SimpleAir, an inventor-owned technology licensing company, holds eight issued U.S. Patents and several pending patent applications in the areas of wireless content delivery, mobile applications, and push notifications. SimpleAir has licensed its inventions to many leading technology companies, including Apple. See also Apple, others settle with patent troll SimpleAir. Google decided not take a license and/or otherwise settle a patent infringement litigation brought by SimpleAir and now has been found to infringed one of SimpleAir’s patents.
A federal jury in the Eastern District of Texas returned a verdict on Saturday, January 18, 2014, following a week-long trial presided over by the Judge Rodney Gilstrap, finding that Google infringed SimpleAir’s U.S. Patent No. 7,035,914. The ’914 patent covers a system and method for connecting on-line networks with on-line and off-line computers. The system provides for broadcast of up to the minute notification, which thereby provides an instant call to action for users who are provided with the ability to instantaneously retrieve further detailed information. The notification is wirelessly broadcast to wireless receiving devices attached to computing devices. The services accused of infringing the ’914 patent were the Google Cloud Messaging (GCM) and Android Cloud to Device Messaging (C2DM) services. Those services are used by Google to process and send instant notifications for Android applications, such as Facebook, Twitter, and Gmail.
The jury was unable to reach a unanimous decision on the amount of damages to award for Google’s infringement. The damages issue will be decided by a separate jury in a second trial limited to the issue of damages. SimpleAir has announced that they will seek damages in excess of $125 million for Google’s infringement in the damages retrial.
Spherix Incorporated (NASDAQ: SPEX), a Tysons Corner, Virginia intellectual property monetization company, recently announced that it has entered into a series of agreements with Rockstar Consortium (US) LP in which Spherix Incorporated acquired over 100 patents and patent applications. The newly acquired patents cover among other things, numerous aspects of access, switching, routing, optical and voice communication network devices.
In addition to the 100 patents/application acquired will complement the Rockstar patents previously acquired by Spherix and will further support Rockstar’s current licensing efforts. Rockstar will also share usage information with Spherix for the transferred patents, and will assist Spherix in working with the patents’ inventors, to assist Spherix’s commercialization efforts.
With the enormous media focus on the so-called problem of patent trolls one might start to think that any patent owner can easily stand up to and take on industry giants to obtain lottery like winnings. Not so fast! The great irony is that if you want a larger entity to fold like a cheap suit and settle quickly you would be better off filing a frivolous patent infringement lawsuit using a dubious patent. You see, the great irony is this: Only when large entities get sued on completely frivolous patent claims do they settle right away. Now I’m not advocating that course of action, rather just observing the truth of the matter asserted.
On the other hand, if you have a strong patent that covers real technology, perhaps pioneering technology, and there are substantial damages, the tech giants you sue will vilify you as a patent troll in the media and do whatever they can to make sure that they never pay you a dime. This is particularly true when the small company is building upon a base technology already owned by one of those technology giants.
Many large companies are happy to pay nuisance value on frivolous claims, but they are never going to pay meritorious claims if they can avoid it using any and all techniques and procedural machinations. The reality that frivolous claims get settled and meritorious claims get litigated has to make you wonder whether the so-called patent troll problem is really a problem or whether it is something that they actively perpetuate in order to achieve the “reforms” they continually ask Congress to adopt.
Take a quick listen to the many conversations that have been taking place in the computing world over the past year and you’ll likely notice one term being thrown about fairly often: cloud computing. This new form of computer networking is fraught with possibilities that would completely transform the idea of computing, whether in the home or in the workplace.
Even as more of us are becoming acquainted with the idea of the cloud, many of us are still woefully ignorant of what the term actually means. For example, a survey by cloud software developer Citrix Systems showed that 54 percent of respondents did not believe that they used cloud-based computing, even though 95 percent of them actually did. Almost as many respondents confused the cloud metaphor, believing that stormy weather could actually interfere with cloud systems.
Cloud computing is set to take a much more prominent role in our technologically savvy society. Providing advanced computing applications through networking channels severely reduces the IT needs of homes and businesses who want to use more powerful software programs without installing them on a client computer. With more than $131 billion in economic activityfor the cloud computing sector in 2013, more business infrastructure and software services should be taking to the cloud than ever before.
Entire corporations have begun to narrow their focus on cloud computing. IBM has been developing cloud-based solutions for business needs for a few years now, and Google’s cloud options for Internet users include online file storage and document creation. It is against this backdrop that we want to take a quick look back at 2013 and celebrate what some could call the Year of the Cloud, during which the concept began to truly enter the mainstream consciousness.
The man with the electronic throat tattoo. Figure 3 from U.S. Patent Application 20130297301.
File this in the “you have to be kidding me” category if you like, but U.S. Patent Application No. 20130297301, which published November 7, 2013, shows that Google has applied for a patent on a system and method of coupling an electronic skin tattoo together with a mobile communication device. It seems that this particular electronic tattoo incorporated circuitry within the tattoo that enables the picking up of acoustic sounds that emanate from the throat region of the body when said tattoo is applied in close proximity to the throat region.
Essentially, Google is trying to patent a throat microphone that is embedded in a tattoo.
With this patent application it seems to me that Google has officially jumped the shark, and has lost all credibility in the patent debate they seem so desperate to influence in an anti-patent way. Google representatives constantly preach that they don’t need patents, they don’t want patents, the world would be a better place without patents, and that the only reason that they obtain patents is for defensive purposes. That specious argument never rang true, particularly when they would pivot from “we only get patents for defensive purposes” into complaining about the injustice they suffer at the hands of patent trolls, as if to tie the two wholly unrelated matters together.
Once again, IPWatchdog’s Companies We Follow is returning to Mountain View, CA, to focus on Google Inc., one of the premier names in online technologies throughout the world. In mid-November, the corporation received a major legal victory when the U.S. Second Circuit Court of Appeals decided that the company’s Google Books service is protected under the “fair use” principle of copyright law. Google’s Android system is still very strong in the mobile device market, which the corporation is hoping to improve with the recent launch of its low-cost Moto G smartphone.
Google is a major player in the American patent system, and the U.S. Patent and Trademark System regularly churns out bunches of issued patents and patent application publishings which are assigned to the company. This week, we’re profiling a number of interesting technologies for mobile devices and online software applications that this multinational corporation is either seeking to protect or for which they’ve earned the rights already.
Today’s column starts with a thorough profile of one patent application that seeks to converge content from social networks with the news feed that a person sees when browsing a news aggregator service. Google wants to patent a system that analyzes a user’s social media feeds to pull up relevant media or comments that may enhance the value of browsing through news stories. Other patent applications protect better routing systems, both for public transportation as well as personal vehicles, and one discusses an interesting system of providing instant text translations between two foreign parties on one tablet computer.
Tech sector giants have been crying and moaning about how the patent system has run amok and needs to be scaled back, and continually beg for patent reform that would gut the patent system and weaken patent rights. Immediately after successfully lobbying for the America Invents Act (AIA), they are back at it again supporting new legislation aimed at making it more difficult to enforce patent rights pending in Congress. If they prevail with the passage of the Innovation Act, they will be back at it again no doubt. The longer term goal is to strip the International Trade Commission of its patent jurisdiction, which would make it impossible to stop the importation of infringing goods prior to entering the country. See Will the ITC Lose Its Patent Jurisdiction and Are Some Patent Holders More Equal Than Others?
The grumbling of the tech giants is increasingly being picked up by patent abolitionists who say “see, even Microsoft thinks there should be no patents,” which only adds to the hysteria. Of course, Microsoft is one of the top patenting companies year after year and they aggressively pursue software patens themselves. So while some of Microsoft’s public statements suggest that they do not like software patents, they aggressively seek them and then aggressively pursue licensing strategies. So it seems that Microsoft may talk a good game about software patents being undesirable and a real scourge, but when push comes to shove they will get as many patents as they can. Quite curious if you ask me!
So why do the tech giants want to make it hard for small businesses and individuals to get patents? Do you remember when “Wang” was synonymous with “computer,” or at least “word processor”? Perhaps not, but once upon a time it was indeed. The story of Wang is the story of technology companies generally speaking. What has always been true is that technology companies that reach the top are only passing through on their way down; to be replaced by smaller, leaner companies that pursue appropriate strategies and have solid and expandable innovations in demand.
Even mighty Microsoft couldn’t maintain their monopoly, and only the foolish would anticipate Google, Facebook and other tech giants to be on top indefinitely. That isn’t how the tech sector works, or is intended to work. But if a vibrant, robust and strong patent system is not there for start-ups today they will never become the giant, innovation shifting, growth companies of the future. That would be terrible for the economy, lead to stagnant innovation and guarantee that slothful, giant companies that have lost the ability to innovate would remain dominant rather than going the way of the dinosaur.
How to Write a Patent Application is a must own for patent attorneys, patent agents and law students alike. A crucial hands-on resource that walks you through every aspect of preparing and filing a patent application, from working with an inventor to patent searches, preparing the patent application, drafting claims and more.
Without hesitation I recommend One Simple Idea and think it should be required reading for any motivated inventor. There is so much to like about the book and so much that I think author Stephen Key nails dead on accurate. The book is educational, information and inspirational. For the $14 cover price it is essential reading.
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