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Apple

The Late-Night Email To Tim Cook That Set the Apple Watch Saga in Motion (bloomberg.com) 48

Apple's hiring of a key engineer 10 years ago helped spark a fight that led its watch to be banned from the US. From a report: At about 1 a.m. California time in 2013, a scientist emailed Apple Chief Executive Officer Tim Cook with an irresistible pitch. "I strongly believe that we can develop the new wave of technology that will make Apple the No. 1 brand in the medical, fitness and wellness market," he wrote in the email, which was later included in legal documents. Some 10 hours after the message was sent, an Apple recruiter was in touch. And just weeks after that, the engineer was working at the tech company on a smartwatch with health sensors.

A flurry of activity began. Within a few months at Apple, the employee asked the company to file about a dozen patents related to sensors and algorithms for determining a person's blood-oxygen level from a wearable device. But this wasn't just any engineer. He had been the chief technical officer of Cercacor Laboratories, the sister company of Masimo, which went on to get to the US to ban the Apple Watch. Apple's decision to hire this technical whiz -- a Stanford engineering Ph.D. named Marcelo Lamego -- is seen as the spark that sent Masimo's lawyers after Apple. While the iPhone maker denies it did anything wrong, Masimo cited the poaching of employees as part of claims that the iPhone maker infringed its patents. The dispute culminated this month in Apple having to pull its latest watches from the company's US stores, hobbling a business that generates roughly $17 billion in annual sales.
On Wednesday, Apple scored a victory as a U.S. appeals court paused a government commission's import ban on some of its popular Apple smartwatches.
AI

AI Cannot Be Patent 'Inventor,' UK Supreme Court Rules in Landmark Case (reuters.com) 29

A U.S. computer scientist on Wednesday lost his bid to register patents over inventions created by his artificial intelligence system in a landmark case in Britain about whether AI can own patent rights. From a report: Stephen Thaler wanted to be granted two patents in the UK for inventions he says were devised by his "creativity machine" called DABUS. His attempt to register the patents was refused by Britain's Intellectual Property Office on the grounds that the inventor must be a human or a company, rather than a machine. Thaler appealed to the UK's Supreme Court, which on Wednesday unanimously rejected his appeal as under UK patent law "an inventor must be a natural person."

"This appeal is not concerned with the broader question whether technical advances generated by machines acting autonomously and powered by AI should be patentable," Judge David Kitchin said in the court's written ruling. "Nor is it concerned with the question whether the meaning of the term 'inventor' ought to be expanded ... to include machines powered by AI which generate new and non-obvious products and processes which may be thought to offer benefits over products and processes which are already known." Thaler's lawyers said in a statement that "the judgment establishes that UK patent law is currently wholly unsuitable for protecting inventions generated autonomously by AI machines."

Patents

Apple To Pause Selling New Versions of Its Watch After Losing Patent Dispute (nytimes.com) 36

An anonymous reader quotes a report from the New York Times: Apple said on Monday that it would pause sales of its flagship smartwatches online starting Thursday and at retail locations on Christmas Eve. Two months ago, Apple lost a patent case over the technology its smartwatches use to detect people's pulse rate. The company was ordered to stop selling the Apple Watch Series 9 and Watch Ultra 2 after Christmas, which could set off a run on sales of the watches in the final week of holiday shopping. The move by Apple follows a ruling by the International Trade Commission in October that found several Apple Watches infringe on patents held by Masimo, a medical technology company in Irvine, Calif.

In court, Masimo detailed how Apple poached its top executives and more than a dozen other employees before later releasing a watch with pulse oximeter capabilities -- whichmeasures the percentage of oxygen that red blood cells carry from the lungs to the body -- that were patented by Masimo. To avoid a complete ban on sales, Apple had two months to cut a deal with Masimo to license its technology, or it could appeal to the Biden administration to reverse the ruling. But Joe Kiani, the chief executive of Masimo, said in an interview that Apple had not engaged in licensing negotiations. Instead, he said that Apple had appealed to President Biden to veto the I.T.C. ruling, which Mr. Kiani knows because the administration contacted Masimo about Apple's request. "They're trying to make the agency look like it's helping patent trolls," Mr. Kiani said of the I.T.C.

Mr. Kiani said that he was willing to sell Apple a chip that Masimo had designed to provide pulse oximeter readings on the Apple Watch. The chip is currently in a Masimo medical watch, called the W1, that is approved by the Food and Drug Administration. The device uses algorithms to process red and near-infrared light to determine how oxygen-rich is the blood in arteries. "If they don't want to use our chip, I'll work with them to make their product good," Mr. Kiani said. "Once it's good enough, I'm happy to give them a license." Apple introduced its first watch with pulse oximetry in 2020. It has included the technology, which it calls "blood oxygen," in subsequent models. But unlike Masimo's W1 device, Apple hasn't had its watches cleared by the F.D.A. for use as a medical device for pulse oximetry.
"The Apple Watch accounts for nearly $20 billion of the company's $383.29 billion in annual sales," notes the NYT. The company is the largest smartwatch seller in the world, accounting for about a third of all smartwatch sales.
Patents

White House Threatens Patents of High-Priced Drugs (apnews.com) 151

The Biden administration is threatening to cancel the patents of some costly medications to allow rivals to make their own more affordable versions. The Associated Press reports: Under a plan announced Thursday, the government would consider overriding the patent for high-priced drugs that have been developed with the help of taxpayer money and letting competitors make them in hopes of driving down the cost. In a 15-second video released to YouTube on Wednesday night, President Joe Biden promised the move would lower prices. "Today, we're taking a very important step toward ending price gouging so you don't have to pay more for the medicine you need," he said.

White House officials would not name drugs that might potentially be targeted. The government would consider seizing a patent if a drug is only available to a "narrow set of consumers," according to the proposal that will be open to public comment for 60 days. Drugmakers are almost certain to challenge the plan in court if it is enacted. [...] The White House also intends to focus more closely on private equity firms that purchase hospitals and health systems, then often whittle them down and sell quickly for a profit. The departments of Justice and Health and Human Services, and the Federal Trade Commission will work to share more data about health system ownership.

While only a minority of drugs on the market relied so heavily on taxpayer dollars, the threat of a government "march-in" on patents will make many pharmaceutical companies think twice, said Jing Luo, a professor of medicine at University of Pittsburgh. "If I was a drug company that was trying to license a product that had benefited heavily from taxpayer money, I'd be very careful about how to price that product," Luo said. "I wouldn't want anyone to take my product away from me."

Transportation

Hyundai and Kia's New 'Uni Wheel' Drive System Could Revolutionize EV Design (electrek.co) 195

"Two articles from Electrek and InsideEVs describe Hyundai and Kia's new 'Uni Wheel' drive system that could revolutionize EV design," writes longtime Slashdot reader Uncle_Meataxe. From a report: Described by its makers as a "paradigm-shifting vehicle drive system," the Uni Wheel moves the main drive system components to the vacant space within an EVs wheel hubs. The approach utilizes a planetary gear configuration consisting of a sun gear in the center, four pinion gears on each side, and a ring gear surrounding everything. Traditional ICE vehicles utilize CV joints, but by moving them closer to the wheels requires a short drive train length and as a result, a decrease in efficiency and durability -- especially over bumpy terrain. Hyundai and Kia's Uni Wheel system on the other hand, can transmit power with almost zero changes to efficiency, regardless of wheel movement. "Advantages include more platform space and more room within an EV's interior," adds Uncle_Meataxe. "When this system may be integrated into an actual EV remains unclear, but Kia and Hyundai have already registered eight patents related to the technology." You can learn more about the new drive system via an instructional video on YouTube.
AI

AI Chip Contenders Face Daunting 'Moats' 28

Barriers to entry in an industry dominated by TSMC and Nvidia are very high. From a report: In the drama that has just played out in Silicon Valley over the future of OpenAI, one side plot concerned an ambitious chip venture by its chief executive Sam Altman. Before he was ousted and reinstated to the helm of the company, Altman had sought to raise as much as $100bn from investors in the Middle East and SoftBank founder Masayoshi Son to build a rival to compete with sector giants Nvidia and Taiwan Semiconductor Manufacturing Co. This would be a vast undertaking. And one where $100bn may not go very far. Given that the US chip designer and Taiwanese chipmaker are critical to all things generative AI, Altman is unlikely to be the only one with hopes of taking them on. But the barriers to entry -- moats in Silicon Valley parlance -- are formidable.

Nvidia has about 95 per cent of the markets for GPU, or graphics processing units. These computer processors were originally designed for graphics but have become increasingly important in areas such as machine learning. TSMC has about 90 per cent of the world's advanced chip market. These businesses are lucrative. TSMC runs on gross margins of nearly 60 per cent, Nvidia at 74 per cent. TSMC makes $76bn in sales a year. The impressive figures make it seem as though there is plenty of room for more contenders. A global shortage of Nvidia's AI chips makes the prospect of vertical integration yet more attractive. As the number of GPUs required to develop and train advanced AI models grows rapidly, the key to profitability for AI companies lies in having stable access to GPUs.

[...] It is one thing for companies to design customised chips. But Nvidia's profitability comes not from making chips cost-efficient, but by providing a one-stop solution for a wide range of tasks and industries. For example, Nvidia's HGX H100 systems, which can go for about $300,000 each, are used to accelerate workloads for everything from financial applications to analytics. Coming up with a viable rival for the HGX H100 system, which is made up of 35,000 parts, would take much more than just designing a new chip. Nvidia has been developing GPUs for more than two decades. That head start, which includes hardware and related software libraries, is protected by thousands of patents. Even setting aside the challenges of designing a new AI chip, manufacturing is where the real challenge lies.
Patents

Lenovo Seeks Halt of Asus Laptop Sales Over Alleged Patent Infringement (arstechnica.com) 20

Lenovo has filed a lawsuit against Asus, claiming that the company's laptops infringe on four of their patents. "Lenovo is seeking damages and for Asus to stop selling Zenbook laptops and other allegedly infringing products in the U.S.," reports Ars Technica. From the report: The lawsuit [PDF] centers on four patents. The first, entitled "Methods and apparatus for transmitting in resource blocks" was issued in 2021 and relates to minimizing the delay experienced during an uplink package transmission by reducing the number of steps for a wireless device to upload data. Lenovo's lawsuit, which uses Asus' Zenbook Pro 14 OLED (UX6404) as an example of an allegedly infringing product, also claims Asus is selling laptops that violate the wireless wake-on-LAN power management patent issued to Lenovo in 2010.

Another patent Lenovo is suing over was issued in 2010 and entitled "Touchpad diagonal scrolling." It allows users to "initiate a diagonal scroll at any location on a touchpad by using two fingers," the lawsuit says. Finally, Lenovo is upset about Asus' purported infringing of its "Dual shaft hinge with angle timing shaft mechanism" patent rewarded in 2014. Lenovo describes it as a hinge block enabling 2-in-1 laptops to go from clamshell mode to tablet mode. For this accused patent infringement, Lenovo's lawsuit points to Asus' Zenbook Flip 14 UX461, which Asus advertises as having a 360-degree "ErgoLift" hinge that "lifts and tilts the keyboard into the perfect typing position when the display is rotated into laptop mode."

As noted by The Register today, in a letter to the ITC dated November 15 [PDF], Lenovo said it wants Asus to "cease and desist from marketing, advertising, distributing, offering for sale, selling, or otherwise transferring, including the movement or shipment of inventory" products that infringe upon the four patents in question. In a further dig, Lenovo added that a limited exclusion order wouldn't harm US consumers or competition, due to Asus' smaller market share. According to the IDC, Asus represented about 7.1 percent of the PC market (which includes laptops and desktops) in Q3 2023. Lenovo led at 23.5 percent.

China

Huawei and Tencent Spearhead China's Hold on Cybersecurity Patents (nikkei.com) 28

China's presence is growing in cybersecurity technology, with companies such as Huawei and Tencent accounting for six of the top 10 global patent holdings in the sector as of August. From a report: Chinese companies have made headway in technological fields that affect economic security, according to industry insiders, as they focus on fostering their own tech amid the growing standoff between the U.S. and China. The rankings, compiled by Nikkei in cooperation with U.S. information services provider LexisNexis, are based on patents registered in 95 countries and regions, including Japan, the U.S., China and the European Union. Patent registrations were screened for the cybersecurity field using such factors as the international patent classification, with filings of the same patent in multiple countries counted as a single patent.

As of August, IBM led the rankings with 6,363 patents. Huawei Technologies came in second with 5,735 patents and Tencent Holdings placed third with 4,803. Other Chinese companies in the top 10 included financial services provider Ant Group in sixth with 3,922 patents, followed by power transmission company State Grid Corp. of China with 3,696, Alibaba Group Holding with 3,122 and sovereign wealth fund China Investment with 3,042. Patent applications filed by Chinese companies have increased since around 2018, when the U.S. began to impose full-scale export controls on Chinese high-tech companies. Compared with 10 years ago, IBM's patent holdings increased by a factor of 1.5. In contrast, holdings for Huawei and Tencent were 2.3 times and 13 times higher, respectively.

Microsoft

When Linux Spooked Microsoft: Remembering 1998's Leaked 'Halloween Documents' (catb.org) 59

It happened a quarter of a century ago. The New York Times wrote that "An internal memorandum reflecting the views of some of Microsoft's top executives and software development managers reveals deep concern about the threat of free software and proposes a number of strategies for competing against free programs that have recently been gaining in popularity." The memo warns that the quality of free software can meet or exceed that of commercial programs and describes it as a potentially serious threat to Microsoft. The document was sent anonymously last week to Eric Raymond, a key figure in a loosely knit group of software developers who collaboratively create and distribute free programs ranging from operating systems to Web browsers. Microsoft executives acknowledged that the document was authentic...

In addition to acknowledging that free programs can compete with commercial software in terms of quality, the memorandum calls the free software movement a "long-term credible" threat and warns that employing a traditional Microsoft marketing strategy known as "FUD," an acronym for "fear, uncertainty and doubt," will not succeed against the developers of free software. The memorandum also voices concern that Linux is rapidly becoming the dominant version of Unix for computers powered by Intel microprocessors.

The competitive issues, the note warns, go beyond the fact that the software is free. It is also part of the open-source software, or O.S.S., movement, which encourages widespread, rapid development efforts by making the source code — that is, the original lines of code written by programmers — readily available to anyone. This enables programmers the world over to continually write or suggest improvements or to warn of bugs that need to be fixed. The memorandum notes that open software presents a threat because of its ability to mobilize thousands of programmers. "The ability of the O.S.S. process to collect and harness the collective I.Q. of thousands of individuals across the Internet is simply amazing," the memo states. "More importantly, O.S.S. evangelization scales with the size of the Internet much faster than our own evangelization efforts appear to scale."

Back in 1998, Slashdot's CmdrTaco covered the whole brouhaha — including this CNN article: A second internal Microsoft memo on the threat Linux poses to Windows NT calls the operating system "a best-of-breed Unix" and wonders aloud if the open-source operating system's momentum could be slowed in the courts.

As with the first "Halloween Document," the memo — written by product manager Vinod Valloppillil and another Microsoft employee, Josh Cohen — was obtained by Linux developer Eric Raymond and posted on the Internet. In it, Cohen and Valloppillil, who also authored the first "Halloween Document," appear to suggest that Microsoft could slow the open-source development of Linux with legal battles. "The effect of patents and copyright in combating Linux remains to be investigated," the duo wrote.

Microsoft's slogain in 1998 was "Where do you want to go today?" So Eric Raymond published the documents on his web site under the headline "Where will Microsoft try to drag you today? Do you really want to go there?"

25 years later, and it's all still up there and preserved for posterity on Raymond's web page — a collection of leaked Microsoft documents and related materials known collectively as "the Halloween documents." And Raymond made a point of thanking the writers of the documents, "for authoring such remarkable and effective testimonials to the excellence of Linux and open-source software in general."

Thanks to long-time Slashdot reader mtaht for remembering the documents' 25th anniversary...
The Courts

Nokia Sues Amazon From US To India Over Streaming-Tech Patents (bloomberg.com) 9

Nokia sued Amazon in courts across three continents, alleging the e-commerce giant uses its technologies in streaming services and devices without authorization. From a report: The suits were filed in the US, Germany, India, the UK, and the European Unified Patent Court, Arvin Patel, Nokia's Chief Licensing Officer said in a statement on the company's website. Separately, a suit was also filed against HP in the US over video-related technologies, he said.
Patents

Apple Watch Faces Potential Import Ban In the US (androidauthority.com) 24

Apple is in violation of a patent that belongs to medical technology company Masimo, says the International Trade Commission (ITC). Android Authority reports: The commission upheld a previous ruling by a US judge who ruled in Masimo's favor. The patent in question is for light-based pulse oximetry technology or blood oxygen tracking on Apple Watches. While ITC's latest ruling confirms Apple's infringement and can potentially stop the company from bringing Apple Watches to the US, it will not come into effect immediately. The decision now faces a Presidential review and could be followed by possible appeals by Apple.

The Biden administration will have 60 days to veto the import ban on Apple Watches. However, as Reuters notes, US Presidents have rarely vetoed bans in the past. It's unclear which models of the Apple Watch could be affected by the ban if it comes into effect. However, Masimo's complaint alleged that the Apple Watch 6, the first one to feature blood oxygen tracking, violated its patent.
"Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of U.S. consumers while making way for their own watch that copies Apple," an Apple spokesperson told Reuters. "While today's decision has no immediate impact on sales of Apple Watch, we believe it should be reversed, and will continue our efforts to appeal."

Meanwhile, Masimo CEO Joe Kiani said the ITC's ruling "sends a powerful message that even the world's largest company is not above the law."
China

China Widens Lead Over US in AI Patents After Beijing Tech Drive (bloomberg.com) 33

China is increasing its lead over the US in AI patent filings, underscoring the Asian nation's determination to shape and influence a technology that could have broad implications for the world's richest economies. From a report: Chinese institutions applied for 29,853 AI-related patents in 2022, climbing from 29,000 the year prior, according to data that the World Intellectual Property Organization provided to Bloomberg News. That's almost 80% more than US filings, which shrank 5.5%. Overall, China accounted for more than 40% of global AI applications over the past year, the data from the United Nations-affiliated agency showed. Japan and South Korea rounded out the 2022 leaders, with a combined 16,700 applications. The numbers illustrate how Beijing has pushed Chinese companies and agencies to gain an edge in areas such as chipmaking, space exploration and military sciences. More recently, President Xi Jinping has ordered the nation to accelerate fundamental research in response to US efforts to curtail its access to advanced technologies. That's triggered a flood of investment by Chinese companies in AI and quantum computing.
News

Martin Goetz, Who Received the First Software Patent, Dies at 93 35

Martin Goetz, who joined the computer industry in its infancy in the mid-1950s as a programmer working on Univac mainframes and who later received the first U.S. patent for software, died on Oct. 10 at his home in Brighton, Mass. He was 93. The New York Times: His daughter Karen Jacobs said the cause was leukemia. In 1968, nearly a decade after he and several other partners started the company Applied Data Research, Mr. Goetz received his patent, for data-sorting software for mainframes. It was major news in the industry: An article in Computerworld magazine bore the headline "First Patent Is Issued for Software, Full Implications Are Not Known." Until then, software had not been viewed as a patentable product, one that was bundled into hulking mainframes like those made by IBM. Ms. Jacobs said her father had patented his own software so that IBM could not copy it and put it on its machines.

"By 1968, I had been involved in arguing about the patentability of software for about three years," Mr. Goetz said in an oral history interview in 2002 for the University of Minnesota. "I knew at some point in time the patent office would recognize it." What Mr. Goetz called his "sorting system" is believed to have been the first software product to be sold commercially, and his success at securing a patent led him to become a vocal champion of patenting software. The programs that instruct computers on what to do, he said, were often as worthy of patents as the machines themselves. The issuance of Mr. Goetz's patent "helped managers, programmers and lawyers at young software firms feel as if they were forming an industry of their own -- one in which they were creating products that were potentially profitable and legally defensible as proprietary inventions," Gerardo Con Diaz, a professor of science and technology studies at the University of California, Davis, wrote in the 2019 book "Software Rights: How Patent Law Transformed Software Development."
Further reading, from Slashdot archive: Recipient of First Software Patent Defends Them (2009).
United States

US Chip Curbs Give Huawei a Chance To Fill the Nvidia Void In China (reuters.com) 23

An anonymous reader quotes a report from Reuters: U.S. measures to limit the export of advanced artificial intelligence (AI) chips to China may create an opening for Huawei to expand in its $7 billion home market as the curbs force Nvidia to retreat, analysts say. While Nvidia has historically been the leading provider of AI chips in China with a market share exceeding 90%, Chinese firms including Huawei have been developing their own versions of Nvidia's best-selling chips, including the A100 and the H100 graphics processing units (GPU).

Huawei's Ascend AI chips are comparable to Nvidia's in terms of raw computing power, analysts and some AI firms such as China's iFlyTek say, but they still lag behind in performance. Jiang Yifan, chief market analyst at brokerage Guotai Junan Securities, said another key limiting factor for Chinese firms was the reliance of most projects on Nvidia's chips and software ecosystem, but that could change with the U.S. restrictions. "This U.S. move, in my opinion, is actually giving Huawei's Ascend chips a huge gift," Jiang said in a post on his social media Weibo account. This opportunity, however, comes with several challenges.

Many cutting edge AI projects are built with CUDA, a popular programming architecture Nvidia has pioneered, which has in turn given rise to a massive global ecosystem that has become capable of training highly sophisticated AI models such as OpenAI's GPT-4. Huawei own version is called CANN, and analysts say it is much more limited in terms of the AI models it is capable of training, meaning that Huawei's chips are far from a plug-and-play substitute for Nvidia. Woz Ahmed, a former chip design executive turned consultant, said that for Huawei to win Chinese clients from Nvidia, it must replicate the ecosystem Nvidia created, including supporting clients to move their data and models to Huawei's own platform. Intellectual property rights are also a problem, as many U.S. firms already hold key patents for GPUs, Ahmed said. "To get something that's in the ballpark, it is 5 or 10 years," he added.

Patents

Cloudera Hit With $240 Million Patent Verdict Over Cloud-Storage Technology (reuters.com) 17

An anonymous reader quotes a report from Reuters: Patent owner StreamScale won a $240 million jury verdict in Waco, Texas, federal court on Friday in a patent case against data-management software company Cloudera. The jury said (PDF) after a four-day trial that Cloudera infringed three StreamScale patents related to cloud-based data storage technology. Cloudera said in a statement that it intends to challenge the decision and that it would not impact the company's customers.

StreamScale attorney Jason Sheasby called the verdict a "referendum on the importance of small inventors and small businesses." StreamScale owns patents for inventor Michael Anderson's "accelerated erasure coding" technology, which the company's complaint called a "cornerstone" of modern data storage. It sued Santa Clara, California-based Cloudera in 2021 for allegedly infringing several of its patents.

The lawsuit accused Cloudera's CDH open source data-management platform of violating StreamScale's patent rights. Cloudera argued its software worked in a different way than StreamScale's inventions and said that the patents were invalid. StreamScale also accused other companies, including Intel, of infringing its patents in the 2021 lawsuit. Intel filed a separate lawsuit later that year arguing that StreamScale's allegations violated a non-disclosure agreement.

The Courts

Caltech Ends Its Wi-Fi Lawsuit Against Apple and Broadcom (theverge.com) 29

An anonymous reader shared this report from the Verge: Caltech has had some ups (winning $1.1 billion) and some downs (losing the $1.1 billion award and being ordered to a trial on damages) since suing Apple and Broadcom in 2016 over Wi-Fi patents. Reuters reported this week that Caltech is dropping its yearslong lawsuit against Apple and Broadcom, about two months after the companies came to a "potential settlement."

Caltech wrote in a filing with a US District Court in California that it would drop its claims "with prejudice," meaning it can't refile its case, and asked that Broadcom do so as well, stating later that Broadcom "does not oppose this request." Caltech also writes that it will dismiss its claims against Apple — again, "with prejudice."

The filing then says that Caltech "respectfully requests that all counterclaims asserted by Apple also be dismissed."

Patents

Federal Judge Throws Out $32.5 Million Win For Sonos Against Google; Google Starts Reintroducing Software Features It had Removed (techcrunch.com) 60

An anonymous reader quotes a report from TechCrunch: A California judge has thrown out a $32.5 million verdict win for Sonos against Google after two of Sonos' patents were deemed unenforceable and invalid. As a result, Google has started to re-introduce software features it had removed due to Sonos' lawsuit. In a decision dated October 6, U.S. District Judge William Alsup said that Sonos had wrongfully linked its patent applications for multi-room audio technology to a 2006 application in order to make them appear older and claim that its inventions came before Google's products, as first reported by Reuters.

"Sonos filed the provisional application from which the patents in suit claim priority in 2006, but it did not file the applications for these patents and present the asserted claims for examination until 2019," the decision (PDF) reads. "By the time these patents issued in 2019 and 2020, the industry had already marched on and put the claimed invention into practice. In fact, in 2014, five years before Sonos filed the applications and presented the claims, accused infringer Google LLC shared with Sonos a plan for a product that would practice what would become the claimed invention."

The decision states that the two companies were exploring a potential collaboration, but that it never materialized. Alsup goes on to note that Google began introducing its own products that featured multi-room audio technology in 2015, and also that Sonos waited until 2019 to pursue claims on the invention. "This was not a case of an inventor leading the industry to something new," Alsup wrote. "This was a case of the industry leading with something new and, only then, an inventor coming out of the woodwork to say that he had come up with the idea first — wringing fresh claims to read on a competitor's products from an ancient application."
"We recently made a change to speaker groups for Nest speakers, displays, and Chromecast where certain devices can only belong to one speaker group at a time in the Google Home app," the company wrote in a blog post. "A federal judge has found that two patents that Sonos accused our devices of infringing are invalid. In light of this legal decision we're happy to share that we will be rolling back this change."
Patents

Microsoft Patents Sensor-Filled, AI-Assisted Backpack 14

Microsoft has patented an AI-powered backpack design featuring a plethora of sensors that may include cameras, microphones, GPS, and a compass. Tom's Hardware reports: Additionally, Microsoft thinks it may be useful to add in LEDs and speakers, as well as a haptic actuator, into the straps. Some real-time processing is deemed necessary to the smart wearable. Thus, various recognition modules are proposed to provide image, text, speech, facial, and cognitive recognition. As well as real-time monitors feeding data to the built-in processing power for AI smarts, the system housed in the backpack also will boast a recording device (using on-board storage), wireless connectivity, battery power / charging and more.

With all the above sensing and processing on your person, in the backpack, it is envisioned that wearers will benefit from AI enhanced object identification and analysis, nearby device interaction, and be able to gain contextual insights. A flow chart shows how the backpack and its data feed might work alongside personal computers and cloud servers. Other illustrations show the wandering backpack wearer navigating a ski resort, and checking out supermarket prices, as well as considering booking concert tickets. Sometimes the user may interact with the backpack's on-board AI via speech, e.g. "Hey Backpack, add this poster to my calendar." Alternatively some AI actions or contextual tasks may be instigated by interacting with sensors on the straps.
You can view the patent application here.
Blackberry

Veritas Makes a Takeover Offer for BlackBerry (reuters.com) 20

Private equity firm Veritas Capital has made an offer to buy Canadian software company BlackBerry, Reuters reported Friday, citing a person familiar with the matter. From the report: BlackBerry had said in May it would conduct a review of strategic alternatives, which could includes the possible separation of one or more of its businesses. Founded in 1984, the company currently makes software for cars and cybersecurity. It became popular for its ubiquitous business smartphones, toted by executives, politicians and legions of fans in the early 2000s. It pulled the plug on its smartphones business last year and has since been trying to sell its legacy patents related to its mobile devices.
AI

AI-Generated Art Cannot Receive Copyrights, US Court Says 57

A U.S. court in Washington, D.C. today has ruled that artwork created by artificial intelligence without any human input cannot be copyrighted under U.S. law. Reuters reports: Only works with human authors can receive copyrights, U.S. District Judge Beryl Howell said on Friday, affirming the Copyright Office's rejection of an application filed by computer scientist Stephen Thaler on behalf of his DABUS system. The Friday decision follows losses for Thaler on bids for U.S. patents covering inventions he said were created by DABUS, short for Device for the Autonomous Bootstrapping of Unified Sentience. Thaler has also applied for DABUS-generated patents in other countries including the United Kingdom, South Africa, Australia and Saudi Arabia with limited success.

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