Posts Tagged: "Google"

Text-based search engines, such as Google and Yahoo (remember Ask Jeeves?), were arguably the most important development leading to our now everyday reliance on the Internet. The concept is simple: type a word or string of words into that inviting text box and instruct your favorite search engine to scour the Internet. The search engine does its magic and quickly displays a list of results, typically hyperlinks to webpages containing information the search engine decided was most relevant to your search. As web technology has progressed, search engines have become smarter and more robust. All major search engines can now, in response to text input, spit out a combination of web pages, images, videos, new articles, and other types of files.Of course, IP owners and those interested in capitalizing on the IP rights of others have found many creative ways to leverage search engine technology to get their goods and services to the top of search engine result pages. These techniques have sparked an entire industry—search engine optimization—which has long been the subject of copyright and trademark litigation. Given that nearly all consumers now have camera-enabled mobile devices, search engine providers have invested heavily in “visual” search engine technology. Visual search engines run search queries on photograph or image input, instead of text input. For example, a tourist visiting the Washington Monument can snap a quick photo of the famous obelisk and upload it into the visual search engine. The visual search engine will then analyze (using, for example, AI or other complicated algorithms) various data points within the photograph to identify the target and then spit out relevant information such as the location, operating hours, history, nearby places of interest, and the like. Google (Google Lens), Microsoft (Bing Visual Search), and Pinterest are all leveraging this technology.Critically important for IP owners, visual search engines can be used by consumers to identify products and quickly comparison shop or identify related products. A golfer could snap a photograph of a golf shirt and ask the visual search engine to return results to find a better price on that shirt or to identify a matching hat or pair of pants. Similarly, a music listener could snap a photograph of an album cover and ask the visual search engine to return results for other music in the same genre that might be interesting to the listener. These are only a few examples of the powerful capabilities of visual search engine technology.

This week in Other Barks & Bites: the Supreme Court asks for the U.S. Solicitor General’s view on whether patents that claim a method of medically treating a patient automatically satisfy Section 101; a jury gives Qualcomm a win in its ongoing patent battle with Apple; the World Intellectual Property Office announces record-breaking totals for international patent applications and cybersquatting actions; Cisco avoids a nearly $60 million damages award at the Federal Circuit; McDonald’s appeals its loss in the EU over its Big Mac trademark; Tesla files trade secret lawsuits against former employees; Peloton faces a copyright suit from music publishers who are seeking $150 million; and Google gets another billion-dollar-plus fine from antitrust regulators in the EU.

Apple made headlines with its recent decision to close its stores in Frisco and my home town of Plano, Texas. The rumor is that Apple was afraid of the dreaded “patent troll.” However, Apple is not afraid of patent trolls. They are afraid of inventors. Whenever you hear the term patent troll, think of inventors. Inventors like my friend Bob Short, who solved an important technical problem in 1998 with his invention—a protocol that encrypts real-time audio and video transmissions. Apple wanted his technology for their FaceTime app, so they took it. Bob’s company, VirnetX, has spent six years trying to stop them and make them pay. Meanwhile Apple, Google, and other tech titans have spread propaganda and paid lawyers, academics, lobbyists, and politicians to destroy the U.S. patent system.

USPTO Director Andrei Iancu participated in a fireside chat, titled “The Crossroads of Technology and Innovation,” hosted by the Consumer Technology Association (CTA) at its sixth annual Innovation Policy Day on Tuesday, March 12 at SXSW in Austin, Texas. Sitting with Director Iancu was host Michael Hayes, Sr. Manager of Government Affairs for the CTA. The chat was quite short and briefly touched on topics such as celebrating the 10 millionth-issued patent, the preparedness of the patent system for the future, artificial intelligence and patent eligibility, and the availability of patenting for all peoples. Then, in what some may consider to be an unscrupulous move, Hayes introduced the narrative of patent trolls.

On the afternoon of Wednesday, March 13, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held an oversight hearing of the U.S. Patent and Trademark Office featuring testimony from and questioning of USPTO Director Andrei Iancu. While this hearing was relatively short by Congressional standards, the Senate IP Subcommittee explored recent changes instituted during Iancu’s tenure as USPTO Director and also got into the debate on pharmaceutical patents—a topic that has been front and center for both houses of Congress in recent weeks.

Representative Steve Stivers (R-OH) and Representative Bill Foster (D-IL) introduced the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act, which would in part restore injunctive relief as a remedy for patent infringement, in the U.S. House of Representatives in March of last year. While there has been much talk about closed-door discussions taking place on Capitol Hill recently around fixing Section 101 law, the House has not yet re-introduced the STRONGER Patents Act, and has thus far been focused on other issues this term. But Rep. Stivers seems confident that the Act has a chance this term, and says that this could be the consensus legislation the House needs. Read below for more on Rep. Stivers’ thoughts about patent reform in the 116th Congress, where the America Invents Act went wrong, and how we ensure the U.S. patent system is restored to number one.

Mozilla, Mapbox, Medium, Patreon, Etsy, and Wikimedia have filed an amicus brief in support of Google in its case against Oracle at the U.S Supreme Court. The platforms disagree with the Federal Circuit’s March 27, 2018, ruling that Google’s use of Oracle’s Java application programming interface (API packages) was not fair as a matter of law, reversing the district court’s decision on the matter. The brief is the latest of 14 that have been filed in the last week in support of granting the petition.

This week in Other Barks & Bites: the Chinese and U.S. governments hash out intellectual property issues; a prominent New York City politician joins the effort to break the patent on Gilead’s Truvada; Qualcomm tells the ITC that Apple’s design around undermines the agency’s finding that an exclusion order shouldn’t be entered against infringing iPhones; the Fortnite copyright cases take a new turn; Babybel loses the trademark on its red wax cheese coating in the UK; Fisker & Paykel and ResMed settle their worldwide patent dispute; Facebook could face major FTC fines for payments from children playing video games on the platform; and reports indicate that Pinterest is pursuing an initial public offering.

The Federal Circuit recently elected not to decide en banc “whether servers are a regular and established place of business, such that venue is proper under 35 U.S.C. § 1400(b). In re: Google LLC, No. 2018-152 (Fed. Cir. Feb. 5, 2019) (Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll, Circuit Judges) (Dissent by Reyna, Circuit Judge, joined by Newman and Lourie, Circuit Judges). SEVEN Networks, LLC’s (SEVEN) patent infringement suit against Google arose in the Eastern District of Texas. SEVEN alleged Google’s servers, stored in a third-party ISP’s facility, where the allegedly infringing activities occurred, were a regular and established place of business, such that venue is proper under 35 U.S.C. § 1400(b). The district court denied Google’s motion to dismiss for improper venue. As a result, Google petitioned the Federal Circuit for a writ of mandamus directing the district court to dismiss or transfer the case for improper venue. On appeal, the panel majority found mandamus relief inappropriate because “it is not known if the district court’s ruling involves the kind of broad and fundamental legal questions relevant to § 1400(b),” and “it would be appropriate to allow the issue to percolate in the district courts so as to more clearly define the importance, scope, and nature of the issue for us to review.”

On February 13, global policymakers and technology company representatives gathered in Washington, D.C. at Google’s offices for the Women’s High-Tech Coalition (WHTC) Third Annual “Women of Wireless” dialogue. The speakers represented companies including Google, Verizon, and Qualcomm, as well as major industry organizations such as the Cellular Telecommunications and Internet Association (CTIA) and the Consumer Technology Association (CTA), and discussed the various infrastructure, policy, and privacy challenges facing the industry in the race to 5G-implementation. With a record number of women elected to the 116th Session of the U.S. Congress and recent White House Executive Orders on technology issues— including this month’s “Maintaining American Leadership in Artificial Intelligence (AI),” an expected executive order on 5G technology, and likely Congressional briefings and hearings focused on wireless innovation—the WHTC is an integral network of stakeholders to discuss these issues and to develop opportunities for strategic partnerships and shared initiatives.

This week in Other Barks & Bites: the USPTO appoints a new Chief Information Officer; Apple uses Qualcomm chips in Germany while American professors urge the ITC to deny exclusion of iPhones found to infringe Qualcomm patent claims; two important IP cases will be heard by the U.S. Supreme Court next week; the EU approves copyright reforms, including the hotly-debated Article 13; Fresh Prince of Bel-Air star Alfonso Ribeiro runs into issues at U.S. Copyright Office; Facebook could owe billions in fines for consumer data practices; a jury verdict dings Walmart for nearly $100 million in trademark infringement case; and Google announces multi-billion dollar plan to expand offices and data centers across the United States.

This week in Other Barks & Bites: the Federal Circuit affirms a Section 101 invalidation of patent claims in favor of Mayo Collaborative Services; Apple wins an order to limit damages in Qualcomm patent case; Google frets over proposed European Union copyright rules; India proposes jail time for film piracy; patent validity challenges drag down the stock of a major pharmaceutical firm; and a snag in the U.S.-China trade talks throws Wall Street for a loop.

Mathematics is a fascinating subject to some people, but a horror to most. Formulas and rules abound to govern purely abstract relationships that appear alien to ordinary life. Yet, mathematical laws govern our entire world, and the Universe. Physicist Max Tegmark believes that the Universe is itself entirely mathematics, i.e., we are all elaborate formulas in some metaverse. Embedded within the mathematical laws are inscrutable constants, such as pi and e, where e is the so-called base of the natural logarithm. e is roughly 2.718281828…. Although Pi (3.14159…) has an official day, 3-14, or March 14, e has yet to acquire this honor. Last year, I wrote in honor of World Pi Day. This year, I propose making 2-7, or February 7, National or World e Day.

This week on Capitol Hill, committee hearings in the U.S. Senate will focus on innovations related to financial systems, the race to 5G network connectivity and advances in energy-related technologies. In the U.S. House of Representatives, net neutrality makes its return as a hotly-debated topic, while the House Science Committee sets its rules for the 116th Congress, including the delegation of federally-funded research oversight to subcommittees. Elsewhere in Washington, D.C., the U.S. Chamber of Commerce releases the 2019 version of its International IP Index and the American Enterprise Institute hosts an event to look at the impact of technological advances on higher education.

Following a Federal Circuit ruling last March in which Google lost the latest in a nine-year battle with Oracle over Google’s unauthorized use of nine lines of code and 37 packages of Oracle’s Java API packages in its Android operating system, Google has once again petitioned the Supreme Court to step in.