Android

Essential Is Getting Sued For Allegedly Stealing Wireless Connector Technology (gizmodo.com) 42

"Keyssa, a wireless technology company backed by iPod creator and Nest founder Tony Fadell, filed a lawsuit against Essential on Monday, alleging that the company stole trade secrets and breached their nondisclosure agreement," reports Gizmodo. Keyssa has proprietary technology that reportedly lets users transfer large files in a matter of seconds by holding two devices side by side. From the report: According to the lawsuit, Keyssa and Essential engaged in conversations in which the wireless tech company "divulged to Essential proprietary technology enabling every facet of Keyssa's wireless connectivity," all of which was protected under a non-disclosure agreement. More specifically, the lawsuit alleges that Keyssa "deployed a team 20 of its top engineers and scientists" to educate Essential on its proprietary tech, sending them "many thousands of confidential emails, hundreds of confidential technical documents, and dozens of confidential presentations." Essential ended this relationship after over 10 months and later told Keyssa that its engineers would use a competing chip in the Essential Phone. But Keyssa is accusing Essential of including techniques in its phone that were gleaned from their relationship, despite their confidentiality agreement. Central to this lawsuit is one of the Essential Phone's key selling points: the option to swap in modular add-ons, made possible thanks to the phone's unique cordless connector. In short, if Keyssa's claims hold water, then one of the phone's defining factors is a product of theft.
Patents

Apple To Appeal Five-Year-Long Patent Battle After $439.7 Million Loss (theverge.com) 62

Appel has been ordered to pay $439.7 million to the patent-holding firm VirnetX for infringing on four patented technologies that were apparently used in FaceTime and other iOS apps. According to The Verge, Apple plans to appeal the ruling -- continuing this long-running patent battle, which began back in 2012. From the report: VirnetX first filed suit against Apple in 2010, winning $368 million just two years later. It then sued again in 2012, which is the suit that's being ruled on today. Apple initially lost the suit, then filed for a mistrial. It won a new trial, lost that trial, was ordered to pay around $300 million, then lost some more and is now having that amount upped even further. That's because a judge found Apple guilty of willful infringement, bumping its payment amount from $1.20 per infringing Apple device to $1.80 per device. Those include certain iPhones, iPads, and Macs. VirnetX says the ruling is "very reasonable." Apple didn't issue a statement other than to say that it plans to appeal. While $440 million isn't a lot of money for Apple, there's principle at stake here: VirnetX is a patent troll that makes its money from licensing patents and suing other parties. The company's SEC filing states, "Our portfolio of intellectual property is the foundation of our business model."
Businesses

Qualcomm Seeks China iPhone Ban, Escalating Apple Legal Fight (bloomberg.com) 36

Qualcomm filed lawsuits in China seeking to ban the sale and manufacture of iPhones in the country, the chipmaker's biggest shot at Apple so far in a sprawling and bitter legal fight. From a report: The San Diego-based company aims to inflict pain on Apple in the world's largest market for smartphones and cut off production in a country where most iPhones are made. The product provides almost two-thirds of Apple's revenue. Qualcomm filed the suits in a Beijing intellectual property court claiming patent infringement and seeking injunctive relief, according to Christine Trimble, a company spokeswoman. "Apple employs technologies invented by Qualcomm without paying for them," Trimble said. An Apple spokesman didn't immediately respond to a request for comment on Friday. Qualcomm's suits are based on three non-standard essential patents, it said. They cover power management and a touch-screen technology called Force Touch that Apple uses in current iPhones, Qualcomm said. The inventions "are a few examples of the many Qualcomm technologies that Apple uses to improve its devices and increase its profits," Trimble said. The company made the filings at the Beijing court on Sept. 29. The court has not yet made them public.
Businesses

Qualcomm Fined Record $773 Million In Taiwan Antitrust Probe (bloomberg.com) 23

According to Bloomberg, Qualcomm was fined a record NT$23.4 billion ($773 million) by Taiwan's Fair Trade Commission in the latest blow from regulators over the way the U.S. company prices mobile phone chips and patents. From the report: The company has been violating antitrust rules for at least 7 years and Qualcomm collected NT$400 billion in licensing fees from local companies during that time, the Taiwanese regulator said on its website Wednesday. Qualcomm disagrees with the decision and intends to appeal, the San Diego-based company said in a statement. The Taiwanese regulator said Qualcomm has monopoly market status over key mobile phone standards and by not providing products to clients who don't agree with its conditions, the U.S. company is violating local laws. It said Taiwanese companies had purchased $30 billion worth of Qualcomm baseband chips. Besides the fine, the Fair Trade Commission told Qualcomm to remove previously signed deals that force competitors to provide price, customer names, shipment, model name and other sensitive information as well as other clauses in its agreements.
Patents

US Congress Investigates Patent 'Gifts' That Evade Inter Partes Review (arstechnica.com) 55

AnalogDiehard writes: Congress created the Inter Partes Review (IPR) in 2012 within the U.S. Patent Office Patent Trials and Appeals Board (PTAB) as a faster and cheaper way to challenge and invalidate bad patents. The IPR expense is a fraction of the cost of a multimillion dollar patent court trial; it is loved by patent challengers and hated by patent owners. The pharmaceutical company Allergen has exploited a novel tactic to evade the IPR process: they hand them to a Native American Indian tribe for safekeeping. Under the arrangement, the tribes earn millions in royalties as long as the patents are valid, they license them back to Allergan, and the patents under the tribes' ownership is immune from lawsuits via sovereign immunity. Under the colonial-era concept of "sovereign immunity" which is codified in the 11th amendment, certain groups like states, universities, and tribes are immune from lawsuits, thus the drug patents are shielded from the IPR process leaving only a full blown multimillion dollar court trial for generic drug companies. This tactic is also attracting the attention of non-practicing entities -- the polite term for "patent trolls" -- and one such NPE company has already exploited sovereign immunity with the intention to sue Apple for infringement.

But court cases have limited the scope of sovereign immunity (especially for commercial activity), and now Congress is investigating Allergan over the tactic that has Congress not only greatly concerned about competition in the drug industry (and exorbitant prices of pharmaceuticals), but also the questionable use of the sovereign immunity law. The four lawmakers who signed the letter to Allergan state: "The unconventional maneuver has received considerable criticism from the generic competitors challenging the drug's patents under the process Congress created (IPR) to enable timelier review of such challenges (read: a fraction of the cost of a court trial)." The letter also notes that the key ingredient in the patent was set to expire in 2014 and that Allergan had filed more patents to extend patent protection to 2024, a signal that Congress is watching for exploitation of patent law to enable "perpetual patents" widely used by the pharmaceuticals.

Patents

Cloudflare Pays First $7,500 Bounties In War Against Patent Troll (cloudflare.com) 35

Cloudflare declared war on a group of lawyers that files patent lawsuits against tech firms, by offering bounties for the discovery of patent-invalidating "prior art." Now an anonymous reader writes: On Thursday, Cloudflare announced it has paid out the first $7,500 to people who discovered documents that could help invalidate Blackbird's patents. The money is part of a $100,000 war chest the company announced this spring... The company said it is ready to launch individual challenges to specific Blackbird patents. The company believes it has enough examples of prior art on US Patent 7,797,448, "GPS-internet Linkage" and US Patent 6,453,335 (the one asserted against Cloudflare) to lodge a challenge.
"We have received more than 230 submissions so far," Cloudflare reports, "and have only just begun to scratch the surface."
Open Source

Facebook Relents, Switches React, Flow, Immuable.js and Jest To MIT License (theregister.co.uk) 50

An anonymous reader quotes the Register: Faced with growing dissatisfaction about licensing requirements for some of its open-source projects, Facebook said it will move React, Jest, Flow, and Immutable.js under the MIT license next week. "We're relicensing these projects because React is the foundation of a broad ecosystem of open source software for the web, and we don't want to hold back forward progress for nontechnical reasons," said Facebook engineering director Adam Wolff in a blog post on Friday. Wolff said while Facebook continues to believe its BSD + Patents license has benefits, "we acknowledge that we failed to decisively convince this community"... Wolff said the updated licensing scheme will arrive next week with the launch of React 16, a rewrite of the library designed for more efficient operation at scale.
Facebook was facing strong criticism from the Apache Software Foundation and last week Wordpress.com had announced plans to move away from React.

"Wolff said Facebook considered a license change for its other open-source projects, but wasn't ready to commit to anything," the Register adds. "Some projects, he said, will keep the BSD + Patents license."
Red Hat Software

Red Hat Pledges Patent Protection For 99 Percent of FOSS-ware (theregister.co.uk) 65

Red Hat says it has amassed over 2,000 patents and won't enforce them if the technologies they describe are used in properly-licensed open-source software. From a report: The company has made more or less the same offer since 2002, when it first made a "Patent Promise" in order to "discourage patent aggression in free and open source software." Back then the company didn't own many patents and claimed its non-enforcement promise covered 35 per cent of open-source software. The Promise was revised in order to reflect the company's growing patent trove and to spruce up the language it uses to make it more relevant. The revised promise "applies to all software meeting the free software or open source definitions of the Free Software Foundation (FSF) or the Open Source Initiative (OSI)." [...] It's not a blank cheque. Hardware isn't covered and Red Hat is at pains to point out that "Our Promise is not an assurance that Red Hat's patents are enforceable or that practicing Red Hat's patented inventions does not infringe others' patents or other intellectual property." But the company says 99 percent of FOSS software should be covered by the Promise.
Facebook

WordPress Ditches ReactJS Over Facebook's Patent Clause (techcrunch.com) 72

An anonymous reader quote TechCrunch: Matt Mullenweg, the co-founder of the popular open source web publishing software WordPress, has said the community will be pulling away from using Facebook's React JavaScript library over concerns about a patent clause in Facebook's open source license. In a blog post explaining the decision yesterday, Mullenweg said he had hoped to officially adopt React for WordPress -- noting that Automattic, the company behind WordPress.com which he also founded, had already used React for the Calypso ground-up rewrite of WordPress.com a few years ago, while the WordPress community had started using it for its major Gutenberg core project.

But he said he has changed his mind after seeing Facebook dig in behind the patent clause -- which was recently added to the Apache Software Foundation's list of disallowed licenses... [H]e writes that he cannot, in good conscience, require users of the very widely used open source WordPress software to inherit the patent clause and associated legal risk. So he's made the decision to ditch React.

Facebook can revoke their license if a React user challenges Facebook's patents.
Google

Google Accused of Trying To Patent Public Domain Technology (bleepingcomputer.com) 101

An anonymous reader shares a report: A Polish academic is accusing Google of trying to patent technology he invented and that he purposely released into the public domain so companies like Google couldn't trap it inside restrictive licenses. The technology's name is Asymmetric Numeral Systems (ANS), a family of entropy coding methods that Polish assistant professor Jarosaw (Jarek) Duda developed in the early 2000s, and which is now hot tech at companies like Apple, Google, and Facebook, mostly because it can improve data compression from 3 to 30 times. Duda says that Google is now trying to register a patent that includes most of the ANS basic principles. Ironically, most of the technology described in the patent, Duda said he explained to Google engineers in a Google Groups discussion from 2014. The researcher already filed a complaint, to which WIPO ISA responded by calling out Google for not coming up with "an inventive contribution over the prior art, because it is no more than a straightforward application of known coding algorithms." A Google spokesperson refused to comment, and the mystery remains surrounding Google's decision to patent something that's in the public domain since 2014.
Wii

Jury Finds Nintendo Wii Infringes Dallas Inventor's Patent, Awards $10 Million (arstechnica.com) 113

A jury has ruled that Nintendo must pay $10.1 million because its Wii and Wii U systems infringe a patent belonging to a Dallas medical motion-detection company. Ars Technica reports: iLife sued Nintendo (PDF) in 2013 after filing lawsuits against four other companies in 2012. The case went to a jury trial in Dallas, and yesterday the jury returned its verdict (PDF). They found that Nintendo infringed U.S. Patent No. 6,864,796, first filed in 1999, which describes "systems and methods for evaluating movement of a body relative to an environment." The patent drawings show a body-mounted motion detector that could detect falls in the elderly, which is the market that iLife was targeting, according to its now defunct website. The $10.1 million was less than 10 percent of what iLife's attorneys had been asking for. When the trial began in Dallas on August 21, Law360 reported that iLife lawyers asked the jury for a $144 million payout. That damage demand was based on a royalty of $4 per Wii unit, multiplied by 36 million systems sold in the six years before the lawsuit was filed.
Patents

Kaspersky Lab Forces 'Patent Troll' To Pay Cash To End Case (arstechnica.com) 108

In October, Kaspersky Labs was sued by a "do-nothing patent holder in East Texas who demanded a cash settlement before it would go away," reports Ars Technica. Today, founder and CEO Eugene Kaspersky said his company has defeated five patent assertion entities, including the infamous claims from Lodsys, "a much-maligned patent holder that sent demand letters to small app developers." The patent-licensing company who sued Kaspersky Labs in October was not only defeated, but they ended up paying Kaspersky $5,000 to end the litigation. From the report: The patent-licensing company, Wetro Lan LLC, owned U.S. Patent No. 6,795,918, which essentially claimed an Internet firewall. The patent was filed in 2000 despite the fact that computer network firewalls date to the 1980s. The '918 patent was used in what the Electronic Frontier Foundation called an "outrageous trolling campaign," in which dozens of companies were sued out of Wetro Lan's "headquarters," a Plano office suite that it shared with several other firms that engage in what is pejoratively called "patent-trolling." Wetro Lan's complaints argued that a vast array of Internet routers and switches infringed its patent. Most companies sued by Wetro Lan apparently reached settlements within a short time, a likely indicator of low-value settlement demands. Not a single one of the cases even reached the claim construction phase. But Kaspersky wouldn't pay up. As claim construction approached, Kaspersky's lead lawyer Casey Kniser served discovery requests for Wetro Lan's other license agreements. He suspected the amounts were low. Wetro Lan's settlement demands kept dropping, down from its initial "amicable" demand of $60,000. Eventually, the demands reached $10,000 -- an amount that's extremely low in the world of patent litigation. Kniser tried to explain that it didn't matter how far the company dropped the demand. "Kaspersky won't pay these people even if it's a nickel," he said. Then Kniser took a new tack. "We said, actually, $10,000 is fine," said Kniser. "Why don't you pay us $10,000?" After some back-and-forth, Wetro Lan's lawyer agreed to pay Kaspersky $5,000 to end the litigation. Papers were filed Monday, and both sides have dropped their claims.
Patents

IP Lawyer Who Represented TiVo Is Trump's Pick As USPTO Chief (arstechnica.com) 67

An anonymous reader quotes a report from Ars Technica: President Donald Trump has selected Andrei Iancu, the managing partner of a major Los Angeles law firm, to be the next head of the U.S. Patent and Trademark Office. Iancu has been a partner at Irell & Manella since 2004 and was an associate at the firm for five years earlier. His most notable work in the tech sector is likely his representation of TiVo Corp. in its long-running patent battles with companies like EchoStar, Motorola, Microsoft, Verizon, and Cisco. TiVo ultimately succeeded in compelling those defendants to pay up for its pioneering DVR patents, and payments to TiVo ultimately totaled more than $1.6 billion, according to Iancu's biography page. Iancu also had a hand in Immersion Corp.'s $82 million jury verdict against Sony Computer Entertainment, in which a jury found that Immersion's patent claims on tactile feedback technology were valid and infringed. Those big wins aside, most of Iancu's work has been on the defense side. He's represented eBay in a case against Acacia Research Corp., a large, publicly traded non-practicing entity, and he worked for Hewlett-Packard when it defended against Xerox patent claims. He's also worked in the medical device area, enforcing patents for St. Jude Medical on vascular closure devices.
Patents

Motorola Patents a Display That Can Heal Its Own Cracked Screen With Heat (theverge.com) 41

An anonymous reader quotes a report from The Verge: A patent published today explains how a phone could identify cracks on its touchscreen and then apply heat to the area in an effort to slightly repair the damage. The process relies on something called "shape memory polymer," a material that can apparently become deformed and then recovered through thermal cycling. Thermal cycling involves changing the temperature of the material rapidly. This material could be used over an LCD or LED display with a capacitive touch sensor layered in, as well. Although the phone could heat the polymer in order to restore it, a user's body heat can be used, too.
Patents

Toyota Patents Cloaking Device To Make Car Pillars Appear Transparent (thedrive.com) 105

Toyota has patented a cloaking device that aims to make big, chunky car pillars transparent. The "apparatuses and methods for making an object appear transparent" which Toyota just patented uses cleverly placed mirrors to bend light around an object making it visible from the other side. The Drive reports: So you're not really seeing through the pillars, you're seeing around them. This is a much cheaper option than adding more cameras and screens all over the place and much more realistic than Harry Potter's invisibility cloak. The patent was filed with the U.S. patent office by Toyota North America, so if Toyota does go forward with this technology, we can probably expect to see it in cars in the U.S.
Businesses

US To Review Qualcomm's Complaints About Apple iPhone Patents (reuters.com) 35

U.S. trade officials have agreed to investigate Qualcomm's allegations that Apple Inc infringed on patents with its iPhone7 and other devices, the U.S. International Trade Commission said on Tuesday. From a report: The ITC will make its decision "at the earliest practicable time" and will set a target date for completing its investigation within the next 45 days, the commission said in a statement. Qualcomm filed the complaint in early July, asking U.S. trade regulators to ban certain models of the iPhone that contain so-called broadband modem chips, which help phones connect to wireless data networks, that were not made by Qualcomm. Apple began using broadband modem chips made by Intel Corp in the iPhone 7. Qualcomm has not alleged that Intel chips violate its patents but says the way Apple uses them in the iPhone does.
Patents

'Podcasting Patent' Is Totally Dead, Appeals Court Rules (arstechnica.com) 30

A federal appeals court affirmed the April 2015 inter partes review (IPR) ruling -- a process that allows anyone to challenge a patent's validity at the U.S. Patent and Trademark Office -- that invalidated the so-called "podcasting patent." "That process was held by a company called Personal Audio, which had threatened numerous podcasts with lawsuits in recent years," reports Ars Technica. From the report: Back in 2013, Personal Audio began sending legal demand letters to numerous podcasters and companies, like Samsung, in an apparent attempt to cajole them into a licensing deal, lest they be slapped with a lawsuit. Some of those efforts were successful: in August 2014, Adam Carolla paid about $500,000. As Personal Audio began to gain more public attention, the Electronic Frontier Foundation, however, stepped in and said that it would challenge Personal Audio's US Patent No. 8,112,504, which describes a "system for disseminating media content representing episodes in a serialized sequence." In the end, EFF raised over $76,000, more than double its initial target.

[T]he history of Personal Audio dates to the late 1990s, when founder Jim Logan created a company seeking to create a kind of proto-iPod digital music player. But his company flopped. Years later, Logan turned to lawsuits to collect money from those investments. He sued companies over both the "episodic content" patent, as well as a separate patent, which Logan and his lawyers said covered playlists. He and his lawyers wrung verdicts or settlements from Samsung and Apple.

Electronic Frontier Foundation

HP Patents 'Reminder Messages' (eff.org) 68

Daniel Nazer reports via the Electronic Frontier Foundation: On July 25, 2017, the Patent Office issued a patent to HP on reminder messages. Someone needs to remind the Patent Office to look at the real world before issuing patents. United States Patent No. 9,715,680 (the '680 patent) is titled "Reminder messages." While the patent application does suggest some minor tweaks to standard automated reminders, none of these supposed additions deserve patent protection. Although this claim uses some obscure language (like "non-transitory computer-readable storage medium" and "article data"), it describes a quite mundane process. The "article data" is simply additional information associated with an event. For example, "buy a cake" might be included with a birthday reminder. The patent also requires that this extra information be input via a "scanning operation" (e.g. scanning a QR code). The '680 patent comes from an application filed in July 2012. It is supposed to represent a non-obvious advance on technology that existed before that date. Of course, reminder messages were standard many years before the application was filed. And just a few minutes of research reveals that QR codes were already used to encode information for reminder messages. The Patent Office reviewed HP's application for years without ever considering any real-world products. Indeed, the examiner considered only patents and patent applications.
Printer

100x Faster, 10x Cheaper: 3D Metal Printing Is About To Go Mainstream (newatlas.com) 119

Big Hairy Ian shares an article from New Atlas: Desktop Metal -- remember the name. This Massachussetts company is preparing to turn manufacturing on its head, with a 3D metal printing system that's so much faster, safer and cheaper than existing systems that it's going to compete with traditional mass manufacturing processes... Plenty of design studios and even home users run desktop printers, but the only affordable printing materials are cheap ABS plastics. And at the other end of the market, while organizations like NASA and Boeing are getting valuable use out of laser-melted metal printing, it's a very slow and expensive process that doesn't seem to scale well.

But a very exciting company out of Massachusetts, headed by some of the guys who came up with the idea of additive manufacture in the first place, believes it's got the technology and the machinery to boost 3D printing into the big time, for real. Desktop Metal is an engineering-driven startup whose founders include several MIT professors, and Emanuel Sachs, who has patents in 3D printing dating back to the dawn of the field in 1989. The company has raised a ton of money in the last few months, including some US$115 million in a recent Series D round that brings total equity investments up over US$210 million. That money has come from big players, too, including Google Ventures... And if Desktop Metal delivers on its promises -- that it can make reliable metal printing up to 100 times faster, with 10 times cheaper initial costs and 20 times cheaper materials costs than existing laser technologies, using a much wider range of alloys -- these machines might be the tipping point for large scale 3D manufacturing.

Patents

Apple Paid Nokia $2 Billion To Escape Fight Over Old Patents (theverge.com) 35

An anonymous reader shares a report: Apple's latest patent spat with Nokia resulted in a $2 billion up-front payment from the iPhone maker, a colossal sum that seems to indicate Apple was eager to avoid a protracted and ugly dispute that could rival the one it had with Samsung. The new details of the settlement, which was first announced back in May without the disclosure of a financial amount or the new licensing terms, were spotted in Nokia's second quarter earnings release. "We got a substantial upfront cash payment of $2 billion from Apple, strengthening further our cash position. As said earlier, our plans is to provide more details on the intended use of cash in conjunction with our Q3 earnings," reads the official transcript of Nokia's quarterly earnings call with investors yesterday. Neither Nokia nor Apple have disclosed the terms of the new licensing deal, including whether it involves recurring payments or how many years it will be in place.

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