Intellectual Property, Technology, and the Law

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Mobile Madness – June 14, 2011

Mobile Madness continues (updated on June 15, 2011)…

Apple Settles with Nokia

Today was a big day. Finally, after almost 2 years, Apple finally settled with Nokia. Nokia had sued Apple back in October 2009 for patent infringement. Nokia cited 10 of its patents, covering technologies such as GSM, UMTS (3G) and WiFi.

At the time, it was an interesting lawsuit because it involved what are called Standards Setting Organizations, or SSO’s. Very generally speaking, SSO’s are organizations that count various industry players as its members. Their general goal is to develop, agree upon and promulgate a set of standards that will, in theory, benefit the entire industry by maximizing interoperability and minimizing risk such that companies know which path certain technologies are heading down and being able to prepare and strategize accordingly.

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Mobile Madness – May 31, 2011

First and foremost, I hope everyone had a fun and safe Memorial Day holiday. It has always been one of my favorite holidays, for several reasons:

  • For some reason, I always forget about it until just days before. It’s embarrassing to schedule meetings at work on Memorial Day and have people decline them and include a sarcastic comment about my mental faculties. This actually happens almost every year. While this sounds like a bad thing, it really isn’t. Every year, I am pleasantly surprised with a holiday I wasn’t planning for. Sometimes, ignorance is indeed bliss.
  • Not that I really need one, but it’s a great excuse to get barbaric and throw some flesh on the grill and knock back a few cold ones. Yesterday, I even got a chance to do it in the middle of my cul-de-sac with a few neighbors and their families. Good times.
  • It always falls right in between my son and daughter’s birthdays. So there’s a lot of fun right before and right after. There’s nothing quite like seeing your kids enjoy their birthdays. I am not sure how long it will last though. I asked my son what he wanted for his 11th birthday and he said, after ruminating about it for a few moments, “um, I think I’ll just take $100. No, make that $150. There aren’t any video games out there that I want and I don’t want to choose between a Derrick Rose and LeBron jersey until the playoffs are over.” Birthdays have indeed become increasingly transactional in our family.
  • Most importantly, it’s a wonderful opportunity to reflect upon the preciousness of life. Whether or not you agree with the justification behind any war, we can all agree that those who died, and those they left behind, paid the ultimate price. We collectively honor their sacrifice.

With that said, I would like to introduce the first installment of what I hope becomes a regular feature on this blog. I am calling it “Mobile Madness.”

We are currently witnessing a historic and ubiquitous migration in technology. Not too long ago, in the late 1980s, personal computers were becoming commonplace in the American household. Yet, only two decades later, a major shift has started from these PCs to smartphones. My brother recently told me that he goes days without using a PC (whether desktop, laptop or netbook), because he can do all of his work and surfing with his iPhone.

With this migration, we see conflict. But the conflict is nothing like some of the skirmishes we saw in the PC days. The dynamics of the mobile market are multilayered and include a myriad of players, interests, and technology spaces. Battles loom over hardware, software, look and feel, just about anything. And they involve just about every single IPR (intellectual property right) imaginable. These are exciting times for an IP practitioner.

And thus, Mobile Madness. Since I’ve been scarce with time lately, I’ve got a bunch of issues to cover. I intend to have shorter blog posts in the future. But whatever, here you go! Without further ado…

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IP Spam

Our accounting department recently sent me an email, asking for approval to pay an invoice relating to a patent application that we have. She named the company, which didn’t sound familiar. The scenario, however, was all-too familiar. I asked her to send me a copy of the invoice, but I had a pretty good idea of what it was before I received it. Here it is (with redactions):

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The Wacky Wizard of Woz

“You, my friend, are a victim of disorganized thinking.” – The Wizard of Oz

I have to admit, I got a chuckle out of the latest comments from Apple co-founder Steve Wozniak, who was at the Embedded System Conference here in the Silicon Valley:

“A lot of patents are pretty much not worth that much”

Um, well, yeah. Not exactly groundbreaking news. I know some people who believe only 5-10% of their patent portfolio will ever be useful in any manner. But it’s that 5-10% that keeps companies afloat.

“In other words, any fifth-grader could come up with the same approach.”

Well, ok. My son’s in the 5th grade and I am pretty sure he has come up with several novel and nonobvious ways to annoy his sister.

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A Monster Medley – April 30, 2011

I’ve been meaning to blog about a number of interesting intellectual property related issues, stories and opinions I’ve read over the past week or so, but haven’t had the time until now. I am going to dispense with any clever segues and just post them along with some comments.

Have you seen The Hangover? If you have, you’ve probably seen the Hangover 2 trailer. Check this out — a tattoo artist is suing Warner Brothers over the design of the face tattoo he provided to none other than Mike Tyson, whereas said tattoo was used in The Hangover 2 by Stu Price, the dentist who lost his tooth in the original. Any time intellectual property gets crossed with a bachelor party, you just gotta write about it. You dig?

Among a plethora of stupid things our Government is doing, one of them is cutting the USPTO budget. Well, to me, few things make as much sense as the USPTO having a satellite office in one of the world’s most active innovation volcanoes, the Silicon Valley. But the Government isn’t going to do it. And that’s too bad. Job creation, better patents, more innovation, more investment… ah, the heck with it. You’re right. It makes too much sense. Click here for the link.

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