Dr. Tal Lavian UC Berkeley Engineering, CET Course Review

What is Wireless Communication? 2 Any form of communication that does not require the transmitter and receiver to be in physical contact Electromagnetic wave propagated through free-space  Radar, RF, Microwave, IR, Optical

Wireless Network Technology 3

Characteristics of Wireless Mobile Devices 4 Wireless  Limited bandwidth, high latency  Variable link quality (noise, disconnections, other users)  Heterogeneous air interfaces Mobility:  User and terminal location dynamically changes  Speed of terminal mobility impacts wireless bandwidth Portability  Limited battery capacity, computing and storage  Small dimensions More Signal Processing More Protocol Processing Higher Energy Efficiency

Evolution of Cellular System 5 First generation: Analog – Voice  Analog modulation, cellular phone (AMPS) with manual roaming Second Generation: Digital Voice & Data  Digital modulation Cellular and PCS phones with seamless roaming, integrated paging Third Generation (3G): Digital Multimedia  Unified digital access, voice, data, video music, gaming, m-commerce, sensor etc.

6 Cellular Systems

Smartphones – what are they? 7 Small size, light weight, easily fitting in palm and pocket Display screen with touch input and small virtual key board Also known as portable handheld device or handheld device (e.g. Smartphone, PDAs etc.)

Device Architecture 8

Differences Between PC and Wireless 9 PC and Wireless Mobile Devices Source:

Why is Mobile OS Different? (from a desktop operating system) 10 *Screen size Processing power Memory

Mobile OS Features 11

iPhone OS 12

Android Mobile OS 13

BlackBerry OS 14

Smartphone is a radical technology change with a lot of money at stake and growing. Source: / 15 Smartphone Patents Are Valuable

Smartphone is a radical technology change with a lot of money at stake and growing. Patent war is a major tool to slow down the competition and get better market share Very large business…and growing Apple, Google, Motorola, LG, HTC, Microsoft, Nokia…. Extremely expansive litigation, with a lot of risk Time is critical - slowing down the competitors Smartphone Patents Are Valuable

Smartphone Patent War – Jurisdictions The smartphone patent war is a global span of litigation taking place in various courts, including:  U.S. district courts  Most patent cases in the United States are heard in Eastern district of Texas Delaware Northern district of California  European and Asian courts  Most often with the aim to win an injunction in a foreign market

Smartphone Patent War – Jurisdictions (cont.)  International Trade Commission (ITC)  Quasi-legal venue where many patent cases are heard  Two reasons plaintiffs often file complaints to the ITC: While not having the ability to award damages, it can grant injunctions Speed – proceedings are usually much faster than in district or appellate courts

Microsoft’s Approach 19 Microsoft has chosen to pursue de facto licensing arrangements in lieu of litigation Instead of suing manufacturers of Android devices for software infringement, has agreed to not sue OEM so long as they pay royalties to Microsoft Such deals exemplify yet another means companies have for making money from their IP

Microsoft’s Approach (Contd.) 20

What is a Patent? 21 Protects an idea, not an implementation Patent owner can keep others from using the invention (they would be infringing) or license it Patent ownership (assignment) can be bought and sold or traded

What is a Patent 22 Right to exclude the making, using, selling, offering for sale or importation of an invention (may not “infringe”) Limited time (typically 20 years from the date of filing with USPTO) ‏ Limited geographic territory (issuing country) ‏ Monopoly awarded by the government for sharing the invention with the public

About USPTO 23 Go to: For example, you can search patents on this website #5, 778, 372 – “Remote retrieval and display management of electronic document with incorporated images.” #6, 339, 780 – “Loading status in a hypermedia browser having a limited available display area.” #5, 889, 522 – “System provided child window controls.”

Elements of a Patent Application 24

Written Description Specification in the patent must include a description of the invention that enables one skilled in the art to practice it  35 USC § 112 Generally known as the enablement requirement You must teach others how to do it  Cannot obtain patent for time machine unless you disclose how to make one that works 4

PatentEng-Berkeley-Lavian Week 6: Validity and Infringement 26 INVENTORS CLASSIFICATION NUMBERS PRIOR ART REFERENCES TITLE ABSTRACT PRIOR ART CONTINUED ASSIGNEE

PatentEng-Berkeley-Lavian Week 6: Validity and Infringement 27 CLAIMS SPECIFICATION

Types of Patents 28 TypeIs forTerm#s UtilityFunction, use20 years6,214,874 DesignAppearance14 yearsD202,331 PlantAsexually reproduced 20 yearsPP10123

Patentability Five basic requirements for patentability:  Subject matter requirement  Written description (enablement)  Utility  Novelty  Nonobviousness 2

Subject Matter Patentable subject matter consists of “any…process, machine, manufacture, composition of matter, or improvement thereof” (35 USC §101) Invention must fall into one of these categories to be considered patentable subject matter Currently some debate surrounding process (e.g., software) and composition of matter (e.g., human gene sequences) patents 3

Utility “Whoever invents or discovers any new and useful [invention] may obtain a patent thereon” 35 USC § 101 Basically, must be able to prove that invention has a use Usually only an issue in chemical engineering patents:  Sometimes companies want to patent new chemicals whose use they do not yet know 5

Patent Law Basics–Novelty Outlined in 35 USC § 102(a) Can obtain patent so long as no one has disclosed or patented invention before you Basically, it hasn’t been done before To reject patent claims for lack of novelty, every element must be contained in a single piece of prior art 6

Patent Law Basics–Nonobviousness 35 USC § 103(a) Like novelty requirement, yet trickier  Novelty requirement looks to a single piece of prior art  Nonobviousness requirement looks at multiple pieces of prior art Novel means new Nonobvious means that a person having ordinary skills in the art wouldn’t have easily thought of it given the plurality of prior art 7

Patent Infringement – Basics What does it mean to infringe a patent?  Manufacture, import, sell, or offer to sell patented technology  Courts’ test for infringement has two steps:  Analyze the claims to construe their meaning (a.k.a. “claim construction”)  Attempt to apply the claims to the accused infringing product (a.k.a. seeing if the claims “read on” the product’s features) 7

Patent Infringement–Doctrine of Equivalents Doctrine of Equivalents (DoE) – a product may still infringe a patent without directly infringing its claims if it  performs substantially the same function  in substantially the same way  to yield substantially the same result 8

Patent Infringement–Doctrine of Equivalents (cont.) Purpose of DoE is to prevent potential infringers from making insignificant changes to a patented product in order to circumvent the claims Reverse Doctrine of Equivalents  Essentially, even if a product directly infringes on a patent’s claims, if it does so in a substantially different way to achieve a substantially different result, then it doesn’t infringe  Example: you invent a method of curing cancer using Edison’s light bulb  would not infringe  This defense is very rare 9

Novelty vs Obviousness To reject patent claims for lack of novelty, every element must be contained in a single piece of prior art Nonobvious means that a person having ordinary skills in the art wouldn’t have easily thought of it given the plurality of prior art KSR example:  TSM  Graham vs. Deere

Some Patents are Silly Inventions are not always novel, nonobvious, and useful Consider Validity, Prior Art, Enablement, Obviousness, and Common Sense in the context of software and business method patents