A Patent for an iWatch? #8

A patent application was recently found by AppleInsider which reveals that Apple is investigating a wearable accessory device that features a flexible touchscreen display and conforms to the user's body through the use of a "slap bracelet" mechanism. Apple first filed their patent application for a "Bi-stable spring with flexible display" with the U.S. Patent and Trademark office in August of 2011. The patent describes and contains mock ups of a wearable accessory device that can be easily worn on a persons wrist. When activated, the device connects via Bluetooth or Wi-Fi to a portable base device like an iPhone or iPod. The "Bi-stable spring" is most related to the slap bracelet that many of us wore growing up. According to the patent filing, this device features a flexible display screen with the necessary electronic components all fitting into the convenient body of a sleek wristband. The patent seems to make a wide range of design claims that allow Apple to iterate and develop the product even more before launch. This tactic is strategic on Apple's side since this seemingly broad based patent allows them to have claim over a wide range of wristband types and features. A patent like this gives Apple wiggle room before finalizing a design.

http://appleinsider.com/articles/13/02/21/apple-patent-filing-points-directly-to-iwatch-concept-with-flexible-touchscreen-display 

Apple and Motorola: The Power of a Sensor #7

The U.S. International Trade Commission (ITC) will be revisiting the patent infringement lawsuit between Motorola and Apple where Judge Thomas Pender found that Motorola's patent for a sensor that prevents accidental hang-ups based on proximity was invalid. The ITC has the power to block imports of the iPhone if the body finds that Motorola did in fact have a claim on that feature based on their patent. In early December, the Judge ruled that Motorola's patent was not substantially different from a previous invention that prevented accidental dialing, a decision that cleared Apple of Motorola's infringement claims. Motorola, however, argued that the earlier invention the Judge was referring to concerned physical keys and not touchscreens. The commissions six-member panel will deliberate the initial ruling and come up with a final decision by April 22. This decision can have a huge impact on Apple's sales if it doesn't go in their favor.

http://bgr.com/2013/02/20/apple-motorola-patent-infringement-332171/

Injunction or no Injunction? #6

Once again, I'm going to turn your attention to Apple and Samsung; but this time focusing on Apple's challenge of Judge Lucy Koh's decision to allow Samsung to continue selling products that were found to infringe some of Apple's patents. Last class we learned about injunctions, and how if a product were found to infringe a patent, the court could order the violator to stop the shipment, manufacturing, and sale of that particular product. Judge Koh's decision in this particular instance is interesting given that Apple believes that the court did not go far enough. Apple claims that Samsung "deliberately copied" their iphone and ipad products and are simply getting away with it. Overall this is an ongoing debate that becons the questions of how far is too far? Is paying $1 billion in damages enough? What about an injunction? Does that go too far? Although motivations for resorting to patent litigation are often multipronged, it is clear that in this instance, Apple feels incredibly threatened by Samsung's Galaxy and tablet devices, enough to want the court to forcefully stop its production. 

http://www.washingtonpost.com/business/apple-samsung-judge-says-she-may-put-second-patent-case-on-hold/2013/02/15/7bc0f8b2-7730-11e2-b102-948929030e64_story.html?wpisrc=nl_tech

Patent War: Friend or Foe? #5

With Apple unable to support claims that their sales have been "seriously damaged" by Samsung imitating and releasing its products, the Smartphone war has reached a recent stalemate. Although the media has recently portrayed these two companies as rivals, there are many claims that reveal these two "opponents" share some similar interests by partnering up in some respects. Apple's operations Chief explained that Samsung is a great partner to Apple on the supply side, proven by the $8 billion worth of parts Apple bought from Samsung just last year. (This relationship dates back to 2005 where Samsung provided the initial memory chips that allowed the ipod to be manufactured) On the other side of the relationship, Samsung has immensely benefited from insights Apple has provided them regarding smartphone and tablet production. Now, as their legal scuffles have slowed down, it seems as though they even share common enemies that are threatening their collective market share: Blackberry and Microsoft. This is also contrasted by the fact that industry rivalries have changed in nature over the past decade. In the past, companies sued with the intention of effectively killing their opponents. Nowadays, the competitive landscape between companies like Apple and Samsung are multilayered and complex. Yes, there are many instances of litigation that costs billions of dollars, but on the whole, their relationship is both friendly and harsh. Apple and Samsung sometimes have scuffles, but they also pose a dynamic threat to the market where pairing up against competitors like Nokia, Blackberry, Sony, HTC, and even Google, can help them both in the long run.

Overall, Apple and Samsung have different market strategies and ways of appealing to the market. While it may seem like an all out war is what these companies desire, a second look at the situation reveals that quiet cooperation could be a better strategy for the both of them.

http://news.msn.com/science-technology/stalemate-between-apple-samsung-in-smartphone-wars 

Trade Secres vs. Patents #4

When considering how to protect sensitive and valuable information, companies are often faced with a choice: to file a patent or keep a trade secret. In this blog post I will outline some of the pros and cons of both and let you decide which you think might best accommodate your particular asset. The first component we must look at is time: while a patent can only stay valid for about 20 year, a trade secret can last indefinitely, so long as the secret is not revealed. The trade secret process requires no formalities or bureaucracy which allows it to go into effect immediately. On the other hand, because of that lack of formality, there is no legal code protecting it from being replicated or stolen. In other words, the only line of defense with a trade secret is the ability to keep it secret. Another disadvantage of a trade secret is how vulnerable your product may become to the public market. If your product is one that can be reverse engineered, third parties may be able to obtain the secret information by legitimate means and even file to patent the secret. Depending on the patentability of a given product, companies have to assess the pros and cons of these various methods of protection and make the decision based on a very precise calculated risk.

http://www.wipo.int/sme/en/ip_business/trade_secrets/patent_trade.htm

Samsung's Superbowl ad Mocking Apple's Patent War #3

Samsung produced a Superbowl commercial that featured Paul Rudd and Seth Rogan, to ultimately shed light on the absurdity of the patent war recently led by Apple. Although they didn't cite Apple by name, the commercial was a clear attempt to make a jab at their arch nemesis who led the recent litigation campaign against them for allegedly infringing its design patents. The commercial featured a witty conversation in which Paul Rudd and Seth Rogan attempt to say the word "Superbowl" and the names of the teams playing, but are stopped because those terms are trademarked and Samsung could get sued. Instead they have to refer to the teams by using alternative names such as "the San Francisco 50 minus ones" and the "Baltimore BlackBirds." This comedic depiction of the sensitivity surrounding patents and trademarks reveals that when advertising products and designing features, a lot of precaution must be taken to avoid getting sued. This conversation related to our class discussion regarding the various types of intellectual property and how easily they could be infringed without even intending to.

http://www.theinquirer.net/inquirer/news/2240800/samsungs-superbowl-ad-teaser-mocks-apples-patent-war?WT.rss_f=Home&WT.rss_a=Samsung%27s+Superbowl+ad+teaser+mocks+Apple%27s+patent+war

Why Patent Engineering at Berkeley? #2

I am taking Patent Engineering (IEOR 190G) because of my passion for technology and entrepreneurship. During my time at Berkeley I have had the opportunity to work with a number of start up companies in Silicon Valley and have learned much about the high tech industry as a result. The bay area is the hub of one of the most profitable and revolutionary industries in the world, one that is founded upon a process of innovation and creative thinking. Intellectual property and patenting create frameworks in which those ideas become profitable realities and allow inventors and entrepreneurs to contribute to society as a result. I am truly interested in learning about the process surrounding intellectual property from engineering and business perspectives. I want to learn how to avoid infringement on other patents, how to identify the "patentability" of inventions, and ultimately how to use patents to turn a profit. This past summer I worked in Venture Capital and was constantly asked to assess the viability of a company's patents. Does a particular patent have any claim on the market? If so, how large is that market and what value proposition does that particular patent have from a competitive standpoint. How can a particular patent be used as leverage in an industry to obtain market power as apple has done? I want to understand how to use patents not only as a business tool but also how protecting intellectual property can become a profitable investment. The last piece I want to understand about patent engineering is how to file a patent and be comfortable doing so. This will enable me to ask tough questions to start up teams that are looking for partnerships and or seeking investments. I look forward to working with Dr. Tal Lavian as I have worked with him in the past through my student organization, TAMID Israel Investment Group.