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Killer Instinct trademark renewal rejected, what it means
Microsoft's trademark renewal of Killer Instinct has been rejected by the United States Patent and Trademark Office (USPTO) for "likelihood of confusion." As NeoGAF points out, this bit of confusion has to do with the short-lived FOX show Killer Instinct from 1995. Microsoft announced in mid-September it was in the process of renewing the long-languishing intellectual property, but did not specify the purpose.So, what does the rejection mean? We checked with attorney Mark Methenitis who pens Law of the Game."In short, this means ... more or less nothing," Methenitis told us when asked if there was more to the rejection. "It's just an office action; they happen on lots of trademark applications, and is not by any means the final say on the application. It just means that Microsoft has to provide more evidence to overcome their objection to move forward with the application."He continued, "All things considered, I would imagine that Microsoft has a pretty strong position reverting back to the previous Killer Instinct games, which far predate the Fox filing, and moreover, there's no evidence of actual confusion between that show and the game."According to Methenitis, Microsoft has six months to respond. He equated this action to fighting games, saying it's like taking some hits in the first round, but you haven't even come close to losing the bout.
USPTO director David Kappos to depart in January, leave mixed record in tech patents
Patents play an at times all too instrumental role in technology, so it's a potentially momentous event whenever there's a change in the gatekeepers at the patent office. Brace yourself for a possible sea change, then, as USPTO director David Kappos says he's bowing out in January. While we're still waiting on the reasons and a confirmed replacement, the exit will likely be a disappointment for those who like Kappos' patent reform efforts: the former IBM executive has taken steps during his tenure to implement the soon-to-be-active America Invents Act, which speeds up the patent approval process while filtering out some of the junk, and to cut back on a filing backlog that was getting out of hand. We can see how some might not mind the departure, however. Kappos has been quick to defend software patents as needed for innovation at a time when they're being tossed out and challenged over questions of obviousness and possible abuse in stifling competition. We'll only know his full legacy in technology once the AIA takes effect; depending on the choice of successor, it might not be long afterwards that the USPTO changes course. [Image credit: Center for American Progress, Flickr]
'Fighters of Capcom' trademarked
Whoa, hey, listen -- put that knife down. Look, we know you just had a terrifying Capcom Fighting Jam flashback, but everything is going to be okay. We've got no idea whether Capcom's newly registered trademark for "Fighters of Capcom" has anything to do with a fighting game. It could just as easily be the western name for some GREE card battling thing for cell phones, specifically Capcom All Stars with Everyone, which launched in Japan late last month.It is video game related, we do know that much. The trademark's designation covers several variations on "Computer game software," as well as a few forms of "Electronic game programs for mobile phones and smart phones" and a mountain of other distinctions. We've reached out to Capcom for more information, so let's just both take a deep breath and drink this calming chamomile tea before someone gets knife murdered.
Apple applies for patent that scales content to match face distance, save us from squinting
Most software has to be designed around a presumed viewing distance, whether it's up close for a smartphone or the 10-foot interface of a home theater hub. Apple has been imagining a day when the exact distance could be irrelevant: it's applying for a patent that would automatically resize any content based on viewing distance. By using a camera, infrared or other sensors to detect face proximity through facial recognition or pure range, the technique could dynamically resize a map or website to keep it legible at varying ranges. Although the trick could work with most any device, the company sees that flexibility as most relevant for a tablet, and it's easy to understand why -- iPad owners could read on the couch without needing to manually zoom in as they settle into a more relaxed position. There's no knowing the likelihood that Apple will implement an automatic scaling feature in iOS or OS X, let alone make it the default setting. If the Cupertino team ever goes that far, though, we'll only have our own eyesight to blame if we can't read what's on screen.
Microsoft files patent for device that enforces licenses through visual surveillance
Microsoft has filed a patent for a system that could potentially use a camera to determine whether you're breaking its content-viewing rules or not. US Patent Application 20120278904 describes the ability to use a Kinect-like camera-enabled device for "continuously monitoring a number of users at a display device during the performance of [some] content," which basically means the camera would watch the faces of anyone watching a display showing licensed content (like a movie or a game), and then track those faces to see if the viewers had appropriately licensed it. The patent lists a number of options for determining the validity of the possible viewers, including counting their number (as in, making sure only three people were able to see a movie), or actually identifying specific users (to make sure Julie isn't watching a movie that Mark was only licensed to see). The patent itself doesn't specifically mention Kinect, but it does mention the idea of a "gaming and media system" as well as "mobile devices" with the same capability. Obviously, such a system would have some weaknesses (could you use a picture or a sculpture to spoof the camera?), and the patent states at the end that this is just one possible implementation of a setup like this. But Microsoft is apparently thinking about using Kinect's ability to recognize you for more than just throwing around spells and playing games. In the future, that camera may be used to figure out whether you're following the rules or not.
Samsung patent ties emotional states to virtual faces through voice, shows when we're cracking up
Voice recognition usually applies to communication only in the most utilitarian sense, whether it's to translate on the spot or to keep those hands on the wheel while sending a text message. Samsung has just been granted a US patent that would convey how we're truly feeling through visuals instead of leaving it to interpretation of audio or text. An avatar could change its eyes, mouth and other facial traits to reflect the emotional state of a speaker depending on the pronunciation: sound exasperated or brimming with joy and the consonants or vowels could lead to a furrowed brow or a smile. The technique could be weighted against direct lip syncing to keep the facial cues active in mid-speech. While the patent won't be quite as expressive as direct facial mapping if Samsung puts it to use, it could be a boon for more realistic facial behavior in video games and computer-animated movies, as well as signal whether there was any emotional subtext in that speech-to-text conversion -- try not to give away any sarcasm.
Apple files anti-theft patent that uses accelerometers to detect theft-like movement
What kind of movement does a theft entail? Apple's in the process of figuring that out, today filing a patent application for a, "acceleration-based theft detection system for portable electronic devices." Apple pickers: you've just been put on watch. According to the patent filing, said device would activate an alarm of some form after determining, "whether a theft condition is present." It'll apparently figure that out based on the accelerometer built into many of Apple's mobile devices -- the same thing that figures out which way you're holding your phone. Beyond just the hardware, said theft protection system would work in concert with software to determine if the movement matches a pre-determined "profile characteristic of theft." Of course, Apple's not the only one worried about mobile device theft, as Google already patented just such a device pertaining to its Project Glass concept. But the you'd have to be pretty brazen to steal the glasses off of someone's face without "accidentally" socking them in the eye.
Apple receives patent rights for original iOS Maps app GUI
The US Patent and Trademark Office awarded Apple a patent that covers a "touch screen device, method and graphical user interface" for the iOS Maps application. US Patent No. 8,302,033 describes features in iOS Maps including an easy-to-use UI that did away with pushbuttons and complex menu systems. It also describes functions like pushpin-style bookmarking that is used to mark locations, the use of a pinch-to-zoom gesture to zoom in on a map and cellular connectivity to deliver map data on the fly. Apple's Maps application has been widely criticized after the company recently switched away from Google to its own mapping solution. The new iOS 6 Maps app is not as detailed as previous Google-backed Maps and, in some cases, is ridiculously wrong. The controversy over Apple's Map application expanded beyond upset customers and allegedly led to the removal of iOS software head Scott Forstall. [Via Apple Insider]
Patent office invalidates Apple's "rubber-banding" patent in Samsung trial
According to FOSS Patents, the United States Patent and Trademark Office has invalidated all 20 claims of Apple's rubber-banding patent (U.S. Patent No, 7,469,381). This is a non-final decision that could be overturned by Apple if it convinces the USPTO that the claims are new and innovative enough to warrant a patent. Samsung didn't waste any time and already pointed out this rejection in a late-night request that was filed in the US District Court in North California.
USPTO has 'tentatively' invalidated Apple's key rubber-banding patent
The US Patent and Trademark Office may have just thrown a wrench into Apple's recent courtroom triumph over Samsung by invalidating one of the patents at the heart of the victory: rubber-banding. We noted at the time that Apple hit a "home run" with that particular IP, as jurors declared that all 21 disputed Samsung devices infringed it, no doubt resulting in a large part of the $1 billion (and counting) owed by the Korean maker. "Claim 19" of patent 7469381, which covers that feature, was invalidated by the USPTO on two counts, both of which were cases of prior art that allegedly existed before Cupertino claimed them. Either one could be enough reason to throw out that part of the patent, according to FOSS Patents, provided that the USPTO's ruling stands up. Either way, Samsung has already brought the new information to Judge Koh's attention -- which might bring about some new action very soon.
Apple granted new patent for original iPad design
We already know what some of you are thinking, but that doesn't change the reality on the ground: Apple has been granted a design claim patent for a "portable display device" that looks a whole lot like the original iPad. Filed just a day before the big reveal in 2010, it's both specific to the tablet and cites additional references dating as far back as the early 1990s. The claim likewise includes elements that transpired between the filing and the granted date, such as a certain legal squabble that carries on to this day. While we can't say we're enthusiastic for what might follow from the patent becoming official -- we know Samsung isn't, despite victories in the tablet space -- it does give Apple one more tool for arguing that its total iPad design is unique, not just the individual components.
Google nabs design patent for left-eyed Google Glass, frees southpaws from tyranny
No more shall lefties wanting Google Glass toil under the oppression of right-handed overlords. Not if Google's newly granted design patent is an indication, at any rate. The filing simply puts the eyepiece on the other side for those who are either naturally left-inclined or just that much opposed to the optical status quo. There's no guarantee Google will be so accommodating when Glass reaches the general public, although we're hopeful: when early adopters are already paying a small fortune to leap in, it wouldn't hurt to produce a batch for left eye use and give the more committed southpaws among us the freedom they've craved since Google I/O.
Gaikai sued over alleged patent infringement
A Delaware company called T5 Labs has filed suit against cloud-gaming service Gaikai for alleged patent infringement, putting the technology that underpins Gaikai's fancy cloud-computing/game-streaming wizardry under the legal microscope.Specifically, T5 Labs claims that by "providing a system and methods of sharing a graphics processing unit (GPU) between a plurality of programs," Gaikai is "actively, knowingly and intentionally" using the technology covered by T5's patent for "Sharing a graphical processing unit between a plurality of programs."Multiple programs using the same GPU may sound like something that every single computer does on a regular basis, but T5's patent actually covers a specific scenario involving servers, remote terminals and compression algorithms. No specific dollar amount is listed in the complaint, but T5 is seeking damages, attorney's fees and "a judgement permanently enjoining Gaikai from further infringement."Gaikai has "no comment at this time" regarding the situation.
Amazon patents online haggling system that keeps buyers, sellers on the up and up
Haggling is so popular that it's virtually mandatory in some parts of the world, and yet it's rarely an option in the online space outside of informal auctions. If Amazon ever puts its newly granted patent into practice, however, we could soon be trying for a better price without the mock drama of a face-to-face encounter. The retailer's proposed haggling system lets buyers and sellers make offers and counteroffers until they reach a happy medium, but with the kind of honesty check we only wish we could have in person. Both buyers and sellers get ratings that would account for their flexibility, typical closing prices and how likely they are to drop a deal before it's done -- a combination that hopefully excludes the cheapskates and those who'd simply keep our wheels spinning. Even if Amazon pulls the trigger on negotiated sales, though, it's a fairly safe bet that there won't be any leeway on that Kindle Fire HD.
Samsung files patent for auto-generating life diary, Mayans didn't see it coming
If the minutiae of people's lives crowd your feeds and drive you to frustration, you really won't be wanting this Samsung patent application to be approved. The USPTO filing outlines a process for creating a "life diary" by collecting all manner of information about your daily routine from your smartphone. Data such as where you've been, what the weather was like, what you've been listening to, et cetera, would be spun out in computer-generated sentences and compiled into a story of your day. Although it would lack the romanticism of a traditional, hand-written diary, we could see it having some use as a mundane log -- as long as you're happy for all that info to be recorded, that is. However, if this ever comes to fruition with sharing options, to boot, all the pictures of food, coffee house check-ins and FarmVille updates would seem insignificant in comparison. Some things, like the last time we sang along with the Bieb, are better left unshared.
Apple files patent application for 'intelligent automated assistant,' sounds like Siri
Siri's managed to make it into several Apple devices now, so it doesn't shock us to spy the company's attempt to patent the polite (somewhat frosty) tones of its voice navigation system. A pretty deep patent application filed today describes an "intelligent Automated Assistant," with the claims describing an application that is guided through the user's speech -- and all wrapped in a "conversational interface." So far, so Siri. The filing elaborates on Apple's earlier filings, explaining how this digital assistant furthers the users' demands with additional requests for speech-based information -- hopefully resulting in that map location or a movie booking you were after. This "user intent" is then put to use, launching an additional app or performing the specified function, while non-speech input (presumably like the ability to correct your requests in text form) get a brief mention. We do get plenty of description on commands though, with some pretty thorough response tables and examples of "anchor text" -- something that the automated assistant tries to pluck from your ramblings in order to make sense of them. The full version resides at the source below, if you're looking for 51 verbose pages explaining Siri's inner workings.
Google patent delivers close-up photos when your phone can't, Blade Runners would approve
It's been 30 years since we saw Deckard track down replicants by having a machine "enhance" pictures, and yet we're still stuck with distant-looking photos when we want more detail than our smartphone cameras can manage. While we'd argue that a few phones already live in that Blade Runner future, Google has just obtained a patent that could give the rest of us a helping hand. If the zoom isn't up to snuff, the proposed software could gauge a mobile device's position and orientation to offer a closer, already-taken photo from a server as a substitute, whether it's a Street View shot or a more traditional image. The geocoded system could even cue photos based on the time of day and year to provide that extra dash of authenticity. We already get a trace of the concept through photo overlays within Street View itself, although there's no indication as to whether or not Google will link our camera apps directly to a cloud of substitute photos -- suffice it to say that the industry has changed a lot since Google was using the iPhone 3G to illustrate its photography concepts.
Apple trying for patent on electromotive charging, could use that confident stride to charge iPhones
We've seen the concept of electromotive (movement-based) charging before, but it usually comes at the cost of either a clunky design or a limitation to very low-power devices like watches. Apple has been experimenting with a concept that could power gadgets as big as iPhones and iPods with that spring in your step -- and without the bulk of any extra wires. A newly published patent application uses flat, printed coils to generate electromagnetic induction through movable magnets; as the device bounces around in your pocket, the magnets slide past the coils and run them through the magnetic fields they need to build electricity. It all sounds grand, but it's hard to tell from the very recent June filing whether the technology is enough to keep devices completely powered or simply delays the inevitable. We'd still suggest getting back into shape, though, in the event that morning run can one day save you from hunting down a wall outlet.
Apple patent application has iPhones text when calls don't reach spotty coverage areas
If you're already using Android 4.0 or iOS 6, you're likely familiar with the option to send a pre-made text reply to incoming calls you can't take. But what if it's your own call that won't go through, at no fault of your own? Apple may have that covered through a patent application that could keep the accusations to a minimum. If flaky reception at the destination prevents your call from connecting, the proposed idea has your iPhone automatically send a text message indicating that you've at least tried to get in touch. Recipients with Apple's hardware contribute to their own solution in this world: the message code is a cue to measure the signal strength and flag the location as a weak point in the carrier's network. Whether or not Apple acts on its concept is as much of a mystery as with most other patents, although we're hoping it becomes real. If anything's going to strain a relationship, it shouldn't be dodgy coverage.
Apple gets patent for universal batteries, edges closer to long-lasting wireless peripherals
These days, just about every Apple product is defined by a non-removable battery. It's with no small hint of irony, then, that Apple just received a US patent for a universal removable battery system. As proposed, the technique would let Apple cut batteries from lithium-polymer or similar materials into commonly sized packs that could then be swapped between devices, providing all the benefits of removable, rechargeable batteries with a longer lifespan than an old set of AAs. Batteries could have serviceable cores for when they finally give up the ghost, and computers could even alternate between charging the batteries (when plugged in) or using them to extend the runtime of MacBooks. We'd recommend against basing any purchasing strategy around Apple's filing, though. The Cupertino team originally applied for the patent in 2010, and in turn broke out the technology from a patent it had filed in 2007 -- there's no guarantees Apple is still interested in replacing those disposables, let alone any sealed-in batteries. That won't stop us from yearning for the day when a Magic Mouse lasts for more than a week of heavy use.
