by Kathleen Lynch | May 8, 2015 | Patent
Ericsson AB has sued Apple Inc. in three countries, according to statements from Ericsson. The lawsuits are based on patent infringement allegations stemming from failed licensing negotiations.
Ericsson has filed actions in Germany, the U.K. and the Netherlands and added to pending US actions. Erisson is looking for a patent license agreement and royalty payments for its patented mobile phone interface, battery and operating technologies.
Ericsson’s chief intellectual property officer, Kasim Alfalahi, stated that “everybody needs to take a license for the technologies we are providing to them” and “it’s a very serious thing, regardless of who the company is.”
Ericsson and Apple had a previous license agreement that expired in January 2015. The companies sued each other when renewal negotiations for a new license failed. Apple seeks a court ruling on whether Ericsson’s royalty rates for its technology were fair and reasonable.
An Apple spokeswoman declined to comment on the matter and referred to a January statement that the company’s “always been willing to pay a fair price to secure the rights,” and that legal action was needed to help strike an agreement with Ericsson.
Apple’s iPhone and iPad have been highly successful in recent years, but Ericsson was one of the early entrants in the mobile-device market. The company sold its mobile-phone business to Sony Corp. in February 2012, five years after Apple introduced the iPhone.
by Kathleen Lynch | Apr 16, 2015 | Patent
Boeing received an issued U.S. patent recently on a device that makes it easier for passengers to sleep on an airplane. The patent (U.S. 8,985,693) entitled, “Transport Vehicle Upright Sleep Support System”, consists of a backpack device that is removed and placed around the structure of a standard economy (cattle) class seat. The device is designed to enable a passenger to face plant themselves into a support cushion that will enable them to sleep essentially sitting up and leaning forward. The face support cushion has an opening around the face so that you don’t feel entirely smothered. The device also has sleeves to support the passenger’s arms.
The device is designed to be used on an existing standard coach class seat. You may be able to sleep better leaning forward than the traditional pose of reclining backward. According to the patent, when trying to sleep in a reclined position, there is a natural tendency to relax the body’s muscles and move into a more horizontal position which awakens the body.
Now, if they could only do something about the space in coach class…!
Capitalizing on innovative developments is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Apr 7, 2015 | Trade Secrets
As the mother of boys and an IP attorney, this story hit me in more ways than one. Four young men who were part of a computer hacking ring plead guilty to breaking into computer networks of technology companies and the U.S. Army and stealing more than $100 million in intellectual property and other data. One of the young men was 18 years old.
Allegations of the cyber theft included software and data related to the Xbox One gaming console and Xbox Live online gaming system; popular games such as “Call of Duty: Modern Warfare 3” and “Gears of War 3”; as well as software used to train military helicopter pilots.
The Assistant Attorney assigned to the case stated “the American economy is driven by innovation. But American innovation is only valuable when it can be protected. Today’s guilty pleas show that we will protect America’s intellectual property from hackers, whether they hack from here or from abroad.”
The ages of the other young men are 20, 22 and 28. The men were from the United States and Canada. The estimated value of the intellectual property and data that the defendants stole is between $100 million and $200 million. The United States has seized over $620,000 in cash and other proceeds related to the conduct.
So, don’t underestimate the value of your trade secrets or proprietary information. Do what you can to protect it. In addition, keep an eye on your kids!
Protecting proprietary information is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Mar 17, 2015 | 4ALL, Legal Aid, Pro Bono
I wanted to diverge from my usual IP topics this week to give a shout out to the men and women of the NC Bar. On Friday, March 6th, the NC Bar Association organized a statewide service day from 7 a.m. to 7 p.m. This was the 8th annual event in which attorneys from across the state answered phone calls from people needing legal advice who may otherwise be unable to obtain any due to cost. I put in my 3 hour shift and answered over 30 calls. The phones never stopped ringing.
Sadly, accordingly to the News & Observer*, over 80% of people in this state that need legal advice and cannot afford, cannot get access to it. There are too few legal aid attorneys or attorneys willing to donate their time pro bono to help those who need legal assistance but cannot afford it.
So for those attorneys and paralegals who helped out on the day-well done. For those who were unable to make it-be there next year, or put in some pro bono time this year. It is certainly needed.
*N&O Article by Gene Nichol, 10/26/2013.
by Kathleen Lynch | Mar 3, 2015 | Copyright
How far will you go to ensure good online reviews? One New York dentist went too far. Stacy Makhnevich, a New York dentist, is on the losing end of a class action law suit filed on behalf of her patients. The judge found that she had misused copyright law in an attempt to prevent the posting of any negative reviews on Yelp.
In her practice, Ms. Makhnevich forced patients to sign a contract in which she owned the copyright in any reviews they may write about her practice. She would subsequently threaten to sue any patient who may post a review online.
The judge found that the contracts were essentially a misuse of copyright law. The judge stated that “the agreement’s assignments of copyrights, and the assertion of copyright claims by the dentist for the express purpose of preventing the dissemination of [the patient’s] commentary, …constitute copyright misuse.” The court ruled in the patients’ favor. The full case is Lee v. Makhnevich et al., case no. 1:11-cv-08665, U.S. District Court for the Southern District of New York.
What’s the take away here? Don’t try to control things you cannot. If your business receives a negative review, deal with it specifically and try to ensure that it won’t be repeated. Trying to exploit the copyright laws won’t help your case.
Understanding the scope and limitations of intellectual property law is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
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