Case #2: Waze and Google Intellectual Property Lawsuit

Case Overview:

Waze, the popular real-time traffic GPS provider owned by Google, is facing a lawsuit regarding two patents owned by an Israeli company, Makor Issues & Rights Ltd who is taking issue with two of its patents "covering traffic monitoring technology enabling drivers to avoid traffic jams". Makor has owned these patents from the 2000s and claim "'past and ongoing direct infringement'". Damages have yet to be specified for this case. 




Case Specifics:

In terms of the specific patents involved, the two revolve around "Real time vehicale guidance" and Google has yet to comment regarding this case. The law firms involved included Bayard PA and Lewis Baach at this time. Makor believes that Waze is infringing "By allowing drivers to select and alter routes and apps' continuous collecting and updating of various traffic data" -- which they believe they hold the rights to. 


Google's Current Patent Woes:

Google is facing multiple patent suits at this time, with "long-running litigation with Oracle" regarding Java code as well as winning a case with "Priceplay.com". It will be interesting to see if Google decides to settle or take this case to trial, and since no damages have been specified at this time, Google may be waiting to comment until further informiation is provided. 

Patents in question: 

• 6,480,783 - Real time vehicle guidance and forecasting system under traffic jam conditions
• 6,615,130 - Real time vehicle guidance and traffic forecasting system

Source:

• http://www.law360.com/ip/articles/761840?nl_pk=688afd99-43da-41e2-baf9-0f852e028cd1&utm_source=newsletter&utm_medium=email&utm_campaign=ip

Patent Case #1: Booking.com Trademark Attempt

Case Overview:

Booking.com, an online travel booking platform owned by Priceline.com attempted to trademark their website name "Booking.com". Their request was rejected at The Trademark Trial and Appeal Board who cited that "the site's name was generic" and did not approve Booking.com's request. This case highlights the debate between where to draw the line between generic and proprietary and in this case, the board sided against the travel agency.



Case Specifics:

Booking.com, represented by the law firm Foley & Lardner LLP, ruled on the matter and provided the fact that "consumers would not read 'any ambiguity or dual meaning in the term' and that 'Booking.com' would be 'obviously and immediately understood" for booking purposes as a rationale. Furthermore, the judge found that Booking.com only pertains to the act of booking travel services, and not a wide array of other bookings or "an entire genus of services". 

Appeals and Negotiations: 

The court, anticipating or perhaps expecting an appeal, also mentioned that "very strong evidence of acquired distinctiveness would be required to render the term registrable" and could not find "actual market recognition of Booking.com as a source indicator" of gaining users to the platform. This case was not a total loss for Booking.com, however, as their logo was allowed to be registered in this claim. 



Source:

• http://www.law360.com/ip/articles/761868?nl_pk=688afd99-43da-41e2-baf9-0f852e028cd1&utm_source=newsletter&utm_medium=email&utm_campaign=ip

VirnetX vs Apple: Deep Dive

Patent Infringement Details:

When looking at this case further, the dispute revolves around violations with virtual private networks on Apple's FaceTime software. VirnetX argued that this proprietary technology, "VPN on Demand" was used in many of Apple's software applications according to Bloomberg Business. Interestingly, VirnetX has no products of their own and has failed to bring their products to the market. This patent case was instrumental in causing investors to regain confidence in the firm. In terms of the 4 specific patents involved, it included:

• 6,502,135 - Agile network protocol for secure communications with assured system availability 
• 7,418,504 - Agile network protocol for secure communications using secure domain names 
• 7,490,151 - Establishment of a secure communication link based on a domain name service (DNS) request 
• 7,921,211 - Agile network protocol for secure communications using secure domain names

VirnetX Company Structure


A CNN article explained further that VirnetX "owns about 80 patents, including the four that were the basis of the Apple suit". Furthermore the company has "14 employees and rents office space for $5,000 a month" (CNN). The only source of revenue includes patent licensing agreements and lawsuits such as these.



Previous Case:

This case was thrown out in the past, as Apple "won on a technicality" due to the fact that "VirnetX failed to prove that consumers were buying iPads and other gadgets because of the software that violated VirnetX's patents" (CNN). It will be interesting to see whether this case will withstand the appeals process or if the trolls will prevail. Apple will have to be extra cautious going forward, as companies such as VirnetX seem to be cashing in on trolling opportunities.

Sources: 

1. http://www.bloomberg.com/news/articles/2016-02-03/virnetx-gets-625-6-million-in-patent-trial-against-apple
2. http://money.cnn.com/2016/02/04/technology/apple-patent-lawsuit-virnetx/
3. http://www.engadget.com/2016/02/03/apple-to-pay-virnetx-in-lawsuit/
4. https://www.law360.com/articles/757160/apple-can-t-jump-into-virnetx-patent-reviews-ptab-told

VirnetX vs Apple: High Level Overview

Case Overview:

In this case, VirnetX, a company of 14 employees which makes its revenue by licensing patents to other companies sued Apple, the multi-billion dollar corporation, for over $625 million for patent infringement. Specifically, they argue that iMessage and FaceTime violate patents which they own. It is surprising to note that VirnetX does not the sole owner or creator of these patents, in fact, the company bought the patents in question from Science Applications International Corporation. VirnetX has successfully trolled other major corporations in the past, including Microsoft.

Implications for Apple:

While Apple is a multi bilion dollar company, it still must waste valuable resources and deal with patent trolls such as VirnetX. It successfully appealed the last lawsuit filed by VirnetX and has plans to do so yet again. The company has also revised its code in the meantime so that it does not violate those patents in question in iMessage and FaceTime.

Implications for Patents:

While this case in particular may not affect Apple's business ventures in the long term, this decision sets a bad precedent for further cases in patent trolling. VirnetX's stock price doubled and this is seen as a big win for the trolls. The appeals process may change things--but in the meantime patents, which often encourage innovative ideas, are now being misused.

Sources:

1. http://www.bloomberg.com/news/articles/2016-02-03/virnetx-gets-625-6-million-in-patent-trial-against-apple
2. http://money.cnn.com/2016/02/04/technology/apple-patent-lawsuit-virnetx/
3. http://www.engadget.com/2016/02/03/apple-to-pay-virnetx-in-lawsuit/

The Most Important Invention: The Internet

In my opinion, the internet stands as an extremely significant invention due to the dramatic differences of life before and after it was commonplace. The extent to which we rely on the internet in the 21st century exemplifies its impact on our daily life.

In terms of industry changes, we are currently in the midst of dramatic shifts taking place in the music industry (as streaming sites take over traditional one song purchases), the commerce industry (leaders such as Amazon and Alibaba competing with traditional brick and mortar retailers), the film industry (Netflix and Hulu providing television and movies online), and even the taxi industry (ride sharing applications such as Uber and Lyft competing with long-standing taxi companies). While many of these inventions also require subsequent innovations in cloud computing, computing power, and the prevalence of smartphones, the internet stands as the fiber which connects all of these technologies and allows massive user bases to connect at once.

Another significant impact is that the internet has yet to reach its full potential in the educational space, and I believe this makes it even stronger as an influential innovation. Before the internet, tasks such as meeting with friends, buying a rare book,  or learning a new skill were much harder if not impossible. The way we learn, and how we learn are already improving due to online free learning websites such as Khan Academy and Coursera. As more and more individuals gain access to the internet, we will truly see the impact of its ability to connect and empower those that have access.


Thanks for the read --would appreciate your thoughts on any more industries/ways the internet has improved our lives!

Refined Top 10 Inventions

After speaking with my peers and participating in an engaging in-class discussion, I revised my top 10 invention list to more accurately reflect my opinions regarding the most important inventions in human history:

1. Internet: The internet significantly changed the virtually every aspect of our lives, with drastic improvements in communication, commerce, access to information, and media to name a few. The internet brought individuals closer together and connected billions through online access. The sharing economy and "on-demand" companies are changing the way we interact. 



2. Electricity management:  Managing electricity brought vast improvements in communication, commerce, and daily life. Lightbulbs were instrumental in improving individuals with a safer and more reliable way to light pathways and homes.

3. Automobiles: Automobiles allowed individuals to personally own vehicles which reduced travel times and provided improved access to areas without trains. This invention improved commerce and communication between cities.

4. Mathematics: Discovering and applying principles of mathematics has changed a variety of fields and helped individuals model behaviors and achieve new feats. As a student studying Environmental Economics and Policy, I am amazed by the ability to use math in biological modeling, economics, and climate change analysis. It is clear that mathematics has allowed for many of the inventions in this list to work properly, such as personal computers and the internet. 

5. Television: The television had a great impact on mass media, entertainment, journalism industries where individuals were able to see media in new ways. Television provided a new means to inform the public, and TV shows as well as news channels are now a main source of informing and entertaining the public.  

6. Sewage and Sanitation Systems: Sewage and sanitation systems created safer and healthier cities where citizens in major metropolitan areas would be able to achieve better quality of life. Proper sewage systems have environmental and health benefits which improve life spans and reduce the likelihood of disease. 


7. Personal Computers: Personal computers are instrumental in providing access to the internet, and allowing advancements in information storage, word processing, education, healthcare, data management and much more. Computers allow us to manipulate large data sets with ease and improved our quality of life by making us safer and more informed.

8. Airline flight: Airline flight brought a much more connected world, by allowing individuals to travel across the globe without the need of ships or automobiles. Travel times were dramatically reduced, and this invention had implications in commerce, communication, globalization, and improved our quality of life. Transcontinental travel became much easier and was brought to the masses. 


9. Vaccination: Vaccination has provided individuals with improvements in lifespan, quality of life, general health of citizens, and has drastically reduced the amount of deadly diseases. Without vaccinations, individuals would be affected by harmful viruses including smallpox and polio.

10. Camera: The camera has significantly changed our method of communication, the way we conduct business, and record important historical events. Cameras of modern times allow individuals to take high-quality images that can be used to learn and connect with others. With a camera, individuals are able to share educational knowledge and opinions as we are in this class. 

Thanks for the read! Siddharth (Sid) Moghe