TiVo's "Holy Grail" Ad Patent vs. TNS Media Research LLC

On Monday, February 22 2016, a court ruling in New York declared that three of the patents television giant TiVo Research and Analytics Inc. used to sue TNS Media Research LLC were invalid under the official standard of the US Supreme Court. One of the patents in particular, coined the ‘Holy Grail’ patent for target advertising, was rendered invalid because ‘abstract ideas using a computer are not patent-eligible’ according to the Law360 article posted this Tuesday, February 23. From here, the New York federal judge ruled that TiVo’s patent was neither innovative nor inventive, and therefor could not be an official patent. 

This patent, U.S. Patent Number 7,729,940, could be performed by humans as well as by computers, and therefore could not be technologically intellectual property. Further, another judge, Judge Scheindlin, ruled that the primary ideas behind the three TiVo patents being used in litigation against TNS were relatively basic and abstract in the sense that they could not be utilized to acquire damages  fromTNS. 

Later in 2013, Judge Scheindlin dumped out TiVo’s claims of infringement and trade secret completely, while only ordering a small damage recovery opportunity for them from TNS. However, later that year the Federal Circuit overruled some of Judge Scheindlin’s rulings, arguing that the actions of TNS were primary proponents in the huge loss of the valuation of TiVo. Their valuation fell from $54 million to $20 million. Currently, there is still no end result from this patent litigation case. There is still a great deal of details for the courts to examine before any definitive ruling can be set forth.

Article: http://www.law360.com/ip/articles/762164?nl_pk=688afd99-43da-41e2-baf9-0f852e028cd1&utm_source=newsletter&utm_medium=email&utm_campaign=ip

YouTube: https://www.youtube.com/watch?v=NhnVlCFIz-w&feature=youtu.be

Apple Inc. Vs. Samsung Electronics Co. (2007-Present)

In early 2011, Apple Inc. began litigation against Samsung Electronics Co. over four design patents and three utility patents they had filed in over the course of 2007. The design patents were filed four days before they introduced their first iPhone to the world. After their filings, Apple accused Samsung of infringing on their United States utility patent Nos. 7,469,381, 7,844,915, and 7,864,163, as well as their United States design patent Nos. D504,889, D593,087, D618,677, and D604,305. 

Samsung responded by counter-suing Apple for infringing on some of their patents, specifically their United States patent Nos. 7,675,941, 7,447,516, 7,698,711, 7,577,460, and 7,456,893. This litigation continued back and forth for a couple years until 2012, when Apple won a verdict widely in their favor. The jury found that Samsung deliberately infringed on Apple’s design and utility patents, as well as some aspects of their iPhone design. As a result, they ordered Samsung pay $1.049 billion in damages to Apple.

By late 2012, Samsung had done everything in their power to try reverse or mitigate this huge case. In October of 2012, the US Patent and Trademark office rendered two of Apple’s filed patents invalid. This brought Apple and Samsung back to court in December. Court judge Lucy H. Koh decided on December 17, 2012 that the damages Samsung had to pay after their first trial were miscalculated by somewhere around $400 million, ordering a retrial. 

Ultimately, Samsung still ended up losing the case; however, they did not have to pay nearly as much as the court initially ordered. It is estimated that Samsung will end up paying somewhere around $120 million. While this is still a very large settlement, Samsung definitely dodged a bullet compared to their initial ‘damages’ of $1.049 billion.

Article: http://www.theverge.com/2015/5/18/8619871/apple-samsung-appeal-patent-trade-dress-2015

Youtube: https://www.youtube.com/watch?v=ezDekNT4U2w&feature=youtu.be

VirnetX & Apple: The Details

Despite VirnetX’s mixed success with their past patent litigations, their most recent $626 million win over Apple was definitely their biggest feat yet. After losing to Cisco last year and winning against Microsoft in 2010, VirnetX decided that Apple was the most important target for 2016. Originally, VirnetX had won the case in 2012, accusing Apple of $368 million in damages. Since then, Apple had appealed the case and won on a technicality; the jury saw no direct causation between Apple’s infringing software and their sales of iPads and other devices that used said software. 

However, the appeal ended up hurting Apple in the long run. A new jury found Apple guilty of $626 million in damages, more than VirnetX initially demanded, because it “willfully violated their patents”. After their win, VirnetX’s shares doubled before the market opened. 

The jury had determined that Apple first infringed on VirnetX’s patent Nos. 7,490,151 and 6,502,135, leading to damages of $335 million. After that ruling, the jury determined that Apple’s FaceTime feature, used from iOS 4 to iOS 6 and from OS X 10.7 to OS X 10.8 i, violated VirnetX’s patent Nos 7,921,211 and 7,418,504. This lead to another $291 million in damages owed by Apple to VirnetX. Apple’s VPN on Demand features also played into infringements on parts of all four patents.

As a company that does not sell any physical product, VirnetX thrives through their ownership of patents. The modern world is becoming increasingly reliant on technologies, and patents are at the core of this development. VirnetX is right where they should be in the technological world.

VirnetX vs. Apple: The Million Dollar Case

After determining that Apple was infringing on VirnetX’s patents through their iMessage, FaceTime and other software applications, an East Texas District Court ruled that Apple must pay $626 million in damages. According the the jury, Apple had violated 4 of VirnetX’s patents, which mainly involve communication over electronic devices. VirnetX is well known the tech community as an infamous patent troll; a company that procures a large amount of patents and then aims to fault other companies by accusing them of infringement. 

Supposedly, Apple had violated the four of the following patents out of the 80 owned by VirnetX:

U.S. Patent #6,502,135 (“135 patent”): Agile network protocol for secure communications with assured system availability

U.S. Patent #7,418,504 (“504 patent”): Agile network protocol for secure communications using secure domain names

U.S. Patent #7,490,151 (“151 patent”): Establishment of a secure communication link based on a domain name service (DNS) request

U.S. Patent #7,921,211 (“211 patent”): Agile network protocol for secure communications using secure domain names

Despite being a company of 14 employees working out of an office with a $5000 rent space per month, VirnetX has claimed a huge victory. VirtnetX makes most of their incomes through this process of licensing and suing other firms based on patent ownership rights.

This case had been going on since 2012; Apple managed to drag it out until now, however VirnetX was persistent enough to see this huge case all the way through. Ultimately, VirnetX succeeded in convincing the jury to see to it that Apple repaid VirnetX for all the damage done to them.

The Internet: A Game Changing Invention

The Internet:

Before the internet was invented, our methods of communication, business and education were drastically constrained because of a lack of ability to access and utilize real time information. Communicating with people who were not within the same city or neighborhood was prolonged by days, if not weeks, because people had to write and send letters via mail. This slowed the progression of our economical, social and cultural growth because everything was delayed by a lack of speedy technology. As a concept, the internet was around for a long period of time, spurred by increasing tensions during the cold war. However, the physical, recognizable creation of the internet took place during the years leading up to 1990. A prototype of the internet, called the ARPANET, was invented in the late 1960s. This invention allowed data to be transmitted between different networks at quick speeds. In 1990, computer scientist Tim Berners-Lee developed the World Wide Web, which ultimately spurred a more global usage of the internet. The internet infinitely expanded our world of knowledge, giving us a multitude of virtual realities that allow us to explore the world through a technological perspective. Its significance goes beyond the idea of any other technological invention because it connected the world through a medium of communication and information. News could be accessed at the click of a button, compared to before, where it took days to hear about something that may have happened overseas. Websites such as Facebook, Youtube and Twitter gave us the ability to form interconnected networks and communities online, connecting us on a global level. These reasons are why I picked the internet as the specific and fundamental invention that drives today’s economy and social environment on more than just a basic level.

Top Ten Inventions That Changed the World

Revised Top Ten Inventions That Changed the World

1. The Compass: 
The compass was a revolutionary invention; it allowed for the development of direction, maps, trade and ultimately globalization. It is essential to almost every part of what we know about the world today.

2. The Internet: 
The internet forms an integral part of almost all of our daily interactions, transactions and cultural exchanges today. It is quite possibly the single most important factor towards keeping mankind connected and in sync with the world.

3. The Alphabet: 
The invention of the alphabet allowed for human communication to evolve at an exponential level. Language is the foundation upon which human society has been built over many centuries.

4. The Wheel:
The wheel allowed for human transportation to develop at a much more rapid pace. The wheel is used in countless different technologies and inventions today, such as cars, bikes, airplanes and machinery.

5. Medicine:
Medicine has been around for thousands of years; this crucial practice is one of the reasons why humankind has thrived and grown exponentially as a species. Preventing disease is fundamentally important in the progression of humanity.

6. The Internal Combustion Engine:
The internal combustion engine is an invention that allowed for the development of our most important forms of transportation and machinery today. This invention burns fuel, creating kinetic energy that is then converted to motive power. Airplanes, automobiles and a multitude of machinery all rely on this simple yet innovative invention.

7. The Computer: 
The development of the computer allowed humans to both store massive amounts of data and configure it to better understand certain phenomena. The computer is a vast source of knowledge for anyone and everyone. It keeps us connected on a global level.

8. Currrency:
The concept of “value” is a manmade economical quality. The invention of currency has allowed mankind to create complete economies that utilize a trade and barter system. Without currency, we would not have been able to develop in such a sophisticated and organized fashion today.

9. The Light Bulb:
Electric lighting was one of the driving forces that spurred the industrial revolution and ultimately our modern world today. The light bulb allowed for many other inventions to exists today. Electrical conduction, construction, and commercial/residential lighting are foundational in our society today.

10. Religion:
Last but not least, religion is definitely a significant feature of mankind. The creation of religion has lead to massive cultural growth in many different areas, and, for some, it leads their everyday choices and values. Without religion, the world would surely be a completely different place.

4.