In recent days, the Shenzhen Intermediate People's Court announced two first-instance civil judgments on patent rights disputes between Huawei and Samsung. In fact, on January 11, 2018, the Shenzhen Intermediate People’s Court had publicly pronounced Huawei’s v. Samsung In the dispute over the patent right for invention, the court found that Samsung had infringed Huawei and decided to immediately stop the infringement and bear all the legal costs.
First judgment
In one of the judgments, the plaintiff was Huawei Technologies Co., Ltd., and the defendants were Samsung (China) Investment Co., Ltd., Huizhou Samsung Electronics Co., Ltd., Tianjin Sanxing Communication Technology Co., Ltd., and Shenzhen Nanfang Yunhe Technology Co., Ltd.. The plaintiff Huawei submitted to the court. Filing a claim: The four defendants immediately stopped the infringement of the plaintiff's invention patent No. 201110269715.3, including but not limited to manufacturing, sales, promising sales, and importing allegedly infringing products.
The involved patent 201110269715.3 is a necessary patent for the 3GPP LTE communication standard, and the Chinese name is 'a wireless network communication device'. The filing date is April 27, 2007, and the authorized announcement date is July 29, 2015.
On February 16, 2016, the plaintiff purchased the Galaxy S6 Samsung (SAMSUNG) mobile phone from the defendant Huizhou Samsung Electronics Co., Ltd. notarized from the defendant Shenzhen South Yunhe Technology Co., Ltd.; purchased the Galaxy produced by the defendant Tianjin Samsung Communication Technology Co., Ltd. J5 Samsung (SAMSUNG) mobile phone. After analysis, the plaintiff found that the aforementioned products all comply with the 3GPP LTE standard, and the technical solutions contained therein all fall into the protection scope of the plaintiff's patent rights and infringe the plaintiff's patent rights involved in the case.
The court’s final decision was as follows:
1. The defendants Samsung (China) Investment Co., Ltd., Tianjin Samsung Communications Technology Co., Ltd., and Samsung Electronics Co., Ltd. of Huizhou immediately stopped the act of infringement of the patent right of the plaintiff Huawei Technologies Co., Ltd. with patent number 201110269715.3 in the form of manufacturing, sales, and promised sales;
2. The defendant Shenzhen South Yunhe Technology Co., Ltd. immediately stopped the sale of the product and promised sales in violation of the patent right of the plaintiff Huawei Technologies Co., Ltd. with patent number 201110269715.3;
3. Dismissed the plaintiff Huawei Technologies Co., Ltd. for other lawsuit requests.
The case acceptance fee of RMB 1,000 was jointly borne by the defendants Samsung (China) Investment Co., Ltd., Huizhou Samsung Electronics Co., Ltd., Tianjin Samsung Communication Technology Co., Ltd., and Shenzhen South Yunhe Technology Co., Ltd.
Second judgment
In another judgment, the plaintiff was Huawei Technologies Co., Ltd. and the defendants were Samsung (China) Investment Co., Ltd., Huizhou Samsung Electronics Co., Ltd., and Shenzhen South Yunhe Technology Co., Ltd. The plaintiff Huawei filed a lawsuit to the court: Decree The three defendants immediately ceased the act of infringing the patent right of the plaintiff 201010137731.2, including but not limited to manufacturing, sales, promising sales, and importing alleged infringing products.
The involved patent 201010137731.2 patent is a necessary patent of the 3GPP LTE communication standard, and the Chinese name is “Method of feeding back ACK/NACK information during carrier aggregation, base station and user equipment”. The filing date is March 24th, 2010, and the authorized announcement date is June 2014. 25th.
On February 16, 2016, the plaintiff purchased the Galaxy S6 Samsung (SAMSUNG) mobile phone produced by the defendant Huizhou Samsung Electronics Co., Ltd. from the defendant Shenzhen South Yunhe Technology Co., Ltd.. After analysis, the plaintiff found that the aforementioned products all conformed to the 3GPP LTE standard. Among them, the products that support carrier aggregation include the technical solutions that fall into the protection scope of the plaintiff's patent rights and infringe the plaintiff's patent rights involved in the case.
The court’s final decision was as follows:
1. The defendant, Samsung (China) Investment Co., Ltd., and Huizhou Samsung Electronics Co., Ltd. immediately ceased manufacturing, sales, promised sales, and used infringement of the plaintiff's Patent No. 201010137731.2 patent right;
2. The defendant, Shenzhen Southern Yunhe Technology Co., Ltd. immediately ceased to infringe the plaintiff's patent number 201010137731.2 on the basis of sales and promised sales;
3. Dismissed the plaintiff Huawei Technologies Co., Ltd. for other lawsuit requests.
The case acceptance fee of RMB 1,000 was paid jointly by the defendant Samsung (China) Investment Co., Ltd., Huizhou Samsung Electronics Co., Ltd., and Shenzhen South Yunhe Technology Co., Ltd.
It is worth mentioning that the above two judgments all mention: From July 2011, Huawei and Samsung have been negotiating for more than six years. The plaintiff Huawei did not have any apparent fault during the negotiations, and it complied with the FRAND principle. When plaintiff Huawei negotiated the cross-licensing of standard essential patents, there were apparent faults in terms of procedures and entities, which did not comply with the principle of FRAND. The plaintiff Huawei worked hard to seek negotiations and tried to solve the cross-license issue of standard-essential patents between the parties through arbitration and other methods. In case of impossibility, we sought injunction relief from this court. After mediation by the two parties in this court, Samsung had still maliciously delayed negotiations in the mediation process. In view of this, the plaintiff demanded that the defendant stop infringing on his patent right, that is, stop To implement its necessary patented technology for the 4G standard involved in this case and this court supports it.
In addition, the Judgment also stated that taking into account the fact that the patent for this case is a 4G standard patent, it is different from the non-standard essential patent in stopping the infringement. After the court orders the defendant to assume the verdict of stopping the infringement, Huawei and Samsung can still carry out. If the plaintiff and Samsung have reached the standard necessary patent cross-licensing agreement or agreed by the plaintiff, the implementation of the cross-licensing negotiation of standard essential patents shall not be permitted if the court does not implement the court's decision to stop the infringement.
2. Another patent of UPI has been invalidated. It will help Huawei to increase the initiative in patent licensing negotiations.
According to Li Junhui, a special researcher of the Intellectual Property Research Center of the China University of Political Science and Law, a few days ago, Huawei requested the invalidation of a patent held by Unwired Planet International (hereinafter referred to as 'UPI Company'), and the Patent Review Board of the State Intellectual Property Office (Hereinafter referred to as the 'Patent Review Board') to make a new "decision part invalid" review decision.
Up to now, Huawei has initiated a request for invalidation of five patents held by UPI in the country. Among them, three patents were sentenced to 'all invalid', one sentence was 'partially invalid', and one was found 'Effective'.
In fact, the patent dispute between Huawei and UPI Corporation has to be traced back to 2014. In March 2014, UPI Company sued Huawei, Google, Samsung and others in the United Kingdom to the Patent Court and claimed that the three infringed its holdings. 6 patents, 5 of which relate to 2G, 3G and 4G related standard essential patents.
From October 2015 to July 2016, the six patents involved were divided into five groups and they were tested and compared respectively.
In the summer of 2016, UPI reached a settlement with Samsung. Since then, Samsung has withdrawn from the patent fight with UPI. And Google, which was first sued together, had reconciled with UPI as early as 2015. At the beginning of the 'one to three' challenge, it became the current 'one to one' wrench wrist.
In April 2017, the High Court of England and Wales judged that Huawei used UPI’s patented technology in its 4G handsets and had to pay UPI a license fee. If Huawei did not pay this fee, the court reserved the right to prohibit the sale of Huawei handsets;
On June 7, 2017, the Patent Court of England and Wales High Court issued a judgment on the protracted patent licensing dispute between Huawei and UPI: 1) Issued a ban on Huawei’s infringement Orders ', 2) Huawei needs to pay 2.9 million pounds in compensation, 3) Allowing Huawei to appeal global patent licensing, and allow UPI to appeal for mixed global benchmarks.
As Huawei disagreed with the ruling, an appeal was initiated, which made the ban temporarily in a 'to be determined' state. At the same time, Huawei also launched a series of counterattacks against UPI companies in China.
At the end of August and early August 2017, Huawei filed a request for invalidation against the Patent Reexamination Board for no less than three patents held by UPI Corporation.
As of March 26, 2018, in response to a request for invalidation made by Huawei in 2017, the Patent Reexamination Board has successively issued a decision on review of invalidation of three patents held by UPI Corporation, of which two were all invalid. The article was partially invalid.
This means that in no less than five UPI-related patent invalidation requests, a total of three were awarded as invalid, one sentence was valid, and one sentence was partially invalid.
3. Microsoft exposes new patents: Or will push the transparent Surface Dial;
Last year, Microsoft released a novel PC peripheral called Surface Dial. This device provides designers with a rich input experience. Recently, a new patent file submitted by Microsoft indicates that in the future we may see 'transparent'. ' Surface Dial.
In the process of using Surface Dial, some users may encounter this situation: When the Surface Dial is placed on the screen, the content of the screen below it will be hidden, causing inconvenience to the user. So, Microsoft's Patent came into being.
Microsoft made the following description of the device:
The patent consists of a touch screen, an image transmission structure, and a capacitance mark component. The image transmission structure can transmit a sensed optical image on the component by touching the screen component. In addition, the capacitive mark component can be sensed by the touch screen below it. In this way, the touch screen can display the image consistent with the image transmission device through the image transmission structure.
As can be seen from the description, Microsoft is planning to build (at least) a partially transparent Surface Dial component. The Surface Dial with this design will have the function of image transmission and can transfer the content of the screen below it to the top for users to view. The Surface Dial's base has capacitive components that can be sensed by the touch screen, so the contents of the screen remain consistent after being transmitted via the Surface Dial.
4. Artificial intelligence integrates patent data Automatic assessment promotes the combination of production and financial depth;
Our reporter Zhu Ping reports from Beijing
Recently, the World Intellectual Property Organization released its annual report, saying that inventors from all over the world submitted a total of 243,500 international patent applications through WIPO in 2017, an increase of 4.5% over the previous year. Among them, Chinese companies and individuals applied for a total of 48,882 international patents. , an increase of 13.4% compared to the same period last year.
However, although the amount of patents in China is huge, it is still at a relatively elementary stage in terms of applications, especially patent data mining. Some experts pointed out that this requires the relevant departments and agencies to further increase the degree of data openness, and also requires more capital and power input. Go to data processing and intellectual property big data technology development.
On March 26th, Rong Xueyi’s founder, Wu Xueqin, pointed out in an interview with a 21st Century Business Herald reporter that patent data is a gold mine and that the data itself does not generate any value, but with the help of artificial intelligence, “mine veins” can be quickly discovered. ' Through the in-depth analysis of patent data, we can understand the course of technological development, competitor dynamics, etc. It can also cultivate and promote the company's innovative capabilities, and have a legal platform that is familiar with the intellectual property financial policy.'
High-value text
Patent data includes not only patent specifications, but also scientific and technical journal articles closely related to patents, relevant legal judgment documents, transfer licensing information, and corporate information.
In its latest report, UN agencies stated that the use of IPR applications for patents, trademarks, and industrial designs, etc., in WIPO's organizations reached new records in 2017. China has become the second largest source of international patent filings submitted through the Organization Organization. It is expected to surpass the United States in the next three years and become the world leader in international patent applications.
For China’s patented technology development in recent years, the Director-General of the World Intellectual Property Organization, Francis Gurry, stated in a statement that China has changed from a major technology user to a technology producer. 'China’s use of the international patent system has increased significantly It shows that as China's economy continues to transform rapidly, Chinese innovators are increasingly looking outside and are looking forward to spreading their ideas to new markets.
At the same time, according to the data of the World Intellectual Property Organization, 80% of the world's technical information and 90% of the patent information exist only in the patent text. In other words, the patent text has extremely high value.
However, Wu Xueqin, who has been engaged in technology transfer work and is also a certified patent appraiser, points out that in many countries and organizations around the world, due to different administrative jurisdictions, users need to search multiple databases when using them because the patent data resources are scattered in different areas. In the database, the degree of integration and correlation is not high. This is also a very complicated process for IP service workers. At the same time, there are also differences between languages and national laws and regulations, resulting in difficulty in searching. It is understood that without The processed patent text can be detected as high as 90% or more.
Wu Xueqin pointed out to 21st Century Business Herald reporter that artificial intelligence can solve this problem well, that is, introducing knowledge mapping technology into the construction of patent database. With the rules of technology path, machines can produce long chain reasoning after training on the database. Sentence.
'Patents are 'eight-stranded text', written in a specific format, with a relatively standard expression. Compared to papers and other free bodies, training machines 'read and understand' patents much easier. By artificial intelligence will be fragmented, independent of each other The connection between intellectual property 'information isolated islands' and 'islands of application' can form new forms of intellectual property sharing for information sharing. ' Wu Xueqin pointed out to 21st Century Business Herald reporter.
It is understood that the intellectual property service industry is still at a relatively elementary stage, and the mining and application of data is also at a relatively elementary level. Its applications mainly include the development of search software, tools, analysis of the intellectual property industry, and the establishment of three forms of big data platforms.
Helps combine the depth of production and financial integration
Wang Xinzhe, chief economist of the Ministry of Industry and Information Technology, also pointed out that China’s big data development momentum is very good. China’s big data field has the second largest number of patent disclosures in the world. It is necessary to promote deep integration of big data, the Internet, artificial intelligence and the real economy.
In fact, the patent search is to understand themselves and their opponents. For enterprises, through the in-depth analysis of patent data, we can understand the course of technology development, direction and future development trends.
The use of artificial intelligence to automatically match and match patent data can help companies find potential buyers in the course of patent operations, or find suitable investment projects; help companies understand the latest developments in the industry, provide support for enterprises to make business decisions; prevent and circumvent The risk of intellectual property infringement protects the company's development.
Intellectual property rights are also conducive to innovation and development. The founder of the founder Mao Daqing pointed out that intellectual property is a very important part of the innovation and entrepreneurship service system and is one of the three most important services for small and micro enterprises in China.
'The artificial intelligence's mining and integration of patent data can also help SMEs to better solve financial problems such as pledge and financing.' Wu Rongqin founder Wu Xueqin pointed out.
In fact, the shortage of funds is often the constraint of many innovative small and medium-sized enterprises. Many small and medium-sized technology enterprises with independent intellectual property rights are often unable to expand their production capacity due to lack of funds, and opportunities are fleeting. In the process of IP pledges The greatest difficulty they encountered was the lack of bank understanding of the value of intellectual property pledges.
In traditional real estate mortgages, banks will pay attention to the possibility of disposal of mortgages and the amount of disposals. Most banks use this mode of thinking for the financing of intellectual property pledges, paying special attention to the possibility of intellectual property disposal and the correlation between the assessed value and the disposition amount. Therefore, due to the difficulty of disposal, most banks have rejected the IP pledge financing.
Artificial intelligence companies, including Rongduyi, are also trying to solve this problem. According to reports, Rongduyi is trying to promote patents as a pricing assessment in asset management, including open port accounts and APIs, and various forms of financial Institution pilot patent pledge financing and securitization.
At present, Rongduyi independently researches and develops its own evaluation engine and uses the “Patent Value Indicator System” issued by the State Intellectual Property Office to construct more than 100 models of indicator algorithms to realize real-time, accurate and dynamic automatic assessment of patents for inventions. Large-scale promotion of patent pledge financing became possible.
The State Intellectual Property Office also hopes that intellectual property patents can better serve the real economy. In the recently released “13th Five-Year National IP Protection and Use Planning,” the key task division plan clearly stated that by 2020 the annual intellectual property rights The amount of pledged financing will reach 180 billion yuan. 21st Century Business Herald
5. Apple Watch is likely to support face recognition has filed a patent application;
Tencent Technology News after the transformation into sports health equipment, Apple Watch sales began to increase, some users are also concerned about the future of Apple Watch will have what new features. According to foreign media latest news, Apple's patent application shows that Apple Watch will in the future Supports face recognition.
According to Forbes website reports, some of Apple’s patents on smart watches were exposed recently, which mentioned that Apple plans to integrate a camera in the screen of smart watches. In the future, this camera may launch 3D recognition or face recognition.
According to foreign media reports, although Apple is very low-key in this technology, but from the perspective of patent application documents, it is obviously to become a face recognition system on smart watches.
However, it is not easy to integrate a large number of three-dimensional identification sensors on smart watches. Apple may be implemented step by step, first integrating a camera in the Apple Watch, and then adding other sensors.
In the iPhone X mobile phone marketed today, Apple has launched 3D face recognition, which is the first time in the industry. However, media and consumers are controversial about this function. Some consumers think that the user experience of face recognition is not as good as fingerprint recognition. , Face recognition cannot be used in some scenarios, and security is not as high as advertised by vendors.
Apple’s patent on smart watches also includes implanting sensors in the watchband to analyze and judge the movement of the wrist, which will help to analyze some sports in the future, such as the frequency of waving wrists in baseball and other games. and many more.
According to the usual practice, Apple will generally launch a new generation of Apple Watch at the new product launch conference in the fall. However, the above-mentioned face recognition function is very difficult to integrate, and it is unlikely to be released to the public this year.
Although there are controversies among consumers, Apple seems to be very enthusiastic about face recognition. According to reports, in this year's three new mobile phones, Apple will be fully implanted in face recognition, which also brings to suppliers in Taiwan. Good.
Earlier media reported that Apple may upgrade some tablet PCs in the first half of this year. Besides shrinking the border, Apple may implant iPhone X's face recognition function in the tablet. The new tablet will also cancel the traditional home screen button. .
After the initial listing of the Apple Watch, it suffered a downturn. The main reason was that the market positioning was wrong. Cook had launched more than 10,000 US dollars in the gold version of the watch, and even wanted to become a must-have item for fashionistas, but it turned out that the fashion industry is not keen to An 'electronic watch'
Subsequently, Apple Watch adjusted its positioning, fully focused on sports and health functions, and adjusted its pricing to the more easily accepted 350 US dollars. In terms of sports, Apple has also introduced position positioning, waterproofing and other functions, which have enhanced practicality.
According to a report of a third party organization, Apple Watch has achieved high growth, and may even occupy 90% of the global smart watch market.
In the Android camp, many manufacturers have already withdrawn smart watches. It is generally believed that smart watches will be a niche market that can 'bring up' Apple and a few other manufacturers, but it is not suitable for a large number of manufacturers to compete with each other. (General/Dawn) Tencent Technology
6. AAC Technologies: 480 new patents in 2017;
AAC Technologies (02018-HK) stated in its 2017 Annual Results Report that the company had successfully obtained 480 new patents in 2017, of which 281 were non-acoustic divisions, expanding the company's intellectual property portfolio to a total of 2,503 patents. The company has applied for another 1,567 patents, bringing the pending patents to a total of 2,377 patents.
In terms of optical divisions, 3D inductive cameras and hybrid lens cameras appear. Although still in the early stages, they have special optical augmented reality functions and bring a whole new user experience. The company has successfully demonstrated in plastic lenses. And the proprietary capabilities of the wafer level glass lens (WLG). At this stage, the company is ready to seize new opportunities to provide different hybrid lens solutions for 3D sensing and imaging designs.
The company has been developing various antenna designs and production capabilities in the past to provide new wireless RF solutions: Laser direct-molding (LDS) antennas on micro-loudspeaker modules, multi-antenna plastic mid-shells, and one-piece metal with excellent performance Enclosure and multi-antenna metal frame. Looking forward to the future, the requirements for the design of smart antennas and the increasing complexity of ultra-precision manufacturing for the preliminary design of 5G connections to integrate different structural components (such as glass cover plates and built-in amorphous metal frames) will increase the demand. AAC has a favorable market position and seize this opportunity.