Posts Tagged ‘apple’

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We’ve talked about the patents Google bought from IBM, but we’ve been guessing at to the value and usefulness of those patents. An analysis by IPVision, which makes patent-analyzing software, suggests that the patents won’t be much of a sword or a shield in the IP cold war against Apple and Microsoft regarding its Android OS. The key to defensive value in patents is bundling groups of patents together to cover as many facets of a device as possible. With the rise in mobile computing litigation, patent poor companies like Google have been increasingly desperate to assert themselves. IPVision doesn’t think that the IBM patents will help much – but that doesn’t mean there aren’t other uses for that IP. Could it be that maybe, just maybe, Google wants to innovate and needed some IP rights to achieve its goal?

All that IP litigation has not been without results. Apple has blocked sale of Samsung devices in much of Europe, and Microsoft has won millions in licensing fees (including from Samsung), just to use Google’s quote unquote free Android OS.

Google’s patent portfolio is growing, but is still leagues behind bluebloods like Microsoft or Apple. Google certainly has the money to ramp up R & D, which I don’t even need to google to find out, but developing technology and protecting takes time, and a degree of luck.

According to Technologyreview.com:

At first glance, the patents Google bought from IBM look good. The U.S. patent office maintains a set of subject categories used to sort patents, and most of those acquired from IBM spread across the “700 series,” where new software ideas and techniques are to be found.

Google’s prior patent portfolio is still mostly related its breach and butter business: database and information retrieval techniques. Buying the IBM patents was supposed to extend Google’s reach, but probably even more so to protect it from lawsuits. The IBM patents, according to Hoo-Min Toong, cofounder of IPVision, seem to be “one-off patents” that mostly aren’t related to one another, and are therefore much less valuable. Instead of a wall, Google may have bought bricks without mortar. Toong says that many of Apple and Microsoft’s patents built off of the IBM patents, but that it would take a lot of doing for Google to assert that they infringed on its IBM trove.

As I discussed last week, there are other options in the mobile computing patent world. Google could look to buy patents from declining companies like Nokia or RIM, but the key remains looking to what’s next. Google may be on the defensive now, but in ten years, they could be a has been like Yahoo, if they don’t innovate and adapt.

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Scott Nyman

 

Last night, I opened my computer to check the news as a part of my pre-sleeping ritual. I had planned to check the market to see what stocks to snag, or reading an article or two from Ars Technica, my go-to techie site. Instead, as if a headline over the entire internet, the first thing I read is that Steve Jobs had lost his battle against pancreatic cancer. The world mourns a great innovator.

I’ll save you the biography of Jobs and his career (and this isn’t going to be one of those speeches where I sneakily go ahead an give a biography anyways). Instead, I will just reflect on some of the techie gifts we’ve seen from Jobs and crew over the years, through patents.

 

 

You will be missed.

 

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By Rene Dial

Recently Apple was denied trademark registration for the term “Multi-Touch” for being generic.  Let’s see you operate the product by multiple fingers touching the product.  Sounds generic so far.

Okay now Apple is not the company that coined the phrase multi-touch as there are others that have trademarked the name for other goods and services way before Apple.  DPI Labs in California registered “Multi-Touch” serial number 74438236 for use in switch panels and communication circuits in September 21, 1993.

In the recent decision the court held that “Thus, from the foregoing, we find that ‘multi-touch’ not only identifies the technology, but also describes how a user of the goods operates the device.”  In order for trademark registration a mark must either be distinctive or have acquired a secondary meaning.  In order for the mark to be distinctive the mark must be fanciful, arbitrary, or have acquired secondary meaning.  At face value “multi-touch” is not arbitrary or fanciful but has it acquired secondary meaning linking the Apple touch screen to the term multi-touch.  I doubt it. Below is a list, by Apple, for proper use of its trademarks.

Rules for Proper Use of Apple Trademarks

1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.

2. As adjectives, trademarks may not be used in the plural or possessive form.

Correct: I bought two Macintosh computers.

Not Correct: I bought two Macintoshes.

3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. Suggested generic terms are provided in the Apple Trademark List which is posted on the Apple web site at:

4. Always spell and capitalize Apple’s trademarks exactly as they are shown in the Apple Trademark List. Do not shorten or abbreviate Apple product names. Do not make up names that contain Apple trademarks.

Apple is not even taking its own advise as they constantly refer to “Multi-Touch” as a noun.  “A high-resolution multi-touch display makes it easy to learn and use iPhone. Go here, to learn more about entering text into iPhone’s multi-touch display keyboard.”  Apple’s Guideline for proper use of its trademarks number 3 states  “An appropriate generic term must appear after the trademark” The generic term is multi-touch display as it appears after the trademark “iPhone.” I wonder if the court referenced Apple’s sight and Apple’s own misuse of Multi-touch.

If I hear more on this I will let you know.

Have a great weekend!

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Danie Roy

There’s a lot to be said for having a distinct trademark. It’s almost as important as the company name itself. You’ll want to protect it, and have your potential customer base associate it with positives.  Having someone steal your trademark can give you a bad name, or, potentially, steal your customer base.

So, you can see why Apple would want another company to stop using their trademark. The thing is, the company in question is a food company. And as far as using their trademark goes…

Apple

The Contested Trademark

Okay, I’m not seeing it, either. I mean, they both kinda look like apples, but, honestly, the one on the right looks more like a fancy perfume bottle to me than the sleek Apple apple. Apparently, the leaf on the logo is what Apple has an issue with. The leaf. The one that looks nothing like the Apple leaf. Never mind that I tend to agree with everyone who’s saying that the trademark of Sichuan Fangguo Food Co., Ltd looks remarkably like LG’s logo. Take a look:

LG

LG, flipped and rotated

Side by side, it doesn’t look like Apple would win (even if the food company DID start trying to expand into tech). LG, on the other hand, I’d say may have a case. All you’d have to do is play with paint for a few minutes to get it to look like the trademark in question.

Now that it’s been brought up, the question is… is LG gonna get involved? I have no clue. I’ll let you know if it happens, though.

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Scott Nyman

 

Who will be the next tech company to sell a portion of its patent portfolio for cold hard cash? If you own stock in Research In Motion, makers of BlackBerry smartphones, you may have a horse in the race for patent sellout victory. The former smartphone leader has seen its stock prices plummet by nearly half during the last six months. Couple this with the fact that only 11% of smartphone sold in Q2 of this year can be found running BlackBerry OS. Compare this to Google’s hotly litigated Android OS, which enjoyed a dominance of 52% of devices sold, and Apple’s iOS, with 29% of sales in the same period.

One of RIM’s investors, Jaguar Financial, has been calling for for RIM to auction off a portion of its patents in hopes of a  Motorola sized payout. It appears that investors are losing faith in RIM to pull the business back together. Jaguar chairman and CEO, Vic Alboni, has stated publicly, “What if these products don’t pan out? You don’t want RIM to turn into another Nortel.”

In my opinion, I am not convinced we will continue to see the high payouts for patent collections that we’ve been witness to the last few months. Google has what it needs, and perhaps has wanted all along, a rich portfolio of mobile patents to defend itself against litigation. And, although Google could probably buyout the United States if it wanted, it has already spent nearly half the GDP of Vermont on it’s Motorola Mobility Investment. Also, considering that Microsoft and Apple paid billions more for Nortel’s patents than their estimated worth, they’re not likely to part with another few billion, either.

RIM appears to be wise to the fact that selling off its valuable patent portfolio may only provide a short term bump, while hastening the decline of the former smartphone giant. I’m no stock-savvy investor, but I can only bet investors like Jaguar are hoping for a quick spike in stock prices so they can dump their shares with minimal loss. Hang in there RIM,  keep innovating and find a way to build a real library of apps.

 

More Reading:

NPD

Mobile Media

Business Insider

 

(Disclaimer: I do not own and have no intent to purchase stock in RIM)


THURSDAY, MAY 17, 2012

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