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1. Broadcom successful acquisition of Qualcomm or will affect the patent ecosystem? Apple patent litigation how to do;
Set a micro-grid comprehensive report, since Broadcom proposed Qualcomm 130 billion US dollars of the offer, a ripple, attracted the attention of all parties. November 13, Qualcomm released a statement formally rejected Broadcom's acquisition proposal, but Broadcom CEO In just a few hours, Hock Tan responded that he would not give up the deal, and if the merger succeeded, the most noteworthy of all was undoubtedly whether the sheer number of patents from both companies would affect the entire patent ecosystem.
Qualcomm is a mobile communications technology research and development and integrated circuit (IC) design company, holds a number of patents essential for mobile communications standards, these patents cover the basis of all modern mobile phone systems, and is one of the world's largest baseband chip manufacturers. Much of the company's sales come from the manufacture of handset chips, but the bulk of its profits come from royalties.
According to DIGITIMES, citing Lexology reports that Qualcomm is known for its very aggressive licensing practices, which, if acquired by Broadcom, may change the existing form of licensing in the market for standard essential patents (SEPs).
If Broadcom successfully acquires QUALCOMM, it will decide whether to sell QUALCOMM's technology licensing company to raise capital to repay the debt associated with the merger or to retain Qualcomm's technology license while holding all regulatory hurdles and customer tensions? Nomura Instinet Analyst Argues Broadcom can raise $ 25 billion from sales.Arete Research Services analysts predict the value of Qualcomm technology licensing $ 87 billion.But who will buy a shot is also a problem, the consortium of private investors is the most likely buyers, Or Broadcom could qualify Qualcomm as an independent public company.
Lexology reports that if QUALCOMM agrees to be acquired by Broadcom, regulators will have plenty of questions about the largest mergers ever made by the technology industry, regulators may not directly block the transaction, but may want Qualcomm to be in the area of standard essential patent rights Concessions proposed to sell conditions, which may benefit domestic manufacturers.
In addition, the United States is in the process of patent reform, and Qualcomm is one of the most important members to defend the franchise. If Qualcomm was acquired through Broadcom, the reduction in activity on this issue would affect the ecology of the forces related to the U.S. patent reform. Qualcomm has been trying to influence the European Commission on the standard essential patent license, and the situation will be different if Qualcomm is lacking.
At the same time, the report pointed out that Broadcom said in a press release that it has obtained the consent of its customers, and Broadcom and Qualcomm are suppliers of Apple's iPhone X. The outside world believes that the customer refers to Apple.If the successful mergers and acquisitions, Broadcom also need to solve Qualcomm and Apple Many controversies.
Starting from January 2017, Apple sued Qualcomm successively in the United States, Britain and China, and in July, Qualcomm counterclaimed Apple in the United States, Germany, China, etc. Donald Rosenberg, Executive Vice President and General Counsel of Qualcomm, Said the lawsuits, including litigation in Germany, are likely to reach the final result sometime by mid-2018. The litigation in China will yield results faster and the ITC will move fast.
Qualcomm has made huge profits by controlling communications technology and patents, which has so far been pretty good, but Apple's challenge to Qualcomm's patent charging model is likely to force Qualcomm to change its patent fee collection model.
According to Caijing, Liu Xiaochun, executive director of the Institute of Internet Rule of Law at the Chinese Academy of Social Sciences, said that considering that the United States is Qualcomm's core market, once Apple wins, it can hurt QUALCOMM's 'vitality' because it means Qualcomm may need to adjust Patent charging mode, the company's patent license revenue may be reduced, and may be punished by a certain amount of fines.For example, South Korea and Taiwan authorities have made adverse antitrust decisions Qualcomm, were Qualcomm impose 103 million won (RMB59.4) and NT23.4 billion (RMB5,096 million).
However, Liu Xiaochun also said, 'Although the vitality of the injury, but it will not completely overthrow the overall Qualcomm patent layout.'
2. Apple suspected of patent infringement equipment? ITC announced that it has launched an investigation;
According to foreign media reports, the US Federal Trade Commission (ITC) announced on Tuesday that the agency has investigated a number of Apple suspected patent infringement cases.
ITC said in a statement that the survey is based on complaints from Aqua Connect and its affiliate Strategic Technology Partners that products include the Apple Mac, iPhone, iPad, iPod and Apple TV.
It is reported that in mid-October this year, remote desktop expert Aqua Connect and its subsidiary Strategic Technology partners filed a lawsuit with the U.S. International Trade Commission and the Central District Court of California accused Apple Mac computers, iOS devices and Apple TV infringed its two patents, namely Screen sharing and AirPlay mirror technology patents.
Ronnie Exley, chief executive of Aqua Connect, said: 'Aqua Connect developed the first full-featured remote desktop and terminal server solution for the Mac in 2008. Initially, our product was fully supported by Apple, but years later, Apple is building our technology into its macOS and iOS operating systems without our permission, which seeks to prevent Apple from continuing to use our technology in the macOS and iOS operating systems. "
It is understood that the company has provided unique remote desktop solutions to Mac OS X since 2008. The solution is widely used by Apple's corporate and government customers, but Apple suddenly terminated without any explanation in early 2011 In collaboration with the company, a new version of MacOS was released in June 2011, which comes with a redesigned Remote Desktop and terminal server solution called 'Screen Sharing', which uses Aqua's patent without permission technology.
In addition, Apple's "Airplay Mirroring" in iOS 5, the mobile operating system, also licensed Aqua's proprietary technology.
The patent in this case is Patent No. RE46386, entitled 'Updating User Sessions in a Matched Derivative Computer System Environment,' and Patent No. 8924502, entitled 'System, Method and Computer for Updating User Sessions in Matched Derivative Computer System Environment Program product '.
Now, ITC said it has begun the investigation, it may take some time to produce results, such cases need an average of more than one year or even three years to resolve.
3. Shenzhen Customs seized 260,000 pieces of goods suspected of infringing on patents in February;
Xinhua News Agency, Shenzhen, November 15 (Reporter Wang Xiaodan) Reporters learned from Shenzhen Customs that since the launch of the "Special Campaign on the Protection of Intellectual Property of Export-oriented Intellectual Property Enterprises" (the "Dragon" Initiative) in September this year, A total of 73 leading enterprises were found, more than 260,000 pieces of infringing goods were seized, and the initial estimate of the value was over 5 million yuan.
According to the introduction of Shenzhen Customs, the operation focused on the protection of domestic export-oriented intellectual property enterprises, intensified the investigation of export commodities that used their intellectual property without permission, accelerated the handling of cases and confiscated the disposal of goods, and severely cracked down on infringement Intellectual property illegal import and export enterprises.
After the "Dragon" operation was launched on September 1, Shenzhen Customs carried out the overall planning and deployment and selected the list of key enterprises, mainly including those capable of independent innovation such as Huawei, ZTE, and Xinjiang in Shenzhen.
In view of the export risks of infringing goods, the relevant specialized agencies conducted a joint risk assessment and carried out a comprehensive and comprehensive analysis on big data of import and export of customs warehouses and infringement cases over the years. They listed 27 kinds of infringing goods that the operation should focus on and targeted the key points Field, improve combat accuracy.
Shenzhen Customs also relied on science and technology to strengthen the 'smart check' and enabled the 'Internet of things intellectual property trademark smart identification system APP.' Customs officers to take advantage of this new intelligent aids to real-time product trademark shooting and comparison, ready access Corresponding intellectual property record information.
4. mysterious case of outsiders out of Hublot shares patent infringement regained waves;
Concerned about the 'surprise data Holocaust shares (9.42 -0.32%, clinics) U shield patent infringement' waves again after the first trial sentenced to compensation 50 million yuan, the second instance before the trial, the State Intellectual Property Office Patent Reexamination Board Announcing that the patent related to the data is not valid. 'Now there may be no need for a hearing, which means that the company's net profit this year can increase 50 million yuan.'Hin Bao Chairman of the board of shares in Beijing on November 15 at a press conference on China Securities News reporters said this, the odd data on the China Securities Journal reporter said that the company against the Patent Reexamination Board ruled that the administrative proceedings.
In this contest, Hublot shares and the odd data hit each other a surprise .For Hublot shares, the first instance sentenced to 50 million yuan of compensation amount 'let us feel shocked'; and for the odd data, ' I did not expect there will be 'outsiders' application to the Patent Reexamination Board of the State Intellectual Property Office, requesting the ruling that our part of the patent is invalid. 'In recent years, with the strengthening of intellectual property protection, high costs of rights protection,' won the face lose the sub 'Phenomenon has been reversed at the same time, the substantial increase in the amount of compensation, the complexity of the case also multiplied .This' major case' also triggered deep thinking.
Rise again
Beijing early winter cold, but we felt in the venue is warm and melt.Handle the odd data to prosecute Hublot 50 million yuan patent infringement case of the relevant patent has been the State Intellectual Property Office Patent Reexamination Board declared invalid. 'In a November 15 press conference held, Hublot stake in the parties said.
December 8 last year, Beijing Intellectual Property Court of First Instance verdict, sentenced Hengbao shares indemnity odd economic loss of 49 million yuan, compensation for the plaintiff odd data litigation a reasonable expenditure of 1 million yuan, a total of 50 million yuan.To this end, constant Po shares in December last year in accordance with the relevant accounting standards totaling a total of 50 million yuan liability (unaudited) However, the shares of Hubble refused to accept the results of the first instance, the Beijing High Court filed an appeal.
Just before the second instance hearing, the mysterious "outsider" filed an application with the Patent Reexamination Board of the State Intellectual Property Office for a ruling that the data held in the patent infringement litigation litigation and invalidation of one of the 16 rights were invalid. The Patent Reexamination Board, on the other hand, On November 1, the two rights claims were declared null and void, pursuant to which Hublot submitted a first instance verdict to the Beijing High Court requesting the Beijing Intellectual Property Court to be set aside according to law and ruled that the application for dishonest data prosecution should be rejected.
This case caused a sensation in the industry.SUPC website information shows that on August 29 this year, the Supreme People's Court President Zhou Qiang to the NPC Standing Committee as "the Supreme People's Court on the work of intellectual property court report," sums up In the past three years, Beijing, Shanghai and Guangzhou have handled some of the major typical cases handled by the three intellectual property courts, among which the 'Big Data' held by Beijing Intellectual Property Court v. U Shield patent infringement case against Hengbao Co., Ltd. was impressively listed.
This case not only aroused the attention of the legal profession, but also affects the nerves of the market .In the evening of December 8 last year, Hublot shares after the announcement of the first instance results, though stressed that 'the first instance verdict is still in the appeal period, However, the Company's stock price plunged 7.09% on December 9 and fell further on the trading day 4.58%.
Judging from the current situation, Hublot shares finally regained a Council familiar with the case of a large law firm in Beijing Liu Bin (a pseudonym) told the China Securities Journal reporter, 'Supreme People's Court judicial interpretation there is a description, if the complaint In principle, the court may adjudicate that the prosecution should be rejected and the majority of the courts comply with the enforcement, and if the relevant patent holding the odd data is finally found to be invalid, the second instance may require the withdrawal of the odd data.
Qian Jing, chairman and president of Hublot, told China Securities Journal: 'There is no basis for the data to be taken against us by us. The corresponding rights no longer exist and may not be necessary for a hearing, which means that we can 50 million yuan back, the company's net profit this year can increase 50 million yuan.
But this approach aroused dissatisfaction with the odd data. '' Their invitation to write '50 million patent litigation involving patents invalid press conference', as if they had the same victory, in fact, this is just the beginning and we hope See the truth in the court. "Guo Tianguang, vice president of the odd data on the China Securities Journal said.
Liu Bin pointed out: 'Although the Patent Reexamination Board of the State Intellectual Property Office announced that the patent rights of the odd data were invalid, if the data of the firm were found to hold the opinion that there were any errors in the determination of the facts and the application of the law, administrative litigation could be filed with the Beijing Intellectual Property Court As a result, the decision of the Patent Reexamination Board was not the result of its final entry into force, which resulted in an administrative lawsuit filed on November 10, which is estimated to take nearly two years to produce a result.
Caught by surprise
In this contest of patent infringement litigation, Hengbao shares and the odd data hit each other by surprise.For Hengbao shares, 'odd data from the beginning of the proposed amount of compensation is 1000000 yuan, we would like to please Lawyers should deal with the case on the line.After the hearing of the result, the amount of compensation raised to 50 million yuan after the hearing, and the first instance on the verdict .This makes us feel shocked. "Qian told the China Securities Journal reporter.
As for the odd data, 'did not expect there will be' outsiders' to the State Intellectual Property Office Patent Reexamination Board to apply for a ruling that we have part of the patent invalid. We were in normal preparation for the second instance, and now extranod] No doubt increased. "Guo Tianguang told China Securities Journal reporter.
Such a surprise caught on beyond the past experience of both sides as early as in 2012, the odd data once because of 'antenna for plug-in dual-interface smart card' infringement will Hublot shares to court .In June 2015, Beijing senior People's Court of Final Appeal of second instance verdict: Hengbao shares from the effective date of the verdict, stop the manufacture and sale of infringing odd patent patent rights of the product involved in the act, and compensate for the odd data economic loss.
But this result has made odd data mixed. 'Pleased that won the case, safeguarding their legitimate rights and interests; but this case took three years, and ultimately only decided to compensate us for 200,000 yuan Hengbao shares , Not enough to pay legal fees.Heng Bao shares infringement costs are too low, our rights costs are too high. 'Guo Tianguang told China Securities Journal.
However, this' lost the face lost lost son ', and even let the infringer to abandon the proceedings are being changed.Liu Bin told the China Securities Journal reporter,' the previous patent infringement in the amount of compensation in the general 100,000 to 1 million In the meantime, the level of lawyer 's patent agent is not high, and the amount of compensation now starts from 1 million yuan to 5 million yuan.
Liu Bin believes that the stage of forensics is now more and more solid, the higher the amount of patent infringement claims form support.
Second, under the support of policies, the construction of intellectual property protection system has become more and more mature. Taking the establishment of intellectual property courts as an example, on June 6, 2014, the Central Committee of the Shenzhen Reform Commission reviewed and approved the "Proposal on the Establishment of Intellectual Property Courts"; 2014 On August 31, 2008, the 10th Session of the 12th NPC Standing Committee passed the Decision on the Establishment of Intellectual Property Courts in Beijing, Shanghai and Guangzhou; from November to December 2014, the Intellectual Property Courts in Beijing, Shanghai and Guangzhou Listed
Zhou Qiang mentioned in the above-mentioned report to solve the problem of low cost of infringement and high costs of rights protection. 'According to the law to raise the amount of compensation, malicious infringement of trademark rights in serious cases, punitive damages according to law, for other intellectual property areas of intentional infringement, repeat infringement The amount of damages shall be determined according to the market value, and the infringer shall bear the cost of safeguarding the rights of the infringer, so that the infringer shall be fully compensated, so that the infringer shall pay the due cost.
Zhou Qiang further examples, holding odd data v. Hubin shares of U Shield patent infringement case, the first instance full support for the plaintiff 49 million yuan of compensation claims, and for the first time supported the plaintiff claims time charges of 1 million yuan legal fees. According to the intellectual property court, 'the court recognized the lawyer's fee charging method as a basis for calculating legal fees and according to the necessity of lawyer representation, the difficulty of the case and the lawyer's actual payment, The actual amount of legal fees recognized.
After the first trial was sentenced to 50 million yuan, Hublot shares finally paid attention to.Chinjing told the China Securities Journal reporter, after the first instance defeat, Hublot hired well-known Zhong Lun law firm as a law firm for second instance appeal, hiring Zhuote patent agency, as a patent invalid application agent, to fully respond to the patent infringement litigation.
The sharp rise in the amount of compensation is expected to enable patent owners to take the initiative to defend their rights, patent rights is expected to become the norm. 'At first we did not pay enough attention to patent protection, because infringement is easy, digging an engineer to pass, but not much compensation. , The market space of 10 billion yuan, we only get 5, 600 million yuan, the rest of the market all let the infringer split up the amount of compensation after the rise, we will certainly be more active protection of rights. '
Deal with 'Black Swan'
"Thanks to this lawsuit, we are deeply aware of the weak intellectual property rights of the company, updated the related intellectual property strategy and raised the intellectual property strategy to the same height as the corporate strategy. In the future, we will further increase the scope of intellectual property rights Of the construction, with 3 to 5 years to become the industry's largest number of patents, the highest patent quality of the enterprise. "Beijing told China Securities Journal reporter.
In fact, the 'odd data v. Hubin shares U shield patent infringement case' as a major typical case, the amount of first instance judgment up to 50 million yuan, a huge impact on the companies involved, prompting many companies to improve the patent and other intellectual property management system and Enhance innovation ability on the same important position in order to effectively play a patented escort for the development of enterprises.
For listed companies, patent infringement litigation on the performance of the potential lethality should not be overlooked. June 21 landing A shares of China Sports Technology (28.02 -0.67%, clinic), more than a month after the listing into the patent litigation Quagmire.On the evening of July 24, the company announced that it received two litigations of patent infringement litigation, the total claim amount of 41.9643 million yuan.And the Chinese company in 2014, 2015 and 2016, respectively, net profit of 35.57 million yuan, 42.56 million yuan and 48.07 million yuan, the amount of such a lawsuit is obviously not a small number.
For the company to be listed, the patent infringement litigation may become a stumbling block on the road to IPO.According to "the initial public offering of shares and listing management approach" Article 37, the issuer shall not have the following impact on the continued profitability of the situation, of which the fifth There is a risk that there will be a material adverse change in the acquisition or use of important assets or technologies such as trademarks, patents, know-how and franchises in use by the issuer.
Of the many cases of patent infringement litigation on the road to corporate IPO, Wing On Bank (70.34 -4.75%), known as the "First Share Bike Unit," attracted attention. On April 14 this year, However, on April 17, Gu Mou filed an action against the court on the grounds that Yong An had infringed on the patents held by it, and Wing On Bank suspended the IPO on the eve of the road show. After clarification of the patent infringement matters, Wing was only resume IPO trip.
In fact, many listed companies have been subject to patent infringement lawsuit in Suzhou permanent (15.49 + 0.45%, clinics), for example, in 2010, the company publicly issued 20 million shares and completed the purchase lottery and lottery draw The whole process, but because of the impact of the termination of patent suspension by the regulatory authorities emergency until 2016, the company IPO was successful.
On November 30, 2015, Woori Holdings announced that it had been involved in a lawsuit over copyright because of the game Legend of the Turret, the main agent of Zhongqinglongtu, and it is expected that over a period of time, There will be no clear result, the decision to terminate the major asset restructuring, the Qinglong plans to plan nearly 15 months of the listing of Backhaul Liming failed.
On September 28, Jin Yi Technology (37.75 + 0.03%, clinics) v. Poly Lee's patent infringement case, which attracted the attention of the ETC industry, sued for patent infringement litigation between listed companies and the company to be listed in Shanghai IP Lawsuit Court of Justice Jin Yi Technology requested the court to order poly-profit technology to stop infringement, stop manufacturing, promised sales, sales of infringing products and destruction of manufactured infringing products, compensation for economic losses of 100000000 yuan, setting a Chinese patent invention patent claims the amount of the most .
It is worth noting that the gold Yi technology in May this year, A shares listed in the poly-technology in the August 2 this year, update the IPO prospectus into the IPO. Jin Yi said science and technology, ETC products is the company's main revenue and profit Source, the infringement has a significant adverse impact on the company's business. 'The company is not intended to hinder the process of poly-profit technology market, but to safeguard the legitimate rights and interests of the company and shareholders.' But the delicate relationship between these two companies still make the market full of reverie .
How to deal with changes in patent infringement litigation, Beijing lawyer Liu Xi Yu told the China Securities Journal reporter, 'should conduct a full due diligence investigation of patent issues, identify problems and solve the problem to ensure the funding of the patent rights there is no flaw; guarantee There is no potential or obvious dispute over patent infringement; review its own patent for the existence of flaws, promptly correct and prevent others from being invalid; pay attention to the scope of the patent area; pay attention to timely payment of the annual fee within the patent term. 'China Securities Journal
5. China IP Index Beijing Leading the Nation for 8 consecutive years
People's Network, Beijing, November 15 - The "China IP Index Report 2017", written by KOWLOON Law Firm, was released today in Beijing and has been a signage, benchmark and microscope for the development of intellectual property in China for many years.
Beijing took the lead in the country for eight consecutive years with Guangdong ranking the highest quality patent
According to the report, the top 10 provinces in China's regional IPRs in 2017 are: Beijing, Jiangsu, Guangdong, Shanghai, Zhejiang, Shandong, Tianjin, Chongqing, Anhui and Hubei, with the top 11 provinces ranked as follows: Fujian, Hunan, Sichuan, Shaanxi, Liaoning, Guangxi, Henan, Heilongjiang, Hebei, Jiangxi and Shanxi. The top 10 provinces are Jilin, Guizhou, Ningxia, Yunnan, Hainan, Gansu, Inner Mongolia, Tibet, Xinjiang, Qinghai Among them, Beijing took the lead in the country for eight consecutive years.
The report on China's regional intellectual property development index first released the report on China's regional patent quality index in the hope of promoting the public's attention on the quality of patents. The top 10 provinces with the highest patent quality index were Guangdong, Beijing, Zhejiang, Jiangsu, Shanghai, Shandong, Fujian Tianjin, Hubei and Hunan.The top 10 provinces are Yunnan, Jilin, Heilongjiang, Inner Mongolia, Hainan, Gansu, Tibet, Qinghai, Ningxia and Guangxi.The eastern provinces have higher patent quality index, while the northeast and Midwest patents The quality index is lower.
The regional distribution of intellectual property shows the characteristics of "overall agglomeration and terrace spread"
Over the years, the overall trend of the overall index of China's IPR has been characterized by regional characteristics that are more consistent and basically the same as that of the "high in the east and the low in the west," from the eastern coastal region to the hinterland in the central region to the remote western region. The three formed a "ladder." The top ten most comprehensive intellectual property index in the eastern provinces in the majority, the latter 10 in the central and western regions. Historically, the emergence and development of intellectual property and industrialization are close Inseparable.North and other economists believe that the development of property rights system including intellectual property rights is the prerequisite for the occurrence and development of the industrial revolution.The regional distribution of China's regional intellectual property index is generally consistent with the level of economic development.
At the same time, comparing the data from previous years, the report finds that the development of intellectual property also shows the obvious geographical distribution of "overall agglomeration and terraced land expansion." The eastern coastal provinces of Beijing, Shanghai, Zhejiang, Guangdong and Jiangsu are at the core of China's intellectual property development Regions. "From their starting point, the development of intellectual property in China showed the trend of" terraced land spread "and gradually became more and more distant with obvious distance attenuation characteristics. At the same time, this process of diffusion was not only affected by the neighbors but also by the specific Regional technical level, industrial base, talent pool, information infrastructure, living environment as well as the regional status and planning positioning.
The progress of intellectual property in Anhui, Guangxi and Shaanxi provinces was the most significant
By analyzing the rankings of IPR indices by province in six years since 2010, the report points out the fastest growing provinces: Anhui, Guangxi and Shaanxi, among which Anhui has the most stable progress and between the 14th and the 15th in 2010-2013, 2015 Rose to No. 11, 2016 is the top 10 in the country, a forward in 2017, ranked No. 9. Guangxi most improved, hovering between the twenty-fourth and twenty-fifth in 2010-2013, 2014 and 2015 climbed to 21th and 17th and ranked 16th in 2016 and 2017, up 9 places, with Shanxi at 16th and 17th in 2010 and 2011, and then rapidly rising to 12th Bit, in recent years has always been in the 12th to 14th position.
Intellectual Property Litigation 2017 released in the same period
The IP Litigation Report 2017 with Beijing and Shanghai as its research targets was launched in the same period and systematically analyzed the trademark infringement and copyright infringement cases in Beijing and Shanghai from 2014 to 2016. Beijing Intellectual Property Litigation Report A total of 806 judgments were collected from 2014 to 2016, involving 300 judgments on copyright infringement cases, 347 judgments on trademark infringement cases and 159 judgments on patent infringement cases. The Shanghai Intellectual Property Litigation Report collected 859 judgments in 2014-2016, Among them, there were 300 judgments on copyright infringement cases, 345 judgments on trademark infringement cases and 214 judgments on patent infringement cases. According to the distribution of courts, the types of cases, the cases involving foreign affairs, the lawyer's engagement by the parties, the court hearing and judgment Loss ratio and the reasons for the dismissal of the claim, the second instance of the trial and other statistics and analysis.
The "Beijing Intellectual Property Litigation Report" was released in the second year. The "Shanghai Intellectual Property Litigation Report" has been released for four years in a row. The report was approved with a view to systematically summarizing the distribution of IPR cases in Beijing and Shanghai and the protection of intellectual property rights.