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Apple Claims Its Former Engineer Helped Invent Tech in Qualcomm Patent
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That literally makes no sense. How would Apple be prescient enough to know they would be embroiled in a legal battle with Qualcomm AND this particular patent would be part of the case? That defies logic.
Not unless it’s a very new patent (first to invent was the us rule)
And even under the new rules, you can’t receive the invention from someone else and then file it. You have to be the inventor.
Are you sure that's still current? My understanding is under the current rules, it does not matter if you invented it, the person who files first get it.
Yes first to file, but only if you didn’t get the invention from someone else. First to file only applies to recently filed patents, of course. But even when using first to file rules, you have to be an inventor and all inventors must be named. If you are not the inventor (because, for example, you stole the idea), you are not entitled to the patent.
Wondering if this guy knows companies aren’t people and people create all the tech.
This is pretty funny considering Apple has a nearly identical system for employees named on patents it files.
You cannot patent an idea. You have to be involved in it’s implementation. Otherwise virtually anyone could claim patent rights.
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I think it is pretty standard.
He's already signed up for the Galaxy Note 7 movie.
Just add “extraordinary”, “revolutionary”, “courage” and “our best yet”... now thin, with low battery life for 999.99.
If there was a "God" who created the earth then he must have created it for lawyers to make money.
If Apple could set the narrative that both corporations involved in innovation in the mentioned tech area with collaboration, resource sharing, even resource exchange on goodwill that mutually beneficial for both while contributing to the overall tech community then Qualcomm case mentioning Apple is stealing it's idea may be weakened in one angle at least. If the said engineer corroborates with some meaningful evidences in favour of Apples argument then it can strengthen the case in favour of Apple, though this alone may or may not clinch the case one way or the other...
No it isn’t...doesn’t matter who helped, it is who filed and owned the patent. The whole point of the patent system to protect the inventors.
What? If he did really help in a meaningful way and was left out on purpose ... wtf.
They wouldn’t have to be. Businesses store emails for years based on the Governance of a particular role - IP creation may be indefinitely; State or Federal Law dictates it’s own length - for an exempt (salaried) employee, it’s 3 years right there; and Industry requirements - again, since it’s IP creation, who knows how long they’d keep it recorded.
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Not before 2011, which is when this was filed. It was First To Invent. First to file is the backwards way the industries pushed for it to be and got changed.
I know that. But that has nothing to do with the conversation between me and bornagainapple. My quote is a refutation of this: "Oh, I bet Apple has had this tucked away for some time now, just waiting for the right momeant to use it." ← That is just fantasy.
It doesn’t work like that. If Apple and Qualcomm were collaborating on such things, part of the collaboration agreement would detail who owns any resulting IP from the collaboration. So if he was helping and some IP arose, then the agreement would determine if it was meaningful and where the IP ended up.
If no agreement in place, then it’s all fair game. (Or unfair depending on your point of view)
An agreement could require that patent rights be assigned to one party or the other. But it wouldn't change U.S. patent law regarding inventorship. If someone is an inventor (or joint inventor), they are an inventor and are required to be listed as such on the patent application. It's about conception. Did they conceive the invention?
Steve Jobs could, through employment contracts, require that his employees assign to him the patent rights for anything they invent while working for him. But he couldn't (enforceably) require that they list him, rather than themselves, as the inventor on patent applications if he wasn't and they were.
Exactly. If the apple guy was one of the inventors then the patent may be invalid or may need to be modified to list him as an inventor. If he is an inventor he can license the patent (for free) to apple.
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Although there could be such an agreement, the patent still needs to list the actual inventors. If the apple guy actually contributed to the conception or to the reduction to practice of the patented invention, he would need to be listed. Then his employment contract at the time would likely require him to assign his rights in the invention to apple. He would have to actually sign an assignment - it’s not automatic (there are ways apple can still take ownership if he doesn’t sign, but it’s still not automatic). Then if there is some hypothetical agreement between apple and Qualcomm, apple would assign to Qualcomm. Again, not automatic.
Note, though, that there is zero chance apple signed a contract that says “we will work with you Qualcomm, and you can own any IP we come up with AND SUE US WITH IT.” When companies agree on who owns IP, the other party generally insists on a license.
