intellectual property
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Sony missed Limbo exclusivity by asking for IP rights
Sony Computer Entertainment Executive Producer Pete Smith said the company had issues signing Limbo "because of the IP," during a recent talk at the Develop Conference. Talks with Limbo developer Playdead Studios broke down as Sony wanted to retain intellectual property rights."There are obvious benefits to keeping it, but also to giving it up: you're way more likely to get the deal," Smith said of retaining IP rights during the talk. "A publisher is much more likely to commit to marketing and merchandising if they own the IP." After Sony failed to reach a deal with Playdead Studios, the Danish developer went on to launch Limbo on Xbox Live Arcade in July 2010, one year before it landed on PSN.Smith added, "Sometimes all we want is protection so [developers] don't make a game, finish it then go to one of our rivals. We look at IP on a case by case basis. With a bit of common sense, you can find common ground."
Facebook and Yahoo! friends again, agree to patent cross-license
And so, the Facebook v. Yahoo! courtroom tussle has come to an end. The two Silicon Valley giants have agreed to a legal truce and cross-licensed a bit of each other's IP, meaning that's one less legal donnybrook we have to worry about upsetting consumer sensibilities. Not only have the two settled their differences over their respective advertising and social networking patents, but they've also agreed to an ad sales partnership, too. Now, if only all those other, myriad tech litigants could amicably settle their differences with such alacrity. Perhaps they should all take a gander at the PR after the break to see how it's done.
Sony patents exercise music system that adjusts music to your work-out tempo
While our bodies approach beach-readiness for the summer, Sony's unveiled plans to tinker with your gym playlist in the future. According to a patent granted today, the electronics manufacturer aims to closely tie the tempo of your music to your own physical exertions. It'll do this by using a nefarious-sounding (but ultimately vague) "exercise information analyzing circuit" that will pick up on tempo differences between the user and their favorite Pendulum tracks. It will then change the "music data" for something a little more fitting for your 10-minute trudge at 10 percent incline. The patent's sketches include the idea of personalized profiles for users, and displaying what you got done at the end of the session, broken down by tempo and duration. The technology could end up in PMPs or phones, although we reckon the latter has more legs. Give your legalese its own workout and peruse the laborious wording of another patent filing at the source below.
InterDigital sells nearly 2,000 wireless patents to Intel, pockets $375 million
InterDigital (we interviewed its CEO last week) is selling off around 1,700 wireless patents and applications to Intel for $375 million. The company is making good on its promise to monetize its vast portfolio of IP, including technologies relating to 3G, WCDMA, HSDPA, HUSPA, LTE and 802.11 WiFi connections. It's a short in the arm for Intel's burgeoning wireless arm, which recently outed its first handset, the San Diego. It'll also strengthen the hand of the company in any litigation relating to the technology should the lawyers come knocking. So far it's not clear if the company is retaining an interest in the files its sold off, but we've reached out for comment and will let you know when we do. Update: The company let us know that it's not retaining any interest in the patents that it's selling off. It also mentioned that the 1,700-strong portfolio equates to around eight percent of the company's overall IP holdings -- a number that it generates roughly every 18 months.
Cher Wang: HTC will grab as many patents as it can
HTC co-founder and chair Cher Wang has said that her company plans to register and buy a host of patents in order to maintain parity with its competition. Speaking at the firm's 15th anniversary party, she said that despite being unable to use S3 Graphics' patents in ongoing litigation, the company will register and purchase patents in a variety of "different fields." It looks like we can expect to see a lot more filings at the USPTO in the future, and perhaps a few more buyouts along the way. [Image Credit: WSJ / Zuma Press]
Google grows IP arsenal with mobile patents from Magnolia Broadband
In the tech industry, you're only as safe as your latest batch of patent procurements. And Google, stuffed with billion dollar coffers, is only too happy to comply. Neatly paired with its recently wrapped Motorola acquisition, the Mountain View-based company's just expanded its intellectual property holdings with a portfolio related to mobile RF uplink solutions. Formerly the property of Magnolia Broadband, the outfit's "beamforming" tech will now undoubtedly aid the search giant's in-house manufacture of smartphone and tablet devices -- likely those of the Jellybean sort. No financial details of the transaction have been disclosed at this time, but you can bet your bottom dollar the price of this innovation didn't come cheap. Über-brief PR after the break.
Outspoken Harvard professor Jonathan Zittrain to head FCC's open internet advisory panel
The FCC has created a new forum for corporations, experts and activists to scrap over web laws: The Net Neutrality Advisory Committee. Members have been tasked with "tracking and evaluating the effects of the FCC's Open Internet rules," as well as making policy recommendations. The new group is to be led by Harvard professor and long-time defender of an open internet, Jonathan Zittrain, whose appointment echoes that of Tim Wu -- another expert in a senior advisory position over at the FTC. Harvard University is no stranger to what can go wrong when open access is stifled, so perhaps the good professor can shake things up a bit.
Intellectual Ventures' Nathan Myhrvold defends patent trolling, calls tech industry immature
Intellectual Ventures' CEO and founder Nathan Myhrvold, who previously spent some 14 years at Microsoft Research, took the stage here at D10, and as predicted, his interview with Walt Mossberg was quite the invigorating one. You may know the man and his company for its vicious patent trolling -- or, what appears to be patent trolling. In essence, a lot of its business comes from acquiring patent portfolios, and then licensing and / or suing companies to "enforce" them. Naturally, Nathan has a radically different perspective than most sane individuals on the matter, insisting that the system isn't necessarily broken, and that "making money from enforcing patents is no more wrong than investing in preferred stock." The talk centered predominantly around how Intellectual Ventures operates, what it does, and if its CEO feels that the "rat's nest of lawsuits" -- as Walt put it -- was getting out of control. Despite saying that his company has hundreds of people working on new inventions to help deliver medicines in Africa (in response to a question from the crowd on whether his outfit was truly helping people), he confessed that suing to enforce patents was simply another method of capitalism working. Care to take a ride on the crazy train? Head on past the break for a few choice quotes from the interview.
Apple wins iPhone5.com domain name
Apple's attempt to wrest control the iPhone5.com domain name from the hands of a cybersquatter has been a success. TheNextWeb reports that the company's complaint to the World Intellectual Properties Organization (WIPO) resulted in the iPhone5.com domain being handed over to Apple. The fact that the company has re-obtained the domain name doesn't necessarily mean that the next iPhone will be called the iPhone 5, nor that Apple will ever use the domain name. In fact, the domain is currently being held by Corporation Service Company, a firm that specializes in brand protection and may have been used by Apple to grab ownership. In the world of intellectual property law, it is considered vital for organizations to actively protect trademarks. In this case, the domain had been registered in 2008 by a group that operated an online forum. While registering the domain, the former owners noted that "it was not endorsed, sponsored, nor otherwise affiliated with Apple" and was "for the sole purpose of entertainment and knowledge." Apple hasn't been as aggressive in protecting other domain names. It does not own iPad.com, and hasn't attempted to take control of the name. Apple did manage to acquire iPods.com after a protracted battle, but doesn't own iBooks.com (publishing rival Barnes & Noble does) or iBookstore.com. With all of Apple's intellectual property battles raging around the world, it must feel good to win a small skirmish like this.
US judge tells Apple, Samsung to trim down patent lawsuits
In much the way that a parent might tell two fighting siblings to quit being overly dramatic, a U.S. judge has ordered Apple and Samsung to simplify their patent lawsuits by Monday in order to start a trial on July 30, 2012. Judge Lucy Koh of the U.S. District Court for the Northern District of California told the companies to slice the patent infringement and other claims to the point that a jury can not only understand what's going on, but judge the issues in a single trial. This was the second time that the judge had asked the companies to reduce the claims to a manageable level. The companies made a joint statement on Tuesday saying that each had dropped some elements from the case, but 16 patents, six trademarks, an antitrust case, and five "trade dress" claims -- spread over 37 products -- were still left on the table. Judge Koh said "I think that's cruel and unusual punishment to a jury, so I'm not willing to do it." If the companies don't agree to cut down the claims further, the judge suggested that she might push the trial date back to 2013. A completely separate case over a 2012 lawsuit made by Apple against Samsung is tentatively set to go to trial on March 31, 2014.
Potter Voice Technologies sues Apple, Google over voice patent
The latest in a string of patent lawsuits has just been announced: a relatively unknown Colorado company named Potter Voice Technologies claims that all major smartphone vendors, including Apple, are infringing on a patent on natural-language voice control of a computer. Apple's in good company -- the other companies named in the lawsuit include Google, Microsoft, Nokia, RIM, Samsung Electronics, Sony, LG Electronics, Motorola Mobility, ZTE, Huawei Technologies, Kyocera, Sharp, and Pantech. Potter Voice Technologies is seeking damages "but in no event less than a reasonable royalty," injunctions against the companies, and attorney's fees. Potter claims that Apple, Microsoft and Sony must have known about its patent and that the three companies are guilty of willful infringement, which allows for increased damages to the plaintiff. The patent, "Method and apparatus for controlling a digital computer using oral input," was issued in 1998 and was cited in a 2004 patent filing involving SRI International, the company which developed Siri. Potter's idea was to eliminate the training that was required for other voice-control systems. The patent describes spoken words being received by a microphone, interpreted by voice recognition algorithms, and then being used to "search the contents of a tabular data structure organized in rows and columns." The defendants may have the America Invents Act on their side. The law, which went into effect last year, was designed to discourage patent trolls from going after multiple parties in one suit.
European Patent Office invalidates IPCom 3G patent, gives good news to Nokia and HTC
IPCom's had its way with many mobile manufacturers, including Nokia and HTC, by suing them for patent infringement in German courts. However, the Finnish and Taiwanese firms got good news today when the European Patent Office invalidated one of its 3G patents -- the very same one it used to obtain an injunction against HTC. IPCom's not going away quietly, however, as it plans to appeal the EPO's decision. That means that the folks in Espoo and Taoyuan City aren't out of the woods yet -- but it should at least give them a bit more bargaining power in negotiations to end their (seemingly endless) legal spats.
Pegatron licenses Microsoft's patent portfolio for Android and Chrome devices
Microsoft may make a ton of money by selling Xboxes, operating systems, and other software to consumers, but it also pads its bottom line by monetizing its IP. Its newest patent profits will be coming from Pegatron Corp. -- a Taiwanese ODM that makes parts for a plethora of others, including Apple, ASUS and HP -- as the two companies have entered into a licensing agreement for devices running Android and Chrome OS. The agreement covers e-readers, smartphones and tablets, with Pegatron paying Redmond royalties of unknown amount. So, the Ballmer licensing bandwagon continues unabated, but we just hope all this new-found cash will be put to use creating fantastic new products instead of funding more courtroom conflicts.
ITC issues preliminary ruling, finds Microsoft's Xbox 360 infringes on Motorola patents
Potential bad news to start out the week for Microsofties: a judge from the US International Trade Commission has issued a preliminary ruling that finds Microsoft's Xbox 360 infringes on five four of Motorola's patents (and in Microsoft's favor on one). While the decision is by no means final -- which means that the Redmond outfit could ultimately prevail -- a final ruling would force Microsoft's hand to seek proper licenses for the technologies, most of which relate to H.264 video encoding, or have its gaming console banned from US shelves. For now, the lawyers will go back to the lab to refine their arguments and get ready to present them to a full panel of ITC judges later this year. Who wants to set odds on the outcome?
Motorola's patent enforcement against Apple could cost German taxpayers dearly
In a recent article, FOSS Patents points out a loophole in German law that forces taxpayers to pay for part of the court proceedings between Motorola and Apple. Motorola is currently enforcing an injunction against Apple and has deposited money for the injunction as required by law. Apple is appealing this injunction, and the appeal is slowly winding its way through the German court system. When a settlement or judgment is finally reached in the lawsuit, Germany owes Motorola interest on the injunction money that was set aside. The government can't invest this money while it sits, so this interest payment must come from taxpayer money, says FOSS Patents.
Apple still blocked from using push email in Germany
German users of iCloud and MobileMe are going to have to wait a bit longer for push email to be reinstated on their favorite Apple devices. A regional court in Mannheim has upheld a ban on the service in Germany based on a patent lawsuit brought by Motorola Mobility against Apple. Motorola won the court case in February and was granted a permanent injunction against the services built into iCloud and MobileMe. The court has now upheld the ban and determined that Apple must pay unspecified damages to Motorola Mobility. The lawsuit is related to a patent entitled "Multiple Pager Status Synchronization System and Method," which covers push services. Motorola filed the suit last April prior to the announcement of iCloud, based on the push email service built into MobileMe. Motorola was able to successfully argue that MobileMe is part of iCloud, hence the lawsuit that originally targeted MobileMe has been extended to cover Apple's current cloud services.
US Court: Code isn't property, therefore it can't be stolen
New York's Second Circuit Court of Appeals has decided that computer code cannot be stolen after acquitting former Goldman Sachs programmer Sergey Aleynikov. He'd been charged with property theft and economic espionage which carried an eight year prison sentence, but left court a free man after serving just a year of his term. The case hinged upon the definition of both property and economic espionage, and the court found that code, being an intangible, couldn't be property that's capable of being stolen within the definition of the statute -- affirming a state of affairs that's been in place since the British case of Oxford v Moss from 1979. Just as a warning: the Judges advised Congress to amend the relevant legislation in order to prevent thefts of this nature in the future, so we'd hold back on any big data-heists you've got planned.
Microsoft wins injunction in Washington against Motorola, can keep selling stuff in Germany
Microsoft's been waging legal war against Motorola on several fronts for some time now, and today, team Redmond scored a victory in a federal district court in Washington that'll have repercussions in Germany. The judge granted Microsoft's motion for a temporary restraining order and preliminary injunction that prevents Motorola from enforcing any injunction it may obtain in the parties' parallel action in Mannheim, Germany. As a quick refresher, this litigation's all about a bundle of Moto-owned standards-essential WiFi and H.264 patents. Naturally, Motorola claims that Microsoft's infringing its IP, and has sought to stop sales of infringing products in Deutschland. Meanwhile, Microsoft contends Moto's in breach of contract because those patents haven't been made available for it to license on fair, reasonable and non-discriminatory (FRAND) terms. This latest legal victory in the US merely means that Motorola won't enforce any injunction it obtains in Mannheim -- which leaves Microsoft free and clear to peddle its wares in Germany.
Viacom wins appeal against YouTube, gets another chance to prove copyright infringement
It's been almost two years since YouTube's triumph in its copyright infringement case against Viacom. As is the way of things, Viacom appealed the decision, and now the Second Circuit Court of Appeals has decided to breathe new life into Viacom's case. Apparently, the appeals judge didn't see eye to eye with the District Court's ruling that no reasonable jury could have found that YouTube had actual knowledge or awareness of infringement on its site.You see, the Digital Millennium Copyright Act (DMCA) requires such awareness for service providers like YouTube to be guilty of copyright infringement, and that safe harbor provision was the grounds for YouTube's victory on summary judgment. Furthermore, to succeed on summary judgment, YouTube had to prove that no reasonable jury could find that it knew of any infringing activity. While the lower court felt that YouTube carried that burden, the appeals judge disagreed, and has remanded the case back down for the District Court to determine if YouTube knew about or willfully ignored the infringement. What does this mean? All we can say for sure is that it'll expend more judicial resources and make more money for the attorneys involved. The result could very well end up, once again, in YouTube's favor, but we'll have to wait and see.
Tim Cook meets Chinese Vice Premier in Beijing, talks IP law, worker rights
Tim Cook's visit to China this week marks his first as Apple's CEO, but what originally appeared to be a casual jaunt to Beijing with possible carrier meetings on the agenda, has turned out to be a carefully orchestrated visit, including appointments with top government officials to talk economic development and intellectual property rights. Xinhua, the country's official press agency (and therefore not the most objective of sources), reported that Chinese Vice Premier Li Keqiang stated that the country will "strengthen intellectual property rights protection" and "pay more attention to caring for workers." Typical of state-sponsored releases, the report failed to expand on either statement, but even if nothing comes of this particular meeting, Keqiang is in line to take over as Premier next year, making him a solid addition to Cook's rolodex. There's a Chinese-language video of the encounter waiting just past the break.
