Intellectual Property CSE 403, Spring 2008, Alverson

Intellectual Property CSE 403, Spring 2008, Alverson

Disclaimer Disclaimer of Liability: With respect to the 403 Spring 2008 class, neither the staff or the University of Washington, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned CSE 403, Spring 2008, Alverson

From investorwords.com Intellectual Property Any intangible asset that consists of human knowledge and ideas. Most such assets cannot be recognized on a balance sheet when internally generated, since it is very difficult to objectively value intellectual property assets. They can, however, be included in a balance sheet if acquired, which allows a more accurate valuation for the asset (that is, the acquisition cost). CSE 403, Spring 2008, Alverson

Common forms of IP o o o o o Patents Copyrights Trade secrets Trademarks Contracts CSE 403, Spring 2008, Alverson

Cray XT Software IP includes Internal Cray IP o o o External IP, with fees o o o o Hardware management patents Proprietary cluster management software TM Apprentice2 performance tool Catamount OS, Sandia National Lab C, Fortran compiler, PGI Totalview parallel debugger, Etnus PBS Pro batch management tool, Veritas External IP, without fees o o o Linux PAPI gcc, gdb CSE 403, Spring 2008, Alverson

403 Project IP includes Prototype libraries GEMS .Net framework Mail library Mysql Own IP CSE 403, Spring 2008, Alverson

Who owns the IP of University projects? In the US, inventors traditionally own their inventions, although universities most often share the monetary returns from commercialization. CSE commercialization committee http://www.cs.washington.edu/commercialization/ UW office of technology transfer http://depts.washington.edu/techtran/ Key question is, “who is funding the work?” CSE 403, Spring 2008, Alverson

Patents Protect: innovations (processes, machines, products, phrases, algorithms ) Protect against: others making, using, selling innovation, even if they independently came up with it Requirements: novel, useful, non-obvious Term: 20 years from filing – typically must file within a year of being publicly disclosed Cost: relatively high, in time and cost How could you limit the risk of infringement? CSE 403, Spring 2008, Alverson

Patent ruling a win for eBay Patent on “Buy it Now” sales feature held by MercExchange and used by eBay MercExchange sued for patent infringement Supreme Court pushing back to lower court, but until decision, allows eBay to continue using the phrase Concern by court of large corporations held hostage to minor innovations (patent trolls) CSE 403, Spring 2008, Alverson May 16, 2006

Microsoft MP3 patent row looms over Apple Court ruled that Microsoft infringed on 15 patents owned by Alcatel-Lucent relating the MP3 music format (MP3 playback) in Windows Media Player Alcatel-Lucent had argued it co-developed the technology with Germany’s Fraunhofer Institute (FI). MS licensed through FI (for 16M) but not also AlcatelLucent. Damages were 1.52 BILLION Microsoft will appeal Bad news for Apple? itunes to ipod - dependency on MP3 technology CSE 403, Spring 2008, Alverson http://www.appleinsider.com/articles/07/02/25/ microsoft mp3 patent row looms over apple.html, Feb 25, 2007

Lucent accused of violating patents Lucent sued Dell/Gateway for patent infringement on innovations including controlling a computer with a stylus MS pledged to cover Dell/Gateway customer costs, filed to invalidate the patents or resolve that not infringed Lucent sued MS for infringement on video decoding technology MS countered with claim that Lucent infringed 10 of its patents CSE 403, Spring 2008, Alverson May 16, 2006

War chests Companies like to build a war chest of patents for just this reason (use aggressively or defensively) CSE 403, Spring 2008, Alverson

CSR settles Bluetooth dispute with WRF UW has 4 patents on technology (by an ugrad!) that appears to be used by cellphone manufacturers under the “Bluetooth” technology name Bluetooth technology is used in wireless activities – exchange info without wires – there are a number of patents surrounding the technology CSE 403, Spring 2008, Alverson

Washington Research Foundation (WRF) working on behalf of UW reached a licensing agreement with Broadcom, who uses the Bluetooth technology CSR (another cellphone manufacturer) did not want to license the technology. WRF filed a suite against CSR for patent infringement April 2007, CSR settled with WRF for 15M but remains to believe the suite was without merit CSE 403, Spring 2008, Alverson Ap 29, 2007 http://business.scotsman.com/latest.cfm?id 602482007

Copyrights Protect: expression of ideas on a tangible medium, not the ideas Protected against: reproduction, copy distribution, derivative work creation (NOT independent creation of the same or similar work) Requirements: original work, fixed in tangible form Term: author’s life 70 years Cost: simple, no registration How could you limit the risk of infringement? The fact that internally developed SW looks or performs like SW that is owned by others but accessed by internal developers may raise a question of copyright infringement. CSE 403, Spring 2008, Alverson

More facts on copyright Almost all things are copyrighted the moment they are written; No notice is required. Copyright software – contracts/licenses can provide permission to use copyright material The Theinformation informationin inthis thisemail emailand andsubsequent subsequentattachments attachmentsmay may contain Do you think posting someone else’s contain confidential information that solely attention confidential information thatisisintended intended solelyfor forthe the attention email is a violation of copyright ? and anduse use CSE 403, Spring 2008, Alverson of ofthe thenamed namedaddressee(s). addressee(s). This Thismessage messageor orany anypart partthereof thereof must not be disclosed, copied, distributed or retained by must not be disclosed, copied, distributed or retained byany any

Trade Secrets Protect: concept, idea, info, or innovation Protected against: misappropriation (NOT independent creation of same work) Requirements: o info not generally known or available o company derives some value from secrecy o must spend reasonable effort to maintain secrecy Term: no predefined limit Cost: no registration or examination How could you limit the risk of misappropriation? CSE 403, Spring 2008, Alverson

Symantec suit targets Vista Symantec said that Veritas shared Veritas trade secrets and even trained Microsoft engineers as the companies began working together. And Microsoft used those trade secrets to start developing products [aspects of Vista] that directly competed with Veritas' offerings, the lawsuit said. Microsoft said that in 2004 it bought from Veritas the rights to the technologies in question. CSE 403, Spring 2008, Alverson May 19,2006

Trademarks Protect: “any word, name, symbol, or device, or any combination thereof” used to distinguish certain goods from others Protected against: others using the mark, likelihood of confusion and dilution Excluded: use in other industries / geographic areas Requirements: use the mark in commerce or register with intent to use in future, must maintain quality control over goods Term: 10 year renewable (no upper limit) How could you limit the risk of infringement? CSE 403, Spring 2008, Alverson

Are any of your project names TM? Couple Rater http:// tess2.uspto.gov/ Foresee Foresee PHP, Foreseehome, Foresee Results, Foresee 2 (HR, Marketing), Foresee , alone, dead UMail Umail (communication by mobile phones) Visual Schedule Finder Visual Registration OfCourse Ofcourse (employee leasing/payroll services) Ofcourse.com (software for delivering educational coursework through the internet) Notepad Notepad (Polaroid: sensitized photo film), audio notepad, mi-notepad, edi notepad, notepadpc, CSE 403, Spring 2008, Alverson

Apple infringes on Cisco’s iPhone TM Cisco owns the iPhone trademark Apple started negotiations with Cisco to share the TM. Cisco wanted open approach to allow Apple iPhone to be compatible with other companies’ products Apple announced its iPhone before an agreement was made Cisco sued Apple for trademark infringement “This lawsuit is about Cisco's obligation to protect its trademark in the face of a willful violation. Our goal was collaboration. The action we have taken today is about not using CSE 403, Spring 2008, Alverson people’s property without permission.” http://blogs.cisco.com/news/2007/01/update on ciscos iphone tradem.html

How did the saga end? Cisco and Apple reached a settlement (2/21/07). The two companies pledged to "explore opportunities for interoperability in the areas of security, and consumer and (business) communications.” Other terms were confidential http://www.usatoday.com/tech/products/2007-02-21cisco-apple-iphone x.htm?csp 34 CSE 403, Spring 2008, Alverson