July 16, 2012, by Mandour & Associates, APC

Los Angeles – Qualcomm owns thousands of patents and has dozens more in development to add to its significant patent portfolio. Additionally, as a leader in mobile technologies and chip manufacturing, Qualcomm has long captured a significant market share by ensuring that its products are embedded in the top computers, phones and other hand-held devices.

However, its mobile technologies have become more and more important in its company growth plan. Mobile technologies account for 90% of Qualcomm’s patent licensing revenues and a large chunk of the company’s revenue on the whole. Moreover, Qualcomm’s patents are becoming increasingly significant as the use of 3G and 4G networks proliferate. Consequently, the San Diego based communications specialist and chip manufacturer recently determined that its current business structure did not adequately support the desired direction of its development and sales. As such, Qualcomm announced that it has plans to restructure its business operations. That reorganization includes the addition of new units to handle its chip business, effectively separating that part of its business from its key mobile communications and other intellectual property.

This is not to say that Qualcomm’s chip development is not also an integral part of its business. Apple is one of Qualcomm’s biggest customers using Qualcomm’s baseband chips in its tremendously popular iPhones and iPads. Additionally, the Snapdragon chip for smart phones and tablets is being used in Google’s Android and future laptops supporting Microsoft’s Windows RT Operating Systems. Qualcomm is highly motivated to continue its growth in the chip manufacturing field, thus the separation of its critical portions of business are expected to yield positive results almost immediately. To that end, Qualcomm expects that it’s reshuffling of business operations will allow products and services to be delivered more quickly and efficiently.

The tech behemoth also anticipates that separation of its open-source contributions from its 3G/4G patents will allow for greater efforts to increase market shares in both areas. Qualcomm is one of the more prolific and aggressive patent licensing companies with a significant patent portfolio. However, the nature of its internal organization did not allow for as much development in open-source software as many other top companies in the industry. It is anticipated that the recent reorganization will allow for greater contributions to open-source communities, as well as concurrent patent development. Patents are not necessary for contribution, but the restructure will now allow Qualcomm to compete with IBM and other significant open-source contributors without weakening the company’s market share.

July 6, 2012, by Mandour & Associates, APC

Los Angeles – Almost everyone knows someone who has accidentally dropped their phone in water and then been forced to deal with the unhappy repercussions. Most people first attempt to dry out the device before resorting to customer service just purchasing a new phone.

With an eye toward this problem, Apple announced this week that it has received a patent for its liquid contact indicator technology. Patent 8,210,032 was awarded for Apple’s technology that can quickly determine whether or not a device has been submerged in liquid. The tiny electronic device, intended for use by customer service representatives, is placed inside the product and provides a visual indicator when a product is dropped into water or any other liquid. The liquid indicator technology included in Apple’s new patent is particularly helpful because water damage is one of the top reasons for product malfunction. Because it is sometimes difficult to determine the exact reason for product malfunction by a simple physical examination or a quick phone call, verification of water exposure is an essential troubleshooting feature. The instantaneous verification of a blinking red light can assist customer service representatives to quickly ascertain the exact nature of the problem, provide more efficient trouble-shooting and help in warranty claim assessment.

Despite the fact that the patent for its water detection device was filed in 2010 and awarded only recently, Apple has included some form of the technology in products since the inception of the iPhone. The water detection technology is particularly important because Apple’s iPhone warranty specifically excludes water damage. Apple’s iPhones currently have a small button that shows red when a device is dropped in water, thus giving customer service representatives the instant ability to ascertain specific details about product malfunction. Consequently, by instantly eliminating the warranty claims of any consumer who has dropped their device in water, the company can save thousands of dollars in insurance claims and countless hours of wasted customer service representative troubleshooting.

June 27, 2012, by Mandour & Associates, APC

Los Angeles – Interphase announced today that it has been awarded a patent for an interactive display system that has been in development for the last year. The patent for Penvue (patent #8,217,997) covers technology that is invisible to the human eye, but visible to the product’s pen in a display stream. The science behind Penveu was designed to maximize interactivity and collaboration in classrooms and boardrooms. The product and its newly patented technology works with currently installed projectors and large screen displays. In sum, the product enhances installed projectors and larger screen displays and easily makes any flat surface into an interactive display system.

Interphase developed the product after noticing that current interactive whiteboard systems were unable to provide sufficient collaboration between the person using it and their audiences. Penveu technology counteracts this problem with visual clarity to a single pixel and is pinpoint accurate. The new product is so advanced that it utilizes the most up-to-date satellite and military navigation technology. Interphase’s newest product is compatible with any computer connected to a projector, large screen display or television using a VGA connector. Interphase markets the product as portable and compact enough to fit into a pocket. Interphase has four additional patents in process for the Penveu handheld device.

Headquartered in Plano Texas, with manufacturing facilities in Carrollton, Texas, Interphase offers best in class solutions for enterprise and education technology markets. Its products are designed to assist users with connectivity, interworking, packet processing, electronic contract manufacturing and electronic engineering design services. Interphase also designs a multitude of services including desktop visualization and embedded computer vision technology solutions. Its latest product Penveu, is just one in a portfolio of products that were designed to assist its users to best utilize learning and presentation technology. Interphase anticipates that its newest product will pave the way for a whole line of products that it currently produces, as well as a number of high-tech business solutions already in development.

June 20, 2012, by Mandour & Associates, APC

Los Angeles – With the search for healthcare affecting the lives of millions of people, healthcare search technology is becoming increasingly important. To date, High Roads healthcare benchmarking technology already touches the lives of over forty million consumers. To further assist these consumers in finding the perfect provider of healthcare services, High Roads announced yesterday that it has been granted a patent for The Lab, its real-time, healthcare management and benefits benchmarking database.

Continuously updated all year long, The Lab contains information for over 12,000 medical plans, as well as cost comparison and analysis for each plan. The newly patented technology is a valuable tool for assisting organizations in comparing plans and determine which might be the best match for its individual employees. High Road’s newest methodology also allows human resource departments to develop new benefits and design strategies to better fit the wants and needs of company employees.

High Roads developed its newly patented technology in response to its observations of the struggles within the human resource departments of many organizations. It noticed that many companies were unnecessarily spending time and resources doing all of the things that The Lab was created for. Once they purchase the rights to use The Lab, companies can access a huge database, compare plans, and analyze parts of each potential healthcare plan. Additionally, plans can be compared against other companies by company size, employee type, industry or geography. Reports are then generated in excel, pdf or html formats to assist companies in making its ultimate decision on which plan to pick. The Lab also provides industry-wide reports, which are published regularly, as well as trend reports to assist industry experts in compiling healthcare information.

High Roads is a privately owned company that specializes in adaptive, collaborative and agile software development and computer services. Located in Woburn, Massachusetts, High Roads technology is currently used by employers to gain maximum benefits over healthcare compliance and costs. In business since 1999, its mission has been to provide the best technology possible to help companies and individuals find the best healthcare possible.

June 14, 2012, by Mandour & Associates, APC

Los Angeles – A patent was issued last week to economics professor Joseph Henry Vogel for a system and method for controlling use of academic texts. Patent 8,195,571 outlines a methodology whereby students would be required to participate in a web-based online discussion board, which would count toward their final course grade. The code to gain access to the discussion board would be obtained when the students purchase the associated textbooks. Students who do not buy the textbooks get a lower grade. Second-hand purchase of books would be allowed, but students would still have to purchase a discounted access code. This would allow publishers to charge multiple times for a single textbook and ensure that all profits go directly to publishers and authors, instead of secondary sources.

Currently there are hundreds of websites that allow students to share, sell or copy school materials, at little or no cost. Frustrated and monetarily challenged students have historically been forced to spend hundreds of dollars per course for textbooks. Even worse, books are reissued and reprinted so frequently that often they cannot be resold or reused. To combat this problem, some professors are turning a blind eye toward photocopied materials, and some even provide online textbooks from open sources.

However, Professor Vogel insists that the academic community should move in the opposite direction. Vogel claims that this new patent will help prevent copyright infringement and piracy, which have gradually crippled the publishing industry. Illegal copying and piracy of academic materials has hurt academic communities who need publishing opportunities and royalties to survive. Without changes, academic communities would receive less money from publishers and have fewer opportunities to get published. According to Professor Vogel, his technology is not exclusively intended to prevent students from sharing textbooks or purchasing pirated school materials online. It would also allow academic communities to take back control of their published materials and help correct the existing industry problems.

Students may not be thrilled with the prospect of being forced to purchase textbooks exclusively from publishers, but publishers are thrilled with the idea of better controls for academic materials. Publishers in the U.S. and U.K., including the Association of American Publishers, have already expressed interest. Vogel anticipates industry-wide support of his newly patented technology and believes it will change the face of academic publishing.

June 11, 2012, by Mandour & Associates, APC

Los Angeles – In April, Google released its free storage component referred to as Google Drive or “GDrive”, to the public. The GDrive offers Google account holders access to store up to 5GB on its ‘cloud’. By storing software on a cloud, a Google user is able to access their stored items through multiple machines or other services provided online. However, in a lawsuit filed this week SuperSpeed, a small company based out of Massachusetts, claims that the newly released Google Drive infringes on its existing patent. The allegedly infringing U.S. Patent Number 5,918,244 in question was issued in 1999 and is described as a “method and system for coherently caching I/O devices across a network.”

In documentation for the ’244 patent the functionality of the cache is described as “regularly accessed disk I/O data within RAM that forms part of a computer system’s main memory. The cache operates across a network of computers systems, maintaining cache coherency for the disk I/O devices that are shared by the multiple computer systems within that network.”

Google, the world’s largest search engine, is currently involved in multiple intellectual property related lawsuits and has yet to comment on SuperSpeeds’ allegations. In the lawsuit, SuperSpeed claims, “In this configuration, multiple computers can all communicate with each other and can all access data from the same data storage device or devices, such as hard disks. For example, a bank might have hundreds of computers as part of its network, some for employees handling customer service calls, others for employees running credit checks for loan applications, and so forth. Each of these computers needs access to the bank’s customer’s credit card records, which are stored on a series of hard disks.”

In 1999, the ’244 patent was originally issued to EEC which was purchased by SuperSpeed in the same year. In the “News” portion of its website, SuperSpeed has made note of a patent infringement lawsuit that the company won against Oracle. We will all have to wait and see if SuperSpeed comes out with a win against Google similar to the David and Goliath lawsuit it mentions on its website. SuperSpeed is seeking an injunction against Google for the infringing services as well as royalties.

June 6, 2012, by Mandour & Associates, APC

Los Angeles – Cisco Systems filed a lawsuit in federal court against digital video recording company TiVo last week. The basis of the lawsuit is infringement of the technology used for digital video recorders, or DVRs.

TiVo, famous for its devices that can record and play back television programs, has launched multiple lawsuits of its own over technology that it claims was copied from TiVo patents. Cisco Systems, a California based company, is seeking a court order stating that it has not infringed on TiVo’s patents. The court order is intended to stop the barrage of lawsuits against Cisco customers. Cisco conceded that it had considered licensing some of TiVo’s technology at one point. To that end, the two companies discussed a license for TiVo technology. However, TiVo indicated that that it would not license its technology because such a license would interfere with its ongoing patent lawsuits against Cisco customers. To protect itself against further litigation and to settle the existing lawsuits, Cisco is seeking confirmation in federal court that its technology is original, based on its own patents, and does not infringe on TiVo’s products.

Cisco Systems is located in San Jose, California and specializes primarily in computer networking equipment. Founded in 1984 by two Stanford University employees who had difficulties communicating by email, Cisco has since transformed how people connect, communicate and collaborate. With a product offering that spans from large business technology to individual consumer equipment, Cisco has captured a large market share of the computer networking market. Cisco products include networking services and equipment, video and business conferencing solutions, set-top video recording systems and numerous small business technologies.

TiVo was founded in 1997 with what it describes as the world’s first digital video recorder. With corporate headquarters in Alviso, California, TiVo is the established leader in set-top video recording equipment. TiVo has revolutionized the way consumers watch and access home entertainment, making the DVR the focal point of the digital living room. The resulting product is a center for sharing and experiencing television, movies, video downloads, music, photos, and more.

May 30, 2012, by Mandour & Associates, APC

Los Angeles – Last week, three ex parte requests were filed with the United States Patent and Trademark Office (USPTO) challenging patents held by tech giants Apple and Facebook. One of the challenges concerned Apple’s Patent for touchscreen interfacing (patent number 7,479,949). A second challenge against Apple was related to the document presentation on a touchscreen display (patent number 7,469,381). The challenge against Facebook was in regard to a dynamic news feed about users of social networks (patent number 7,669,123). The parties filing all three challenges are unknown at this point.

Some have speculated that Yahoo is involved in the challenge for the Facebook patent because of a counter suit filed by Facebook against Yahoo in March 2012. Patent 7,479,949 was recently involved in ongoing litigation between Motorola and Apple. The second Apple patent is involved in the Apple versus Samsung lawsuit which is still in process. However, due to their absorption of Motorola and pending litigation, many people believe that Google is the third party filing both Apple challenges. The same Apple patents have been challenged in the past, when they were most likely requested by Nokia.

An ex parte reexamination can be requested when a third party has evidence or examples of previous use of a patented invention. The holder of the challenged patent has 30 days to respond to any action for reexamination filed with the USPTO. Unless the delay was unintentional or unavoidable, the patent is automatically invalidated if the holder fails to respond to the challenge in a timely manner. There are many potential reasons for a patent challenge, but many times patent holders request a reexamination to confirm the validity of their own patent. This self-ordered reexamination may seem strange, but it is often used as a strategic method in anticipation of an upcoming lawsuit. Alternatively, the USPTO can decide to issue an ex parte challenge independent of a third party filer.

May 16, 2012, by Mandour & Associates, APC

Los Angeles – In a partnership with Talk About Curing Autism (TACA), Los Angeles-based GTX Corp. has been granted a utility patent that will focus on GPS tracking location based solutions aimed at aiding families living with autism. TACA is a non-profit organization which provides valuable information and resources to parents whose children have been diagnosed with autism.

As the leader in customizable, two-way GPS tracking technology, GTX will be bolstering its growing intellectual property platform that includes 11 issued patents and 5 pending patents. Its new patent titled “System and Method for Communication with a Tracking Device” covers many vital communications with its processes that are currently being used everyday by the company’s licensed partners and consumers, which will give GTX increased market share in the growing $13 billion location based services industry.

“With our award winning multi-patented GPS Smart Shoe and patent-pending Alertag, we have been at the forefront of connective health for years, providing new levels of functional oversight, security and peace of mind to a variety of audiences and needs,” stated Patrick Bertagna, CEO of GTX Corp. “We look forward to developing and bringing to market new, innovative products that both satisfy the ever-increasing consumer demand for location based solutions and that will help support the families challenged with a special needs child.”

The patent has thirty claims, including two independent claims. One of the independent claims involves a tracking device with remotely configurable settings and the other independent claim relates to a method of communicating configuration data to a tracking device. This patented technology will provide extra safety and security to individuals afflicted with autism. Recent research has shown that forty-eight percent of autistic children wander from their homes, making them more prone to injury, death, and other safety issues.

The technological innovation covered by the new patent, along with the partnership between GTX and TACA, will enhance the level of healthcare and safety that is becoming integrated into our phones, homes, and even our clothing with the convergence of digital and medical tracking technologies.

In addition to providing technology to keep developmentally disabled children safe, GTX Corp. also develops miniaturized GPS tracking technology for a wide variety of consumer branded products. Founded in 2002, the company is well-known for its patented GPS shoe, a smart shoe that includes a smartphone GPS tracking feature.

Los Angeles – In a surprising twist from an ongoing patent infringement dispute between Microsoft and Barnes & Noble, the two companies have agreed to a new partnership with one another to focus on e-reading and the education market.

The new subsidiary yet to be named will include Barnes & Noble’s digital and college businesses. Microsoft’s Windows 8 program will be included in a Nook e-reading application to be created by the subsidiary.

The largest book retailer in the United States will reportedly own the lion’s share of the subsidiary, with an 82.4 percent stake, while Microsoft will make an initial investment of $300 million at a post-money valuation of $1.7 billion in exchange for a 17.6 percent equity share. The subsidiary will apparently have an ongoing relationship with Barnes & Noble’s retail bookstores, however it is not clear how much of a role the stores will have in promoting it, considering that the subsidiary’s goal is to accelerate the transition from tangible books and publications to e-reading.

The inclusion of its college division in the new subsidiary is said to be a very crucial component of the strategic vision of the partnership. Under the venture, Barnes & Noble’s Nook Study software will offer college students and educators an outstanding technology platform for the distribution and management of digital education materials. The goal of the subsidiary is to revolutionize the way people consume, create, and share digital information.

Back in March 2011, Microsoft sued Barnes & Noble, Foxconn and Inventec (the companies that manufacture the Nook), claiming that the Android-based device infringed several Microsoft patents. Barnes & Noble responded to the patent infringement complaint by counter-suing with the U.S. International Trade Commission.

Neither company has offered much information relating to the settlement details. In the past, Barnes & Noble has been quite stubborn when it comes to paying Microsoft royalties for the patents it allegedly infringed, however it was confirmed that the bookseller will be paying the software giant royalties for every Nook sold as a result of the subsidiary.

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