Sonos Enters Patent Infringement Dispute Against Google Over Smart Speaker Tech

Sonos Enters Patent Infringement Dispute Against Google Over Smart Speaker Tech

Smart speaker maker Sonos Inc. has recently filed a lawsuit against Google, claiming that the search giant has copied its patented home speaker technology.

California-based Sonos is in the business of making high-end home sound systems that users can control with their voice. Although the firm is famous for its quality indoor speakers, it also makes the related accessories, like amplifiers.

Through the Patent Infringement suits filed in the Log Angeles Federal District Court and with the U.S. International Trade Commission, the company is looking for financial damages and a sales ban on Google’s speakers, smartphones, and laptops, in the US market.

Sonos claimed that the features in the Google Home smart speakers infringed upon five of its patents, including technologies that enable their speakers to communicate and synchronize with each other wirelessly. The company further claimed that the scope of Intellectual Property (IP) infringement could be much bigger, potentially beyond the search giant.

Sonos, in a statement, said that Google had been blatantly and knowingly copying its patented technology in creating and selling the audio products under the search giant’s name. It then added that despite the repeated and extensive efforts made by its team over the last few years, Google hadn’t shown any willingness to work with it on a mutually beneficial solution.

Executives at Sonos told the New York Times that they provided Google with a list of around 100 patents found to be used unlawfully. They further told that Amazon’s Echo smart speakers are also believed to be violating a similar number of patents. Nevertheless, the company opted to limit the litigation to the lawsuit it is pursuing against Google because battling against both the tech giants at once would be a risk.

Both Google and Amazon, on their part, have strongly pushed back the Sonos’ accusations. Google said that they are disappointed with Sonos’ move where the smart speaker maker brought these lawsuits rather than continuing negotiations in good faith and that they would battle against these claims and defend them vigorously. On the other side, Amazon’s spokesperson said that the Echo family devices and their multi-room music technology were developed independently by Amazon.

It is predicted that the recently launched lawsuit against Google will only complicate Sonos’ tense partnership with the search giant and Amazon. Besides, in the big picture, the lawsuit may add fuel to the upsurging pressure tech giants are having from competitors. Sonos revealed that after it started asking for patent licensing feeds, Google added new technical caveats to their partnership. However, Congressional staff members discussed having Sonos Chief Executive Officer – Patrick Spence – testify on the matter before the House antitrust subcommittee. For more visit: https://www.trademarkmaldives.com

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Challenges to Solutions in Patenting IoT Technology

Challenges to Solutions in Patenting IoT Technology

The Internet of Things shortened as IoT refers to a network of computer-based gadgets, physical devices, appliances, and all the items that are deployed together with actuators, sensors, electronics, and software to enhance the collection, connection, and data exchange. As a platform that offers opportunities to connect and control different types of devices with big data technology, which in turn improves performance, promotes economic benefits and minimizes the need for human intervention, IoT is the most important achievement of the 21st century. Considering the path IoT covered so far, it is predicted that the continuously growing technology would bring remarkable changes in not just the way we work but also the way we live. Now, as everyone wants to make profits by implementing this modern technology, the market revolving around it is turning more competitive and vulnerable day-by-day. One of the most common concerns that this vast technology, having its applications in almost every area, including transportation, healthcare, etc., faces is issues in patent-related activities.

Patenting of IoT

Although the patent distribution in the IoT domain is very fragmented, the bulk of activities related to patent regularly takes place in this domain. For instance, several branded companies, like LG Electronics, Ericsson, and Qualcomm, along with various other firms, stay active in enhancing their patent portfolio. Moreover, if considered from the nations’ perspective, then multiple countries, including the US, Japan, China, Korea, India, etc., are experiencing a remarkable hike in the number of patent filings made by their residents in regards to IoT technology. With a large number of firms and nations investing highly in patenting IoT technology, it would not at all be wrong to infer that IoT is flourishing as a hotbed of inventions. Indeed, securing innovations associated with IoT under Patent Protection isn’t easy. Individuals or firms innovating and operating in the IoT domain often encounter several challenges that prevent them from patenting their IoT inventions appropriately.

Challenges in Patenting IoT and Solutions to Them

  1. Claim Scope

As IoT systems refer to multiple devices functioning together, there are many different approaches with which the specific invention can be claimed in a Patent Application, for example:

  • Device or gadgets claims that comprise the IoT components
  • Method claims that consider how the IoT device operates, functions, or communicates with each other
  • Software-styled claims that emphasize software-implemented procedures and methods used by the remote server to communicate with the IoT devices

Though available with lots of options yet the inventors often keep their patent applications limited to only one or two claims due to cost factors and complexities.

To get a solution to this challenge, you need to understand the patentability requirements, be aware of the cost for obtaining a patent, and be familiar with the proposition from the innovation. Moreover, find out the answers to some questions like what is the working model of your business, which part of your invention is novel, who can infringe your idea. It will help you in getting the most suitable claim type for your IoT invention deprived of investing in unwanted claims.

  1. Joint or Divided Infringement

IoT technology is interactive, and therefore, can be used at multiple different locations. Although beneficial, this feature turns the IoT devices more vulnerable to Patent Infringement as it allows multiple parties to violate the inventors’ patent rights. Furthermore, everyone who infringes on the IoT system can do so in two ways – he/she can use the entire IoT device or only its parts, i.e., components. In the case of divided infringement, people often confuse whether there is a liability if the infringement splits amongst multiple actors, parties, and devices. As per the Patent Law‘s rules, the violation liability is likely if the patent infringement involves the participation of various parties. It is also possible if a single defendant exercises ‘control of direction’ for the entire process in a manner that each step is attributable to the ruling party.

A solution in regards to this challenge can be obtained by drafting claims from the viewpoint of just one component existing in the IoT system. Nevertheless, due to continually changing trends and doubts regarding patent eligibility of inventions, it appears a bit difficult for the individuals or companies to draft such claims. If it is so, then you should claim only those components that are more susceptible to be operated or sold by others without your consent.

As mentioned above, IoT facilitates the world with numerous opportunities by allowing the easy and direct combination of the physical world with computer-based systems. It is the trendiest way to improve efficiency and economic benefits, along with reducing human involvement. And patenting IoT is the best way to extract more and more benefits from this technology while keeping your invention out of the reach of infringers. For more visit: https://www.trademarkmaldives.com

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Trademark Cease & Desist Letter: Important Things You Should Know

Trademark Cease & Desist Letter: Important Things You Should Know

Trademarks are one of the most efficient ways to build up and safeguard your brand’s reputation. As the Registered Trademarks enable consumers to determine the origin or source of products and services, they can also help you in expanding business by prohibiting the competitors from making profits on your name. Although trademarks provide clear directions that no one except the original owner of the mark can use it, Trademark Infringement is still a severe matter and needs to be addressed on the spot. Here, you will get information regarding the cease and desist letter, which may aid you to prevent others from using or cloning your trademark without paying unnecessary charges related to legitimate actions.

Cease and Desist Letter

A cease and desist letter in case of trademark infringement is a legal document issued by the original owner of the mark to a party infringing upon his/ her federally registered trademark. The letter asks the offending party to not just cease the act of violating the owner’s Intellectual Property (IP) but also compensate damages that took place due to the infringement. On determining that someone is infringing on your trademark, you can choose any of the two options; either try to resolve the matter outside the court by writing and sending a cease and desist letter or proceed directly by filing a trademark infringement lawsuit. Typically, sending a cease and desist letter to the infringer is the first step that many people put to end the infringement without including extra expense and time associated with going to court or taking other legitimate measures.

Another noticeable fact is that this letter isn’t limited to help you only if someone violates your trademark; instead, it is also helpful in cases like copyright or Patent Infringement.

Cease and Desist Letters Aren’t Legally Binding

As these letters only describe the ideas and requests of the sender, usually a trademark attorney or IP lawyer representing the trademark’s owner, they aren’t legally binding. Moreover, they don’t even provide indications regarding the court action, which could be the next step if the offending party neglects to respond to the sender as he/she expected.

Procedure to Write and Send Cease and Desist Letter In a Trademark Infringement Matter

To write a cease and desist letter, one needs to follow the following steps:

Determine the infringement: Firstly, check if someone is infringing your trademark or it is any other IP that he/she is using to make profits on your name. Trademark infringement takes place when the offender is advertising or selling his/ her products or services by using the same or similar name your products or services are having.

Do Searches: Collect more details about both – infringement and infringer. Make attempts and understand the offender’s intention, i.e., whether he/she is involved in the case accidentally or intentionally.

Consult to An IP Attorney: Though you can write and send the cease and desist letter yourself, yet proceeding under the supervision of an experienced attorney will be in your best interest. An adept lawyer can assist you in listing all the facts, demands, and claims in the letter clearly and understandably.      

Note that by creating and sending a precise cease and desist letter, you can:

Indeed this letter can be written and sent at any time but doing so as soon as you notice infringement would provide the best outcomes. It will not just prohibit the offender from continuing the unlawful act of infringement but also help you in enforcing your ownership rights. Nonetheless, to make the offender respond as you want by reinforcing your part, it is imperative to familiarize him/ her with all the details of your trademark. Your brand’s name or logo, the date on which you filed a Trademark Application, the day when you determined that someone is unlawfully cloning or using your registered trademark are some vital details you need to include in the letter. Including all the evidence reflecting infringement can strengthen your case. Ultimately, don’t forget to incorporate the section showcasing what the infringer can or should do to resolve the conflict.

Conclusion:

Hopefully, you have got a clear insight into the fact that cease and desist letter is one of the best ways to prohibit the offending party from continuing to make profits on your name without getting involved in legal actions. So if any individual or company is using your trademark without seeking your consent, the matter needs to be resolved by sending a polite letter. While a stern demand with a deadline to cease copying or using your mark can be useful, a formal letter can also result in a favorable resolution of the infringement concern. Now, after going through this article, you can undoubtedly write a cease and desist letter on your own, but doing so with the help of either any IP attorney or Trademark Law Firm is still advisable. Experienced IP lawyers and Intellectual Property Law Firms have a deep understanding and knowledge of these areas and can benefit you with a more compelling case on your side. For more visit: https://www.trademarkmaldives.com

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EagleView Wins Intellectual Property Lawsuit

EagleView Wins Intellectual Property Lawsuit

EagleView, a technology provider of aerial imagery, geographic information system, and data analytics solutions, recently announced a significant legal decision revealing that Verisk Analytics, Inc. and Xactware Solutions, Inc., willfully infringed EagleView’s Intellectual Property (IP) and technological innovations.

26th September 2019’s jury verdict in the U.S. District Court for the District of New Jersey confirms that Verisk and Xactware used EagleView’s technology and innovations without its consent and in violation of the U.S. Patent Law.

What’s the Case?

In late 2015, EagleView filed a lawsuit against Verisk and Xactware claiming that the two competitors are involved in the willful infringement of its patents encompassing some unique technologies. The filing was emphasized to hold Verisk and Xactware accountable for infringing EagleView’s technologies.

The jury favored EagleView on every issue has awarded it $125 million in damages. Besides, the Court has issued a temporary restraining order preventing defendants’ sale of Property InSight, Geomni Roof, Roof InSight, and Geomni Property, as well as, use or sale of Aerial Sketch version 2 after 25th September 2019. This order will be in effect until 8th October 2019, the date set by the Court for a hearing on a permanent injunction.

Rishi Daga, CEO of EagleView said that they understand the distraction their customers are encountering due to the ongoing lawsuit, and thank them for standing beside the company even when it was forced to safeguard its IP and technology in court. The recent decision enables them to continue serving the clients with superior customer services across insurance, energy, roofing, and government, and to look forward to driving innovation through data analytics derived from aerial imagery as well as bringing impactful solutions. EagleView will consult the affected customers to determine if the firm can assist them in any manner or customers can contact EagleView at https://www.eagleview.com/support/.

The jury found that the patents involved in this case were valid and amongst the more than 200 patents in the plaintiff’s portfolio. They also discovered that Verisk and Xactware had infringed the patents willfully, awarding $125 million to EagleView for damages due to past Patent Infringement.

Verisk and Xactware have repeatedly taken measures to prevent EagleView’s claims from reaching in the front of a jury trial, including attempts to invalidate EagleView’s claims in district courts and challenges to the plaintiff’s patents with the USPTO. EagleView succeeded in securing overwhelming victories at the USPTO, with 149 applications related to its patented technology comprehensively upheld after several appeals.

Kirkland & Ellis LLP and Walsh Pizzi O’Reilly Falanga LLP are the co-counsel represented EagleView at all levels of the lawsuit and relevant patent proceedings, including the recent IP trial win.

EagleView is emphasizing on transforming the way people work by bringing in the highest level of accuracy in today’s persistently changing world. It is expected that this win will help the company in achieving its goals. For more visit: https://www.trademarkmaldives.com

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Intellectual Property Strategy: All You Need to Know

Intellectual Property Strategy: All You Need to Know

Mainly considered to be a legal source to protect assets from being used without their owners’ permission, Intellectual Property Rights (IPRs) are also helpful in driving opportunities to earn more and gain competitive benefit. That’s is the reason why most businesses in the present challenging era emphasize working with Intellectual Property (IP) strategy in addition to their business strategy. IP provides exclusive rights that allow authorized accessing and using several elements, like medicines, industrial products, etc., while keeping the vulnerabilities of legal issues minimum. The IPRs guarantee avoidance and elimination of various types of misuses, including:

  • Counterfeiting
  • Abusive or unauthorized use
  • Theft or diversion of IP assets
  • Copying of registered or patented items

The combination of trust and protective strategy associated with IP can be a perfect way to grow your business to a remarkably fruitful level in today’s highly competitive marketplace. Hence, it is imperative to comprehend the IP strategy along with its core elements, and importance.

IP Strategy

Intellectual Property (IP) Strategy is a combination of several steps that help a business to manage its IP assets, define how its research and development team should operate for achieving the company’s goals, which may be building a reputation or increasing the revenue. Generally, protecting different types of IP assets appears an expensive deal; however, with an apt IP strategy, you can ensure the protection and management of your assets at a reasonable price. Besides, it can help in extracting good ROI, i.e., returns on your business investments. That’s why all the businesses, whether large, small, new, or old, should have a clear and understandable IP Strategy.

Core Elements of A Result-oriented IP Strategy

Strategically using your IP assets is one of the best ways to grow your business while facing the least possible hurdles. Hence, you must always emphasize running your business after creating an IP strategy that encompasses the following three core elements:

IP Protection: Intellectual Property Law provides exclusionary rights that undoubtedly prevent the misuse of your IP assets, but the continuous advancements in technology are making it a bit sophisticated for the people to use them appropriately. Hence, there is a crucial need to create and use an IP strategy that includes defensive publishing as one of its vital parts. It will aid you in not only keeping the exclusionary rights robust throughout their lifespan but also in staying safe against the two below-given hazardous threats.

  • Patent trolls, which apply to patents, focus only on collecting license fees or penalty charges from the party involved in Patent Infringement.
  • Picket-fence processes in which competitors who desire to erode your core patent’s value, patent some incremental improvements over it, and get a license for leveraging your core technology on preferential terms.

R&D Operations’ Optimization: Technologies and techniques associated with the traditional patent search processes are so intricate that a comprehensive search may take days to execute. Use state-of-the-art analysis tools and optimize your search processes as well as the ability to provide actionable insights. Moreover, there is a need to empower personnel to conduct searches by employing natural language queries rather than arcane syntax. These measures will boost up your decision-making ability, which further helps in building up a more competitive and agile company.

IP Assets’ Monetization: The justification of ‘how effective an IP strategy is’ mainly based on the top or bottom-line value it provides to an organization. Monetization is far beyond just enabling products to sell at a faster rate under the shield of Intellectual Property Rights Protection. An efficient IP strategy can help you to monetize your IP assets as well as identify infringers and potential licensing partners in both the private and public sectors.

Importance of IP Strategy

We are living in a rapidly developing economic world where the restrictions (due to developments) on several materials, like land, minerals, transportation, and many others are becoming prominent day-by-day. An IP strategy covers measures that expedite the creation, development, and management of IP assets along with maintaining a balance with restricted items. IP strategy, which consists of all crucial things like the company’s attributes, information about its products, etc., can help the firm in protecting and promoting their assets in a manner that ensure remarkable returns on IP-related investment. It also enables you to identify and evade the risks that may harm your organization anytime. Finally, we can say that an effectively designed IP strategy is one of the best means to ensure the commercial growth of any business in the present challenging era. For more visit: https://www.trademarkmaldives.com

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Metrasens Global MRI Safety Business Obtains another Patent

Metrasens Global MRI Safety Business Obtains another Patent

A leading provider of advanced magnetic detection technologies, Metrasens has proudly announced about the recent grant for a new patent by the US Patent and Trademark Office (USPTO) for further strengthening of its patent portfolio. The newly granted patent revolves around the protection of the technology proficient in decreasing alarm weakness in the Ferromagnetic Detection Systems (FMDS) of Metrasens. Being used to increase the safety of staff and patients in the MRI departments of hospitals, Metrasens’ FMDS systems for MRI safety were invented by the company’s founders and have been purchased by MRI departments in 36 countries since 2003, when they were first introduced globally.

By obtaining its first patent before 2000 along with a total of 21 international patents till now, Metrasens at present has a considerable Intellectual Property (IP) in the field of magnetic detection. Nevertheless, this family’s patent protection granted in China is currently subject to a challenge by Nanjing Cloud Magnet Electronic Technology Company Limited in the China State Intellectual Property Office (SIPO). Metrasens is defending itself against the plaintiff and its affiliate – Nanjing Haole Technology Company Limited (NH) in the Nanjing Intermediate Court for Copyright Infringement and in the Shanghai Intellectual Property Court for Patent Infringement. A decision announced by SIPO in regards to this case has proclaimed that the office concludes the patent to be invalid because it lacks an inventive step. It appears that Metrasens will robustly appeal to the SIPO decision.

Metrasens with an intention to defend itself claimed that previously, Nanjing Haole Technology Company Limited was a distributor appointed to disseminate its Ferroguard FMDS products in Southern China. Metrasens had terminated the relationship as it found this group emerging and selling products that possessed very similar technical features and functions to those for which Metrasens had obtained patents. With the aid of Beijing Yihai (one of its distributors), Metrasens has evolved as a leader in providing MRI safety services and resolutions to hospitals throughout China. Metrasens also has a Patent Application having further eight patents that reflect its investment to develop technology that helps in keeping the Chinese citizens safe.

Metrasens’ CEO and co-founder, Dr. Simon Goodyear, said that their close connections with MRI system vendors and the Chinese radiology community facilitated the fast and accelerating adoption of their Ferroguard systems in China.They are proud that both the IP executives and the MRI community value the benefits of their products, which are the result of years of their experience in this field. The new patent will help them in continuing to pursue their goals of safeguarding Metrasens’ intellectual property and businesses and of improving patient safety in China. For more visit: https://www.trademarkmaldives.com

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