Posts Tagged: "iphone"

For patent holders in design patent infringement cases, having multiple component design patents for any given product will help maximize the potential damage award. A multiple design patent strategy is now more important than ever. Given the ease with which design patents are obtained and the relative inexpensive cost associated with obtaining a design patent (at least when compared to the cost of obtaining a utility patent) innovators who must rely on design patent protection will almost certainly need to more strategically acquire design patents as part of a truly robust design patent portfolio building strategy.

Being targeted by PAEs is nothing new for Apple — but in an anti-trust complaint dated December 20, 2016, Apple finally said enough was enough. Pulling no punches, Apple accused the PAEs of “conspiring with Nokia in a scheme to diffuse and abuse [standard essential patents] and, as the PAEs and Nokia fully intended, monetize those false promises by extracting exorbitant non-FRAND royalties in way Nokia could not”. Using PAEs for direct attacks against Apple would be a smart, albeit sneaky, strategy for Nokia. Since PAEs do not themselves sell any products, there would be little risk of a countersuit from Apple – as well as a general lack of commitment to FRAND licensing terms that spell lower royalties.

GPNE sued Apple for direct infringement of claims in two of GPNE’s patents. The patents at issue relate to a two-way paging system, where the paging devices are capable of not only receiving messages but also sending messages back in response. The claims asserted by GPNE all recited “nodes” rather than “pagers,” even though the word “node” was not used anywhere other than in the Abstract of the two patents containing the asserted claims. Seizing on this, Apple argued at the Markman hearing that a “node” as claimed should be construed as being a “pager.” The district court ultimately agreed with Apple, and ultimately so too did the Federal Circuit.

The third quarter continued Apple’s declining iPhone sales, eating into the company’s most profitable sector. iPhone revenues dropped from $31.3 billion in 2015’s third quarter down to $24 billion in the most recent quarter, a loss of 23 percent. That drop in revenues follows a sharp reduction in unit sales for the iPhone, down to 40.3 million units sold in the recent quarter from 47.5 million units sold in 2015’s third quarter… Meanwhile, Apple as so far in 2016 earned 29 U.S. smartphone patents, with these patents primarily relating to user interfaces and portable displays.

On Tuesday, June 28, Apple was granted a new patent, U.S. Patent No. 9,380,225, entitled “Systems and methods for receiving infrared data with a camera designed to detect images based on visible light.” The patent essentially discloses a method for a smartphone’s camera to receive data over infrared waves—data that could alter functionality of the phone. Since the grant of the patent there has been a viral outpouring of articles on using this technology to disable photography and video capture, particularly at live concerts and theater events. While this apparently invasive tech may be something to keep an eye on, it’s important to consider if this can be implemented tomorrow, in a future iPhone, or in an Apple device further down the road. How soon should we start to worry?

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its damages jurisprudence in the utility patent context – specifically, the lack of an apportionment requirement between patented and unpatented portions of an infringing product. While this may make design patents increasingly desirable, the Supreme Court’s decision to review the issue now raises the possibility that the discrepancy will be resolved.

The FBI is not asking for a backdoor to the Apple iOS. Apple says that the FBI wants Apple to create a new version of the iOS that has a backdoor that allows bypassing security on the devices. If true, this is a preposterous request and it would be illegal, so I don’t believe it’s the case. A new OS would not allow the terrorist phone to be hacked. In fact, it would have no effect whatsoever on any existing phone that already had an older, secure OS. This is more likely a red herring that Apple is using to garner publicity and show that it is protecting customers from the big, bad government.

The victory, if it stands, will encourage more design patent infringement claims, and Apple will likely find itself defending against similar suits in the not so distant future. On December 14, Samsung filed a petition asking the Supreme Court to hear an appeal in the case. Given the economics of future litigation, Apple might quietly hope that the Court takes the opportunity to articulate the appropriate standard for awarding total profit damages for infringement.

Only someone who is completely indifferent to the truth, and who has intentionally put on blinders so they don’t see the truth, could ever say that the public does not benefit from federally funded research. It is sad that this even needs to be pointed out, but critics of the patent system and federal research funding can take intellectual dishonesty to bizarre heights. In other words, they are not beyond making outright false statements, which all too frequently go unchecked. Equally ridiculous is the argument that the federal government built every technology that is the result of some funded scientific breakthrough. The fact that the government invested in basic science doesn’t mean that all follow-on innovation that utilizes the discoveries was built and paid for by the government. Such an argument is completely disingenuous.

It’s impossible to actually support the idea that patents harm smartphone innovation because there is no consumer product that has changed so much over the past decade thanks to innovation. And if patents would get in the way of anything, it would definitely get in the way of an industry which accounted for one out of every six active patents. But more smartphones are being sold than ever before and new improvements continue to be developed, from curved touchscreens to waterproof phones to dual-screen phones.