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Earlier this week, Facebook’s founder and CEO Mark Zuckerberg testified before House and Senate committees after reports that the political research firm Cambridge Analytica gained access to 87 million Facebook users’ data during the 2016 U.S. elections. During the hearings, Zuckerberg emphasized Facebook’s past and future commitment to user privacy, stating:

“I’ve directed our teams to invest so much in security—on top of the other investments we’re making—that it will significantly impact our profitability going forward…But I want to be clear about what our priority is: protecting our community is more important than maximizing our profits.”

In addition, Zuckerberg testified that the company plans on doubling its content safety and security staff to “20,000” by year end.

Envision IP analyzed Facebook’s U.S. patent portfolio to understand how the company has patented various aspects of its data security and user privacy technology. According to our analysis, the company owns 3,579 issued U.S. patents, and another 2,263 published U.S. patent applications. Of these, a total of 252 patents and 155 published patent applications relate to user privacy and data security technology.

The company’s patenting, and presumably R&D focus in these areas, appear to have traditionally been on user privacy, which comprise 209 issued U.S. patents, versus 43 issued U.S. patents related to data security. Of these 223 patents, 207 (~82%) were originally filed-for by Facebook, indicating that these are organic technologies developed by Facebook specifically for its platform and services.

Some of the more prominent user privacy patents owned by Facebook that we identified are summarized below:

Publication NumberTitleAssignee/Applicant
US9934403B2Storage and privacy serviceFacebook Inc.,Menlo Park,CA,US
US9917816B2People directory with social privacy and contact association featuresFacebook Inc.,Menlo Park,CA,US
US9838396B2Controlling content-sharing using a privacy list snapshotFacebook Inc.,Menlo Park,CA,US
US9792457B2Systems and methods for trigger-based modification of privacy settings associated with postsFacebook Inc.,Menlo Park,CA,US
US9754125B2Dynamic enforcement of privacy settings by a social networking system on information shared with an external systemFacebook Inc.,Menlo Park,CA,US
US9715596B2Approximate privacy indexing for search queries on online social networksFacebook Inc.,Menlo Park,CA,US
US9710765B2Browser with integrated privacy controls and dashboard for social network dataFacebook Inc.,Menlo Park,CA,US
US9665393B1Storage and privacy serviceFacebook Inc.,Menlo Park,CA,US
US9553878B2People directory with social privacy and contact association featuresFacebook Inc.,Menlo Park,CA,US
US9514331B2Privacy model for shared collections of content on a social networking systemFacebook Inc.,Menlo Park,CA,US
US9460308B2Multi-level privacy evaluationFacebook Inc.,Menlo Park,CA,US
US9411671B1Storage and privacy serviceFacebook Inc.,Menlo Park,CA,US
US9330183B2Approximate privacy indexing for search queries on online social networksFacebook Inc.,Menlo Park,CA,US
US9325778B2Wireless data privacy maintained through a social networkFacebook Inc.,Menlo Park,CA,US
US9218496B2Dynamically updating privacy settings in a social networkFacebook Inc.,Menlo Park,CA,US
US9129134B2Systems and methods for providing privacy settings for third-party applicationsFacebook Inc.,Menlo Park,CA,US
US9049203B2Systems and methods for dynamically generating a privacy summaryFacebook Inc.,Menlo Park,CA,US
US9009780B2Privacy verification toolFacebook Inc.,Menlo Park,CA,US
US8955145B2Dynamic enforcement of privacy settings by a social networking system on information shared with an external systemFacebook Inc.,Menlo Park,CA,US
US8844058B2Systems and methods for providing privacy settings for applications associated with a user profileFacebook Inc.,Menlo Park,CA,US
US8752186B2Dynamic enforcement of privacy settings by a social networking system on information shared with an external systemFacebook Inc.,Menlo Park,CA,US
US8713055B2Dynamically updating privacy settings in a social networkFacebook Inc.,Menlo Park,CA,US
US8627506B2Providing privacy settings for applications associated with a user profileFacebook Inc.,Menlo Park,CA,US
US8225376B2Dynamically generating a privacy summaryFacebook Inc.,Menlo Park,CA,US
US7305432B2Privacy preferences roaming and enforcementFacebook Inc.,Menlo Park,CA,US
US6889213B1E-service to manage contact information with privacy levelsFacebook Inc.,Menlo Park,CA,US

In addition, US 7,669,123, entitled “Dynamically providing a news feed about a user of a social network”, and which lists Mark Zuckerberg as a co-inventor, has claims reciting: “A system for displaying a news feed comprising….a privacy component configured to limit access to the plurality of news items to a set of viewing users…” The patent was filed in 2005, and has 331 forward citations.

The 252 privacy and security related patents represent 7% of Facebook’s overall U.S. patent portfolio. In isolation, this number does not reveal much. However, we compared Facebook’s privacy and security-related patents to the U.S. patent portfolios of Google, Apple, Twitter, and Snap. In terms of sheer numbers, Google dominates the group with 859 patents related to user privacy and data security, followed by Apple with 353 patents related to the same.

It is important to note however that Google and Apple each have U.S. patent portfolios with well over 20,000 patents each, while Facebook, Twitter, and Snap only have a fraction of that. Twitter currently owns 1027 U.S. patents, and Snap owns only 69 U.S. patents. As a percentage of their overall portfolios designated to user privacy and data security, Snap’s portfolio is heavily focused on user privacy and data security, with 33%. While Snap and Twitter each have 23 patents in these areas, these patents only make up 2% of Twitter’s 1027 U.S. patents. Google and Apple fall behind Facebook in terms of percentages of their overall portfolio dedicated to user privacy and data security, with only 2% and 4%, respectively.

Snap’s patents in these areas focus on privacy controls related to third-party and out-of-network viewing of images within the Snap platform, as well as security features related to messaging. Snap only owns 66 issued U.S. patents, suggesting that as its patent portfolio grows, the percentage of patents related to user privacy and data security may decrease if the company focuses R&D on other areas of its platform.

Overall, it may be difficult to compare the patent portfolios of these companies given the large disparity in sizes. However, given that Facebook has a relatively large patent portfolio, as compared to Snap and Twitter, its 7% weighting of patents related to user privacy and data security does indicate that the company has invested significant R&D and legal intellectual property costs in these areas. Given the recent breach, and Facebook’s statements regarding a heightened focus on user privacy and security, we expect the company’s patents in this area to grow. In addition, we expect its competitors in the social media and networking space to also increase patenting efforts in these areas.

It will be interesting to see how these companies approach patenting and R&D on their platforms going forward. Given the recent events at Facebook, we may see a shift, and continuing trend, towards a heightened patenting focus on user privacy and data security, versus traditional patenting of product features and monetization technologies.

It is also important to note that while Facebook and others have patented technology related to various aspects of privacy controls, this does not necessarily means that these companies have actually implemented or commercialized these technologies into their products and platforms.

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Earlier this week, BlackBerry filed a patent infringement suit against Facebook, Instagram, and WhatsApp over a number of patents it owns. There has been much speculation in recent years surrounding BlackBerry’s patent monetization strategy, and questions lingered around whether the company would start to aggressively assert its patent portfolio to drive revenue.

In a report published by PatentVue last February, BlackBerry’s 44,000+ worldwide patent portfolio appeared ripe for litigation and licensing, in part due to their relative strength based on reverse citations. In light of the recent complaint against Facebook et al., Envision IP analyzed the seven patents asserted by BlackBerry to determine the merits of the case, as well to determine if other third-parties could potentially be future targets of these patents.

US 7,372,961, entitled “Method of public key generation”, was acquired by BlackBerry in 2016 from its purchase of Certicom. Certicom is a leading software security firm which pioneered elliptical curve cryptography. The patent has a priority date of 2000. The ‘944 patent claims are directed to generating public and private keys for cryptographically securing data. The claims are not specific to messaging and communications, so there may be potential assertion value across various industries here where key-based encryption is used, such as in the finance, e-commerce, and enterprise information technology sectors.

In addition, the claims recite generating a seed and performing a hash function on the seed. Such language appears very relevant to blockchain-based encryption, and specifically for storing and securing cryptocurrency wallets which can rely on a seed that is hashed. As such, the ‘944 patent may have additional monetization value across various industries.

The ‘961 patent was asserted by BlackBerry once before against Avaya, Inc. on July 27, 2016 (Blackberry Limited et al v. Avaya Inc., 3:16-cv-02185). Interestingly, this was the same date that BlackBerry acquired the patent based on the USPTO assignment record. The case against Avaya was terminated on February 23, 2018 pursuant to a joint stipulation of dismissal filed by the parties.

US 8,279,173, entitled “User interface for selecting a photo tag”, appears to have broad claims around tagging photographs. Claim 1, for example, recites:

“A method of selecting a photo tag for a tagged photo, comprising: displaying a tag list including tags from one or more tag sources matching a search string; displaying a tag type indicator for each tag appearing in the tag list, said tag type being indicative of a tag source associated with the tag.”
Figs. 3-4 of the ‘173 patent are all related to Facebook’s tagging feature, as shown below:

The claims appear broad enough to read on various social platforms that incorporate photo/content tagging. The ‘173 patent and its claims appear to have been crafted specifically with Facebook in mind, potentially as an infringement or licensing target.  Other social networking platforms with photo-and content tagging features, such as Snapchat, Twitter, Pinterest, Houzz, and others, could be potential future targets of the ‘173 patent.

US 8,209,634, entitled “Previewing a new event on a small screen device”, has claims more specific to messaging, and which relate to providing a visual indication of the number of pending/received messages, as shown in Fig. 5 below. The ‘634 patent has a 2003 priority date. These claims could potentially read on third-parties applications that, for example, provide an email, message, calendar item, or voicemail count next to a corresponding icon on a smartphone display. One well known example is Apple’s iOS that provides an e-mail message indicator as shown below, as well as various iOS applications also offer similar bubble-type indicators:

US 8,301,713, entitled “Handheld electronic device and associated method providing time data in a messaging environment”, has claims related to providing a timestamp in a message. An embodiment of the invention is shown in Fig. 5 below. The timestamp is generated based on a duration of inactivity. The ‘713 patent has a 2003 priority date. These claims could potentially read on third-party applications with a wall or stream-like message feed showing a time-stamped conversation, such as Apple’s iMessage:

US 8,429,236, entitled “Transmission of status updates responsive to status of recipient application”, appears to have relatively broad claims (based solely on the number of elements in the claims) related to transmitting messages based on a status of the receiving device. Without reviewing in more detail it is difficult to determine if there is potential third-party infringement in the marketplace currently. The ‘236 patent has a 2009 priority date.

US 8,677,250, entitled “System and method for switching between an instant messaging conversation and a game in progress”, has claims related to providing notifications in an instant-messaging interface, where the notifications are specific to gameplay, as shown in Fig. 5B below. There may be third-party applications for online gambling and multi-player games which may read on these claims. However, this patent may not likely read on non-gaming application, such as general messaging platforms, as all of the independent claims specifically recite game play. The ‘250 patent has a 2006 priority date.

US 9,349,120, entitled “System and method for silencing notifications for a message thread” is also messaging related, and has claims covering silencing and activating message threads. These claims (based solely on the number of elements in the claims) appear to be the narrowest of the patents in suit. The ‘120 patent has a 2009 priority date.

In summary, it certainly appears that the patents asserted against Facebook et al. may have further assertion potential. US 8,279,173, US 8,209,634, and US 8,301,713 appear to be the most interesting in terms of potential current third-party infringement. It is important to note that this assessment is based solely on a face reading of the claims, and without any review of the file history or determination of actual infringement or a claim construction analysis.

Besides US 7,372,961, none of the asserted patents have been involved in an post-grant proceedings or litigation, so it is not immediately clear how strong these patents are from a prior art standpoint. Regarding a Section 101 challenge under patentable subject matter, none of the asserted patents are listed in Class 705, which is the business methods classification at the USPTO. Many of the asserted patents are listed in various software-related classifications however, such as Class 708, 709, and 715.

If BlackBerry can obtain a successful judgement or licensing settlement as a result of this suit, we would not be surprised if the company began to further assert these, and possibly other patents, from its massive portfolio.

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With the recent surge in cryptocurrencies, as well as companies in the blockchain ecosystem, Envision IP analyzed the US patent landscape of the industry. We reviewed patenting activity for all aspects of the blockchain industry – digital currency standards, digital currency exchanges, blockchain algorithms and infrastructure, blockchain front- and back-end applications, and blockchain-related enterprise technology.

We identified 1,045 US patents and published, pending applications specifically related to blockchain and distributed ledger technologies. Please note that our analysis does not include general cryptographic or encryption-related patents, such as for security and authorization, which do not involve a distributed ledger or decentralized concurrency methods.

Based on our analysis, the major patent holders in this space are Bank of America, IBM, Mastercard, FMR LLC, World Award Foundation, TD Bank, Coinbase, 402 Technologies, Accenture, and Dell. The list includes entities from the financial services, traditional technology, patent holding and consulting industries.

From the list of major holdings, 402 Technologies S.A., appears to be a patent holding company based in Luxembourg, and World Award Foundation / World Award Academy / AMobilePay, Inc. appears relatively obscure, and it is not clear what the company’s focus is. The various entities co-owning these patents are based in Tiburon, California and Austin, TX, and list an individual named Andy Zhou as their president.

The financial industry dominates the list of the top ten blockchain-related patent holders. For the purposes of this analysis, we grouped patents and published applications together.  Leading the list is Bank of America with 43 patents, MasterCard International with 27 patents, FMR LLC (Fidelity) with 14 patents, and TD Bank with 11 patents. Other major financial institutions with blockchain patents include Visa Inc. with 7 patents, American Express with 6 patents, and Nasdaq Inc. with 5 patents.

Interestingly, Nasdaq is not the only exchange which owns blockchain patents, and the Chicago Mercantile Exchange owns two patents in this space. However, these holdings are dwarfed by the leading digital currency exchange Coinbase, Inc., which owns 13 US patents.

Blockchain-related startups and companies dedicated to developing technology, goods, and services in the blockchain and cryptocurrency ecosystem own approximately 59% of the US patents and published applications in this space.

In addition to Coinbase, other blockchain-focused companies and individuals which are leading patent owners include Gideon Samid, the CTO of BitMint, and a member of the IOTA Foundation 8 patents), Monegraph Inc., a content monetization platform (7 patents), Digital Asset Holdings, a provider distributed ledger applications for financial institutions (6 patents), SKUChain, Inc., a blockchain-based supply chain technology company (6 patents), Medici, Inc., a crytpographic-security and distributed ledger developer (5 patents).

The next largest industry group is financial services, which owns approximately 20% of the patents in this space.

Traditional technology firms own approximately 13% of these patents, and a mix of patent holding companies, retail, consulting, and gaming/entertainment companies collectively owning 8% of the remaining patents in this space. The retail companies include Amazon Technologies with 4 patents, eBay with 2 patents, and Wal-Mart with 1 patent.

With respect to traditional technology companies, IBM is an outlier with 27 patents, and is tied for #2 on our list with MasterCard as a major US blockchain-related patent owner. However, Dell and Sony Corporation are the only large diversified technology companies within the top twenty patent holders on our list, with 8 and 5 patents respectively.  Surprisingly, companies such as Google, Oracle, Microsoft, eBay, and Facebook, which inherently rely on complex databases, transaction accounting, and payment processing systems, do not appear very active in blockchain-related patenting. It is important to note that US patent applications typically become publicly available 18 months after their earliest filing date, so many companies we have identified in our analysis may have unpublished patent applications that are currently pending.

We expect blockchain-related patent applications filings to continue at a increasing pace, as the technology and related standards gains adoption across multiple industries, and as cryptocurrencies become more mainstream and accepted as payment methods. In addition, as government regulation in this space is expected, this may give blockchain added legitimacy as a tool for secure transaction processing, accounting, and data management. Such regulation may inherently lead to continued filings as organizations looks to develop regulatory-complaint blockchain offerings.

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In our continuing coverage of acquisitions and transfers of IBM patents, Envision IP analyzed recent IBM patent assignments from 2016 through 2017. Our previous analysis included IBM patent transfer through 2015. At that time, notable acquirers of IBM patents included Google, Alibaba, Twitter, and Facebook, with the latter three coming off IPOs in recent years.

Over the last two years, IBM has transferred 530 patents to third parties, with a vast majority of these patents being acquired by Snapchat. Other interesting patent transfers include the following:

ServiceNow is a cloud computing company that offers various IT services and products related to cloud management for enterprise. The company owns 347 US patents. The IBM patents account for approximately 40% of the company’s US patent portfolio.

Hulu, the video-on-demand streaming service, owns 220 US patents. The IBM patents account for nearly 25% of Hulu’s US patent portfolio. As a comparison, IBM patents account for roughly 90% of Twitter and SnapChat’s US patent portfolios.

Nearly 50% of the patent assignments over the last two years included patents related to cloud computing and remote data transfer, such as streaming and on-demand video. Of the 530 patents transferred during this time frame, 85% of the patents were transferred to US companies. 13% were transferred to foreign companies, and 2% were transferred to various entities tied to the United States government, such as DARPA, the U.S. Navy, and the U.S. Department of Energy.

Interestingly, IBM does not appear to discriminate between operating companies and non-practicing entities when selling patent assets. Six patents were transferred to Uniloc, a holding company that is well-known for suing technology companies. Uniloc has sued Samsung Electronics America, Inc. and Red Hat in the past, both companies that have recently acquired patents from IBM. Along the lines of acquisitions by holding companies, IBM and Finjan recently announced a new subsidiary which involves the transfer of 25 IBM cybersecurity patents.

The latest patent assignment data indicates that IBM has also transferred patents to organizations of various sizes, from fortune 100 companies, to start-ups such as Utopus Insights, which is an IBM-spin off.

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Jawbone, the wearable device company once valued at $3 billion, has ceased operations and begun liquidation proceedings, according to The Information. The company has been involved in a number of high-profile intellectual property disputes in recent years with Fitbit. Envision IP analyzed the patent portfolio of Jawbone’s parent company AliphCom (also known as Aliph) to determine the scope and potential value of its patents.

AliphCom currently owns 251 United States patents. The vast majority of these, 176 patents, were obtained through AliphCom’s purchase of BodyMedia, Inc. in 2013 for over $100 million. Out of the remaining patents, approximately 50 patents were organically filed-for and obtained by AliphCom. The remainder of the portfolio was acquired from various third-parties including Radiient Technologies (speaker technology), Spectros Corporation (bio-sensing and cancer detection technology), University of Maryland (genetic marker technology) , and Sextant Medical Corporation (non-invasive tissue analysis technology).

Regarding the types of patents, 126 are design patents covering various hardware, screen, and interface designs. Interestingly, we identified only 20 patents in the entire portfolio which have claims directed to software and business methods. The remaining 105 patents are directed towards hardware systems and devices.

The average remaining term of the US portfolio is over 11 years, which provides plenty of time for a potential acquirer to monetize the portfolio, either through licensing, commercialization, and/or litigation. With respect to potential acquirers, the major wearable device and smartwatch manufacturers, Apple, Google, Samsung, LG, and of course FitBit may be natural candidates. In addition, Swatch, Nokia (Withings), Sony, Nike and Xiaomi could also find some synergies between their devices and the Jawbone patent portfolio. However, since nearly half of the portfolio is composed of design patents, it is likely that an operating company that obtains the patent portfolio would likely do so along with Jawbone’s product line, and rights to continue commercializing the technology in some fashion.

We do not expect a non-practicing entity to be particularly interested in the portfolio, unless they feel that certain patents have significant litigation strength and value. To this point, we identified US 6,605,038 entitled “System for monitoring health, wellness and fitness”. The patent has almost 1,100 forward citations, and has been asserted by Aliphcom against Fitbit in the Northern District of California. The patent was acquired from Bodymedia, which itself had previously asserted the patent against Basis Science Inc. That case was dismissed pursuant a joint stipulation.

In addition, US 7,020,508, entitled “Apparatus for detecting human physiological and contextual information” has over 700 forward citations. An impressive 10% of the portfolio (27 patents) have more than 100 forward citations, indicating that these patents may be relatively fundamental to the fitness/activity tracking and monitoring industry.

The portfolio is relatively robust, and includes a significant number of patents related to speaker technology, microphone and audio calibration, various fitness and activity tracking features, and physiological monitoring. See for example, US 8,870,766 entitled “Apparatus for providing derived glucose information utilizing non-invasive physiological sensors”, US 8,663,106 entitled “Non-invasive temperature monitoring device”, and US 7,938,783 entitled “Medical body core thermometer”.

In addition, the portfolio includes tissue imaging and genetic marker detection patents, which indicate that Jawbone may have been developing (or planning to develop) wearable devices with such advanced features – possibly for medical device and medical imaging verticals.

Regarding a potential valuation of Jawbone’s patent portfolio, it is difficult to estimate an intrinsic valuation as there are no public financials directly related to the patents. However, based on historical commercial revenue, we estimate the portfolio alone to be roughly worth $25 to $40 million, based on a discounted cash flow analysis. We used a $600 million revenue run rate that was reported by TechCrunch in 2014 as a baseline. Understanding this data point is likely dated, we assumed that a potential acquirer who continued commercialization could potentially achieve 5% of this revenue ($30 mm per year) going forward. We assumed a significant discount based on the distressed nature of the company and liquidation of the assets, as well as a modest 4% compound annual growth rate that we estimate an acquirer may achieve.

It is important to note that the price that a non-practicing entity may be willing to pay could be much lower however, given that such an acquisition would be based on licensing and litigation potential, and not necessarily the commercial potential of the patents.

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Lyft received its second United States patent this past June, US 9,679,489, entitled “Ride Chaining”. The patent marks the second issuance for Lyft, and the company currently has two issued patents and four published, pending patent applications.

The ‘489 patent covers a system and method to efficiently utilize driver capacity, where riders with similar starting and ending points and times are matched so that they can share a ride. The patent states that “[i]f two riders request similar rides (e.g., with similar start points and end points) or rides that overlap significantly at points closely in time, the ride can be shared. If both requests are received by the driver dispatch server system within a predetermined window of time, the driver dispatch server system determines that the rides should be shared, determines the correct order of stops (e.g., pick up passenger 1, pick up passenger 2, drop off passenger 2, drop off passenger 1), and provides the route to the driver.” (Col. 2, Lines 54-63).

Fig. 7 of the ‘489 patent below shows a diagram illustrating a chained route for a driver:

The claims of the ‘489 patent appear relatively broad, which is surprising given a recent priority date of 2014 for the patent. Furthermore, a number of earlier filed patents and applications assigned to Uber were cited by the USPTO examiner during prosecution of the ‘489 patent.

In addition to the new issued patent, four patent applications assigned to Lyft were recently published on July 6, 2017:

These applications appear to cover unique aspects of the ride-sharing industry. US 20170193625 entitled “Driver Supply Control” provides a system to inform drivers of when there may an expected surge in demand, and allows drivers to plan work shifts based on the increased rider demand. US 20170193523 entitled “Driver Screening Including Mentoring” is also interesting. The application relates to testing drivers with a mentor prior to approving them to drive; essentially a secondary driving test in addition to a traditional driver’s license test.

We expect to see more patent application continue to publish for Lyft in the coming months and year, as it is clear the company is attempting to protect unique aspects of its ride-sharing platform. Despite the latest additions to its patent portfolio, Uber still continues to dwarf Lyft in terms of patents.

Uber currently has 184 issued US patents, up from 144 US patents from our review this past March. The bulk of these additional patents came from third-pary acquisitions. Uber acquired 24 patents from Hewlett-Packard and 10 patents from Manyworlds, Inc. this past June. The Hewlett-Packard patents related to back-end communication server and architecture technology. Interestingly, the Manyworlds patents relate to people-matching in general using, for example, common interests and location proximity. These patents indicate potential for relationship-based ride matching services:

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