Wednesday, February 24, 2016

Patent Case Review: Waze and Google vs. Makor


On Monday, February 22, the popular navigation app Waze and owner Google were sued in Delaware federal court by the Israeli-based Makor Issues and Rights Limited. This software company sued Waze and Google on grounds that Waze and Google are infringing two patents it owns.

Makor argued in the patent suit that Waze and Google are directly using technology in Google Maps and the Waze App that are included in patents the Israeli company has owned since the early 2000s. These patents are concerned with traffic monitoring technology that enables drivers to avoid traffic jams. If you have ever used the Waze app before, this is one of the key features of the app – Waze users can update traffic information in their location to help other users of the app avoid certain routes and traffic.

The two specific patents mentioned in Makor’s suit are U.S. #6,480,783 and U.S. #6,615,130 (the “783” and “130” patents). The “783” patent is titled “Real time vehicle guidance and forecasting system under traffic jam conditions,” and the “130” patent is titled “Real time vehicle guidance and traffic forecasting system.”

In the lawsuit, Makor points out that the company has owned these patents since the early 2000s and that Waze and Google “knew or should have known” of the valid ‘783 and ‘130 patents. Their hoped outcome includes an unspecified amount of damages, payment of attorney’s fees, and a judgment that Google and Waze have infringed Makor’s intellectual property.

In contrast to the Apple-VirnetX patent suit where VirnetX does not actually develop any technology, Makor was the actual company that created this intellectual property and filed the patent. It will be interesting to see how Google and Waze respond to this lawsuit. Google is certainly familiar with patent suits, as it is currently involved in a number of litigation suits.

Patent Case Review: TiVo vs. TNS Media Research


On Monday, February 22, a New York federal judge ruled that three patents TiVo asserted against TNS Media Research are invalid based on the precedent set by the Supreme Court Alice Corp. vs. CLS Bank suit. This standard states that “merely requiring generic computer implementation fails to transform [an] abstract idea into a patent-eligible invention.” One of the three patents mentioned in the suit includes TiVo’s “holy grail” targeted-advertising patent.

The dispute is over TiVo’s proprietary advertising platform, which matches television programs with household purchase behavior. TiVo claims that this product cost $23 million and 35,000 hours to develop and argues that TNS used materials it acquired during a potential merger between the two companies to replicate the product.

TNS sued TiVo in 2011 asking for a declaration that certain products made by the company did not infringe TiVo’s patented technology, which determines which TV shows are the best match for advertisers looking to sell particular products. TiVo responded with several counterclaims, including breach of contract, misappropriation of trade secrets, and infringement.

In November 2013, U.S. District Judge Shira Scheindlin threw out TiVo’s infringement and trade secrets claims, but in September 2015 the U.S. Federal Circuit vacated this decision and revived four of TiVo’s five trade secrets claims. In this latest ruling on Monday, the same District Judge decided that one of the asserted patent claims by TiVo was directed toward an abstract idea (by the Alice standard) and ruled once again in favor of TNS. This ruling resulted in TiVo’s three patents becoming invalid.

This ruling on the appeal seems rather interesting to me. It appears that TNS acquired proprietary information from TiVo in a less-than-proper way during merger negotiations and that TiVo should have won the patent case. However, this definitely will influence future software patent rulings, specifically the gray area between abstract ideas and patent-eligible software inventions.

Wednesday, February 10, 2016

Details of the Dispute between Apple and VirnetX

In the patent case between Apple and VirnetX, a federal jury in East Texas ruled on February 3 that Apple must pay VirnetX more than $625 million for using technology in patents held by VirnetX without their permission in Apple’s FaceTime and iMessage applications. The jury concluded that these technologies and the Apple devices running them infringe on VirnetX intellectual property covering secure communications protocols.

The case was based on four patents, and the jury had to answer nine questions regarding Apple’s supposed infringement of patents held by VirnetX. The four patents in question were the following:
  1. U.S. Patent #6,502,135 (“135 patent”): Agile network protocol for secure communications with assured system availability
  2. U.S. Patent #7,490,151 (“151 patent”): Establishment of a secure communication link based on a domain name service (DNS) request
  3. U.S. Patent #7,418,504 (“504 patent”): Agile network protocol for secure communications using secure domain names
  4. U.S. Patent #7,921,211 (“211 patent”): Agile network protocol for secure communications using secure domain names
The jury evaluated nine questions based on these four patents:
  • Question one for the jury had to do with Apple’s infringement of the ‘135 and ‘151 patents with their “VPN on Demand” feature. Apple conceded that they infringed on these two patents, and the jury ruled that Apple must pay just under $335 million in damages to VirnetX.
  • Questions two through six were regarding the specific patent infringements committed by Apple. The jury unanimously ruled that Apple infringed on claims in the four aforementioned patents held by VirnetX for its “VPN on Demand” and FaceTime features on a variety of Apple operating systems and devices.
  • In questions seven through nine, the jury ruled that Apple willfully infringed on claims in the patents mentioned in questions two through six. Even in this higher level of proof, the jury arrived at this decision unanimously.
In conclusion, VirnetX was able to thoroughly prove Apple’s willful infringement of their patents.

Link to my YouTube video: https://youtu.be/kbLIeE9tGaw

High Level Explanation of the Apple-VirnetX Patent Case

On February 3, an East Texas jury ruled that Apple must pay patent-holding company VirnetX $625.6 million for infringing for patents. What is interesting about this outcome is that VirnetX is a “non-practicing entity,” or, in layman’s terms, a “patent troll,” as the company does not make any products itself and earns revenue only through patent litigation.

VirnetX is certainly not new to going after large technology companies on patent infringement. Its original patent attack on Microsoft ended in a $200 million settlement, and Microsoft later paid $23 million to end claims that Skype also infringed on patents owned by VirnetX. VirnetX has also sued Cisco Systems in the past, but Cisco took the case to trial and won.

This case is interesting on a number of levels, first being the underlying morality of such a lawsuit. What does it mean for a “company” that is clearly understood to have not actually made the technology being discussed in the case to sue a company (in this case, Apple) that actually developed the technology? On the surface, VirnetX winning this case does not sit right with many people from a competitive standpoint, as they did not actually create the intellectual property at hand. However, the buying and selling of patents is totally legal, and regardless of whether VirnetX actually developed the technology, if they own patents that could potentially incriminate Apple, is it not VirnetX’s “right” to sue and exclude Apple from making products with infringed content?

Secondly, this case has helped shed even greater light on significant inequality in patent case decisions. Both companies involved in the case have no connection to East Texas – but then why did VirnetX file the lawsuit there? Patent holders (like VirnetX) have a higher winning percentage in East Texas than in any other part of the country. According to the New York Times, patent cases are heard faster in Marshall, Texas (where 25% of all patent cases are filed), and patent holders win 78% of the time compared to a nationwide average of 59%.

There are definitely no clear answers on how to solve the problem of “patent trolls,” and there is not even consensus on whether a problem actually exists. Changes to this system will require a multi-faceted approach to address all sides of the issue, especially for plaintiffs and the courts evaluating cases.

Link to my YouTube video: https://youtu.be/zGRnWEfcNhg

Tuesday, February 9, 2016

Top 10 Inventions That Changed the World

A revised list of the top 10 inventions that changed the world:

1. The Wheel: Although the wheel was invented over 5000 years ago, its influences on today’s more advanced society cannot be ignored. The very first wheels were used for potter’s wheels, which were used to create pottery vessels that allowed humans to transport food and water. Later on, other ancient civilizations used the wheel as part of their methods of transportation. Over time along with more improvements to the wheel, wheels started being used as gears, which allowed for the invention of mechanical devices such as clocks, and helped bring about the Industrial Revolution through its use as a component in manufacturing processes.

2. Numbers: The number system created by Indian scholars almost 2000 years ago and later adopted by the rest of the world is the fundamental system why we are able to perform arithmetic and computations. While this invention is essentially taken for granted in modern society, the concept of numbers is a very profound idea that has allowed for the creation of mathematics and the development of the sciences and even computing.

3. Electricity: Electricity is another example of a life-changing invention that people living today cannot imagine their lives without. Electricity is a highly efficient form of energy because it is created without loss and pollution, is weightless, and is very easy to distribute relative to other forms of energy. It has countless applications in our modern lives today, such as light in rooms, working fans, and domestic appliances. Additionally, in manufacturing, electricity helps power factories and other associated machinery with no pollution (unlike fossil fuels). In the future, with better technology, electricity will hopefully power a majority of cars on Earth and the energy-efficient products of the future.

4. Refrigeration: While refrigeration may not exactly be an obviously world-changing invention, it is arguably one of the most important inventions that humanity has made in terms of food safety and transportation and overall public health. Almost every household in the world needs a device to store their food to prevent it from spoiling. The refrigerator helps keep food and medicine cold and prevents people from getting sick from expired food. Without the refrigerator, an enormous amount of food would go to waste every day. From an overall societal perspective, temperature-controlled rail cars contributed to the westward expansion of the United States and allowed for settlements in areas that were not on main transport channels or otherwise thought to be inhospitable. We are all heavily dependent on refrigeration for our daily food consumption.

5. Anesthesia: Anesthesia is a very important tool for surgery and prevents pain for the patient undergoing the operation. Without this, modern health care would simply not exist like it does today, as doctors would not be able to operate on a fully-conscious person, especially for very complicated and intense surgeries.

6. The Telephone: The telephone is an important invention that expanded and simplified communication greatly. This invention sped and increased global communication and allowed for people to communicate real-time from any distance. In addition, the telephone has allowed businesses to communicate without delays between messages and expand globally with minimal losses in productivity. The various developments of the telephone, such as the cellphone and potentially others in the future, could potentially bring about even faster and more effective methods of communication.

7. The Internet: The Internet facilitates and affects nearly every aspect of modern life. It serves as the foundation for modern communication and has made access to information much easier. Rather than searching through physical books in a library, people can now access vast amounts of information from the comfort of their own home. Additionally, the Internet has positively affected business by giving employees the ability to work remotely from different locations and communicate quicker and more efficiently.

8. The Computer: It is almost impossible to imagine our world without computers, as computers have become electronic devices of every-day use for many people. In every aspect of corporate and personal life, computers and its various successive developments (such as laptops, tablets, and other devices) have become very important. From banking, medical science, education, weather predictions, and many more areas, computers have helped create significant increases in worker productivity and increased speed and efficiency in business processes and personal communication.

9. Compass: The compass helped make sea travel possible all year long and even in adverse weather conditions. While this does not seem to sound amazing in a modern context, in the 15th and 16th centuries, the compass was the main tool that allowed for reliable sea transportation. As a result of the compass and associated navigation techniques, civilizations that would have never come across each other before had the opportunity to interact and trade.

10. Internal Combustion Engine: The internal combustion engine made the personal transportation society uses today possible, such as automobiles and airplanes, and also brought about the mechanization of many agricultural processes. This allowed for the faster and more efficient production of food for a growing population in the 19th and 20th centuries. Compared to its predecessor, the steam engine, the internal combustion weighs less, is safer, and is a more efficient way to get power from fuel. Even today, it has better power-to-weight ratio than electric batteries and motors and offers comparable overall efficiency.

Link to my YouTube video with slides of these inventions:
https://youtu.be/97J2P5cGFvc

Saturday, February 6, 2016

The Wheel: The Original Invention

From my list of top-10 inventions, I will elaborate on the wheel, the “original” world-changing invention. As simple as the wheel seems today, it is the very basis of movement and has a variety of applications across multiple areas of society and industry.

The World Before the Invention

Although the wheel has been such an important invention, the wheel (specifically as a means of transportation) was actually invented at a relatively late point in human history, in the Bronze Age. By this time, human beings were already planting crops and herding domesticated animals. Before wheels, humans used logs to move large loads around. The main problem with this was that many rollers were required and keeping the logs on course required effort. The wheel as a form of transportation developed out of the need for faster transportation and the idea of using less material.

The Significance of the Invention

Initially, the wheel was used for domestic purposes, such as for irrigation, milling, and pottery making. However, over time with better tools and techniques, the wheel gave people a number of benefits across many time periods. Wheels made transportation and trade happen much more easily than otherwise. This led to the constant expansion of civilizations and greater mobility that facilitated trade and eventually led to the invention of railroad cars, automobiles, and other products. Wheels also became smaller-scale components in more fine technology products starting in the Industrial Revolution, including as gears in clocks.

The Improvement over the Past

Once the wheel was invented and the wheel-and-axle system was refined to a greater extent, transportation of people and goods became much easier, especially over long distances. Prior to the wheel being involved in transportation, the potter’s wheel helped improve people’s lives and expand geographical settlement. People could create vessels to carry water so they did not have to live next to a water source.

Why I Picked the Wheel


Think about this – no wheels exist in nature. Throughout history, most inventions were inspired by the natural world. The idea for the pitchfork came from forked sticks, and the airplane from birds – but the wheel is 100% the first human innovation. The wheel has enabled so many more inventions and has made humans’ lives much easier and much more efficient.

Link to my YouTube Video: https://youtu.be/u1YL39miXvI

Link to my YouTube Video of my slides of my Top 10 Inventions That Changed the World: https://youtu.be/97J2P5cGFvc