another source of mobile chips.
For details see U.S. judge rules Qualcomm owes Apple nearly $1 billion rebate payment
Copyright © 2019 Robert Moll. All rights reserved.
This week Reuters reports: "A U.S. federal judge has issued a preliminary ruling that Qualcomm Inc. owes Apple Inc. nearly $1 billion in patent royalty rebate payments, though the decision is unlikely to result in Qualcomm writing a check to Apple because of other developments in the dispute."
As background, Qualcomm threatened to withhold mobile chips if Apple refused to pay a significant increase in the patent royalty rate. I don't think it is the smartest move to attempt to strong arm Apple with patents, but then life is about learning.
As stated in Reuters: "contract factories that built Apple’s iPhones would pay Qualcomm billions of dollars per year for the use of Qualcomm’s patented technology in iPhones, a cost that Apple would reimburse the contract factories for. Separately, Qualcomm and Apple had a cooperation agreement under which Qualcomm would pay Apple a rebate on the iPhone patent payments if Apple agreed not to attack in court or with regulators. In a lawsuit filed two years ago, Apple sued Qualcomm, alleging that the chip supplier had broken the cooperation agreement by not paying nearly $1 billion in patent royalty rebates."
Apple instructed the contract factories to quit paying the royalties to Qualcomm offset the missing rebates.
"Qualcomm in turn alleged that it stopped paying the rebate payments because Apple had broken the agreement by urging other smartphone makers to complain to regulators and making “false and misleading” statements to the Korean Fair Trade Commission, which was investigating Qualcomm over antitrust allegations. Apple responded that it was making lawful responses to regulators in an ongoing investigation."
So mobile computing patent war continues global, and expensive. For now the court has sided with Apple so maybe settlement would be smart especially as Intel moves into position with another source of mobile chips.
For details see U.S. judge rules Qualcomm owes Apple nearly $1 billion rebate payment
Copyright © 2019 Robert Moll. All rights reserved.
Tuesday, January 15, 2019
Venture Beat - Apple and Qualcomm offer billion-dollar sob stories at FTC antitrust trial
In Venture Beat, Jeremy Horwitz reports Apple and Qualcomm offer billion-dollar sob stories at FTC antitrust trial.
The article gives more details on the negotiations leading to the FTC trial than what is described in Wired - The FTC Thinks You Pay Too Much For Smartphones. Here’s Why. For example, the article mentions initially Apple was willing to pay $7.50/phone in 2011 and meet other conditions including advocate against a budding wireless standard WiMax. Then Qualcomm decided to leverage the need for the CDMA chips used by Verizon on the sale of other chips and increase the patent license from $7.50/phone to $8-10/phone plus retain exclusivity. It looks like the "straw that broke the camel's back" as Apple had further developed Intel as a second source for the chips.
Copyright © 2019 Robert Moll. All rights reserved.
The article gives more details on the negotiations leading to the FTC trial than what is described in Wired - The FTC Thinks You Pay Too Much For Smartphones. Here’s Why. For example, the article mentions initially Apple was willing to pay $7.50/phone in 2011 and meet other conditions including advocate against a budding wireless standard WiMax. Then Qualcomm decided to leverage the need for the CDMA chips used by Verizon on the sale of other chips and increase the patent license from $7.50/phone to $8-10/phone plus retain exclusivity. It looks like the "straw that broke the camel's back" as Apple had further developed Intel as a second source for the chips.
Copyright © 2019 Robert Moll. All rights reserved.
Monday, January 14, 2019
Wired - The FTC Thinks You Pay Too Much For Smartphones. Here’s Why
In Wired, The FTC Thinks You Pay Too Much For Smartphones. Here’s Why, FTC is investigating if Qualcomm has committed an antitrust violation (a "tax" on cell phones that drives up prices and hurts competition) in demanding 5% of the value of a cell phone up to $20 max for licensing its patented wireless technology to Apple and Huawei.
From the article:
"Qualcomm charges companies like Apple a set percentage of the total price of a phone in exchange for the right to use its technology, according to the antitrust suit filed by the FTC. The percentages vary, but Qualcomm generally charges 5 percent of the value of a device, up to a maximum of about $20 per device, according to a legal brief filed by Qualcomm. Phone makers like Apple and Huawei argue that Qualcomm demands a larger cut of each phone sale than is fair, but that they pay because Qualcomm essentially threatens to cut off their supply of important wireless chips if they don’t. The FTC describes this as a "tax" on cellular phones that drives up prices and hurts competition.
In court Friday, Apple executive Tony Blevins accused the chipmaker of strong-arm tactics. Blevins said that during negotiations in 2013, Qualcomm president Cristiano Amon told him, "I'm your only choice, and I know Apple can afford to pay it,” CNET reports."
It appears Apple was able to buy its replacement chips from its second source Intel but incurred some delays as it scrambled to integrate the Intel chips to cover for Qualcomm's refusal to reduce its price. It sounds like the mobile computing patent wars have resumed.
Copyright © 2019 Robert Moll. All rights reserved.
From the article:
"Qualcomm charges companies like Apple a set percentage of the total price of a phone in exchange for the right to use its technology, according to the antitrust suit filed by the FTC. The percentages vary, but Qualcomm generally charges 5 percent of the value of a device, up to a maximum of about $20 per device, according to a legal brief filed by Qualcomm. Phone makers like Apple and Huawei argue that Qualcomm demands a larger cut of each phone sale than is fair, but that they pay because Qualcomm essentially threatens to cut off their supply of important wireless chips if they don’t. The FTC describes this as a "tax" on cellular phones that drives up prices and hurts competition.
In court Friday, Apple executive Tony Blevins accused the chipmaker of strong-arm tactics. Blevins said that during negotiations in 2013, Qualcomm president Cristiano Amon told him, "I'm your only choice, and I know Apple can afford to pay it,” CNET reports."
It appears Apple was able to buy its replacement chips from its second source Intel but incurred some delays as it scrambled to integrate the Intel chips to cover for Qualcomm's refusal to reduce its price. It sounds like the mobile computing patent wars have resumed.
Copyright © 2019 Robert Moll. All rights reserved.
Monday, December 10, 2018
CNBC - Apple recovers losses after Chinese court bans sale of most iPhones
The CNBC article Apple recovers losses after Chinese court bans sale of most iPhones tells us Qualcomm was able to get an injunction that bans sale of iPhones in China. A few infringed Qualcomm patents can apparently shut down significant iPhone sales in China. Even if the injunctive relief is overturned this sounds disruptive.
Copyright © 2018 Robert Moll. All rights reserved.
Copyright © 2018 Robert Moll. All rights reserved.
Saturday, June 30, 2018
NY Times - Apple and Samsung End Smartphone Patent War
In Apple and Samsung End Smartphone Patent War, the NY Times argues the patent war that began in 2011 was a waste because the technology is outdated and became largely a fight about money rather than an exclusion of infringing Samsung phones.
This article doesn't make sense to me. Successful tech companies management would not engage in patent litigation unless it was economically rational. So should we jump in after the fact and speculate they after careful consideration wasted time and money? One way to consider if it is wasteful is to take the value of infringing a patent multiplied by the probability of a successful defense. If that product is greater than the cost of defense, the defendant should litigate as a matter of economics. This appears to be Samsung's approach. I am not sure how they conclude hundreds of millions were spent on defense even after seven years of patent litigation. On the other hand, if you own patents like Apple and are a marketplace leader, you would be rational to enforce the patents against others copying or infringing to catch up. Otherwise you encourage many others to free ride off your R&D.
Samsung had seven years of patent litigation and setbacks and victories that should have been opportunities to settle the cases. Yet Samsung didn't and managed to whittle down the damage awards. However, a jury ordered Samsung to pay Apple $539 million for patent infringement in May. This is a large value for infringing the patents, the defense had failed, and shortly after Samsung settles. Santa Clara University law professor Brian Love claims the litigation "didn't really accomplish anything" because "at the end of the day, no products went off the market." I have trouble accepting this "didn't really accomplish anything" given the likelihood substantial money was transferred to Apple in settlement after the $539 million award. Finally, the Apple and Samsung phones contain the patented technologies the article says is long outdated. Again, nothing in the article to support this claim.
Rutgers law professor Michael Carrier saying "the case is likely to serve as a lesson that 'the courtroom is not always the place to try to get ahead" sounds right but to me Apple was not trying to get ahead; Samsung was trying to catch up and decided to infringe/copy patented features and Apple said not so fast and sued after failing to reach a settlement.
Professor Carrier's statement "there’s always the trade-off between litigation and innovation, and in the time these companies spent in the courtroom, they weren’t innovating." This lost time idea might make more sense for a small company but appears inapplicable to Samsung and Apple given that large tech companies largely insulate key innovators from the litigation. Moreover, reasonable litigation of patent rights should protect the incentive to innovate.
Copyright © 2018 Robert Moll. All rights reserved.
This article doesn't make sense to me. Successful tech companies management would not engage in patent litigation unless it was economically rational. So should we jump in after the fact and speculate they after careful consideration wasted time and money? One way to consider if it is wasteful is to take the value of infringing a patent multiplied by the probability of a successful defense. If that product is greater than the cost of defense, the defendant should litigate as a matter of economics. This appears to be Samsung's approach. I am not sure how they conclude hundreds of millions were spent on defense even after seven years of patent litigation. On the other hand, if you own patents like Apple and are a marketplace leader, you would be rational to enforce the patents against others copying or infringing to catch up. Otherwise you encourage many others to free ride off your R&D.
Samsung had seven years of patent litigation and setbacks and victories that should have been opportunities to settle the cases. Yet Samsung didn't and managed to whittle down the damage awards. However, a jury ordered Samsung to pay Apple $539 million for patent infringement in May. This is a large value for infringing the patents, the defense had failed, and shortly after Samsung settles. Santa Clara University law professor Brian Love claims the litigation "didn't really accomplish anything" because "at the end of the day, no products went off the market." I have trouble accepting this "didn't really accomplish anything" given the likelihood substantial money was transferred to Apple in settlement after the $539 million award. Finally, the Apple and Samsung phones contain the patented technologies the article says is long outdated. Again, nothing in the article to support this claim.
Rutgers law professor Michael Carrier saying "the case is likely to serve as a lesson that 'the courtroom is not always the place to try to get ahead" sounds right but to me Apple was not trying to get ahead; Samsung was trying to catch up and decided to infringe/copy patented features and Apple said not so fast and sued after failing to reach a settlement.
Professor Carrier's statement "there’s always the trade-off between litigation and innovation, and in the time these companies spent in the courtroom, they weren’t innovating." This lost time idea might make more sense for a small company but appears inapplicable to Samsung and Apple given that large tech companies largely insulate key innovators from the litigation. Moreover, reasonable litigation of patent rights should protect the incentive to innovate.
Copyright © 2018 Robert Moll. All rights reserved.
Tuesday, November 7, 2017
Joe Mullin - Supreme Court Won't Hear Apple v. Samsung Round Two
In Supreme Court Won't Hear Apple v. Samsung Round Two, Joe Mullin reports that the US Supreme Court has left in place Apple's damage award of $120 million for Samsung's infringement of US Patent No. 8,074,172 (auto correction), US Patent No. 5946647 (quick links), and US Patent No. 8,046,721 (slide-to-unlock).
For background details on this lengthy battle see the Supreme Court of United States blog: Samsung Electronics, Ltd. v. Apple, Inc.
Copyright © 2017 Robert Moll. All rights reserved.
For background details on this lengthy battle see the Supreme Court of United States blog: Samsung Electronics, Ltd. v. Apple, Inc.
Copyright © 2017 Robert Moll. All rights reserved.
Thursday, December 22, 2016
Reuters - Nokia sues Apple for infringing patents, industry back on war footing
Reuters reports "Nokia Corp (NOKIA.HE) said on Wednesday it had filed a number of lawsuits against Apple Inc. (AAPL.O) for violating 32 technology patents, striking back at the iPhone maker's legal action targeting the one-time cellphone industry leader a day earlier.
Nokia's lawsuits, filed in courts in Dusseldorf, Mannheim and Munich, Germany, and the U.S. District Court for the Eastern District of Texas, cover patents for displays, user interfaces, software, antennas, chipsets and video coding."
For more details: Nokia sues Apple for infringing patents, industry back on war footing.
Copyright © 2016 Robert Moll. All rights reserved.
Nokia's lawsuits, filed in courts in Dusseldorf, Mannheim and Munich, Germany, and the U.S. District Court for the Eastern District of Texas, cover patents for displays, user interfaces, software, antennas, chipsets and video coding."
For more details: Nokia sues Apple for infringing patents, industry back on war footing.
Copyright © 2016 Robert Moll. All rights reserved.
Monday, December 12, 2016
US Supreme Court - Apple v. Samsung - Reverses Apple's Award of $399M for Infringement of Apple's Design Patents
In Samsung Electronics Co. Ltd. v. Apple Inc., the US Supreme Court reversed the Federal Circuit's $399 million award to Apple for Samsung's infringement of Apple's design patents.
As background a design patent is limited to "any new, original and ornamental design for an article of manufacture." 35 USC 171. A design patent seeks to protect appearance. When infringement occurs a design patent holder may elect infringer's profits as a remedy. This is sought when profits exceed a reasonable royalty. US patent law states one who "applies the patented design ... to any article of manufacture ... shall be liable to the owner to the extent of his total profit ... but the owner shall not twice recover the profit made from the infringement." 35 USC 289.
Before the Federal Circuit Samsung had argued Apple's design patent applied to the case, while Apple argued it applied to the entire phone. The Federal Circuit agreed the "article of manufacture” was the entire phone, which, of course, includes hardware and software having considerable value.
Based on Samsung's petition for certiorari the Supreme Court agreed to consider the question: Where a design patent is applied to only a component of a product, should an award of infringer's profits be limited to those profits attributable to the component?
Before the Supreme Court Samsung argued the Federal Circuit held a district court need not exclude unprotected functional features from a design patent's protected ornamental scope and a design-patent holder is entitled to an infringer's entire profits from sales of any product found to contain a patented design without regard to the design's contribution to that product's value or sales, resulting in an award in profits far beyond the value of any inventive contribution.
The Supreme Court was persuaded and held Apple’s patented design applied to the case rather than the entire phone and more broadly stated the "article of manufacturer" may mean not the end product (i.e., phone) sold to consumers but a component of the end product.
The Supreme Court's decision to reverse an award based on Samsung's profit on its entire phone makes sense because to hold otherwise ignores the value of the hardware/software. What's missing in this decision, however, is guidance on how to determine the value of the case. I think the court should determine that value in light of the fact people give importance to how a smartphone looks, which of course is why more than Apple chose to go with the patented design.
Also see my related post: Supreme Court - Apple v. Samsung - SCOTUS Blog - Justices cautious about resolving Samsung-Apple dispute over design of cell phones.
Copyright © 2016 Robert Moll. All rights reserved.
As background a design patent is limited to "any new, original and ornamental design for an article of manufacture." 35 USC 171. A design patent seeks to protect appearance. When infringement occurs a design patent holder may elect infringer's profits as a remedy. This is sought when profits exceed a reasonable royalty. US patent law states one who "applies the patented design ... to any article of manufacture ... shall be liable to the owner to the extent of his total profit ... but the owner shall not twice recover the profit made from the infringement." 35 USC 289.
Before the Federal Circuit Samsung had argued Apple's design patent applied to the case, while Apple argued it applied to the entire phone. The Federal Circuit agreed the "article of manufacture” was the entire phone, which, of course, includes hardware and software having considerable value.
Based on Samsung's petition for certiorari the Supreme Court agreed to consider the question: Where a design patent is applied to only a component of a product, should an award of infringer's profits be limited to those profits attributable to the component?
Before the Supreme Court Samsung argued the Federal Circuit held a district court need not exclude unprotected functional features from a design patent's protected ornamental scope and a design-patent holder is entitled to an infringer's entire profits from sales of any product found to contain a patented design without regard to the design's contribution to that product's value or sales, resulting in an award in profits far beyond the value of any inventive contribution.
The Supreme Court was persuaded and held Apple’s patented design applied to the case rather than the entire phone and more broadly stated the "article of manufacturer" may mean not the end product (i.e., phone) sold to consumers but a component of the end product.
The Supreme Court's decision to reverse an award based on Samsung's profit on its entire phone makes sense because to hold otherwise ignores the value of the hardware/software. What's missing in this decision, however, is guidance on how to determine the value of the case. I think the court should determine that value in light of the fact people give importance to how a smartphone looks, which of course is why more than Apple chose to go with the patented design.
Also see my related post: Supreme Court - Apple v. Samsung - SCOTUS Blog - Justices cautious about resolving Samsung-Apple dispute over design of cell phones.
Copyright © 2016 Robert Moll. All rights reserved.
Sunday, October 9, 2016
Apple loses patent retrial to VirnetX, owes $302.4 million
On September 30, a federal jury ordered Apple to pay $302.4 million for its infringement of VirnetX's patents relating to virtual private networks and secure communications links.
This retrial occurred after Judge Schroeder vacated VirnetX's $625.6 million win over Apple in a previous trial, because jurors may have been confused. The patents are complex, and even if not it appears patent litigation with big money at stake is likely to stretch for years. As noted, Apple's continued fight may have saved over $300 million less its attorney's fees.
For further details see Reuters Apple loses patent retrial to VirnetX, owes $302.4 million
Copyright © 2016 Robert Moll. All rights reserved.
This retrial occurred after Judge Schroeder vacated VirnetX's $625.6 million win over Apple in a previous trial, because jurors may have been confused. The patents are complex, and even if not it appears patent litigation with big money at stake is likely to stretch for years. As noted, Apple's continued fight may have saved over $300 million less its attorney's fees.
For further details see Reuters Apple loses patent retrial to VirnetX, owes $302.4 million
Copyright © 2016 Robert Moll. All rights reserved.
Friday, October 7, 2016
Federal Circuit - Apple v. Samsung - Apple Wins Appeal Reinstating $199.6M Samsung Verdict
Today in Apple v. Samsung Electronics the Federal Circuit reinstated a $199.6M jury verdict for Samsung's infringement of Apple's US Patent Nos. 5,946,647, 8,046,721, and 8,074,172 because the verdict was supported by substantial evidence in the record and the trial court didn't err in denying Samsung's judgment as a matter of law (JMOL).
The Federal Circuit stated it must limit its appellant function to the trial court's record:
"We granted Apple's en banc petition to affirm our understanding of the appellate function as limited to deciding the issues raised on appeal by the parties, deciding these issues only on the basis of the record made below, and as requiring appropriate deference be applied to the review of fact findings. There was no need to solicit additional briefing or argument on the question of whether an appellate panel can look to extra-record extrinsic evidence to construe a patent claim term. “The Supreme Court made clear that the factual components [of claim construction] include ‘the background science or the meaning of a term in the relevant art during the relevant time period.’” Teva Pharms., Inc. v. Sandoz, Inc., 789 F.3d 1335, 1342 (Fed. Cir. 2015) (quoting Teva Pharms., Inc. v. Sandoz, Inc., 135 S. Ct. 831, 841 (2015)). After Teva, such fact findings are indisputably the province of the district court. ... We likewise did not need additional briefing or argument to determine that the appellate court is not permitted to reverse fact findings that were not appealed or that the appellate court is required to review jury fact findings when they are appealed for substantial evidence. The panel reversed nearly a dozen jury fact findings including infringement, motivation to combine, the teachings of prior art references, commercial success, industry praise, copying, and long-felt need across three different patents. It did so despite the fact that some of these findings were not appealed and without ever mentioning the applicable substantial evidence standard of review. And with regard to objective indicia, it did so in ways that departed from existing law.
The dissents, and Judge Dyk’s dissent in particular, raise big questions about how aspects of the obviousness doctrine ought to operate. But no party—at the panel or the petition for rehearing en banc stage—invited this court to consider changing the existing law of obviousness. We did not take this case en banc to decide important legal questions about the inner workings of the law of obviousness."
See Gene Quinn's IP Watchdog article Federal Circuit recognizes its role as only an appellate court in Apple v. Samsung and Susan Decker's Bloomberg article Apple Wins Appeal Reinstating $199.6M Samsung Verdict.
Copyright © 2016 Robert Moll. All rights reserved.
The Federal Circuit stated it must limit its appellant function to the trial court's record:
"We granted Apple's en banc petition to affirm our understanding of the appellate function as limited to deciding the issues raised on appeal by the parties, deciding these issues only on the basis of the record made below, and as requiring appropriate deference be applied to the review of fact findings. There was no need to solicit additional briefing or argument on the question of whether an appellate panel can look to extra-record extrinsic evidence to construe a patent claim term. “The Supreme Court made clear that the factual components [of claim construction] include ‘the background science or the meaning of a term in the relevant art during the relevant time period.’” Teva Pharms., Inc. v. Sandoz, Inc., 789 F.3d 1335, 1342 (Fed. Cir. 2015) (quoting Teva Pharms., Inc. v. Sandoz, Inc., 135 S. Ct. 831, 841 (2015)). After Teva, such fact findings are indisputably the province of the district court. ... We likewise did not need additional briefing or argument to determine that the appellate court is not permitted to reverse fact findings that were not appealed or that the appellate court is required to review jury fact findings when they are appealed for substantial evidence. The panel reversed nearly a dozen jury fact findings including infringement, motivation to combine, the teachings of prior art references, commercial success, industry praise, copying, and long-felt need across three different patents. It did so despite the fact that some of these findings were not appealed and without ever mentioning the applicable substantial evidence standard of review. And with regard to objective indicia, it did so in ways that departed from existing law.
The dissents, and Judge Dyk’s dissent in particular, raise big questions about how aspects of the obviousness doctrine ought to operate. But no party—at the panel or the petition for rehearing en banc stage—invited this court to consider changing the existing law of obviousness. We did not take this case en banc to decide important legal questions about the inner workings of the law of obviousness."
See Gene Quinn's IP Watchdog article Federal Circuit recognizes its role as only an appellate court in Apple v. Samsung and Susan Decker's Bloomberg article Apple Wins Appeal Reinstating $199.6M Samsung Verdict.
Copyright © 2016 Robert Moll. All rights reserved.
Tuesday, March 1, 2016
Federal Circuit - Apple v. Samsung - Obviousness
In Apple v. Samsung, the Federal Circuit reversed a jury verdict awarding Apple $119 million and invalidated two Apple's patents for obviousness on February 26, 2016.
The Federal Circuit held the asserted claims of US Patent No. 8,046,721 (slide-to-unlock) and US Patent No. 8,074,172 (automatic spell correction) would have been obvious given: (1) a strong prima facie case of obviousness (claims reciting a predictable use of prior art elements according to established functions), and (2) weak evidence of secondary considerations. For details see pages 14-35 of the opinion.
Copyright © 2016 Robert Moll. All rights reserved.
The Federal Circuit held the asserted claims of US Patent No. 8,046,721 (slide-to-unlock) and US Patent No. 8,074,172 (automatic spell correction) would have been obvious given: (1) a strong prima facie case of obviousness (claims reciting a predictable use of prior art elements according to established functions), and (2) weak evidence of secondary considerations. For details see pages 14-35 of the opinion.
Copyright © 2016 Robert Moll. All rights reserved.
Saturday, August 22, 2015
San Jose Mercury News - Apple v. Samsung: Court Rejects Latest Appeal
If you are interested on the latest on the Apple and Samsung patent infringement battle, the San Jose Mercury News reports Apple v. Samsung: Court Rejects Latest Appeal.
Copyright © 2015 Robert Moll. All rights reserved.
Copyright © 2015 Robert Moll. All rights reserved.
Monday, January 12, 2015
WSJ - IBM Wins Most Patents — Again — but Google and Apple Climb in Rankings
Tonight, I suggest reading the Wall Street Journal article: IBM Wins Most Patents — Again — but Google and Apple Climb in Rankings.
Copyright © 2015 Robert Moll. All rights reserved.
Copyright © 2015 Robert Moll. All rights reserved.
Tuesday, January 6, 2015
USA Today - Tech firm Monster sues Beats and founders Dre and Iovine
Tonight, I suggest reading the USA Today article Tech firm Monster sues Beats and founders Dre and Iovine.
"The suit claims that Iovine and Dre (Andre Young) committed fraud in pirating the headphones away from Lee and Monster.
The suit, filed in San Mateo (Calif.) County Superior Court, charges that the Beats co-founders concealed the role of Monster and Lee in designing and engineering the headphone line, as well as educating them about engineering, manufacturing, distributing and selling the headphones that Monster and Lee invented."
The article doesn't give a link to the complaint or mention a patent infringement claim. Could it be that Monster was so busy inventing this new category of $300+ headphones that it had no time to seek patent protection?
Copyright © 2015 Robert Moll. All rights reserved.
"The suit claims that Iovine and Dre (Andre Young) committed fraud in pirating the headphones away from Lee and Monster.
The suit, filed in San Mateo (Calif.) County Superior Court, charges that the Beats co-founders concealed the role of Monster and Lee in designing and engineering the headphone line, as well as educating them about engineering, manufacturing, distributing and selling the headphones that Monster and Lee invented."
The article doesn't give a link to the complaint or mention a patent infringement claim. Could it be that Monster was so busy inventing this new category of $300+ headphones that it had no time to seek patent protection?
Copyright © 2015 Robert Moll. All rights reserved.
Friday, November 28, 2014
MIT Technology Review - Steve Jobs Lives on at the Patent Office
Tonight, I recommend reading Antonio Regalado's article in MIT Technology Review:
Steve Jobs Lives on at the Patent Office.
As stated: "Years after his death, the former Apple CEO still wins patents." It is amazing that he is an inventor on 458 US patents (141 posthumously awarded). Some in the article questioned Steve Jobs role as a joint inventor, but the law only requires an inventive contribution. Beside Mr. Jobs' ability to collaborate with many others is a strength. It is also difficult to argue against his innovative contribution and influence on a tech company brought back from the brink in 1990s to the most valuable corporation in the nation building one of the largest US patent portfolios.
Copyright © 2014 Robert Moll. All rights reserved.
As stated: "Years after his death, the former Apple CEO still wins patents." It is amazing that he is an inventor on 458 US patents (141 posthumously awarded). Some in the article questioned Steve Jobs role as a joint inventor, but the law only requires an inventive contribution. Beside Mr. Jobs' ability to collaborate with many others is a strength. It is also difficult to argue against his innovative contribution and influence on a tech company brought back from the brink in 1990s to the most valuable corporation in the nation building one of the largest US patent portfolios.
Copyright © 2014 Robert Moll. All rights reserved.
Friday, August 8, 2014
WSJ Article - Bose Sues Beats Over Noise-Cancelling Patents
The WSJ article reports that Bose Sues Beats Over Noise-Cancelling Patents:
"Bose is suing Beats Electronics, the headphone and speaker maker that Apple agreed to acquire for $3 billion earlier this year, for infringing on patents related to its noise-cancelling technology."
"Bose filed the lawsuit on Friday in U.S. District Court in Delaware, saying that Beats – known for its colorful and flashy headphones – had infringed on five of its patents pertaining to its noise-cancelling headphones. Bose also filed a complaint to the U.S. International Trade Commission, seeking to halt the sale and import of certain Beats products."
I have not studied the merits of this suit, but it seems the delay in filing the suits won't help. Bose must have known of the infringement before the acquisition by Apple and if so, lost an opportunity to get a favorable settlement and now faces a very experienced patent defense team.
Copyright © 2014 Robert Moll. All rights reserved.
"Bose is suing Beats Electronics, the headphone and speaker maker that Apple agreed to acquire for $3 billion earlier this year, for infringing on patents related to its noise-cancelling technology."
"Bose filed the lawsuit on Friday in U.S. District Court in Delaware, saying that Beats – known for its colorful and flashy headphones – had infringed on five of its patents pertaining to its noise-cancelling headphones. Bose also filed a complaint to the U.S. International Trade Commission, seeking to halt the sale and import of certain Beats products."
I have not studied the merits of this suit, but it seems the delay in filing the suits won't help. Bose must have known of the infringement before the acquisition by Apple and if so, lost an opportunity to get a favorable settlement and now faces a very experienced patent defense team.
Copyright © 2014 Robert Moll. All rights reserved.
Sunday, May 18, 2014
WSJ Apple Got Sued the Most Over Patents Last Year
On May 16, the WSJ reports Data Point: Apple Was Sued the Most Over Patents in 2013. In 2013, Apple was sued 59 times and Amazon 50 times for U.S. patent infringement.
Copyright © 2014 Robert Moll. All rights reserved.
Copyright © 2014 Robert Moll. All rights reserved.
Friday, May 16, 2014
Apple and Google Settle Patent Infringement Cases
Today, Reuters reports Apple, Google settle smartphone patent litigation. Apple and Google did not agree to cross-licensing any IP so this doesn't preclude other patent infringement cases.
Copyright © 2014 Robert Moll. All rights reserved.
Copyright © 2014 Robert Moll. All rights reserved.
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