IntellectualProperty
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‘Stranger Things’ plagiarism lawsuit heads to trial
A lawsuit that accuses Stranger Things creators Matt and Ross Duffer of stealing the idea for the hit Netflix show is headed for a jury trial. A judge for the Los Angeles Superior Court this week denied a motion for summary judgment from the Duffer Brothers. The trial is scheduled to begin on May 6th.
Chinese draft law would prevent forced technology transfers
China might be prepared to further cool the US trade war. Legislators have submitted a draft law that would ban forced technology transfers, one of the objections that prompted the Trump administration to slap tariffs on China in the first place. The proposed measure instead "encourages" voluntary transfers. It would also have a "negative list" that would treat anything outside of that list as if it were a domestic investment, lifting some of the legal burden on foreign companies.
Nine people charged with selling Samsung's curved display tech
Prosecutors in South Korea have indicted nine people and two companies for allegedly selling Samsung's curved-edge OLED display tech (which it uses in its flagship Galaxy phones) to a company in China. The CEO of Samsung supplier Toptec Co Ltd was among three people arrested over the scheme. Prosecutors say he and eight employees received about $13.8 million for the intellectual property.
US semiconductor company claims Huawei tried to steal its technology
Huawei has faced quite a bit of pushback in the US as lawmakers and government agencies continue to claim the company and its potential connections to the Chinese government pose a security threat to the country. But the company is also now receiving pressure from California-based firm CNEX Labs, which claims Huawei has been trying to steal its intellectual property for years. The accusations were made this week as part of an ongoing lawsuit Huawei has brought against CNEX, the Wall Street Journal reports.
Microsoft vows to let partner companies keep their patents
Microsoft has launched a new policy that means its tech customers will keep hold of any patent rights that come out of its partnerships. In a blog post, Microsoft president Brad Smith explained that the Shared Innovation Initiative is designed to reassure customers that the company won't use the knowledge gleaned from joint ventures to "enter their customer's market and compete against them."
BlackBerry sues Snap over map and messaging patents
Facebook isn't the only company facing a patent lawsuit filed by BlackBerry: the Canadian mobilemaker has also sued Snap for patent infringement. BlackBerry is accusing Snap of infringing on six of its patents issued between 2012 and 2014, two of which are also in its complaint against Facebook. According to the court documents Mashable found, those infringement claims affect Snap Map and the ephemeral app's messaging technology, which BlackBerry says copies the tech it uses for BBM. In BlackBerry's complaint against Facebook, it said it invented the core aspects of modern messaging, so it's not surprising that that particular aspect is also part of its lawsuit against Snap.
Judge rules Canada's de-indexing order won't apply to Google in the US
For the past few years, Google has been the subject of a legal debate in Canada, one aiming to determine whether Canadian court rulings regarding the internet are applicable just in Canada or should be enforceable worldwide owing to the borderless nature of the web. In June, the Canadian Supreme Court decided that they should be enforced globally, but a US federal judge has now weighed in, and at least in this particular case, the Canadian ruling won't apply in the US.
Nokia and Apple end their patent fight and become health allies
Over recent months, Apple has been embroiled lawsuits related to patent licensing. While its fight with Qualcomm continues to rumble on, the company confirmed today that it's resolved one of its major disputes by signing a multi-year agreement with Nokia to utilize its intellectual property.
Swatch's provocative 'Tick different' slogan has Apple riled
We don't know when exactly Apple and Swatch first had a falling out, but trademark disputes seem to be the stage both have chosen to publicly acknowledge their strained relationship. In the latest example of this, Apple is challenging Swatch's "Tick different" trademark, which features in marketing campaigns for its Bellamy range of simple, analog watches that include NFC for contactless payments. Apple is arguing the phrase is too similar to its now-retired "Think different" slogan, thus causing confusion among consumers.
Mark Zuckerberg defends Oculus in court against VR rival
Facebook founder Mark Zuckerberg was grilled in court this morning over the creation of the Oculus Rift VR headset, as part of a $2 billion lawsuit brought by ZeniMax Media. ZeniMax -- the owner of Bethesda Softworks, id Software and other video game studios -- says Oculus chief technology officer John Carmack stole ZeniMax's intellectual property when he left the company in 2013. Essentially, ZeniMax argues that it owns the technological foundation behind the Oculus Rift VR headset. Zuckerberg purchased Oculus in 2014 in a deal estimated to be worth $2.3 billion -- and as he made clear on the stand this morning, he disagrees entirely with ZeniMax's claims.
Mark Zuckerberg will testify in Oculus VR lawsuit this week (update)
Mark Zuckerberg is heading to a Dallas court to testify in an ongoing lawsuit filed against Oculus, the VR company Facebook purchased for $2.3 billion. ZeniMax, the parent company of Doom developer id Software, claims that Oculus CTO John Carmack took its intellectual property when he left the company in 2013. Zuckerberg will testify in the suit tomorrow (January 17th), and Oculus co-founder (and noted recluse) Palmer Luckey is also set to testify later in the week.
Apple can never release an 'iWatch' in the UK
Long before Apple actually launched its first wearable, a trademarking spree sent the rumour mill into overdrive. Understandably so, because what else could an "iWatch" be? The Swiss clocksmiths at Swatch weren't best pleased with this application, however, challenging the filing with the UK's Intellectual Property Office (IPO) in 2014. The IPO recently brought an end to the dispute, siding with Swatch in its opposition of the trademark. It doesn't really matter now, of course, with the Apple Watch already in its second generation. But, if the company ever wanted to launch an iWatch? Well, it can't.
WiLAN loses lawsuit against Apple over cellular data patents
WiLAN has made a solid business out of suing the wireless industry over alleged patent violations, coaxing settlements out of HTC, Novatel and four other heavyweights. It won't get any money from Apple, though, as an Eastern District of Texas court has ruled that the iPhone maker didn't infringe on a WiLAN patent covering CDMA and HSPA data transmissions. The court also invalidated two claims in the patent, which makes it that much harder for WiLAN to sue others. Apple isn't completely out of the woods when the plaintiff is "reviewing its options." However, we suspect that the case doesn't have a leg to stand on -- especially not in a legal climate that's increasingly hostile toward patent trolls.
Google loads up non-assertion pledge with 79 more patents
In an attempt to live up to its age-old motto to not be evil, Google has just added 79 more patents to its Open Patent Non-Assertion (OPN) Pledge. Enacted in March of this year, the pact was designed to encourage open-source software development, and consists of patents the Mountain View company won't use to sue anyone unless first attacked. While the first set of patents had to deal with large data sets, these additional ones were acquired from IBM and CA Technologies and consist of software used to run data centers, such as middleware and distributed database management. The technologies included in the OPN Pledge has so far been of the back-end variety, but the search giant claims that it'll add more consumer-facing patents to the pledge in the future. Google might not ever be completely free from the dark side, but gestures like these could go a long way in earning good will -- especially in an age of heavy back-to-back lawsuits. For those who want to delve head-first into the legalese, hit up the patent link below.
Patent challengers must prove they have a 'significant presence' in the US: ITC
The International Trade Commission has become increasingly tired of all the patent mischief it's forced to deal with, just as we've become tired of reporting on it. That's why its latest defense against time-wasters could potentially be a very good idea. According to Reuters, the ITC will soon demand upfront proof that the complainant in a patent case has a "significant presence in the United States" and isn't merely a fly-by-night outfit created for the purpose of pursuing litigation. The new rule has already been trialed in a pilot program, and Google, Intel, HP and others have voiced their support. It can't fix everything, of course, since major companies will still be able to game the system to hamper their rivals, but with the FTC and the White House also taking steps to subject "patent-assertion entities" to greater scrutiny, it feels like the wheels of government may be starting to catch up with the trolls.
Apple's head of Patent Licensing & Strategy departs for calmer waters
The man in the unenviable position of being deeply involved with Apple's ongoing patent infringement litigation with a number of companies has left Apple. AppleInsider reports that Boris Teksler, formerly Apple's head of Patent Licensing & Strategy, has taken a new job as president of the Technology Group at Technicolor. Teksler testified on behalf of Apple in its US patent infringement suit with Samsung last year, revealing that he warned Steve Jobs and Tim Cook in 2010 that a number of Apple patents might have been infringed upon by Samsung. Teksler outlined the potential infringements to the Apple execs in a presentation showing that "rubber-banding," gesture heuristics and email threading were all appearing on Samsung products. As a result of Teksler's presentation, Jobs and Cook met with Samsung executives in an attempt to reach a licensing agreement. That fell through, resulting in the patent battles still going on worldwide. Teksler has a tremendous history in the world of intellectual property. Before working for Apple, he co-founded HP's Intellectual Property Licensing business while working at the venerable Silicon Valley company for 16 years. At Technicolor, Teksler will help the company in making the most of its intellectual property assets.
Officers' Quarters: Charter pirates
Every Monday, Scott Andrews contributes Officers' Quarters, a column about the ins and outs of guild leadership. He is the author of The Guild Leader's Handbook. I never thought I'd be writing an OQ column about intellectual property, but here we are: Hi Scott, I'll make this short and to the point, because I'm honestly at the end of my rope with just how disrespectful, inconsiderate, and shady some folks who play this game are. Without going into too much detail, we removed some folks from our guild a few weeks ago; they tried to poach our members and couldn't, so they ended up stealing our charter instead. I found out because I noticed them advertising in trade chat, so I scoped their website out. Lo and behold, there were MY words I worked so dutifully on, for many hours, over the course of a few weeks, with my co-GM and other officers. This charter was the result of almost a year's worth of questions, concerns, comments, and experiences we all have shared since forming our guild, and to see another guild just blatantly rip it off was infuriating.
GameStick pulled from Kickstarter due to IP dispute (update: it's back!)
The Android-based gaming console GameStick was just pulled from Kickstarter, according to an email we just received from Kickstarter support. Its project page is no longer accessible, and the only information given in our support email says it was removed due to, "an intellectual property dispute." As a result, the project page was taken down ("removed from public view," says the email), and it may end up getting canned altogether. "If we are not able to re-post it within 30 days, we will cancel the project," says the email. Yikes! Should that occur, all pledges for the project will expire (Kickstarter doesn't charge pledges until a project is approved), and the project, "will be permanently unavailable." We're following up with Playjam, the project's creator, for more and will let you know if we hear back. Update: PlayJam's taken to Facebook to respond, saying, "This IP issue has NOTHING to do with our design or product! It's a small snag in one of our promo videos demonstrating a game that was exposed without clearance. An oversight and one that we're editing in the video now. We'll get back up and running hopefully as soon as possible. Thanks, everyone, for your support and understanding!" Update 2: The Kickstarter is back up! Looks like that IP dispute was little more than a fleeting issue. "We're writing to inform you that the DMCA process for GameStick: The Most Portable TV Games Console Ever Created is complete. The project is now available," an email from Kickstarter support reads.
Google's 'Defend your Net' campaign asks Germans to resist copyright changes
Remember when the German government was thinking about making search engines either remove news excerpts from results, or pay royalties for including them? Well, these changes could soon be enforced, and Google has launched the "Defend Your Net" initiative to urge the German people to stop that happening. On the campaign's pages, the search giant voices its opinions on what such a decision would do: harm the German media and, by extension, the country's economy. It also points out that its news service is ad-free, publishers can opt out of listings, and that some German outlets receive roughly half their traffic from Google searches. Anyone who wants to receive information on the bill's progress can register for email updates, and a tool is available to find the contact details of your local official if you're feeling proactive. Need firing up? Then check out Google's motivational video below.
Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction
One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.
