PayRange Sues KioSoft Alleging Patent Infringement

PayRange Inc., which is a network for day-to-day purchases, has quite recently filed a lawsuit against KioSoft Technologies LLC, a technology leader in the payments industry since 2002, alleging Patent Infringement. Consequently, PayRange is now looking forward to seeking damages estimated to be over $50 million, along with a permanent injunction barring further infringing sales.

Established and founded in 2013, PayRange proactively developed the original mobile payment system for use in non-networked unattended retail machines, including amusement, laundry, and vending. The company efficiently protects its innovative technology, creative works, and Intellectual Property (IP) portfolio with 18 patents and even more than 35 pending Patent Applications.

At present, PayRange is the market share leader having millions of users and hundreds of thousands of deployed machines. On the other hand, KioSoft Technologies sells mobile payment solutions unlawfully by infringing upon PayRange’s patented technology. PayRange’s patents cover a wide variety of innovations, including the foundational approach of authorizing payment to unconnected machines leveraging the user’s smartphone, firmware updating of offline machines, viewing machine status on smartphones, and retrofitting existing machines along with payment acceptance devices.

Paresh Patel – the founder and CEO of PayRange, has stated in the lawsuit that his company has invested tens of millions of dollars in both research and development for bringing to market the solutions that have revolutionized the industry. He further said that his company shall always vigorously protect its investment to prevent the competitors from selling infringing products.

PayRange’s counsel on this matter, Wilson Sonsini Goodrich & Rosati, filed the Patent Infringement Lawsuit against KioSoft by stating that the company disregarded PayRange’s Patent Rights blatantly by attempting to encroach upon PayRange’s customers with a solicit new business and copycat product. Now, PayRange is looking forward to seeking recovery of damages, which may even exceed $50 million as per the lost profits, royalties, or price erosion, along with a permanent injunction for preventing KioSoft from continuing future infringement by selling, maintaining, and supporting copycat products, for instance, mobile apps.

Founded by Paresh Patel, a veteran of the automated retail industry, PayRange provides operators and customers with convenient and secure mobile payment and loyalty solutions for amusement, laundry, and vending. With even more than 3 million users and a network of machines throughout 350 cities and towns in the US and Canada, PayRange is currently the North American leader in mobile payments for unattended retail. For more visit: https://www.trademarkmaldives.com

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Navarik Wins Patent for Managing Loss Reconciliation Data in Shipping Industry

The United States Patent and Trademark Office (USPTO) has recently issued US Patent No. 10,410,162 to Navarik Corp., a software platform provider to the petroleum supply and trading industry. The patent covers mechanisms for grouping parcels and enabling calculation of losses at the time of shipping.

It is a matter of fact that yes – some loss of cargo is expected in the oil industry during shipping; however, even these small amounts of loss product can lead to a significant loss of revenue. In this scenario, the traditional mechanisms depend on human inspection for tracking these losses and are usually prone to error. Navarik’s patented technology holds immense potential for replacing this unreliable human inspection with validated and automated software tracking. The patent efficiently describes how a company or organization can feed shipping logs into Navarik’s software, and further how that software can both validate and process those logs. Additionally, the patent also describes how the software is capable of grouping parcels for multiple different points of a long journey together to verify that they reflect the same cargo itself at different times of a voyage. Based on the parcel data, the software can then further calculate a loss between those different points for effectively increasing the accuracy of the calculation and removing the need for human intervention.

Based on their initial Patent Application in 2009, the ‘162 Patent is the second patent issued to Navarik. The first patent with US Patent No. 8, 301,517, also corresponds to the mechanisms for grouping parcels. All in all, the ‘517 and ‘162 Patents give Navarik the exclusive rights to its patented technology.

Navarik’s objective is to emerge as the leading provider of technology products for the inspection industries and commodity shipping by leveraging its industry expertise and on-demand software platform. Most of the widely-known oil companies across the globe heavily depend on Navarik’s flagship product, known as Navarik Inspection™, for data intelligence and business process automation. The product helps them significantly in optimizing trade with their counterparties and achieving better performance from their inspection firms, terminals, and vessels. For more visit: https://www.trademarkmaldives.com

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Apple to pay $85 million to Wilan in Patent Infringement Suit

In a long and drawn-out Patent Infringement lawsuit, Apple has recently been sentenced to pay $85 million to Canadian patent firm Wilan for violating wireless patents.

The case, for which the U.S. District Court for Southern District of California (San Diego) made this latest ruling, has been bouncing around for the past many years. The jury now ruled that Apple did infringe upon the patents and would have to fork over the payment to Quarterhill Inc., the parent organization of Wilan.

Although this seems a hefty amount for Apple to give out, it could have been worse or worst. In the year 2018, a different jury in the same suit decided that Apple should pay Wilan a sum of $145.1 million for damages because of patent infringement.

Nevertheless, Apple disagreed with the 2018’s court verdict saying that the damages were calculated inaccurately. Then, after the previous decision was disputed, a judge agreed with Apple that the damages were unsuitable or high and proposed Wilan to either accept $10 million in damages or go back to court. Well, the case once again went back to court, resulting in the sum of $85 million for Apple.

The case revolves around two wireless communication patents held by Wilan. One related to ‘a method and apparatus for allocating bandwidth in any broadband wireless communication system’ (U.S. Patent numbered 8457145). Other associated ‘with communication systems and with methods and systems for implementing adaptive call admission control’ (U.S. patent numbered 8537757).

According to the long history of animosity amid the two companies, Quarterhill has often taken Apple to courts but mostly turned unsuccessful in its fight, as judges not usually convinced that its patents entitled to gain from the sales of devices such as iPhones.

Apple has also been accused of infringing on patents by many other companies. For instance, Apple has been involved in a long legal fight with Qualcomm over royalties for the Intel modems deployed in certain iPhone models. Moreover, there’s a claim from an Israeli company named Corephotonics Ltd. that Apple imitated its dual-lens camera technology for the iPhone. Apple, on the other hand, has also brought Samsung into the court over claims that the South Korean multinational conglomerate copied its iPhone.

Although it seems likely that Apple will appeal this latest ruling, the company has not yet announced whether it plans to do so or not. For more visit: https://www.trademarkmaldives.com

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Amazon Gets Patent for Robots That Drop Off Items on Delivery Routes

Amazon.com is already working on robots that deliver packages, but a newly issued patent includes a far more ambitious scheme that covers storage compartment vehicles, which can roam the footways to make multiple deliveries along their routes.

As detailed in the Patent Application published recently, Amazon’s proposed SCVs could pick up the items for not just deliveries but return as well. If the plan gets fully implemented, it could address the final 50 feet or last mile challenge for delivery systems by having customers arrive at the footways, tap the needed security code on their smartphones, and open up the precise doors to collect the items they have ordered. Delivery agents could load the SCVs with items and set them loose from the loading area to make the required dropoffs. The robots could locate themselves at deliberate locations for pickups or move to the areas where the customers live. No matter whether the robots go to the customers or vice-versa, doors would get opened and closed using a unique security code registers with the cloud-based control system of SCVs. Besides, each storage compartment would cover a protective air bladder that could be inflated to cushion the package inside. Assets like cameras, microphones, biometric scanners, GPS devices, and other gizmos could also be installed on the robots to monitor their surroundings, provide navigational data, etc. Installation of these assets would also be beneficial in ensuring that the robots don’t get messed with anybody and deliveries get to the right customers.

Amazon said that its patent applications explore the comprehensive possibilities of new inventions, but those inventions don’t always get turned into real-life products and services as detailed in the applications. Furthermore, the inventions never see the light of day in some cases. Hence, there’s no guarantee that we would see the mentioned SCVs roaming the street anytime soon.

That being said, the storage compartment vehicle covered in the scheme is not all that much of a stretch beyond Amazon Scout delivery robots, which are being tested in the north of Seattle in Snohomish County and other climes also.

Drawings provided in the patent application showed that the proposed device is reminiscent of the Dalek cyborgs from the ‘Doctor Who’ TV series, but bristles with boxes instead of bristling with weapons.

Much about the tanklike tracks that make the SCV move along a wide range of slopes and rough terrain had already been revealed in the patent application filed two and a half years ago by Seattle-area inventors, including Wicksell Metellus, Kristopher William Bell, Julius Chen, Wesley Scott Lanka, and Ryan Scott Russell.

There’re even models outfitted with propellers for aerial deliveries, or floats for marine delivery applications.

Amazon Robotics is increasing by leaps and strides, but filling the footways, waterways, and flightpaths with robots on delivery routes would present a whole new level of automation. Let’s hope for the best! For more visit: https://www.trademarkmaldives.com

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Nintendo New Patent Details Touch Pen Attachment For Switch Joy-Con

With Nintendo’s new patent that has unveiled a touch pen plug-in, the company appears to be planning to bring brand new features to the Switch’s controllers Joy-Con.

Published recently by the United States Patent and Trademark Office (USPTO), the new patent reveals that the Japanese video game company wants to provide the Nintendo Switch console’s Joy-Con controller with a touch pen plug-in that can be connected to Joy-Con and used on the touch screen.

According to the images and descriptions of the new touch pen feature shown in the Patent Application, the pen attachment would be located on the right side of the console’s controller. Although the pen plug-in appears pretty similar to the Galaxy S Pen, it is possible to say that this holds a controller to control the screen and maintain a difference. The patent further states that the touch pen will make the Joy-Con vibrate when objects are touched on the screen. It also demonstrates the way in which the stylus-like feature can draw thin or thick lines on the screen, along with the ability to draw lines by pushing the X button on the Joy-Con.

Assuredly, this pen appears to be a functional add-on in comparison to a normal stylus. With the new design, the users will be able to use both the Joy-Cons together. Besides, they can enjoy additional control options in games. The pen plugin holds the ability to vibrate when interacting with any object, thus giving direct feedback.

Nevertheless, many games lack the touch screen features of the Switch. Hence, if Nintendo wants to bring this new feature to the console, it should plan to release the games that are compatible with the same. It is because if the company doesn’t launch games with touch functionality, it would be arduous to use the plugin widely.

Well, Nintendo’s patenting such a touch pen plugin does not mean that the plugin will surely come. Several manufacturers, especially Nintendo, often patents features that won’t be launched. Moreover, even if the patent turns into a reality, it isn’t easy to predict when this will happen.

There is one more possibility that the pen plugin has been patented for the Nintendo Switch Pro, a subject of rumors floating recently. Following the announcement of Microsoft and Sony’s next-generation consoles, Nintendo may be making plans for a more powerful Switch. For now, we can wait and see. For more visit: https://www.trademarkmaldives.com

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Microsoft Secures Patent For An Environment-Friendly Artificial Reef Datacenter

Microsoft, an American Multinational Technology Company, has recently received a patent for its Environmentally Friendly Ocean Floor Artificial Reef Datacenter.

Till now, Apple Inc. is the top technology company dedicated to working on environmental issues, using robots to dismantle iPhones and MacBooks for scrap metals, using recycled materials in its devices, and setting up solar farms. Moreover, it will be the first organization to use carbon-free aluminum.

The recently granted patent covering Microsoft’s work on an apparatus for promoting marine life shows that the company is thinking of joining (following Apple) the trend of Silicon Valley. The apparatus mentioned in the patent issued to Microsoft in late December 2019 includes a datacenter implemented in a vast body of water. Besides, the apparatus is coupled to a network, one or more components that further coupled to the pressure vessel supporting the surrounding ecosystem, and a pressure vessel that houses the datacenter.

Microsoft’s patent 10,524,395 titled ‘Artificial Reef Datacenter’ was issued by the U.S. Patent and Trademark Office (USPTO).

Microsoft, in its Patent Application, notified that the environmental concerns for the erosion of beaches, loss of active reefs, diminishing marine life, and other impacts have led to the installations of ocean floor artificial reefs in some areas. In general, artificial reefs are built by using objects originally developed for other purposes and then repurposed into an artificial reef. Nevertheless, these repurposed objects often raise additional environmental concerns like corrosion, and the introduction as well as the expansion of pollutants into the marine environment.

These repurposed objects also provide a less than ideal environment for the growth of reef inhabitants. Moreover, these can promote some reef life more than others, thus leading to an imbalance in the reef ecosystem. For instance, oil rigs often emit heat that creates a very warm surface inhibiting or otherwise challenging the growth for some types of reef life.

Examples and information provided in Microsoft’s Patent Application show a datacenter configured for operation while submerged in water and designed to incorporate components and features that actively attract the growth of reef inhabitants and promote marine life.

Active promotion of marine life may include:

  • Active behaviors of the datacenter, like dispersing nutrients or providing warmth in the surrounding environment
  • Datacenter design and structural decisions that lead to inviting structures and components for the colonization of marine life.

The recent patent grant appears as a great opportunity that allows Microsoft to turn its project titled Environmentally Friendly Ocean Floor Artificial Reef Datacenter into reality. Nonetheless, as no details reveal when the company would be going to do so, the world (people) can do nothing except waiting. For more visit: https://www.trademarkmaldives.com

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Artificial Intelligence (AI) and its Implications on Patents

Artificial Intelligence (AI), in the past few years, has seen a profound increase in its media coverage and attention. It is due to the continuous improvements in its capabilities that has nourished its adaptation into various areas. Today, AI has found its applications in many fields, like small to large businesses, automotive industry, healthcare centers, etc.

AI is a technology that focuses on the creation of intelligent machines, which react and work like humans. One of the common activities for which AI-based computers are designed is speech recognition. Some basic technologies that include AI are as follows:

Boolean Search

These refer to algorithms that implement a sort of search, which enables the users to produce relevant results by combining keywords with operators like AND, OR, and NOT.

Natural Language Processing (NLP)

NLP emphasizes AI algorithms that enable computers to comprehend and process human languages.

Natural Language Search (NLS)

NLS comprises AI algorithms that carry out searches by identifying content matching a topic described by the user in plain language.

Machine Learning (ML)

Machine learning refers to a data analysis method that automates the building of the analytical model. With the concept of using algorithms that learn from data, ML allows computers/machines to find out the hidden insights even without being programmed – where to look.

AI Implications on Patents and Intellectual Property

With AI-based machines appearing to have surpassed human performance in many fields such as medicine, automotive, and others, it is expected that the future for AI would impact the ways humans beings work and perform. These predictions led to several debates such as ‘can AI surpass human capabilities,’ ‘is it the best tool used to aid humanity in work,’ etc. Apart from these questions, the implications for the emergence and rise of AI on Intellectual Property (IP) and especially Patents are also subject to debate.

With the advent and advanced functionality of AI in a wide range of fields, this technology may probably be on its way towards creating remarkable tools, approaches, and applications. For instance, the Neural Machine Translation System of Google, at the end of the year 2016, was found to have developed its internal language that represents the notions it uses to translate different languages. Not only this, there are a lot of other examples that showcase the consistent advancements in AI technology. Well, this is only the beginning, because as evidence suggests – AI technology may one day perform with its independent mind and intelligence. All these facts also suggest that AI, due to being the creation of the mind, has major implications for Patents and IP.

IP refers to unique and useful creations of the mind. It is a category of property that comprises intangible creations of human intellect. Additionally, when it comes to patent, this is a type of IP that provides its owner with the legal right to prohibit others from stealing and misusing his/her invention for limited years. But, with this definition that defines IP as a creation of the mind, the term ‘mind’ is left for debate – whether a robot or a human mind. Still, AI can create inventions that should be protected by filing Patent Registration Application. In other words, though the word ‘mind’ is in question, yet AI can create potentially patentable inventions. Hence, keeping this thing in mind, the human beings who so ever create AI technology-based inventions should logically own the patent rights over the same. The owner of AI-related inventions must obtain robust Patent Registration Protection as soon as he/she could. It is recommended because AI is the latest and continuously advancing technology, and therefore, the inventions based on this are highly vulnerable to be stolen, copied, or imported by unauthorized users. For more visit: https://www.trademarkmaldives.com

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Baidu Files Patent Application for ML-based Audio Synthesis Ownership

By catching the attention and likes of Tencent and Huawei, Baidu has topped as the leading artificial intelligence (AI) Patent Application leader. Apart from this, Baidu (with 1,237 patent applications) is also leading in the highly competitive area of intelligent driving, as many reports stated.

Victor Liang, Vice President & General Counsel Executive Assistant to CEO at Baidu, said that they retained the top position for AI-related patent applications in China because of their:

  • Constant investment and research in developing AI
  • Strategic focus on patents

After years of research and development, Baidu has now developed a comprehensive AI ecosystem, and therefore, is at the leading spot of the AI industry worldwide.

Patents focused and filed by Baidu encompass a wide range of domains, including:

  • Deep learning (1,429 patents)
  • Speech recognition (933 patents)
  • NLP – Natural Language Processing (938 patents)

While Baidu acquired top position in China, its R&D center located in the US had filed patent applications in the US patent office also.

In this patent US20190355347A1, which is for a computer-implemented method to train a neural network model for spectrogram inversion with the title – Spectrogram to waveform synthesis using convolutional networks, Baidu lists the following points:

  • Inputting an input spectrogram, including many frequency channels into a CNN (convolution neural network).
  • Outputting a synthesized waveform from CNN for the input spectrogram, which has a corresponding ground truth waveform.
  • Using the synthesized waveform, the corresponding ground truth waveform, and the loss function, consisting of at least one or more loss components opted from convergence loss spectral.
  • Using the loss to update the CNN.
  • A clear mention of using the CNNs (convolutional neural networks).

As CNN is the lifeblood of several contemporary ML-based applications, any claim, even on a small part, can create damages in the long run.

The current year has witnessed a sudden and rapid growth of interest in owning algorithms and deep learning. So, even if the plans are to protect the researches from falling prey to pseudo players, this trial appears as a slippery slope where owners of big businesses can leverage the smaller companies that are using advanced technology.

In Baidu’s case, too, there lie risks of losing ownership to various audio processing applications. Contributed to the increasing fear among the ML community, Baidu is a Chinese company. The Artificial Intelligence (AI) vision of this company was fortified with projects such as Apollo, which is an open-source independent driving platform together with many other intelligent driving innovations.

China has allegedly been found involved in Intellectual Property (IP) thefts, especially from US companies. Hence, when Baidu’s foreign division files a patent application, one cannot assist but think about the consequences of handing the ownership to China that continued to be the world’s leading source of fake goods, exhibiting its failure to take crucial action to restrain the widespread manufacture, sale, and export of bogus goods. For more visit: https://www.trademarkmaldives.com

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Nokia Suspends Legal Action Against Daimler With Mediation Offer in Patent Row

Nokia, the Finnish Multinational Telecommunications and Consumer Electronics Company, has recently suspended legal action against the German carmaker Daimler with the hope that mediation will bring their dispute over the technology licensing fee to an end. Nevertheless, Daimler responded to this decision by Nokia in a cool way and iterated that the two companies had different legal opinions on the conflict.

Nokia’s pursuit of charges from Daimler has highlighted the wider fight amid tech companies and the automotive industry over royalties for tools and technologies needed for vehicle communications, navigation systems, and self-driving cars.

Daimler, along with Continental AG, Valeo, Thales-owned Gemalto, and Bury Technologies, complained to the European Commission (this year, i.e., 2019) about the fees demanded by Nokia from them for patents associated with car communications.

In recent years when Nokia has inaugurated ten (10) court cases against Daimler over Patent Infringement, Daimler has also declared lawsuits against Nokia.

Nokia, on 9th December 2019, said that constructive negotiation was the most suitable way to resolve such battles, emphasizing last week’s offered mediation as an effort to evade an EU antitrust investigation.

Nokia spokesperson Mark Durrant said that to make sure there is time for this recent mediation to be successful, they have decided to postpone the pending Court hearing to be held on 10th December in Germany. They have a belief that Daimler and its suppliers will now join them in these significant efforts to reach settlements. There is a lot more to gain for each if all work together, he added.

Daimler reiterated its previous stance and declined to comment on this move of Nokia. The German company said that they have a completely different opinion on how to license necessary and vital patents for communications standards in the car industry. The Carmaker added that Nokia has so far denied licensing their suppliers on a comprehensive basis.

Nevertheless, Margrethe Vestager – EU antitrust chief – welcomed the mediation efforts by Nokia. She said that the decision to postpone Court hearing was a positive move. That’s why they think it is good to attempt mediation at the International Chamber of Commerce, and it would be best if the parties could have a mutual understanding, she told reporters.

Nokia has also proposed mediation on licensing fees with several car parts makers rather than only Daimler.

Carmakers argued that instead of them, the car parts makers should look at the licensing fees and that patent holders must be open to negotiating with the companies interested in purchasing or using their patents.

Sources revealed that EU competition enforcers had been poised to investigate into this matter until Nokia made mediation offer.

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How’s the Patent Application Process in India Affected by 2019’s Amendments?

The Indian government, along with administrators and several Intellectual Property Law Firms in India, has recently taken a considerable step to motivate inventors to get involved in more and useful inventions. With this welcome move by the concerned authorities, the Patent Application Process in India has become not just cheaper but easier as well.

The Patent Amendment Rules 2019, which came into force on 17th September, reflect the below-given four major changes: 

  1. Submission of Original Documents Only Upon Request

Although the Indian Patent Office in 2016 had dismissed the requirement to provide hard copies of the patent forms and specification while applying for Patent Registration in India, certain documents were still needed to be submitted at the IPO in their original form. Some such documents include the Power of Authority, verified English translations of Priority and PCT documents, etc.

Under the unamended rules, the applicants need to submit the original documents at the IPO within 15 days from the day of their online submission. Nonetheless, as per the rules amended in 2019, the applicants no longer have to do so. They can file their duly authenticated documents only by electronic transmission. The exception where original documents are required to be submitted within fifteen (15) days of a request is if the IPO asks the applicant for the same.

  1. Women and Many Others Can Enjoy Expedited Examination

In 2016, the government added the Patent Application Process in India with the provision of expedited examination. Under the unamended rules, this provision had limited the number of applications to be examined within twelve months, i.e., the expedited period. Moreover, it was open for only two categories of applicants, including:

  • Start-ups,
  • Applicants who mention India as an International Searching Authority (ISA) or an International Preliminary Examining Authority (IPEA) in their applications

The amended rules concerning the provision of expedited examination have come up as a beneficial change for many other applicants, like:

  • Small entities
  • Female applicants
  • Government entities, such as:
  • Different government departments
  • Institutions wholly or largely financed by the government
  • Institutions established by the Central, Provincial, or State Act
  • Government companies as specified in Section 2(45) of the Companies Act, 2013
  • Applicants who are suitable to process patent applications compatible with agreements amid IPO and a foreign Patent Office.
  1. Form 28 Needs to be filed

As the amended rules say, the start-ups now have to submit documents supporting their start-up status along with Form 28, each time whether they file a request, form, or document at IPO. The filing of such documentary evidence claiming start-up status will prove helpful in ensuring that the applicant is eligible for claiming the suitable deduction in the fee.

  1. Zero (0) Transmittal Fee

As discussed above, the amended rules have made the Patent Application Process in India easier as well as cheaper. Under these rules, the previously applicable transmittal fee for PCT applications at the IPO through the e-filing module has been abandoned. Additionally, the applicants don’t have to pay fees for the certified copies of priority documents and their e-transmission by the WIPO Digital Access System (DAS). Even the costs for filing PCT and convention applications have been reduced.

Before 2019’s amendments, i.e., under unamended rules, the applicants were required to pay a transmittal fee of INR 3200 for start-ups, INR 8000 for small entities, and INR 16,000 for corporates. Furthermore, fees of INR 1000 for start-up, INR 2500 for small entities, and INR 5000 for corporates for receiving a certified copy of a priority document with around 30 pages were applicable under unamended rules.

Wrapping Up:

These recently amended rules will undoubtedly be going to increase the number of patent filings in India as they are providing opportunities to women, small entities, etc., in addition to those who are eligible to file patent applications and get Patent Registration in India before amendments. Moreover, these ensure easier and cheaper patent application process that ultimately buzz off the applicants’ hesitation, thus making them confident to file their applications without any worry. Hence, we can say that this welcome move by the government of India will benefit not only the people but also the nation. For more visit: https://www.trademarkmaldives.com

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