Patent Dispute Trends: Patent Litigation Down 26 Percent While IPR Up 22 Percent in Q1 of 2017

Patexia.com reports continuing reduction in the filing of suits for patent litigation and continuing increase in the filing of Inter Partes Review (IPR).

Detailed information and graphs on these trends are provided in the Patexia.com article including year-over-year from 2015 on to 2017Q1.  The 2017Q1 data shows:

“In the first quarter of 2017 we saw a continued decline in patent litigation. The district court litigation was down 26 percent to 1,012, compared to 1,346 in Q4 of 2016. And it was down 5 percent year over year (1,067 in Q1 of 2016). For the same period, Inter-Partes Review (IPR) was up 22 percent to 550, compared to 448 in Q4 of 2016. This increase was even sharper year over year. IPR saw a whopping increase of 64 percent in Q1 2017 versus Q1 2016, which saw 335.”

One key statistic related to the IPR process:  “IPR activity per quarter was at an all-time high in Q1 2017. Since its inception in September 2012, IPR has been gaining popularity as a tool to challenge the validity of patents in lawsuits or licensing deals. …”

Related to patent litigation cases:  “Patent litigation in district courts was at its lowest level since 2011. Although the litigation has dropped to pre-AIA levels, it is worth mentioning that post-AIA numbers are generally magnified because of joinder rules. …”

 

 

 

Samsung Galaxy Note 7 Phones are Burning/Exploding!!

Two weeks after releasing the Galaxy Note 7 SmartPhones, Samsung is literally and figuratively fighting fires!  They have now recalled the roughly 2.5 Million Galaxy Note 7 that have been distributed (about 1 Million phones sold).  This is clearly a serious safety and reliability issue that should have been identified before any shipments started.  Not only is there the cost associated with the recall, replacement, possible personal injury and property damage, Samsung stock has taken a hit that knocked $2 Billion off of its market value!  The market can be massively punishing and unforgiving for mistakes like this one.

To date, 35 reports of fire/explosion issues have been received by Samsung.  Samsung believes that the problems are confined to fewer than 0.1% of the phones.  Based on a population of 2 Million phones, this would indicate the problems apply to less than 2000 phones.  This is a huge number of failures and a 99.9% reliability (even if the reliability level is even this high) is an unacceptable level in the consumer products world.

We expect these products not only to function reliably but also to be safe.  Battery fire issues with hoverboards in late 2015 basically tanked the sales of that product.

Additional details including the press release can be found here.

http://www.telegraph.co.uk/technology/2016/09/02/samsung-note-7-recall-millions-of-phones-to-be-replaced-after-ba/

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Concussion Mitigation in Pro Football with Advances in Helmet Technology

Pro Football players in the NFL are bigger, faster, and stronger than ever before.  All of these characteristics increase the acceleration, force, and energy associated with contact between players.  When this contact occurs to the head it can translate into a concussion or just contribute to an ongoing series of cumulative smaller injuries.

Evidence is mounting that concussions or cumulative injuries have serious long-term effects.  This long-term effect applies not only to football, but also things like battlefield blast loading and similar events.

Discussion on sensor technology and helmet improvements.
Reference articles with further information:

 

 

Google Prevails in WAZE Copyright Infringement Suit by PhantomAlert

In the first round of this suit, Google scored at least a temporary victory in that the judge ruled that a copyright claim could not hinge on simple facts of where points of interest are located.

From arstechnica.com :

Google, the owner of the traffic app Waze, has managed to beat back a copyright lawsuit filed by lesser-known rival PhantomAlert.
Back in September 2015 PhantomAlert sued Google over allegations of copyright infringement. Google purchased Waze in June 2013 for over $1 billion. PhantomAlert alleged that, after a failed data-sharing deal between itself and Waze collapsed in 2010, Waze apparently stole PhantomAlert’s “points of interest” database.

In a judicial order filed earlier this month, the San Francisco-based federal judge found that PhantomAlert could not allege a copyright claim on simple facts of where different places actually are.

As US Magistrate Judge Joseph Spero wrote, granting Google’s motion to dismiss:

It is apparent from the allegations in the Complaint that Plaintiff’s Points of Interest are inherently factual, involving “traffic conditions, speed restrictions, and police-monitors,” that is, objective facts that can be discovered and reported. Compl. ¶ 17. The Supreme Court has made clear that facts are not copyrightable, though the creativity associated with the selection and arrangement of those facts in a compilation may be protectable (as discussed below). See Feist, 499 U.S. at 347-48. This rule applies even when the “facts” are inaccurate, as was the case in Feist, where the defendant had copied a handful of false listings that were “seeded” in the plaintiff’s directory. Id. at 344.
While it is possible to assert a copyright over a set of facts that are arranged or organized in a particular way, the court found that PhantomAlert had not done that. As Judge Spero continued:

Here, Plaintiff has not alleged any specific facts that suggest that the arrangement of the information in its Points of Interest database is characterized by any originality. There are no allegations that the data is organized into categories, for example, or that there is anything creative about the way the data is displayed. Further, to the extent Plaintiff alleges the information in the database is edited so as to alert the driver of the Point of Interest before reaching the actual location, see Compl. ¶ 22, there appears to be no creativity involved in these changes. As discussed above, the arrangement of the Points of Interest on the map merely effectuates the purpose of the database; presumably any app intended to alert drivers of the types of points of interest contained in Plaintiff’s database would make very similar changes.

However, the judge will allow PhantomAlert to file an amended complaint no later than mid-January 2016.

This article comes from the arstechnica  Article

http://arstechnica.com/tech-policy/2015/12/judge-siding-with-google-refuses-to-shut-down-waze-in-wake-of-alleged-theft/

Also note that the link to DocumentCloud.org
Links directly to the Legal Document with the full opinion  of the judge at:
https://www.documentcloud.org/documents/2650543-Phantomalert.html#document/p19/a268278

Medical Device Patent Case: Jury Rules Medtronic Willfully Infringed TAVI Heart Valve Patent from Edwards Lifesciences

Smart phones and similar devices have very valuable patents and high-stakes patent litigation.  There are also high stakes in medical devices. Read about this jury verdict below:

Jury Rules Medtronic Willfully Infringed TAVI Heart Valve Patent from Edwards Lifesciences

This story was published in Medical Product Oursourcing (MPO) at:

Part of Heart Valve

http://mpo-mag.com/contents/view_breaking-news/2014-01-16/jury-rules-medtronic-willfully-infringed-heart-valve-patent-from-edwards-lifesciences/#sthash.ZOp8obYx

Medtronic Inc.’s CoreValve system infringes on a patent of Edwards Lifesciences Corp., according to the ruling of a federal court jury in Delaware on Jan. 15. The ruling, part of an ongoing legal battle between the two companies, holds Medtronic liable for $393.6 million in damages.

CoreValve is used in a transcatheter aortic valve implantation (TAVI) procedure, a minimally invasive treatment option for people with severe aortic stenosis. It received CE mark in Europe in 2007, but is not yet available in the United States. Minneapolis, Minn.-based Medtronic expects U.S. Food and Drug Administration approval by the completion of its 2014 fiscal year (end of April). Edwards has had the U.S. aortic valve market to itself since November 2011. Analysts expect TAVI to be a $3 billion worldwide market by the end of the decade.

Edwards and Medtronic are the two largest players in the European market for transcatheter aortic valves. And, perhaps as a result, the companies are no strangers to this sort of court battle. They have battled it out in U.S. and European courts before about patents held by Irvine, Calif.-based Edwards.

The Effect of Congress’ 1998 Extension of Copyright Protection

A colleague pointed me to this very interesting article in the Dec 31, 2013 Washington Post written by Brian Fung.  The article highlights some of the significant differences between the duration of copyright protection versus patent protection. And also points out a number of iconic works that would be in the public domain now except for Congressional extensions of copyright protection.

The title of the article is: “If not for Congress, Superman, Lassie and Scrabble would be free for anyone to reproduce tomorrow”.

After the copyright extensions by Congress in 1998, works before 1978 can have copyright protection for up to 95 years!!

The author points out that:

“On Jan. 1, a whole raft of artistic and intellectual works will be making their way into the public domain — or they would be if Congress hadn’t extended copyright terms for the umpteenth time in 1998. At its core, copyright is meant to protect authors and creators. But as we’ve seen recently with a battle over Sherlock Holmes, copyrights can sometimes prevent well-meaning fans from showing the depth of their appreciation for a work by becoming creators themselves.”

“These days things that were published before 1978 enjoy copyright protections of up to 95 years, but that wasn’t always the case. Under the rules Congress made before the most recent term extension, rights-holders of older works were protected for just 75 years — at which point the work would enter the public domain and be free for anyone to use or riff upon.”

See the full article for more details:

http://www.washingtonpost.com/blogs/the-switch/wp/2013/12/31/if-not-for-congress-superman-lassie-and-scrabble-would-be-free-for-anyone-to-reproduce-tomorrow/?wprss=rss_technology&wpisrc=nl_tech

Amazing video sequence of Explosion at Henderson, NV – 1988

Today I posted the movie that was shot live from Black Mountain of the 1988 explosion at the PEPCON Plant in Henderson, NV.  This is one of the most incredible movies of an accident that you will ever see because it captured almost the entire sequence of a process plant fire and several explosions; an incredible disaster while it was in progress.  Go to the Articles menu and read the background and details on this accident.  Then hit the link “Click  for Movie of actual Explosion“.  You will be amazed!!   It is rare for an accident of this speed and magnitude to be filmed as events unfold!!  (Note:  You can also use the highlighted links from this Blog post).  Dr. Kim Parnell worked extensively on this investigation while at Exponent.