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Trade in patents and patent law, particularly in the U.S.

2012-07-02
Andrew (Gabriel) Livshits

As has been repeatedly pointed out, the practice of recognizing the innovative invention of the object is not a purely technical solution, and includes software and algorithms, leads to the fact that a patent application is very difficult to distinguish from each other

This leads to the fact that the companies producing the same type of products are almost always in a state of permanent struggle for the recognition of their product is the appropriate priority criteria of novelty

At the time, as the distinctive features of these inventions can not be clearly understood and accepted by mid-level professionals in the process of hard struggle take legal departments, and unfortunately all of the associated verbiage is no way to be part of the innovation process, everything turns into a trivial struggle and competition lawyers and resources with each other

As has been reported, such a struggle brings considerable damage to this innovative movement and one of the aspects of such a negative confrontation of innovative companies is the emergence of companies that have nothing to do with innovation, but simply buy up patents for what would be manipulated in various legal proceedings

Examples of such control are made public almost every day:

Google has filed against Nokia and Microsoft claims the European Union antitrust authorities, according to The Wall Street Journal.

The discontent caused by Google deal Microsoft and Nokia with the Canadian company Mosaid Technologies. The Alliance gave Mosaid rights for two thousand of its patents and patent applications, an agreement was concluded in 2011.

In Mosaid Technologies with no proper development; the company only dealt with trade in patents and protect intellectual property rights. Because of this, Google pile Mosaid "patent troll."

Google fears that uses Mosaid obtained patents in lawsuits against manufacturers of devices on Android.
According to the company, it can lead to higher prices for phones, as well as to ensure that producers in fear of legal prosecution abandon Android in favor of Windows Phone.

"Nokia and Microsoft have entered into an agreement to raise the prices of mobile devices - said in a statement, Google. - They create a" patent troll ", compromising data earlier promises."

The Verge Blog notes that, in terms of Google, in 1200 out of 2000 received Mosaid patents describe technologies that are important for the development of the mobile industry.

Such patents, according to the rules are licensed on "reasonable and non-discriminatory" (FRAND) terms.

Representatives from Nokia has not commented on the situation, while Microsoft representatives in an interview with

The Wall Street Journal reported that Google was also seen in the retention of rights to the "important" patents.

"It (Google - Approx." Lenty.ru ") complains about the monopoly of the industry's smart, and she supervises more than 95 percent of the mobile search and advertising," - said in a statement.

Nokia and Microsoft signed a cooperation agreement in 2011. Nokia started making smartphones Lumia-based operating system Windows Phone.

This operating system is competing in the market with the developed system Google Android.

According to research firm IDC, the share of operating systems Microsoft mobile market is about 2.2 percent, while the share of Android is equal to 59 percent.

At the same time fighting in the courtrooms, but not between research centers, continues

This fight will not take into account the opinion and desire of the consumer and as a result of this struggle, - replacement of products from the market by losing the court, thus depriving the consumer the possibility of free choice - he arrogantly impose product wins lawsuit

An example not long in coming:

California Judge Lucy Koh (Lucy Koh) has imposed a temporary ban on sales of smartphone Samsung Galaxy Nexus in the United States, the Associated Press.

Thus was fulfilled the requirement of Apple, which says that the device has been copied to the iPhone.

This is the second court victory for Apple in patent war with Samsung for less than a week. June 26 is the same Koch has banned the sale tablet Galaxy Tab, which, according to the plaintiff repeats the iPad.

The ban on the sale of the tablet and smartphone Samsung will be in effect until after the basic process of patent infringement.

The South Korean company said it was disappointed by this decision and will seek the return of American consumers access to its products in all ways, including attorneys.

Apple and Samsung are judged in many countries in April 2011. The first company believes that the products of the Galaxy series were blindly copied its products.

In the autumn Galaxy Tab 10.1 has been banned in Germany, but Samsung has released in this country, a slightly modified version of the tablet - Galaxy Tab 10.1N.

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