Week 14, Post 28: Retractable pillow

http://www.google.com/patents/US6711769?dq=6711769&hl=en&sa=X&ei=kieEUYSBDKbAigKi3YHICg&ved=0CDUQ6AEwAA

   Well hello. I want to lie down in my bed. And cover my head with an umbrella. That's just a normal thing. All the time. So this is a patent that is for a pillow with a retractable umbrella. I guess this would be effective maybe at the beach...but...that's like it. I don't know how often people are like ' dang, i really wish my umbrella was attached to my pillow. that's just my dream'. well obviously it was someone's.

   In terms of validity, it is quite valid. In terms of prior art, it does use a basic umbrella, a pillow, and devices that extend. It utilizes existing technology, so it passes enablement. However, it is quite obvious idea. Anyone could do this. And it is quite common sense.

   The idea is silly and i'm not sure who uses this.

Week 14, Post 27: Smoker's Hat

http://www.google.com/patents/US4858627?dq=US4858627&hl=en&sa=X&ei=QQ2EUaa-Laf5igLvsoD4DA&ved=0CDUQ6AEwAA

This is a silly patent for a device that is a hat that covers the head of a smoker, intakes both contaminated smoke air and non containment  and then cleans it and deoderizes it into the air. This is just silly. I mean, who would actually wear this thing? Sure it's a great idea, but you have to charge the device, and frankly you'll look pretty silly.

   However, in terms of a patent. It does pass. It is a valid idea and does take contaminated air that smells bad and makes it smell good. In terms of prior art, I'm pretty sure no one has thought of this before and manufactured something like this. It does use technology that exists, so it passes enablement. It's non-obvious, no one has thought of this before (besides maybe spraying some febreeze). And it passes common sense, because i'm sure no one would have thought just to make it

   But that still doesn't pass the fact this is a silly design. Who would wear this?

  validity, prior art, enblement, obviousness, and common sense

Week 13, Post 26: New Backberry phone

http://www.ubergizmo.com/2013/04/blackberry-patent-featuring-slider-smartphone-might-hint-at-bb10-torch/
 
       BlackBerry just filed a new patent that hints that the company will be coming out with a new phone, a slider phone with a keyboard. While is great for the company, I just feel that a slide phone is sort of outdated in comparison to what's top in market, i.e. samsung galaxy and the apple iphone and it's touch screen. I personally know a lot of people who switched from blackberry to either iPhone or Android simply because the BlackBerry phone was outdated. I'm seriously interested how this will play out in the market. Will BlackBerry come out with apps? Will there be an app store? Or will blackberry run Android on it's phone?
        Also, do people really want a slide phone? Personally, I feel like a slidephone is so.....3 years ago. Maybe I really enjoy having a touch screen and sort of think a slide phone is old. Do we really need a keyboard? Is it really annoying. I use to have one with a touch screen and barely used the keyboard.
      I want to see what this new BlackBerry could become. How is it going to fare in market?

Week 13, Post 25: Hon Hai

http://www.microsoft.com/en-us/news/Press/2013/Apr13/04-16FoxconnPR.aspx

   So this past tuesday, Microsoft and Foxconn's parent company Hon Hai signed a license agreement.  What this agreement does allows for use of Microsoft's patent portfolio for devices running the Android and Chrome OS (i.e. smartphones, tablets, TV, etc). Hon Hai will be paying royalties to Microsoft.Hon Hai is currently the world's largest contract manufacturer. Hon Hai itself holds more thatn 54,0000 patents worldwide.
    To me, this agreement seems more like an acquisition of a company into Microsoft. Microsoft has gained the largest manufacturing company, meaning that that they could be soon producing a lot more Windows phones and distributing worldwide, their 'global reach'. Microsoft has many patents, and now have captured a super giant patent holder in a licensing contract.  This is not to say that Hon Hai will only work with Microsoft. Instead, Hon Hai has now agreed to manufacturer Microsoft devices. Since it's the largest manufacturer, I have a feeling that Microsoft has big plans for their market and are prepping to deploy a new device. I am interested to see how this plays out

Week 12, Post 24: Google, a third party?

http://www.fosspatents.com/2013/04/apple-calls-out-google-on-flawed-search.html
 
   So I was reading this article from FOSS patents about how Apple is calling out Google for a flawed search methodology. What reallly struck me important is Google's firm statement that they are a third party in the case in Apple vs. Samsung, and yet providing Samsung the OS in question, lawyers on retainment, and engineers to back up Samsung. In reality, Google is providing Samsung with all the help they can give.  Apple calls out Google stating that they cannot be a third party if they are so HEAVILY involved in the case.
   I have to agree with the article and Apple that it is unfair of Google to treat themselves as 3rd parties. They are highly involved in the case and taking sides. Google is also trying to not print the 'search words' they utilized in the case in regards to the slide to unlock litigation.
   It seems to me that Google is heavily involved and yet denying their involvement in this particular case. Google seems to be inconsistent in their involvement in other litagations that surround the technology and android field, sometimes they are involved and sometimes they are no where to be found. I think Google should fess up and stop saying they are a third party in the case between Apple and Samsung. They are clearly not, so why lie?

Week 12, Post 23: Troller's strike again!

http://appleinsider.com/articles/13/04/12/apple-hit-with-patent-suit-over-simultaneous-voice-and-data-wi-fi-tech

Well, another non-practicing entitity, aka patent troll, has striked again! This time, Wyncomm, the NPE, is targeting Apple, Acer, ASUSTek, Blu Products, Bonac Innovation, and Casio. Wyncomm is arguing that these companies are violating a 1996 patent from AT&T that allowed for simultaneous voice and data technology. The patent originated in AT&T's possession but was transferred multiple times until it has reached Wyncomm.
     I think this is the first time I've actually read about a patent litigation utilizing patents that happened before 2000. I think technology has evolved and grown so much since then that earlier patents have been outdated. But obviously this is not the case. I am bit shocked that a company was able to patent the simultaneous voice and data technology. I know for a fact that our phones never had data capabilities in the 90s, so how did AT&T come up and patent such a concept? I still people had those brick cellphones only capable of calling, not even texting!!
    This will really affect Apple with their iPhones and iPads. I have an iPhone and the ability to talk to someone on the phone and then simultaneously google something up on the internet has been really useful. I think people who have gotten accustomed to this ability will not be pleased with newer versions of Apple products if the case proves Apple guilty and Wyncomm does not license.

Week 11, Post 22: Samsung loses

http://newyork.newsday.com/business/technology/apple-vs-samsung-iphone-ipad-patent-infringed-by-galaxy-nexus-judge-rules-1.5017414

Wow a big win for Apple. Apple just won a huge case that may stop the importation of Samsung Galaxy and Nexus. They infringed patent that described the methodology of text selection on the iPad/iPhone.
    I thought that this was huge for Apple. Samsung is clearly Apple's biggest competitor (and also biggest enemy in patent litigation) so this win will do a lot for Apple. It'll definitely hurt Samsung's sales as they would not be allowed to import their products in, and the US is a pretty big market for smart phones. In addition, Samsung will have to create a new method for text selection. Also, I feel that if Apple can win this case in the US, they may (and probably will) use the same arguments and sue Samsung in other countries to slow down their business. It's mean, but will definitely help Apple achieve world domination, I mean better sales. I am intrigued to see what Apple does next. I am also interested to see if Samsung will uphold the ruling or appeal. If they appeal, it's going to be a long lengthy legal battle ahead of us.

Week 11, Post 21: iMessage

http://www.patentlyapple.com/patently-apple/2013/04/mobile-telecommunications-technologies-sue-apple-over-imessage.html

So I read this blog which talked about Mobile Telecommunications Technologies (MTEL)) suing Apple. What they claim is that Apple infringed upon 7 of their patents, including the communication service behind iMessage. For those who don't know what iMessage is, it is a messaging system used by Apple on all their devices that allow the use of wi-fi, internet etc to send messages to and from iOS machines.  What's great is that its completely free (yay for free texting!).  MTEL is arguing that Apple is infringing on their patents by offering this service(specifically Patent 5590403, 5659891 and 5915210). MTEL presented the case in the Texas Eastern District Court.
   What I found interesting was that someone has actually patented this system. I feel that this form of messaging is very similar to many products out in the world, gchat, facebook messanger, etc. I guess I'm a bit confused why MTEL is targeting Apple. I'm also quite surprised that this method of sending messages is actually patented. I feel that since taking this course, I have realized there are so many things that are patented that I never sit down to think about!

Week 10, Post 20: Facebook Smartphone

Related Articles:
http://www.nydailynews.com/news/world/facebook-home-app-display-friends-messages-smartphone-homepage-article-1.1307753
http://www.extremetech.com/mobile/152595-facebook-home-for-android-and-htc-facebook-phone-launch-on-april-12

Yesterday, Facebook announced it's new 'app' for the Android system, "Home". When I first heard of this, I though that Facebook had gone to the effort of creating its very own operating system, and was immediately intrigued. I found out that the Facebook "Home" is much more of just user interface that is placed on top of the android system.


   
   The "Home" allows users to utilize all their apps and even text/facebook message their friends without exiting whatever they are doing on their screen.
   Why is the Facebook "Home" so important? Well first of all, I feel like this is Facebook's first step into becoming more then just a social network website. Facebook has dominated the globe with it's site and I feel that they are trying to move forward with new ideas. I feel that this Facebook's "Home" is possibly the first steps for Facebook to create their own OS.
     Facebook is currently supported for the HTC One, HTC One X, HTC One X+, Samsung Galaxy S3, Samsung Galaxy S4, and Samsung Galaxy Note II. However with these phones, you will have to download the "home' app from Google Play when available on April 12, 2013. Facebook has worked with HTC and will be launching a phone, HTC First, that will come with the "Home" already installed onto the phone.
   I am very interested in seeing how many Android users (sorry I'm an iPhone user) will make the switch over to using Facebook "Home" on their device

Week 10, Post 19: Apple's patent is invalidated

http://www.fosspatents.com/2013/04/apples-slide-to-unlock-patent.html

So I guess this is pretty big news. Apple has had this patent which makes the 'slide to unlock' feature of the iPhone, iPad, iWhatever. Apple has been using this against their competitors, but just loss in Germany against Google/Motorola. 
   The German courts hold that the idea of unlocking the device through a swipe mechanism is just not patentable. Why? Because everyone phone needs to be able to do it. The sliding feature is much more of a visual then anything else, and therefore was deemed not a technical innovation. 
   I have to agree with the German courts on this ruling. Every touch screen needs a mechanism of unlocking their phone to let the phone know that we are actually in attempt to utilize it, not that it's touch screen was brushed. After reading this article, I went on my own search to find a touch screen device that didn't utilize some sort of swipe mechanism and couldn't find any! 
   I feel that Apple is just trying to use their power and wealth to slow down other competitors over petty things like how to unlock your phone.

Week 9, Post 18: Google, keeper of information

Article:
http://www.fosspatents.com/2013/03/googles-promise-not-to-assert-10.html

   This article overviews Google being quite stingy in their pledge in the open source patent pool.  Basically, Google has pledged to not sue open source a total of 10 patents. You might think, wow that's really kind of Google to 'donate' 10 patents for open source code writers to use in their development. But let's think about other companies who have pledged in this pool: IBM pledged 500 and Sun approximately 1,600.
    10 really isn't that big of a number. It's such a small fraction of Google's 17,000+ patents they actually own. 17,000 is just the number Google has published, it still has a number of patents that are currently in transaction or not formally reassigned until assertion in court. In my previous entry, I talk about Microsoft's Patent Tracker, a database which allows ANYONE to search through ALL of Microsoft's patents. With Google's pledge of 10 patents to open source pool, I have a feeling that Google will not be making any strides like Microsoft and allow for people to 'google' their patents.
    It is true that this 10 patents are just Google's initial contribution to the pool. I wonder if they will pledge any more patents in the future, but I think there are dim chances.

Thoughts?

Weak 9, Post 17: Microsoft Patent Transparency

    Microsoft just announced that on April 1st, they will be launching a Patent Tracker. This patent 'tracker' will allow anyone to search through Microsoft's patents, basically like a google search through all of microsoft's patents. This is in hopes to allow other companies to not infringe upon their patents, by providing a clear, transparent search composed of all their patents.
   I think this is actually quite great. I've read in other articles that the vast number of patents one company can hold, and actually what each patent is, is so large that it could be hard to know if you're using the same technology as another company in patents. The Patent Tracker will hopefully allow companies clarity and ease in developing their own patents, ensuring they are not obstructing into Microsoft's area and possibly get sued.
   I wonder if other companies will follow Microsoft and make their patents transparant

http://blogs.technet.com/b/microsoft_on_the_issues/archive/2013/03/28/enhancing-transparency-putting-microsoft-s-patents-on-the-web.aspx

Week 8, Post 16: German Courts referring to CJEU

http://www.fosspatents.com/2013/03/german-court-refers-huawei-zte-standard.html
 
   This article talks about German Dusseldorf Regional Court referring to the highest court in Europe, the Court of Justice of the European Union(CJEU). Dusseldorf Regional Court hears more patent infringement cases then any court in Europe, so it is quite surprising to see that they are unable to make a decision. The reference was ordered on the Huawei vs. ZTE case, two giant Chinese telecommunications hardware makers. The Court was unsure of how to proceed and present CJEU with five fundamental questions over the different remedies available to holders of FRAND (explained in previous post)-pledged SEP concerning the availabilities of remedies to holders of FRAND-pledged SEPs  (standard essential patents).
   The call upon CJEU will actually affect how all cases will be held and be used as a principle for further cases throughout Europe, meaning it will affect any case after CJEU responds to Dusseldorf Court. The case between Huawei and ZTE concerns over 4G/LTE cellular telecommunication patents, where Huawei claims ZTE infringes on their patents. Prior, two different cases between the two companies ended in two different results: one found ZTE infringing and other did not.  It ended with Huawei licensing their patent to ZTE. However, now with this new case, their is a question in how Dusseldorf should continue.
   I think it will be interesting to see what happens in this case as this case (which may seem small, probably because I have never heard of either companies). Further reading the article points out how this case may in fact affect patent infringement cases between Samsung and Google also occurring in Dusseldorf! This could be a huge impact on such large companies in the Europe!!

Thoughts?

Week 8, Post 15: Ericsson, the new troll

http://www.fosspatents.com/2013/03/samsung-says-ericsson-behaves-like.html

   I'm sure most of you have hear of Ericsson, part of what use to be Sony-Ericsson cellphones until Ericsson recently sold its part to Sony.  Currently, Ericsson is suing Samsung for patent infringements  in which Samsung has retaliated with their own complaints over patents. Samsung has asserted 8 of their own patents over Ericsson in their retaliation and a breach of FRAND agreement. If you do not know what FRAND stands for, it is "Fair, Reasonable, and Non-Discriminatory" and is typically used to describe patent licensing terms.
    What I find very interesting in this article is the fact that Samsung compares Ericsson with the infamous patent trolls. Ericsson is currently out of the cellphone market and yet still hold many patents in the field. Instead of quietly exiting the arena, Ericsson is using their patents in order, as what it seems, to provide some inflow of cash.  Ericsson is no longer competing with Samsung and the other companies for the market.  I agree with Samsung that Ericsson is acting like a troll. Instead of allowing companies like Samsung to grow and develop their products, Ericsson is utilizing their patents to halt Samsung just so they can make some cash!
   Thoughts?

Week 7 , Post 14: Nokia vs. HTC

http://www.fosspatents.com/2013/03/nokia-drops-several-claims-of-one.html

   After reading this article, it seems that the patent war between Nokia and HTC isn't working out for Nokia. Nokia has dropped 2 out of 9 patent in-suits and has dropped several claims.  It does not seem to be working out for Nokia and they seem to be failing in winning these litigations against HTC.
    I agree with the author that there will definitely be some sort of out of court settlement between the two companies over the different arguments. Let's see what happens!

Week 7, Post 13: Hmmm

Todays reading:
http://www.fosspatents.com/2013/03/google-quotes-steve-jobs-biography-in.html

    This article discusses the patent wars between Google and Apple about banning the import of iPhone into the US. What I find so interesting in this article is that Google quotes Apple's own Steve Job's biography into their brief. A quote talks about Jobs being amazed by the use of a proximity sensor that figured out when you had the phone near your ear, in order to not allow your lobes press buttons on accident.
   I think Google is trying to bring importance and legitimacy of their claims against Apple. Utilizing Jobs' words for their own benefit basically makes it seem like Jobs advocating for their technology and therefore, the court should rule with Google.

   Let's see if this becomes fruitful

Week 6, Post 12: Samsung Loses again

Todays reading:
http://www.fosspatents.com/2013/03/uk-judge-delines-samsungs-job-offer.html

Samsung fails to win again! I guess that't not a super happy thing. Across the globe, Samsung has failed to prevail 25 standard-essential patents (SEP) assertions against Apple, it's biggest competitor. Judges across the globe are siding with Apple's counterclaims, forcing Samsung to concede statements, which then are used against them in other cases. Samsung has only been able to win 2 cases in Korea and 1 on the Netherlands. It seems that Samsung has a 1 in 8 winning chance against Apple.
   I personally feel that Samsung is attempting to use the cases to fend off and force Apple to slow down, but instead it's actually hurting them instead! I think what might be best for Samsung is to focus on their own company and products and counterclaims against Apple. Every time they bring Apple court, they have a higher chance losing the case, money, and the ability to use some of their own technology!!

Week 6, Post 11: Google's Royalty Free License

This weeks reading:
http://www.fosspatents.com/2013/03/patent-clouds-remain-over-vp8-google.html

This blog entry talks about many things, but what struck out to me was the royalty-free licensing agreement between Google and Nokia. Currently, Nokia is suing HTC over patent infringment over the use of an 'apparatus and method for compressing a motion vector field.' Google has chosen on to take a royalty free license from Nokia concerning this patent (EP1206881). However, in email transcriptions, the context of the agreement seems faulty and does not follow policy. The definition of the agreement which is linked in the transcription isn't actually to the W3C current and royalty-free patent policy, but instead to a 3 year old policy.
   This is interesting to me as the policy that Google utilizes for the terms of their agreement is actually an outdated policy. Will this actually hold in a court of law? I feel that it would not since they are making the agreement this year, but utilizing old and outdated definitions. I think Google will need to update the terms of the agreement utilizing the current terms in order to fully protect themselves in case of a lawsuit.

Week5,Post10:Mercedes-Benz New Commercial

In case you haven't seen it:

http://www.ispot.tv/ad/7dVm/2013-mercedes-benz-e-350-patents

  I was casually watching tv) and this ad showed during the commercial break. Usually, I pay no attention to ads, but this one caught my eye. Most probable because it talks about patents!
   In this ad, Mercedes- Benz claims to own over 80,000 patents and that's why they're car is so great. It's interesting to me that Mercedes is including information about the number of patents they own. It seems like their marketing strategy is to play off that if you own a lot of patents, you are creators and the best. And owning 80,000 patents is quite a feat. What they don't mention is that a lot of companies own a lot of patents and a lot of trolls own patents and sue other people for more money!

Funny what they do leave out.

Week5,Post9:Congress's View

Food for thought:
http://about.bloomberglaw.com/law-reports/smartphone-patent-war-briefing-in-congress-with-one-conclusion-legislation-unlikely/

A panel comprised of 4 professors of law and writers met in a Congressional briefing to discuss the AIA and the current patent litigation wars. Three out of the four panelist argue that the system is broken, however one person says that it will all blow over. I thought that this was an interesting argument. Adam Mossoff argues that this war will all blow over, as it did with the sewing machines and pharmaceuticals.
   I'm not sure that I agree with his stance. I think that the amount of money and time spent by each company towards this patent wars is huge in comparison to maybe the companies back in history. The smartphone boom is huge with a large market (let's think in billions of dollars) that I think these giant companies are not going to want to lose. Maybe a patent pool may happen, but I doubt it in the next five years.