Friday, April 12, 2013

Post #23: Multiple Design Patents for One Idea

The value in Intellectual Property only seems to increase as time goes on.  Previously, people who patented designs just focused on the entire design versus the many different aspects that actually go into it.   Now, since there is the possibility of literally getting sued for whatever reason, people want to make sure they are protected and have the ability to do the suing themselves as well.  People want to protect what the invented and have the capability to determine what happens with the overall end product or design.

I think it is good that these people are patenting multiple parts of the design patent because they are rightfully protecting what is theirs.  If they weren't, someone could claim ownership of their design since it was included in the overall "package" of the original patent.  However, you could also claim that this is a waste of time for the USPTO since they are already backlogged by thousands of patents.  Instead of having to review six different patents they would just need to review one.  There are pros and cons to each approach, however, it must be up to the person filing the patent to ultimately make that decision.

Post #22: Sony vs. Red Digital - Patent War!

Sony has entered into a patent war that it may not win...  Jim Jannard who owns both Oakley and the company that Sony is suing Red Digital Cinema, a company that makes professional digital video cameras for a very expensive price, have entered into a very strategic litigation scandal.  Sony is making the claim that Red Digital infringes on seven different patents which all claim priority back to original applications filed in Japan.  However, it has just been exposed that Sony's complaint is actually an action to attack Red Japan back because Red had actually claimed infringement against Sony back in December.  This just further demonstrates almost the childish nature of the patent war since if one company does it, another wants to quickly follow suit.

I say that Sony may lose this time because Red has the advantage.  Since Oakley is a company that focuses on sunglasses, they have faced countless lawsuits most likely centered around bootleg copies.  Even though Sony has also fought in its fair share of patent litigation cases, Jim Jannard has a much closer relationship to this kind of battle since he seems to be more familiar on the prosecuting end.  Having been on both ends of litigation gives him the distinct advantage of knowing where the prosecution may attack.

This is the first time I have written about Sony -- it is nice to get a breath of fresh air and not just talk about Apple, Samsung or Google.