Sharp Sues Vizio Alleging LCD Patent Infringement

Sharp Corporation, a Japanese multinational corporation specializing in designing and manufacturing electronic items, has quite recently filed a Patent Infringement lawsuit against defendants Vizio Inc. (a privately held company specializing in designing and manufacturing soundbars, speakers, and televisions) and other companies in its supply chain. In the lawsuit filed at the California Central District Court, Sharp has claimed that the defendants have made unauthorized use of its patented LCD technology. The company also stated that its Intellectual Property (IP) is undoubtedly the backbone of its commercial success. Sharp has created multiple liquid crystal display (LCD) innovations so far.

All the defendants in the lawsuit filed have allegedly infringed upon Sharp’s patents in some way or the other. For instance, Sharp discovered that the defendant CHOT is manufacturing, using, selling, and importing the infringed upon LCD panels. Defendant TPV is undertaking the identical investment actions as CHOT by manufacturing, importing, and selling televisions and further infringing upon Sharp’s patents. The infringed upon televisions are then sold to Vizio, which further offers the same to consumers in retail outlets throughout the US. Sharp has claimed that it had asked Vizio to stop patent infringement; however, it was unsuccessful. The company has even alleged financial harm resulting from the said infringement.

The patents in the lawsuit filed by Sharp relate to the LCD televisions. The ‘206, ‘300, and ‘959 patents outline and claim a liquid crystal display device. The ‘704 patent describes and claims an LCD device with a cured material in the liquid crystal layer. The ‘907 patent describes and claims an LCD device with a polymer formed between two substrates along with a plurality of threshold voltages associated with a plurality of areas within the display. The ‘556 patent outlines a circuit structure along with a pattern of wiring on a base film of a printed circuit board. The ‘239, ‘275, ‘490, and ‘994 patents describe and claim an LCD device with micro-structures directionally configured corresponding to a polarizer layer and an analyzer layer. The ‘634 patent describes and claims an LCD device with a cured material formed on vertical alignment films. At last, the ‘079 patent describes and claims an LCD device with an electrode arrangement consisting of micro-electro parts. Sharp has accused all the defendants in its lawsuit on the claims of these patents through the creation and construction of their corresponding LCD screens.

Sharp is now looking forward to seeking injunctive relief along with an award for damages, including loss of reasonable royalty, profits, and other relief as determined by the court. For more visit: https://www.kashishipr.com/ 

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Facebook Wins Indian Patent for Providing Universal Support to Cell Phones

The social media giant Facebook has quite recently won an Indian Patent corresponding to a device, system, and method for adapting information services, code, and software to comply with the individuals’ device parameters, and for further enabling proper viewing on their mobile devices or smartphones. This latest patent gain is a boost to Facebook’s efforts for providing universal support to a wide range of mobile devices, that too, without compromising on the quality of the service.

The American social media and technology company received the patent from the Chennai Patent Office on 3rd March 2020 especially in today’s era where information service and content providers are putting in sincere efforts for accommodating the technological diversity on the screens of the mobile devices by offering the users with universal support for all devices without compromising on the functionality and appearance. Facebook had filed the corresponding Patent Application in 2011 with the title “device, system, and method for providing distributed online services.”

In its Patent Document, Facebook stated that the invention consists of a device, system, and method for running various mobile applications, including a client and a server, installed in a mobile device. The client connects to the server through a network, displays the content, receives user input, and then, in turn, sends that user input to the server. On the other hand, the server gets the user input from the client and then displays the content for running applications on the mobile device.

While shedding some light on the subject, the patent document specified that the mobile devices come in with multiple varieties of hardware and software, having different operating systems, input controls, and screen solutions. One way of offering universal support is by porting, which indeed has many disadvantages, such as it is both costly and time-consuming to a great extent. Porting refers to the process of adapting the code or software in such a way that it conforms to a computing environment that is different from the one for which the software had been designed originally.

For instance, for displaying the website code on the screen of a mobile device with a browser different from the one for which it was written, the website code may require altering to comport with the capabilities and requirements of the different browsers. The patent document further stated that several versions of a service solution must be generated with variations for matching the particular software and hardware combinations existing on the target mobile devices. At present, the lowest common denominator of the function, by default, is used as a common solution for offering universal service in the technologically diverse world of mobile devices.

Various online service providers make use of wireless protocol websites, which are the adaptations of their regular websites itself with reduced and cut-down versions of features, content, and functionality. Facebook submitted the innovation for taking advantage of the advanced capabilities for which the parallel versions of the service must be efficiently developed, maintained, and checked. For more visit: https://www.kashishipr.com/ 

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Kashish Indian Sub - Continent IPR Management Limited is one of the leading specialized IP law firm providing all arrays of premium Intellectual Property services like a trademark, patent, copyright, design registration and other IP related issues to multi-facet business owners. We have a proven track record of more than a decade long experience of dispensing the highest quality of IP legal services. Our skilled and dexterous attorneys, coupled with an aptitude and a broad understanding of IP laws are capable of resolving the most complex IP related issues in a hassle-free and economically feasible way. We are a continually growing firm holding a prominent position and presence in the market. No matter how intricate and complicated the matter or location is, we are known for delivering on our commitments. Throughout the process, our team stays indirect access and contact with the clients. For building a long-term association with our clients, we strive to safeguard their business interests and legal IP related matters in the most effective manner. ✅   For view source: https://www.kashishipr.com/

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IBM Gets Patent for ‘Self-aware Token’ to Record Transaction Data

IBM, one of the most famous companies worldwide, has recently received a U.S. patent for a type of ‘self-aware token’ that can record its transaction data.

Granted by the U.S. Patent and Trademark Office (USPTO) this month, i.e., in Jan 2020, the patent showcases a ledger-based payment system that could make it easier for governments, individuals, and businesses to track and trace transactions made using a cryptocurrency.

The ‘self-aware token’ is designed to record all the transaction data when not being employed on the payments platform patented by IBM in 2012. The token is set to automatically upload the required data from any ‘off-line transactions,’ when it rejoins the platform ecosystem at a later stage.

As outlined in the Patent Application for IBM’s self-aware token, the concept turns it possible to create a comprehensive lifecycle for tokens that can record data about the payment location, amounts transacted, and even regarding previous token holders. Instead of storing the transaction data itself, the token would store it on personal devices like a laptop, phone, or on a purpose-built database.

IBM said that the token could expedite exchanges between diverse asset classes. Since more cryptocurrencies develop in the future, the question of how to make payments possible between different forms of assets becomes increasingly significant, the patent noted. By recording the transaction data in this form, e-Currencies could operate across disparate eco-systems, thus nurturing easier participating for sovereign and other non-standard currencies.

The patent continued that such a system would be beneficial in improving the method of financial data processing. Self-aware tokens would record the transaction data by measuring their value against other assets involved in the transaction. Hence, it is said to better aggregate and quantifies values against other assets, including fiat currencies and cryptocurrencies.

For the company, i.e., IBM, the ability to ascertain the origin of such a token could help bolster trust and viability within the new token-based economy. In association with tokens:

·         Businesses can ensure that they haven’t been used for any criminal activities

·         Users can confirm that they have not been corrupted or falsified at any stage

·         Administrators or regulators are allowed to build profiles to enforce relevant laws and regulations.

Having launched a Blockchain platform in 2017 and being a contributor to the Hyperledger project, IBM’s work in this technological space appears much more than theoretical. Hence, it is expected that the firm’s token would soon see the light of the day.

Like IBM, many other companies are also looking for Patent Registration of concepts aimed to reduce the gap between fiat and cryptocurrencies. For instance, Jack Dorsey’s Square last week received a patent for a payment system that automatically exchanges cryptocurrencies into fiat currencies. For more visit: https://www.kashishipr.com/ 

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How Are Colleges Working to Protect Copyright, Patent on Student Creations?

As innovation due to the rapidly advancing technology increasingly becomes core to the college education, campuses are stepping ahead to protect the Intellectual Property Rights (IPRs) of their students.

Intended to help students identify their Intellectual Property (IP) while respecting others’ IP, they are setting up dedicated IPR cells to streamline paperwork, offer legal counseling, etc. With these efforts by campuses, the students can now apply for and obtain copyrights and patents for almost everything. No matter whether it is a product, an image, or a simple text, a student can secure the same. The only condition is that the project and product should be new and unique.

The copyright or patent is owned by both the student and the institute. Here, the college plays the role of an applicant, and the student is the inventor. So, the inventorship credit goes to the student.

IPR cells aid students to promote their work. And, it further helps the students in the commercialization of their products, ideas, etc., by attracting potential buyers.

Plugging the Gaps

It is due to the lack of separate Intellectual Property Law (IP Law) for universities that the campuses are working on their own policies. Indeed, the colleges are doing so while keeping in mind the objectives and privileges of the National IPR Policy adopted by the Indian government in 2016. According to the IPR Law in India, one of the prerequisites for filing the copyright or patent application is that the work must be:

·         New,

·         Non-obvious, and

·         With tangible utilities or outcomes.

As India follows the first-to-file rule, it is always in the best interest of the applicant to e-register and then proceed further only if a prototype is ready. Moreover, he/she should ensure that the novelty isn’t lost even by prior publication in a journal. The kind of IPR is selected based on the type of work. For instance, if it is a new process or material product, then it comes under Patent Protection. Nevertheless, if it is aesthetic and design-based innovation, film, or video, then fall under the Indian Copyright Act of 1957.

Time and Money

Although some patents get registered within a month of filing application, many others take around four months or even more. Most of the time, it is due to the queries amid the students, faculty member, and Patent Attorney and Officer. Whatever is the reason, these things show that ‘obtaining patent protection’ is not an easy task. Note that the final granting of patents can take years even.

From all these statistics, we can conclude that though patenting is a long-drawn-out process, yet going for this is beneficial in many ways. By obtaining Patent Protection in India or anywhere, the inventors can gain the confidence to conduct more researches and come up with more inventions. They can become more industry-ready.

Considering these advantages of patenting, universities are involved in practices to help students with this process. The campuses are supporting the inventors in the entire process, from filing to responding to patent administrators if needed. They appear supportive from the perspective of expenses also. The cost of Applying for a Patent, in general, ranges from Rs 4,000 to Rs 9,000.

Universities also support students by paying renewal fees for half the 20-year life of a patent. Nonetheless, they also share royalties on ideas, inventions, and products produced by students in college using university facilities. Terms of sharing vary based on universities.

Many times, students wish to leave the campus and move out of the nation. In such cases, the college takes care of the rest of the Patent Registration Process in India with the help of an authority letter from the student.

Well, this is one of the best moves that campuses in India took to motivate students to utilize their intellect as more as they could. It is a good way to shape present students into great creators and inventors who will make the nation proud in the future. In a single line – this effort by the colleges will for sure be beneficial for not just the students but campuses and the nation as well. For more visit: https://www.kashishipr.com/ 

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Delhi HC: Applicants Own Right to Know Reason for Trademark Application Rejection

The Delhi High Court (HC) recently has held that the trademark registrar is duty-bound to provide the applicant with the replica of an order passed under Section 18(5) of the Trademarks Act, 1999 comprising the ground for refusal/conditional acceptance in addition to the materials he used to reach the decision.

The Court has stated that Rule 36 of the Trademarks Rules, 2017 is unreasonable, arbitrary, and inconsistent with the Act insofar because it empowers the Registry to express the decision without including the grounds for refusal/conditional acceptance.

The ruling was passed by a Single-judge Bench of Justice JR Midha following a petition favored by the Intellectual Property Attorneys Association. The association had moved to the Court after being wronged by non-speaking orders passed by the registrar of trademarks while refusing applications for Trademark Registration.

It was asserted that such refusals were violating Section 18(5) of the Trademarks Act. Besides, it was argued that the terms mandated the registrar to maintain written records of the grounds for refusal or conditional acceptance along with the materials he used to arrive at his decision.

On the other side, Rule 36 of Trademarks Rules, 2017, states that the registrar shall provide the decision in writing to the applicant. Moreover, if the applicant wants to file an appeal for getting the grounds behind the decision, he might do so within 30 days in Form TM-M.

Hence, the association concluded and argued that as far as the supply of reasons behind the refusal was concerned, Rule 36 was in contravention of Section 18(5).

To finish after hearing the parties, the Court approved the petition made by the Intellectual Property Attorneys Association. It held that the trademarks registrar/administrator was duty-bound to provide the applicants (who file Trademark Applications) with the copy of the order passed under Section 18(5) to make them familiar with the reasons for refusal or conditional acceptance and the materials he deployed to come up with that decision.

The Court further clearly held that Rule 36 was arbitrary, unreasonable, and inconsistent with the Act. It agreed with the association and ordered that the petition is approved. It added that the registrar of the trademarks is directed to stringently implement Section 18(5) of the Trademarks Act by maintaining written records of grounds for refusal/conditional acceptance and also sending the same to the applicant within fourteen days of the passing of the order. ✅ For view-source: https://bit.ly/2ClGvLV

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Blockchain: An Advanced Way to Protect, Manage, and Monetize Your IP

Are you facing issues in protecting, managing, or monetizing your Intellectual Property (IP)? Don’t worry, as you can now implement blockchain technology, which works as an advanced tool to help you protect, manage, and monetize your IP.

Intellectual property, which refers to outcomes of the human mind, includes many different things. From inventions to artistic works and unique products, almost every uncommon and useful thing can rest under its umbrella. Whether you create a symbol, write a book, design a game, or come up with any other intangible media, you (as an author) can access and enjoy Intellectual Property Rights (IPRs) over the same. Nevertheless, the present system appears a bit weak to bring this phenomenon in practice. You are possibly aware of how easy it is for others to steal your content nowadays when the internet facilitates your data to flow freely across the globe.

Blockchain technology provides an incorruptible digital ledger that aids you in tracking assets and recording transactions in a business network. Assets can be tangible such as cash, cars, and houses or intangible like IP. Working as a tool to store and manage assets on a decentralized ledger and track transactions associated with digital content, including anything – music to pieces of art, etc., blockchain ensures reliability, accountability, and transparency. In this way, it allows an immediate revenue stream for creators by enabling a direct relationship between them and consumers.

IP Protection with Blockchain

As a creator of content, image, or anything else, you can understand how frustrating it is to put in efforts and time on something that people can access freely without your consent and any compensation. Moreover, you also comprehend the importance of retaining ownership rights as it is the easiest method to avoid such frustrating acts. Nevertheless, with the current model of the IP industry where getting your asset registered is a time taking process and the internet that has made copying content quite easy, doing so appears a bit hard. Worst, proving infringement of your content in court without proof of ownership becomes difficult. Here, blockchain digital ledgers that emphasize working with time-stamped and unalterable records come up as the perfect place to store evidence of your ownership rights. They provide a solution for authenticating and proving the time of creation and the identity of the original creator, thus eliminating all sorts of doubts and making it easier for creators to enforce their rights when Copyright Infringement of their content occurs.

IP Management with Blockchain

In the present era, once creators upload their work online, it becomes arduous for them to maintain control of the same. Moreover, not only the creators find it problematic to know who is using or making profits from their content, but even third-parties who wish to seek a license to use someone’s IP face difficulty in determining the relevant owner. All these facts result in increasing infringement issues and preventing authors from properly monetizing their works. The blockchain technology, which maintains a fair digital record enough to prove the creator’s authenticity, can prevent the occurrence of such issues. Besides, by maintaining transparency, it helps third parties to identify the original owner and get his/her permission to use the content. And this, ultimately, benefits the creators with the option to obtain expected compensation in exchange for licensing their IP.

IP Monetization with Blockchain

Blockchain technology-based smart contracts play an active role in helping creators monetize their IP. These contracts empower creators to not only dictate the fee and terms of their licensing agreements and ensure that the licensee is using it as expected but also license content directly to end-users. They can also serve you with benefits like automatic payment triggering whenever people access your content, appropriate scaling of compensations, etc. Blockchain, in this manner, aids you to save your money and monetize IP effectively as with smart contracts, you needn’t have middlemen.

Conclusion

Almost every one of us knows that blockchain technology, if used correctly, can help creators in improving efficiency, cutting expenses, and increasing revenue by creating new products. Still, many individuals and enterprises often ignore stepping ahead with it. Well, whether to use blockchain for protection, management, and monetization of your IP or not is your choice. Nonetheless, if you want to experience noteworthy protection of your IP and suitable compensation for your creative works, it is advisable to go for this advanced technology. ✅   For view-source: https://bit.ly/32nrwvG

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