Patents

Apple Dealt Legal Blow as Jury Awards Qualcomm $31 Million (cnet.com) 47

Apple violated three Qualcomm patents and should pay the chipmaker $31 million for infringing on its technology, a jury decided Thursday, giving Qualcomm momentum as it heads into another legal skirmish with the iPhone maker next month. From a report: Qualcomm, which filed the suit in July 2017, alleged Apple had used its technology without permission in some versions of its popular iPhone. The jury awarded Qualcomm the full amount it requested at the start of the two-week trial, which was held in San Diego. One disputed Qualcomm patent covers technology that lets a smartphone quickly connect to the internet once the device is turned on. Another deals with graphics processing and battery life. The third addresses technology that shifts traffic between a phone's apps processor and modem. The $31 million in damages -- or $1.41 per infringing iPhone -- is a drop in the bucket for Apple, a company that briefly became a $1 trillion company last year. But it marks an important victory for Qualcomm, burnishing its reputation as a mobile components innovator. The win also lends credibility to the notion that much of the company's innovation is reflected in iPhones.
Patents

Samsung Patents Wireless TV With No Power Cable (techradar.com) 55

An anonymous reader quotes a report from TechRadar: Could Samsung be on the cusp of a fully wireless TV? A recent patent hints that a Samsung TV without any pesky cables could be around the corner. Spotted by LetsGoDigital, the patent was filed in March 2018 but only released publicly in late February of this year. The patent revolves around a wireless power transceiver, which would make the prospective television the first of its kind to transmit power across the room rather than relying on a power cable -- increasingly seen as an eyesore next to Samsung's premium design sets. The transceiver takes the form of a magnetic bar attached to the rear of the television, given that panels themselves are too thin to house anything of this kind. It would then require a separate power transmitter (plugged into the mains) to keep the TV running.
Iphone

Folding iPhone Patent Application Shows How the Company Could Prevent Damage In Cold Weather (appleinsider.com) 51

A new patent application from Apple, titled "Electronic Devices with Flexible Displays," describes how the company could prevent foldable smartphone displays from getting damaged in extreme temperatures. "While at or in the region of typical temperatures hospitable to humans, folding systems may work fine, but adhesives and other elements used in a device's production may become more resistant to flexing at cold temperatures, which could cause unwanted wear or damage to the display if attempted in such conditions," reports AppleInsider. "To mitigate the cold temperature, Apple simply suggests there should be some way to warm up the area of the display panel where the bend takes place." From the report: As part of Apple's solution, an onboard temperature sensor is used to determine how warm the device is, and whether or not there is any danger to allowing the screen to be flexed by the user. The warming process itself can be performed by a heating element located near to the section that bends the most, with heat conductors transferring the warmth to where it is required. A heating element may not be practical to add to such a device, which has led to Apple suggesting an alternative, namely using the heat generated by illuminating the screen. To do this, a screensaver could be used that concentrates most on the bent section, such as by making it brighter and lit up more than the rest of the screen.

As the heating process could take time to complete, Apple notes there is a danger of the display being flexed before it is safe to do so, something it has also considered. Aside from warning the user on an attempt to bend, Apple believes the use of a latching mechanism to keep the device closed while folded may be worth investigating, both as a mechanical latch and by the folded device being held shut by magnets. When the temperature of the area is relatively safe, the latching system can be disengaged and the user will be free to open the device once again. The patent application does not seem to answer the question of how to prevent the user from folding up an unfolded device, but it could be feasible some form of locking mechanism could be used when the smartphone is flat.

Patents

BlackBerry Sues Twitter For Patent Infringement (reuters.com) 49

BlackBerry has set its sights on Twitter in a new patent infringement lawsuit, accusing the social media company of illegally using technology in its mobile messaging apps that had been developed by the former smartphone maker. Reuters reports: The lawsuit said Twitter wrongly sought to compensate for being a "relative latecomer" to mobile messaging by co-opting Blackberry's inventions for such services as the main Twitter application and Twitter Ads, infringing six of the company's patents. Twitter "succeeded in diverting consumers away from BlackBerry's products and services" and toward its own by misappropriating features that made BlackBerry "a critical and commercial success in the first place," the complaint said.

The lawsuit resembles patent infringement cases that BlackBerry filed there last March and April against Facebook and Snap. Last August, U.S. District Judge George Wu allowed BlackBerry to pursue most of its infringement claims in those lawsuits, which according to court records remain pending. Wu may be assigned the case against San Francisco-based Twitter because federal courts often assign cases deemed "related" to a single judge. The Facebook and Snap lawsuits were deemed related.

Science

Did A US Navy Scientist Just Invent A Room-Temperature Superconductor? (phys.org) 212

"A scientist working for the U.S. Navy has filed for a patent on a room-temperature superconductor, representing a potential paradigm shift in energy transmission and computer systems," reports Phys.org: Salvatore Cezar Pais is listed as the inventor on the Navy's patent application made public by the U.S. Patent and Trademark Office on Thursday. The application claims that a room-temperature superconductor can be built using a wire with an insulator core and an aluminum PZT (lead zirconate titanate) coating deposited by vacuum evaporation with a thickness of the London penetration depth and polarized after deposition.

An electromagnetic coil is circumferentially positioned around the coating such that when the coil is activated with a pulsed current, a non-linear vibration is induced, enabling room temperature superconductivity. "This concept enables the transmission of electrical power without any losses and exhibits optimal thermal management (no heat dissipation)," according to the patent document, "which leads to the design and development of novel energy generation and harvesting devices with enormous benefits to civilization."

Long-time Slashdot reader resistant writes: NextBigFuture says the same individual appears to have made other startling claims that arguably stretch the boundaries of belief, such as a "high-frequency gravitational wave generator" that could supposedly drive a spaceship without conventional propellants as well as an "inertial mass reduction device." Prudence would appear to dictate examining these and other claims by Mr. Salvatore Cezar Pais with great caution.
Network

President Trump Wants US To Win 5G Through Real Competition (bbc.com) 129

hackingbear writes: In a tweet, President Trump said he wanted "5G, and even 6G, technology in the United States as soon as possible. I want the United States to win through competition, not by blocking out currently more advanced technologies. American companies must step up their efforts, or get left behind." While he did not specifically mention China's Huawei, many interpreted the comments as Mr Trump taking a softer stance on the firm. The U.S. has been pressuring allies to block out the Chinese telecom giant from their future 5G mobile networks, but the tactic meets considerable resistance. "Mr. President. I cannot agree with you more. Our company is always ready to help build the real 5G network in the U.S., through competition," Huawei President Ken Hu replied in a tweet, mocking Trump's frequent usages of the word "real." Huawei is the second biggest holder of 5G patents after Samsung and the top contributor to the 5G standard, and is setting its sight on 6G.
Patents

Apple To Close Retail Stores In the Patent Troll-Favored Eastern District of Texas (techcrunch.com) 54

An anonymous reader quotes a report from TechCrunch: Apple has confirmed its plans to close retail stores in the Eastern District of Texas -- a move that will allow the company to better protect itself from patent infringement lawsuits, according to Apple news sites 9to5Mac and MacRumors which broke the news of the stores' closures. Apple says that the impacted retail employees will be offered new jobs with the company as a result of these changes. The company will shut down its Apple Willow Bend store in Plano, Texas as well as its Apple Stonebriar store in Frisco, Texas, MacRumors reported, and Apple confirmed. These stores will permanently close up shop on Friday, April 12. Customers in the region will instead be served by a new Apple store located at the Galleria Dallas Shopping Mall, which is expected to open April 13. "The Eastern District of Texas had become a popular place for patent trolls to file their lawsuits, though a more recent Supreme Court ruling has attempted to crack down on the practice," the report adds. "The court ruled that patent holders could no longer choose where to file." One of the most infamous patent holding firms is VirnetX, which has won several big patent cases against Apple in recent years.

A spokesperson for Apple confirmed the stores' closures, but wouldn't comment on the company's reasoning: "We're making a major investment in our stores in Texas, including significant upgrades to NorthPark Center, Southlake and Knox Street. With a new Dallas store coming to the Dallas Galleria this April, we've made the decision to consolidate stores and close Apple Stonebriar and Apple Willow Bend. All employees from those stores will be offered positions at the new Dallas store or other Apple locations."
The Courts

Qualcomm Urges US Regulators To Reverse Course, Ban Some iPhones (reuters.com) 36

An anonymous reader quotes a report from Reuters: Qualcomm is urging U.S. trade regulators to reverse a judge's ruling and ban the import of some Apple iPhones in a long-running patent fight between the two companies. Qualcomm is seeking the ban in hopes of dealing Apple a blow before the two begin a major trial in mid-April in San Diego over Qualcomm's patent licensing practices. Qualcomm has sought to apply pressure to Apple with smaller legal challenges ahead of that trial and has won partial iPhone sales bans in China and Germany against Apple, forcing the iPhone maker to ship only phones with Qualcomm chips to some markets. Any possible ban on iPhone imports to the United States could be short-lived because Apple last week for the first time disclosed that it has found a software fix to avoid infringing on one of Qualcomm's patents. Apple asked regulators to give it as much as six months to prove that the fix works.

Qualcomm brought a case against Apple at the U.S. International Trade Commission in 2017 alleging that some iPhones violated Qualcomm patents to help smart phones run well without draining their batteries. Qualcomm asked for an import ban on some older iPhone models containing Intel chips. In September, Thomas Pender, an administrative law judge at the ITC, found that Apple violated one of the patents in the case but declined to issue a ban. Pender reasoned that imposing a ban on Intel-chipped iPhones would hand Qualcomm an effective monopoly on the U.S. market for modem chips, which connect smart phones to wireless data networks. Pender's ruling said that preserving competition in the modem chip market was in the public interest as speedier 5G networks come online in the next few years.

Patents

Return To Sender: High Court To Hear Undeliverable Mail Case (washingtonpost.com) 141

New submitter bluekloud shares a report: Mitch Hungerpiller thought he had a first-class solution for mail that gets returned as undeliverable, a common problem for businesses that send lots of letters. But the process he helped develop and built his small Alabama technology company around has resulted in a more than decade-long fight with the U.S. Postal Service, which says his solution shouldn't have been patentable. The David vs. Goliath dispute has now arrived at the Supreme Court. On Tuesday, the justices will hear Hungerpiller's case, which involves parsing the meaning of a 2011 patent law.

"All I want is a fair shake," said Hungerpiller, who lives in Birmingham and is a father of three. Hungerpiller, 56, started thinking seriously about returned mail in 1999 when he was doing computer consulting work. While visiting clients he kept seeing huge trays of returned mail. He read that every year, billions pieces of mail are returned as undeliverable, costing companies and the Postal Service time and money. So he decided to try to solve the problem. He developed a system that uses barcodes, scanning equipment and computer databases to process returned mail almost entirely automatically. His clients, from financial services companies to marketing companies, generally direct their returned mail to Hungerpiller's company, Return Mail Inc., for processing. Clients can get information about whether the mail was actually correctly addressed and whether there's a more current address.

AI

US, China Take the Lead in Race For AI: UN (reuters.com) 78

China and the United States are ahead of the global competition to dominate artificial intelligence (AI), according to a study by the U.N. World Intellectual Property Organization (WIPO) published on Thursday. From a report: The study found U.S. tech giant IBM had by far the biggest AI patent portfolio, with 8,920 patents, ahead of Microsoft with 5,930 and a group of mainly Japanese tech conglomerates. China accounted for 17 of the top 20 academic institutions involved in patenting AI and was particularly strong in the fast growing area of "deep learning" - a machine-learning technique that includes speech recognition systems.

"The U.S. and China obviously have stolen a lead. They're out in front in this area, in terms of numbers of applications, and in scientific publications," WIPO Director-General Francis Gurry told a news conference. U.S. President Donald Trump has accused China of stealing American innovations and technology and has slapped trade tariffs on $234 billion of Chinese goods to punish Beijing.

Power

World's Oldest Nobel Prize Winner Is Working On Light 'Concentrators' That May Give Everyone Clean, Cheap Energy (businessinsider.com) 156

A reader shares a report from Business Insider: Arthur Ashkin, the world's oldest Nobel Prize winner, [...] has turned the bottom floor of his house into a kind of laboratory where he's developing a solar-energy-harnessing device. Ashkin's new invention uses geometry to capture and funnel light. Essentially, it relies on reflective concentrator tubes that intensify solar reflections, which could make existing solar panels more efficient or perhaps even replace them altogether with something cheaper and simpler. The tubes are "dirt cheap," Ashkin says -- they cost just pennies to create -- which is why he thinks they "will save the world." He's even got his eye on a second Nobel Prize.

Ashkin's lifelong fascination with light has already saved countless lives. He shared the 2018 Nobel Prize in physics for his role in inventing a tiny object-levitating technology called optical tweezers, which is essentially a powerful laser beam that can "catch very small things," as Ashkin describes it. Optical tweezers can hold and stretch DNA, thereby helping us probe some of the biggest mysteries of life. [...] Ashkin has already filed the necessary patent paperwork (he holds at least 47 patents to date) for his new invention, but said he isn't ready to share photos of the concentrators with the public just yet. Soon, he hopes to publish his results in the journal Science.

Patents

US Patent Operations May Shut Down In Second Week of February (bloomberg.com) 81

An anonymous reader quotes a report from Bloomberg: The U.S. Patent and Trademark Office said it may have to cease patent operations in the second week of February if the partial government shutdown continues, though it has money for trademark work through mid-April. Any furlough of staff could mean significant delays in reviewing the tens of thousands of applications on inventions for things like telecommunications hardware and the next cutting-edge medical treatments. Now it takes on average 15.8 months before a patent applicant can expect a preliminary response from an examiner. More than 640,000 patent applications were filed in fiscal 2018.

The patent office, part of the Commerce Department, is funded entirely by user fees and gets no tax dollars, but it requires an appropriation from Congress to spend the money it collects. In fiscal 2018, it had a budget of $3.3 billion and has asked for $3.5 billion for fiscal 2019. The patent office sets aside authorized money in what's called an operating reserve to account for "temporary changes in our cash flow" and that's what it has been using to stay open since the partial shutdown began Dec. 22. At the end of the fiscal year on Sept. 30, it said it had 1.3 months of operating expenses for patent operations and 4.9 months of expenses for trademark operations.

Cellphones

Apple Wanted To Use Qualcomm Chips For Its 2018 iPhones, But Qualcomm Refused Because of Companies' Licensing Dispute (cnet.com) 144

Apple's operating chief said on Monday that Qualcomm refused to sell its 4G LTE processors to the company due to the companies' licensing dispute. According to CNET, that decision "had a ripple effect on how quickly Apple can make the shift to 5G." From the report: Qualcomm continues to provide Apple with chips for its older iPhones, including the iPhone 7 and 7 Plus, Apple COO Jeff Williams testified Monday during the US Federal Trade Commission's trial against Qualcomm. But it won't provide Apple with processors for the newest iPhones, designed since the two began fighting over patents, he said. And Williams believes the royalty rate Apple paid for using Qualcomm patents -- $7.50 per iPhone -- is too high.

The FTC has accused Qualcomm of operating a monopoly in wireless chips, forcing customers like Apple to work with it exclusively and charging excessive licensing fees for its technology. The FTC has said that Qualcomm forced Apple to pay licensing fees for its technology in exchange for using its chips in iPhones. The trial kicked off Jan. 4 in US District Court in San Jose, California. Testimony covers negotiations and events that occurred before March 2018 and can't encompass anything after that date.
Apple is expected to only use Intel chips in its next iPhones, something that will make Apple late to the market for 5G phones. "By the 2019 holiday season, every major Android vendor in the U.S. will have a 5G phone available," reports CNET. "But Intel's 5G modem isn't expected to hit phones until 2020."
Patents

Software Patents Poised To Make a Comeback Under New Patent Office Rules (arstechnica.com) 77

Ben Klemens writes via Ars Technica: A landmark 2014 ruling by the Supreme Court called into question the validity of many software patents. In the wake of that ruling, countless broad software patents became invalid, dealing a blow to litigation-happy patent trolls nationwide. But this week the US Patent and Trademark Office (USPTO) proposed new rules that would make it easier to patent software. If those rules take effect, it could take us back to the bad old days when it was easy to get broad software patents -- and to sue companies that accidentally infringe them.

The Federal Circuit Appeals Court is the nation's highest patent court below the Supreme Court, and it is notoriously patent friendly. Ever since the Supreme Court's 2014 ruling, known as Alice v. CLS Bank, the Federal Circuit has worked to blunt the ruling's impact. In a 2016 ruling called Enfish, the Federal Circuit ruling took a single sentence from the Supreme Court's 2014 ruling and used it as the legal foundation for approving more software patents. This legal theory, known as the "technical effects doctrine," holds that software that improves the functioning of a computer should be eligible for a patent. A version of this rule has long held sway in Europe, but it has only recently started to have an impact in U.S. law.

This week, the Patent Office published a new draft of the section on examining software and other potentially abstract ideas in its Manual of Patent Examination Procedure (MPEP). This is the official document that helps patent examiners understand and interpret relevant legal principles. The latest version, drawing on recent Federal Circuit rulings, includes far tighter restrictions on what may be excluded from patentability. This matters because there's significant evidence that the proliferation of software patents during the 1990s and 2000s had a detrimental impact on innovation -- precisely the opposite of how patents are supposed to work.

IBM

IBM Tops 2018 Patent List as AI and Quantum Computing Gain Prominence (fortune.com) 26

IBM earned a record 9,100 U.S. patents in 2018, marking the 26th year in a row the Armonk, New York-based company has been the top recipient. From a report: Samsung was second with 5,850 patents while tech giants Apple and Microsoft also appeared in the top ten, according to a list compiled by research service IFI Claims. IBM's latest patent haul, which topped the 9,043 it received last year, includes a growing number of inventions related to artificial intelligence and quantum computing, which many people see as critical technologies of the future.
Iphone

Apple To Pull Some iPhones From German Stores After Qualcomm Enforces Ban (reuters.com) 23

Qualcomm is enforcing a court order banning the sale of some iPhones in Germany that violate its patents on power-saving technology. As a result, Apple is likely going to pull some iPhone models from its German stores. Reuters reports: The chipmaker posted the [security] bonds of 1.34 billion euros ($1.52 billion) as part of a legal requirement by a German court, which found on Dec. 20 that Apple had infringed Qualcomm patents on power-saving technology used in smartphones. The iPhone maker had earlier said it would pull iPhone 7 and 8 models from its 15 stores in Germany when the order came into force. The order took effect when Qualcomm posted the bond. According to the court order, Apple has to stop the sale, offer for sale and importation for sale of all infringing iPhones in Germany. Apple had said it was appealing the decision. The court also ordered Apple to recall the affected iPhones from third-party resellers in Germany, according to a statement by Qualcomm.
Patents

Apple Receives a New Patent For 'Smart Fabric' (dwell.com) 52

MikeChino writes: Is Apple branching out into clever clothing? On January 1, 2019, the tech giant was awarded an original design patent for "Fabric." First filed for in September 2016, the "Fabric" patent shows a swatch of a ridged material in gray, dark gray, and white to represent contrasting appearances. Apple has filed for several patents in the last few years related to combining technology with fabric, but this is the first glimpse we've had at what that fabric might look like. The "smart" fabric could sense environmental changes, warn the wearer of various events, and/or respond to pressure and touch.

As Dwell notes, "Apple's other fabric-related patents have involved a jacket that sends tactile or audible signals to visually and hearing impaired users -- so they can walk around without a cane or guide dog -- and a force-sensing fabric with interwoven circuits that could be used in a glove to track a wearer's vital signs and control devices wirelessly."
Businesses

Can You Really Sue Fortnite For 'Stealing' Your Dance Moves? (theguardian.com) 141

The creator of the year's biggest game is facing a slew of lawsuits over its alleged use of famous dance moves. But will courts tap to the same tune? From a report: Fresh Prince of Bel-Air star Alfonso Ribeiro alleges that Fornite used his Carlton Dance, devised for a memorable episode of the hit US sitcom, without permission or credit. And earlier this week, Russell Horning, AKA the Backpack Kid, launched his own lawsuit claiming Epic breached copyright laws for including his signature dance move "The Floss." So while the copyright disco fills up and solicitors perform their (wallet) stretching exercises, the big question is: can you realistically copyright a dance move? The answer is yes. Kind of. It's complicated.

"A dance can be protected under copyright law in England under the protection afforded to literary, dramatic or musical works (section 3 (2) of the Copyright, Design and Patents Act)," says Alex Tutty of specialist entertainment law firm Sheridans. "But copyright can subsist in it only when it is recorded in writing or otherwise. It doesn't just exist because you did the dance; it needs to be written down or filmed" This is handy for the Fortnite complainants, because there is video evidence of all of them performing their respective moves. However, it's not quite that easy. "There are all kinds of complexities in practice," says entertainment and tech industry lawyer, Jas Purewal of Purewal & Partners. "For example, who owns the dance -- the original creator, the dancers or the choreographer? How can they prove they actually created something new? How can they show that someone else actually infringed their dance and didn't independently come up with it? The law is pretty archaic, too. It's just not been an area that has had a lot of attention."

Cellphones

Apple To Pull Some iPhones In Germany Following Ruling In Qualcomm Patent Case (cnbc.com) 18

"Qualcomm was granted a second injunction against Apple on Thursday, banning it from selling some iPhone models in Germany that use chips from Intel and parts from another supplier, Qorvo," reports CNBC. This is the second major win for Qualcomm against Apple after a Chinese court granted an injunction against Apple for an alleged patent violation on Dec. 10." From the report: In a statement, Apple said it plans to appeal the ruling. Under this condition, Judge Matthias Zigann told the court earlier Thursday, the ruling would not go into immediate effect. However, Apple said that throughout the appeal process, iPhone 7 and iPhone 8 models will not be sold in its 15 retail stores in Germany. Its newest models, iPhone XS, iPhone XS Max and iPhone XR, will still be sold in those stores, Apple said in the statement. All iPhone models will still be sold through carriers and other third-party retailers in Germany, Apple said. But Qualcomm said in a press release that the injunction will be in effect as soon as it posts the required bonds. It said it would complete the process "within a few days."
Intel

Intel Attacks Qualcomm for Allegedly Stifling Competition (tomshardware.com) 40

In an official statement Thursday, Intel called out Qualcomm for allegedly continuing to pursue its use of patent lawsuits and threatening lawsuits against its own customers and competitors even as multiple antitrust agencies have found Qualcomm to be violating competition laws with these tactics. From a report: The statement from Steven Rodgers, Intel EVP and general counsel, said that despite Qualcomm being fined by multiple governments around the world over its abuse of patents against other companies, the company continues the same aggressive legal strategy against its partners and competitors. This, Intel said, will only lead to higher prices for consumers and less innovation.

According to Intel, Qualcomm's goal is not to vindicate its IP rights, but to drive competition out of the market completely. Intel pointed out that Qualcomm has been fined almost a billion dollars in China, $850 million in Korea, $1.2 billion in the European Union and $773 million in Taiwan over the company's anti-competitive practices. Intel also encouraged everyone to pay attention to FTC's lawsuit against Qualcomm in the United States. The FTC will begin its opening arguments in court on January 4. Intel, who is a competitor of Qualcomm in the wireless modem space, said that it hopes the actions taken by global authorities against Qualcomm will preserve competition in the 5G market.

Slashdot Top Deals