CN  /  EN

imgboxbg

NEWS

最新消息

Facebook wins the patent infringement lawsuit against Voxer in the UK

  • 分类:最新消息
  • 作者:华讯知识产权
  • 来源:
  • 发布时间:2021-11-17 15:08
  • 访问量:

【概要描述】Facebook wins the patent infringement lawsuit against Voxer in the UK In May, the UK High Court found that social media platforms Facebook and Instagram do not infringe a patent owned by Voxer. Furthermore, Facebook succeeded in invalidating Voxer’s “Live Broadcast” patent.   Voxer is an American app development company, and it is best known for its free Voxer Walkie Talkie app for smartphones, providing a live “push-to-talk” system and a voice messaging system. The patent in issue was EP (UK) 2 393 259 entitled “Telecommunication and Multimedia Management Method and Apparatus”. The invention relates to enabling two-mode conversation. Users can communicate in either a near-synchronous or “live” conversation. The two modes provide a user experience in a standard full-duplex phone call or in a series of back and forth time-delayed transmissions. Therefore, two individual users can send recorded voice messages back and forth to each other and review the messages whenever convenient, or at a rate where they essentially merge into a live, synchronous voice conversation.   In 2020 in the UK, Voxer contended that Facebook infringed the EP259 patent through Facebook and Instagram’s live functionality feature over the iOS operating system. However, Facebook then counterclaimed the invalidity in 2021 as an action for revocation and denying infringement. Facebook challenged the validity on various grounds. Facebook mentioned two reference documents and stated that the claims lack novelty and/or are obvious over the prior art: WO 2006/121550 (Atarius) and US 2006/0003740 A1 (Munje). Both were published before the earlier claimed priority date of the patent. Facebook also stated that the claims are invalid for insufficiency. The patent was based on a lack of novelty and/or obviousness over two pieces of prior art cited by Voxer in its patent application.   At first, presiding judge Birss allowed Voxer’s two unconditional claims to amend the patent, which made the patent novel, not obvious, and sufficient. Finally, however, Birss found the patent obvious over US 2006/0003740 A1 (Munje). As a result, the UK High Court has decided that EP 259 is non-infringed and invalid, and revoked the patent. The case therefore represents a success for Facebook in the UK, although proceedings are ongoing in the US and Germany.   In the US and Germany, decisions have gone the other way for Facebook. In May 2021, the Patent Trial and Appeal Board in the Western District of Texas found four Voxer patents valid. Furthermore, in June, Munich Higher Regional Court found that the ‘Live’ functionality in the Facebook and Instagram iOS apps and the Facebook website infringed the Voxer patent.   Coming from different decisions in three countries, the patent battle between the two companies is still hanging in the balance. Reference: Facebook and Voxer take live broadcast patent dispute to Europe - JUVE Patent (juve-patent.com) Facebook Ireland Ltd v Voxer IP LLC [2021] EWHC 657 (Pat) (19 March 2021) (bailii.org) Facebook Ireland Ltd v Voxer IP LLC [2020] EWHC 1806 (Pat) (07 July 2020) (bailii.org) https://www.bailii.org/ew/cases/EWHC/Patents/2021/1377.html https://www.theregister.com/2021/04/16/facebook_voxer_ip_patent_trial/ https://www.mondaq.com/uk/patent/1076680/facebook-ireland-limited-v-voxer-ip-llp https://jakemp.com/en/news/facebook-succeed-in-invalidating-voxers-live-broadcast-patent-in-the-uk

Facebook wins the patent infringement lawsuit against Voxer in the UK

【概要描述】Facebook wins the patent infringement lawsuit against Voxer in the UK

In May, the UK High Court found that social media platforms Facebook and Instagram do not infringe a patent owned by Voxer. Furthermore, Facebook succeeded in invalidating Voxer’s “Live Broadcast” patent.

 

Voxer is an American app development company, and it is best known for its free Voxer Walkie Talkie app for smartphones, providing a live “push-to-talk” system and a voice messaging system. The patent in issue was EP (UK) 2 393 259 entitled “Telecommunication and Multimedia Management Method and Apparatus”. The invention relates to enabling two-mode conversation. Users can communicate in either a near-synchronous or “live” conversation. The two modes provide a user experience in a standard full-duplex phone call or in a series of back and forth time-delayed transmissions. Therefore, two individual users can send recorded voice messages back and forth to each other and review the messages whenever convenient, or at a rate where they essentially merge into a live, synchronous voice conversation.

 

In 2020 in the UK, Voxer contended that Facebook infringed the EP259 patent through Facebook and Instagram’s live functionality feature over the iOS operating system. However, Facebook then counterclaimed the invalidity in 2021 as an action for revocation and denying infringement. Facebook challenged the validity on various grounds. Facebook mentioned two reference documents and stated that the claims lack novelty and/or are obvious over the prior art: WO 2006/121550 (Atarius) and US 2006/0003740 A1 (Munje). Both were published before the earlier claimed priority date of the patent. Facebook also stated that the claims are invalid for insufficiency. The patent was based on a lack of novelty and/or obviousness over two pieces of prior art cited by Voxer in its patent application.

 

At first, presiding judge Birss allowed Voxer’s two unconditional claims to amend the patent, which made the patent novel, not obvious, and sufficient. Finally, however, Birss found the patent obvious over US 2006/0003740 A1 (Munje). As a result, the UK High Court has decided that EP 259 is non-infringed and invalid, and revoked the patent. The case therefore represents a success for Facebook in the UK, although proceedings are ongoing in the US and Germany.

 

In the US and Germany, decisions have gone the other way for Facebook. In May 2021, the Patent Trial and Appeal Board in the Western District of Texas found four Voxer patents valid. Furthermore, in June, Munich Higher Regional Court found that the ‘Live’ functionality in the Facebook and Instagram iOS apps and the Facebook website infringed the Voxer patent.

 

Coming from different decisions in three countries, the patent battle between the two companies is still hanging in the balance.

Reference:


Facebook and Voxer take live broadcast patent dispute to Europe - JUVE Patent (juve-patent.com)
Facebook Ireland Ltd v Voxer IP LLC [2021] EWHC 657 (Pat) (19 March 2021) (bailii.org)
Facebook Ireland Ltd v Voxer IP LLC [2020] EWHC 1806 (Pat) (07 July 2020) (bailii.org)
https://www.bailii.org/ew/cases/EWHC/Patents/2021/1377.html
https://www.theregister.com/2021/04/16/facebook_voxer_ip_patent_trial/
https://www.mondaq.com/uk/patent/1076680/facebook-ireland-limited-v-voxer-ip-llp
https://jakemp.com/en/news/facebook-succeed-in-invalidating-voxers-live-broadcast-patent-in-the-uk

  • 分类:最新消息
  • 作者:华讯知识产权
  • 来源:
  • 发布时间:2021-11-17 15:08
  • 访问量:
详情

Facebook wins the patent infringement lawsuit against Voxer in the UK

In May, the UK High Court found that social media platforms Facebook and Instagram do not infringe a patent owned by Voxer. Furthermore, Facebook succeeded in invalidating Voxer’s “Live Broadcast” patent.

 

Voxer is an American app development company, and it is best known for its free Voxer Walkie Talkie app for smartphones, providing a live “push-to-talk” system and a voice messaging system. The patent in issue was EP (UK) 2 393 259 entitled “Telecommunication and Multimedia Management Method and Apparatus”. The invention relates to enabling two-mode conversation. Users can communicate in either a near-synchronous or “live” conversation. The two modes provide a user experience in a standard full-duplex phone call or in a series of back and forth time-delayed transmissions. Therefore, two individual users can send recorded voice messages back and forth to each other and review the messages whenever convenient, or at a rate where they essentially merge into a live, synchronous voice conversation.

 

In 2020 in the UK, Voxer contended that Facebook infringed the EP259 patent through Facebook and Instagram’s live functionality feature over the iOS operating system. However, Facebook then counterclaimed the invalidity in 2021 as an action for revocation and denying infringement. Facebook challenged the validity on various grounds. Facebook mentioned two reference documents and stated that the claims lack novelty and/or are obvious over the prior art: WO 2006/121550 (Atarius) and US 2006/0003740 A1 (Munje). Both were published before the earlier claimed priority date of the patent. Facebook also stated that the claims are invalid for insufficiency. The patent was based on a lack of novelty and/or obviousness over two pieces of prior art cited by Voxer in its patent application.

 

At first, presiding judge Birss allowed Voxer’s two unconditional claims to amend the patent, which made the patent novel, not obvious, and sufficient. Finally, however, Birss found the patent obvious over US 2006/0003740 A1 (Munje). As a result, the UK High Court has decided that EP 259 is non-infringed and invalid, and revoked the patent. The case therefore represents a success for Facebook in the UK, although proceedings are ongoing in the US and Germany.

 

In the US and Germany, decisions have gone the other way for Facebook. In May 2021, the Patent Trial and Appeal Board in the Western District of Texas found four Voxer patents valid. Furthermore, in June, Munich Higher Regional Court found that the ‘Live’ functionality in the Facebook and Instagram iOS apps and the Facebook website infringed the Voxer patent.

 

Coming from different decisions in three countries, the patent battle between the two companies is still hanging in the balance.

Reference:

  1. Facebook and Voxer take live broadcast patent dispute to Europe - JUVE Patent (juve-patent.com)
  2. Facebook Ireland Ltd v Voxer IP LLC [2021] EWHC 657 (Pat) (19 March 2021) (bailii.org)
  3. Facebook Ireland Ltd v Voxer IP LLC [2020] EWHC 1806 (Pat) (07 July 2020) (bailii.org)
  4. https://www.bailii.org/ew/cases/EWHC/Patents/2021/1377.html
  5. https://www.theregister.com/2021/04/16/facebook_voxer_ip_patent_trial/
  6. https://www.mondaq.com/uk/patent/1076680/facebook-ireland-limited-v-voxer-ip-llp
  7. https://jakemp.com/en/news/facebook-succeed-in-invalidating-voxers-live-broadcast-patent-in-the-uk
关键词:

“绝味”商标维权

“绝味”商标维权

绝味食品股份有限公司,是“绝味鸭脖”母公司,成立于2005年,其名下“绝味”商标在2009年注册于29类食品上,于2010年被商标局认定为驰名商标。
2022-01-14
Disney's

Disney's patent for virtual world simulator for theme parks as the first-step jumping into the metaverse realm

Disney is an American multinational entertainment and media conglomerate headquartered in the U.S. The company established itself as a leader in the American animation industry before diversifying into live-action film production, television, and theme parks. Furthermore, Disney is famous for pushing the envelope regarding theme park technologies.
2022-01-07
华讯国际知识产权与涉外法律服务平台携手南京审计大学等六家单位共同成立南京审计大学企业合规研究中心

华讯国际知识产权与涉外法律服务平台携手南京审计大学等六家单位共同成立南京审计大学企业合规研究中心

为了促使刑事涉案企业依法合规经营,做实“少捕慎诉慎押”刑事司法政策,同时警示潜在的违法违规企业守法经营,最高人民检察院从2020年3月起稳步推进企业合规改革试点。
2022-01-07
在中国发起专利诉讼的外企之地理分布

在中国发起专利诉讼的外企之地理分布

上一期推送中我们提到,原告被告都是外企,他们却纷纷选择来到中国提起专利诉讼(点击蓝字回顾原文),从中可以了解到:中国已成为世界上专利诉讼的主战场。那么,这些外企来自哪些国家呢? 从发明专利案件数量来看,过去十年间,以日本企业提起的发明专利案件数量最多,德国位居第二,美国排名第三。其中,戴森(Dyson Technology)的诉讼官司大幅提升了英国的排名,37件发明专利案件中占了28件。 日本公司为原告的数量排名第一其实并不意外。日本的地理位置上很靠近中国,这使日本企业更了解中国市场,且很可能产生利益竞争关系。这些因素大大增加了这些企业在中国提出诉讼的可能。 然而令人惊讶的是,同样是邻居的韩国企业提出的诉讼数量极低,在专利战略上远不及日本积极。一个可能的解释是,日本企业长期以来一直是中国地区专利的积极申请者,这意味着他们已经积累了大量适合提起诉讼的组合。另一方面,韩国企业可能在此年代没有布局中国,因此没有那么多的专利可以出击,故而出现了这样的极其明显的对比。
2022-01-07
上一页
1
2
...
146
这是描述信息

江苏省南京市江北新区江淼路88号腾飞大厦B座20层2001

版权所有◎南京华讯知识产权顾问有限公司

备案号:苏ICP备xxxxxx号-1    网站建设:中企动力 南京