Apps
Nike sues Lululemon Athletica saying Mirror Home Gym infringes patents
…The patents in play concern exercise instruction depending on fitness level and heart rate, setting up competition on atheletic activity between users, transmitting and storing activity time period in accordance with a goal, rating a user’s athleticism through sensors, recording and sharing activity, communication with workout equipment.
This is not dissimilar in the trend to Peloton’s suit against rivals Echelon and iFit over alleged patent infringement related to the company’s on-demand fitness classes of last year.
If you were the defendants in any of these cases, you’d hope to have patents you can countersue against the claimant.
Brands
Snap (formerly Snapchat) sues USPTO for wrongly rejecting trade mark application Spectacles for their smart glasses as being generic
…The suit is in Central District of California.
USPTO says – The evidence comprised of various news articles which describe AR devices in general as “smart spectacles” or “VR spectacles”. It stated in its ruling “Applicant cannot seriously dispute that ‘spectacles’ is merely descriptive”
Snap says – the applied for mark evokes an incongruity between an 18th century term for corrective eyewear and Snap’s high-tech 21st century smart glasses. It also claims acquired distinctiveness.
See Snap’s product here: https://www.spectacles.com/uk/new-spectacles/
It isn’t often that IP Offices get sued. It goes to show how “hot” the area of emerging technology is, with businesses jockeying to get the best branding for their products and services.
BigTech
French privacy watchdog CNIL fines Facebook and Google €210m for making it difficult for users to refuse Cookies in breach of ePrivacy Directive
…Several clicks are required to refuse Cookies as opposed to a single click to accept them said the Commission.
Californian class action says Google gave Apple preferential treatment in breach of antitrust law
…It is alleged that in an agreement:
- Google paid Apple billions each year not to develop its own search engines
- Google shares profits with Apple [not sure if this is the payment referred to above or is in addition to the above – those interested should do a further search]
- Apple gives Google preferential treatment on its devices [sort of conduct that will likely breach the Digital Markets Act of the EU, if it comes into force]
Meta is sued by parents of minors for unlawfully harvesting minors’ images in Alabama
…It was argued that minors’ data including biometric data were harvested and used for profit in breach of privacy rights and antitrust law. Whilst Meta did announce plans to purge a lot of biometric data to limit the use of technology, the plaintiffs say the damage has been done and Meta has been enriched unjustly.
WhatsApp suit against Israeli spyware company NSO to go ahead
…NSO is a well-known spyware company. As I understand it, it doesn’t choose its clients (ie: takes a strict non-discriminatory approach) – it will provide the service to anyone who will pay for their technology.
WhatsApp had sued NSO in Northern District of California (NDCal) for hacking the WhatsApp accounts of 1400 users who are human rights lawyers, journalists and politics dissidents, which is reported as likely on behalf of its government clients (WhatsApp suspects Mexico, Bahrain and UAE, based on the targets). WhatsApp claims that this unlawful under the Computer Fraud and Abuse Act (in the UK we have the Computer Misuse Act) and California state anti-hacking, breach of contract and trespassing laws. The Ninth Circuit has held that NSO cannot claim protection under Foreign Sovereign Immunities Act, which is a sovereign immunities doctrine that applies to foreign officials.
NSO complains that WhatsApp’s real dispute is with the governments, not NSO but because they can’t sue the governments who can defend themselves by claiming that they are core sovereign activities, WhatsApp have sued NSO.
Brexit
.eu websites have been taken off-line as a result of Brexit
…As a result of Brexit, UK individuals and organisations cannot own .eu domains and so have been taken off-line.
EV
Toyota to launch its own Operating Software for cars Arene, by 2025
…It’s a bit like iOS or Android for phones, but for cars. It will vie with other auto (eg. vw.OS, mb.OS [Mercedes Benz] and Tesla OS) and IT companies (Google, Apple) to become a platformer in this space, with the ability to licence out to other auto/EV manufacturers. To be developed by Toyota subsidiary Woven Planet. What will Arene do?
- Control of the car itself, such as braking and steering
- Navigation systems
- Traffic information handling
- Updating of software Over the Air (meaning using cellular network. See note below – Toyota is being sued for this capability in its current car range – see below).
What’s the benefit of a platform – other than the capture of a lot of data (which would in itself be a motivation to become a platformer)? Current cars have ECU (Electronic Control Units) which have software installed in them. There are said to be about 30 pieces of software in any one car at present and these push up the costs. Having a foundational operating system means only one software is necessary to operate the car.
Energy
Bill Gates-backed new form of solar energy company Heliogen goes public
…It concentrates solar rays by using AI – it has huge potential for industrial use as it can heat to temperatures beyond 1000 Celsius, which makes it ideal for industrial use, such as generation of hydrogen, a key component for Green Tech (See Tech News Digest of 11 October). The company expects to facilitate industries to decarbonise AND save money, at a time the world demands more energy and without pollution. A spokesperson has described it has a game-changer. Click on the title and see what it looks like.
Gaming
German Cheat code sellers sued in Central District of California by publishers of popular game Call of Duty
…Plaintiff Activation Blizzard says that it loses business because non-cheating players quit in frustration and also availability of cheat codes causes harm to its reputation.
Causes of action are: Trafficking in Circumvention Devices (violates Circumvention of copyright protection systems, Digital Millenium Copyright Act) and Intentional interference with contractual relations, Unfair Competition. There have been similar cases, including those involving Epic, the publisher of popular game Fortnite against a YouTuber who published cheat codes on YouTube.
Green Agenda
US Copyright Office recommendation allowing users to circumvent technological measures for repair and maintenance can be dangerous
…for patient safety when applied to medical devices, it has been commented. What if the calibrations for the medical device is not quite right? I think there are probably safety implications for other items which are being considered as well (eg. Autos). In the process of repairing an electronic component it could also compromise security measures, it has been said. The Copyright Office recommendation can be reached here: https://www.govinfo.gov/content/pkg/FR-2021-10-28/pdf/2021-23311.pdf
NFT
Largest NFT market OpenSea freezes stolen assets
…Bored Apes among assets that were stolen from the “hot wallet” (digital wallet that is accessible from devices that are connected to the internet – cf cold wallet or cold storage which is a physical device that keeps your crypto safe offline so it can’t be hacked) of an art gallery in New York. The gallery tweeted the theft and OpenSea froze the stolen assets. Cue outcry. Why is this? Because NFT = web3 = decentralization. The code should be the law – one software engineer says. It shouldn’t be possible to centrally intervene. But in practice, it is not entirely centralised because you need Open Sea API to actually visualise the NFT. This means that the protocol is open, but things have to be built on top of it to be usable, meaning platforms, that is the entity that centrally controls the relevant blockchain always win out.
National Security
UK’s got new power to intervene in transactions with national security implications
…This is because on 4 January 2022, the UK’s National Security and Investment Act (the “NSI Act”) enters into full force. NSI Act may apply to corporate restructures and reorganisations, even if the transaction takes place within the same corporate group.
For certain transactions where the target entity has activities in 17 defined areas of the UK economy, a mandatory notification requirement will apply. These are:
advanced materials; advanced robotics; artificial intelligence; civil nuclear; communications; computing hardware; critical suppliers to the UK government; cryptographic authentication; data infrastructure; defence; energy; military and dual-use; quantum technologies; satellite and space technologies; suppliers to the emergency services; synthetic biology; and transport.
In short, any areas which are a bit sexy or obviously national security related. This is wide-ranging Major consequences are due if not complied with.
Patents
US International Trade Commission (ITC) bans Google from importing Google Home smart speakers, Chromecast streaming devices and Pixel phones and computers into the US because it infringes Sonos patents
…but the injunction is limited. It comes 2 years after the Sonos filing during which it has been found that Google has managed to re-design. The commission’s decision is subject to review by the White House. Sonos urged the ITC to overturn the finding that the re-designs are non-infringing, saying that it allows Google to non-infringe by making “trivial” modification to the software. The interesting point here is that, even where the patent claims are ostensibly targeted to hardware these days, it is the software that dictates patent infringement. Changes can therefore be made to the software so that they are non-infringing, which is much simpler than having to make changes to the components of the products. Note that ITC cannot order damages.
There are other ITC cases between Sonos and Google as well as parallel litigation in Germany, France and the Netherlands.
Patent Pools utilising AI to operate are launched
…It was always a matter of time. Some say AI is still too unreliable, but even if critics are right about that, it will happen in earnest at some point.
Alium – this is a patent pool for Open RAN (see 8 November Tech News Digest on this technology), driven by MPEG-LA and Unified Patents. They are using AI to decide how royalties collected should be split among the various licensors in the patent pool.
IPwe – this is a blockchain focused start-up. AI is to be used to decide on the quality of the patents (not necessarily standard related patents) and licence fee allocation among licensors. The advantages are to cut down on expensive expert fees to carry out analysis of patents (eg. whether the patent reads on a standard which means all devices implementing that standard (eg. 4G) will infringe and therefore dealers will need to pay a licence) or how valuable any particular patent/patent portfolio is (not all patents are created equal – some cover more valuable technology than others).
Quantum Computing
US’s National Institute of Science and Technology (NIST) expected to select the algorithms to be standardised perhaps this month – to combat vulnerabilities to encryption as a result of Quantum Computing implementation
…In short, when quantum computing technology become realised for use, a lot of the encryption methods used (eg. for payment, logging in, electronic signatures – one well known encoding method is called the RSA and has been around for decades) will become decodable. NIST has been working on creating standards for new algorithms strong enough to withstand attacks by quantum computers. The actual standards will be crystalised in 2024, it is said. Software will require updating to reflect the new encoding method before quantum computing technology becomes mature enough (projected to be after 2030).
Trade Secrets
UK High Court hears case about copyright infringement of algorithm concerning price saving on airfares
…The point I want to make here is that cases of this nature is likely to increase as AI gets implemented in many more services in the future years.
It isn’t entirely clear whether it is a copyright case, not a trade secret case or both – interested readers should do a further internet search. Spanish start up Trappit says that GBT (JV with AmEx and Private Equity firm) stole the computer code when it demonstrated its system to GBT in relation to discussions about acquiring the business, only then later to back out of it having stolen the software design. GBT said all information disclosed to it is a trade secret. The defendants say the algorithm is well known.
Interestingly, it is reported that the claimant was assigned the rights and has sued GBT – the assignor (another Trappit company) appears to have a confidentiality agreement with GBT which prohibits it from suing GBT, but the assignee was held not to be bound by it. There may be some drafting errors here.
Voice over IP
Estech – Texas based patent holder sues Toyota and BMW over VoIP patents in Texas
…Look at the titles of the patents to glean the technology: dialing using caller ID, quality of service in a voice over IP telephone system, voice mail in a voice over IP telephone system, phone directory in a voice over IP telephone system.
You get the gist. This isn’t surprising. This sort of technology will determine user experience in EV and homes. Plus, see the next clip.
Amazon says it is moving from e-Commerce to services through devices
…So said Senior Vice President of Devices and Services at Amazon. A lot of the functionalities rely on VoIP.
Alexa – people are using it to control the home without having to reach out the mobile. Alexa is being used to re-order and create lists.
EVs – provision of in-cabin software for Stellantis (owns Abarth, Alfa Romeo, Chrysler, Citroën, Dodge, DS, Fiat, Fiat Professional, Jeep, Lancia, Maserati, Opel, Peugeot, Ram and Vauxhall, and Mopar brands). You can tell the car to drive to the “nearest Starbucks”.
Ringo – home security
Astro Robot – launched in September 2021, it is a household robot. It has been described as Alexa on wheels. It can check whether the hob is turned on, bring drinks to you (but someone will have to load the robot with the drink), check everything is OK in the house, and if not, sound an alarm. Amazon has stated that all data storage and processing will happen locally. Click on the link and see the demo on YouTube.
Fire TV devices – provides more streaming than ever as people are stuck in their homes during the pandemic.
Surgical equipment and implant maker Stryker buys Vocera, a communication service platform and provider in the healthcare space
…Vocera provides among other things hands-free (ie: no need to carry a smart phone) real time voice communication device particularly in the health care sector (although not confined to this sector) allowing users to communicate freely (critical for health professionals and patients) with a platform that enables sharing of information easily. This business was purchased by Stryker. The provision of such services, enabling remote communication is important (i) in the pandemic as everything goes digital, and (ii) when dealing with patients where timing of such communication can be critical, has potential of being very lucrative.
In the Spotlight
What’s going on in the largest tech exhibition, CES (formerly called Consumer Electronics Show)?
…CES is one of the biggest events in the world of tech where leading businesses showcase their technical prowess to the world. It was reported that compared to 2020, this year’s CES businesses in mobility increased by 30%, being approximately 200 companies. Other notable areas included space and crypto assets. Having said this the pandemic have dented the number of companies exhibiting to less than half compared to pre-pandemic numbers, with Amazon, Google, Waymo, Microsoft, Lenovo, GM being notable absentees.
Sony enters EV market
…Though it says it’s just “exploring”. Their prototype Vision S-Sedan unveiled two years ago, has been tested in Europe in 2020. The market understood Sony was wishing to showcase batteries and sensors. The new business will be called Sony Mobility. They might have a massive advantage in the infotainment arena. Sony itself will design the EV, and provide the user experience (image processors, audio, wireless communication, entertainment) whilst manufacturing will be contracted out to Magna Steyr (AT), and car parts to Continental and Bosch (DE).
Qualcomm’s vision in EV
…Qualcomm considers that the EV industry requires the digital chassis which will be the service platform (Snapdragon ride) for EV, dealing with connectivity with the cloud, data analytics, security, ADAS and autonomous driving as well as infotainment. Earlier its partnership with BMW was announced, and now GM, Hyundai Volvo, Renault and Honda. Qualcomm considers that soon, digital experience will become the most important aspect of car ownership with prospects of profiting more from the provision of services than the sales of car themselves. I think that could be said of other types of products and services – see the Stryker/Vocera deal reported above.
Qualcomm has also announced a collaboration with Microsoft to make Next Generation Augmented Reality chips for the Metaverse and for the PC. Qualcomm have the technology related to connectivity and spatial computing. The new chip is designed to enable the creation of power efficient and light AR glasses.
In relation to PCs, as 5G becomes integrated to mobile, there is much more interest in boosting a PC’s connectivity (especially cloud connectivity), portability, AI, Camera, multimedia and power for productivity and entertainment. The latter aspect is important for gaming. Laptops such as Acer, Lenovo, HP contain Qualcomm chips.