2015年12月15日 星期二

BlueSpike指控小米智慧型手機侵權

人:NPE(非執業實體)BlueSpike V.S. 小米
事:BlueSpike指控小米設計或販賣的智慧型手機侵害美國專利8930719
時:2015/12
地:在美國東德州聯邦地區法院馬歇爾分院
物:包括小米的手機品Mi4Mi5Mi5Plus以及紅米系列品被起訴。
摘要:
BlueSpike是業內知名的專利流氓BlueSpike以同一個專利起訴了華為、GoogleYahooFacebook等巨頭。NPE是指那些本身不製造專利品或者提供專利服務,而是從其他公司、研究機構或個人發明者手上購買專利的所有權或使用權,然后專門通過發動專利訴訟賺取巨額利潤的公司或團體。

Note:


Data protection method and device
US 8930719 B2
ABSTRACT
An apparatus and method for encoding and decoding additional information into a digital information in an integral manner. More particularly, the invention relates to a method and device for data protection.


COUNT 1: INFRINGEMENT OF U.S. PATENT NO. 8,930,719
Blue Without a license or permission from Blue Spike, Defendant has infringed and continues to infringe on one or more claims of the ’719 Patent—directly, contributorily, or by inducement—by importing, making, using, offering for sale, or selling products and devices that embody the patented invention, including, without limitation, one or more of the Accused Products, in violation of 35 U.S.C. §271.

Defendant has been and now is indirectly infringing by way of inducing infringement by others and/or contributing to the infringement by others of the ’719 Patent in the State of Texas, in this judicial district, and elsewhere in the United States, by, among other things, making, using, importing, offering for sale, and/or selling, without license or authority, products for use in systems that fall within the scope of one or more claims of the ’719 Patent. Such products include, without limitation, one or more of the Accused Products. Such products have no substantial non-infringing uses and are for use in systems that infringe the ’719 Patent. By making, using, importing offering for sale, and/or selling such products, Defendant injured Blue Spike and is thus liable to Blue Spike for infringement of the ’719 Patent under 35 U.S.C. § 271.

On information and belief, the infringement of the Patent-in-Suit by Defendant has been willful and continues to be willful. Defendant had knowledge of the Patent-inSuit, including but not limited to at least one or more of the following:
a. Through concurrent litigation with Blue Spike. The parties are actively litigating Huawei’s infringement of Blue Spike’s U.S. Patent No. 5,745,569 (the ’569 Patent), Case No. 6:13-cv-774. The ’719 Patent incorporates by reference the ’569 Patent.
b. Defendant has been on notice of the infringing ASLR component of its personalized Android operating system at least as early as the filing of the ’569 complaint. Even so, Defendant continues to provide access to its personalized Android operating system via the website http://en.miui.com. c. Through the filing and service of this Complaint.

On information and belief, Defendant has at least had constructive notice of the ’719 Patent by operation of law


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