ECE 477 Digital Systems Senior Design Project Fall 2007
Homework 10: Patent Liability Analysis
Due: Friday, November 2, at NOON
Team Code Name: ___wifiMOTE______Group No. __7___
Team Member Completing This Homework: __Andy Jackson______
e-mail Address of Team Member: _____jacksoae______@ purdue.edu
Evaluation:
SCORE
/DESCRIPTION
10 /Excellent – among the best papers submitted for this assignment. Very few corrections needed for version submitted in Final Report.
9 /Very good – all requirements aptly met. Minor additions/corrections needed for version submitted in Final Report.
8 /Good – all requirements considered and addressed. Several noteworthy additions/corrections needed for version submitted in Final Report.
7 /Average – all requirements basically met, but some revisions in content should be made for the version submitted in the Final Report.
6 /Marginal – all requirements met at a nominal level. Significant revisions in content should be made for the version submitted in the Final Report.
* /Below the passing threshold – major revisions required to meet report requirements at a nominal level. Revise and resubmit.
* Resubmissions are due within one week of the date of return, and will be awarded a score of “6” provided all report requirements have been met at a nominal level.
Comments:
Comments from the grader will be inserted here.
1.0 Introduction
To begin a patent search for the wifiMOTE, one must start by evaluating the major components it has, and search for products and patents with similar functionality. At this point, one can evaluate whether or not the wifiMOTE accomplishes those functions in a unique enough way so as to not be considered infringing on that patent. The wifiMOTE itself is basically a learning universal remote that displays video of other channels on television. Some of the major components of the wifiMOTE include the IR receiver for learning new IR signals, displaying video of other channels, and the built-in charging system that can be used to recharge NiMH AA batteries. Other major components that the project has that aren't infringing on any patents would include the external ADC, 2.4 GHz receiver, and microcontroller. These components were purchased meaning that a license was obtained to use them in the wifiMOTE.
2.0 Results of Patent and Product Search
2.1 Intelligent Touch-Type Universal Remote Control (Pat. #6,633,281) [1]
Abstract: “An intelligent touch-type universal remote control has a touch-type screen, an infrared transmitter for transmitting remote control codes, an infrared receiver for receiving remote control codes to perform a learning procedure, a basic button set, and a processing unit. [..]”
Key Claims: “1. An intelligent touch-type universal remote control comprising: a body; a touch-type screen arranged on the body; an infrared transmitter arranged at a predefined position of the body for transmitting remote control codes; an infrared receiver arranged at a predefined position of the body for receiving remote control codes to perform a learning procedure; a basic button set arranged on the body; and a processing unit arranged in the body, the processing unit having a microprocessor and a memory unit, the microprocessor being connected to the touch-type screen, infrared transmitter, infrared receiver and basic button set, the memory unit being provided to store default remote control codes and control commands […]”
“2. The intelligent touch-type universal remote control as claimed in claim 1, wherein the basic button set includes a power on button, a power off button, a menu/setting button, a mute/enter button, a channel-up/play button, a channel-down/stop button, a volume/backward button, and a volume/forward button, the menu/setting button being used to activate the touch-type screen to display the main menu and the setting menu.”
2.2 TV Remote with Image Capability (Pat. #2007/0236613) [2]
Abstract: “A hand-held remote control device has a viewing screen that displays information, possibly including real time information available through reception in the television or reception available to the television. […] The remote may switch functions among view only on the remote, control television only, or combinations of image/volume control on the television at the same time that remote viewing is enabled.”
Key Claims: “1. A remote control device for providing signals or commands to a television set, the remote control device tapping or intercepting signals from the television with at least one signal content selected from the group consisting of video signals and menu lists, the remote control device having a video display area which displays the at least one signal content without altering a display on the television set.”
“2. The remote control device of claim 1 wherein the at least one signal is tapped from at least one of an antenna, a cable line, a satellite dish, the television, a cable box, and a data converter.”
“3 The remote control device of claim 1 wherein there is a wireless communication component in the remote control device that can tap or intercept the signals from the television.”
“7. The remote control device of claim 1 wherein the remote control device is in communication with a peripheral device that receives said signals before or as the television receives the signals and forwards the signals to the remote control device.”
2.3 Rechargeable Remote Control (Pat. #6,489,746) [3]
Abstract: “The rechargeable remote control is a remote control device for a television, VCR, or the like with a built in battery charger for recharging the batteries of the remote control. The remote control is powered by rechargeable batteries […] The charger circuit receives power from the a.c. power mains through a retractable wall plug built into the remote control housing. The retractable wall plug is mounted on a rotor with a cam which operates a switch disconnecting the batteries from the remote control circuitry while the batteries are recharging. A first LED indicates the unit is ready for charging, and an optional second LED indicates that the batteries are receiving a recharging current.”
Key Claims: “1. A rechargeable remote control for remotely transmitting a command to a remote appliance, comprising:
a) a remote control housing having an upper panel and a lower panel attached to the upper panel, said housing having a recess defined therein;
b) remote control circuitry disposed within said housing;
c) at least one rechargeable battery electrically connected to said remote control circuitry;
d) a battery charging circuit disposed within said housing for recharging said at least one battery; […]”
“4. The rechargeable remote control according to claim 1, wherein said battery charger circuit is transformer-less.”
“6. The rechargeable remote control according to claim 1, further comprising an optical indicator device electrically connected to said battery charger circuit for indicating when said at least one rechargeable battery is being recharged.”
3.0 Analysis of Patent Liability
3.1 Intelligent Touch-Type Universal Remote Control
The patent for the Intelligent Touch-Type Universal Remote Control is similar to the wifiMOTE in several ways. Both remotes feature a touch screen interface, IR transmitter, and IR receiver. This remote and the wifiMOTE are both learning remotes that can be programmed by receiving the IR signals, storing those IR signals, and replicating the signals when the user desires that specific button to be output to the television.
This patented remote has two different types of learning procedures. The first is a manual programming of each button, where the user would select a button to program, aim the remote at the receiver, and press the button on the remote for storage. The remote would then take the received signal and process it to be compressed for storage. The second method is more automatic, the user simply sends one IR signal to the remote, and the remote compares that signal with a database of stored codes. If it finds the match, it uses that set of codes to generate all IR signals.
The wifiMOTE differs from this patent in the way that the IR signals are interpreted and stored. The patent calls for a processing step that determines features of the signal like the carrier frequency and uses those features to compress the signal for storage. The wifiMOTE doesn’t do any interpretation of the signal, and instead simply samples the signal and stores the sampled signal in memory. The wifiMOTE also doesn’t contain any database of manufacturers’ codes to compare signals with.
The other aspect of this patent covers the touch screen interface. The patent has claims to the specific kind of interface that this remote uses, which features different pages the user can select that hold the buttons for a variety of remotes. The interface also allows for the user to define macros, or specific sets of button presses that can be replicated by the remote. The wifiMOTE’s interface will be much simpler with fewer buttons and no kind of programmable macros for the user to use.
3.2 TV Remote with Image Capability
The functionality of the device described in this patent has similar functionality to the wifiMOTE. It describes a “remote [with] a viewing screen that displays [images and other information] which may be different than the information being displayed on the television” [2]. The remote can also change channels on the television along with changing channels and information displayed on the remote itself. The functionality of this patent is almost identical to the core functionality of the wifiMOTE.
The patent also describes a peripheral device that receives the television signal before it gets to the television and forwards the signal to the remote control. This peripheral can transmit that signal either through a plug-in device or wireless communication. In the text of the description, the authors go on to suggest that this wireless communication could be in the 900 MHz or 2.4 GHz ISM bands. This type of wireless functionality is also being utilized by the wifiMOTE, specifically the 2.4 GHz ISM communication used to send the signal from a TV tuner box to a receiver on the remote.
3.3 Rechargeable Remote Control
The patent for the Rechargeable Remote Control is similar to another main function of the wifiMOTE, which is to have a built-in battery charging system, so the user doesn’t have to remove the batteries to recharge them. The patent calls for a remote control with 2 rechargeable AA nickel-cadmium (NiCd) batteries and a retractable wall plug mounted on the remote itself. It also states that LEDs will communicate to the user when the batteries are ready to be charged and when the batteries are receiving current. The patent also claims that the charger circuit is transformer-less, which is true of the wifiMOTE’s charger circuit as well.
Although the charging system of the wifiMOTE is also built-in, there are some differences between the claims of this patent and the implementation of the wifiMOTE. The wifiMOTE uses 6 nickel-metal hydride (NiMH) batteries, as opposed to the 2 NiCd batteries specified in the patent. The optical indication of charging is done differently on the wifiMOTE as opposed to the claims in the patent. The patent calls for a notification LED to show when the batteries are disconnected from the remote control circuit, and an LED to show when the batteries are being recharged. The notification of charging on the wifiMOTE will be done through the LCD screen, with a small battery indicator in the corner that shows the current battery level and whether the batteries are being charged or not.
4.0 Action Recommended
4.1 Intelligent Touch-Type Universal Remote Control
As stated in the previous section, the wifiMOTE has similar functionality to what is described in the patent. However, this infringement falls under the doctrine of equivalents. It would be argued by the designers that functionality of the wifiMOTE may be similar to the patent, but it is being done in a different way than what the patent calls for. The IR codes are handled and stored in a different manner, as described above, there is no attempt by the wifiMOTE to interpret those signals or try to compress them. The user interface of the wifiMOTE is also significantly different than what is stated in the patent. There are no programmable macros and there are fewer buttons with no separate pages of selections. Because of these differences, no major alterations would need to be made to the wifiMOTE, assuming these assumptions held up in court.
4.2 TV Remote with Image Capability
In this case, the wifiMOTE would probably be guilty of literal infringement. The fact that the claims of this patent include the display of television images on the remote and the use of a peripheral that taps the television signal and sends it to the remote wirelessly is pretty damning evidence against the wifiMOTE. One key point that could distinguish the wifiMOTE from this patent, and help avoid negotiation of some sort of licensing, is the fact that the patent’s claims don’t specify a specific method of processing the video data to be displayed on the screen. It could be argued that the wifiMOTE accomplishes this by converting the image from YCbCr to the RGB format required for the LCD screen.
The key argument, though, could be in the language of the patent. The patent has a claim that the television signal be “tapped” into at a point prior to the television. The TV tuner that the wifiMOTE uses to get its television signal doesn’t actually have to be placed on the same signal as the television, and instead a cable splitter can be used to connect the TV tuner on essentially a separate signal than what the TV is using. This argument may be a long shot, but the slightly vague language of the patent’s claims leaves an opening for it to be made.
4.3 Rechargeable Remote Control
The patent for the Rechargeable Remote Control has claims for a built-in remote control circuit that will allow the batteries of the remote to be recharged without being removed from the remote itself. The wifiMOTE has similar functionality, and any possible infringement would fall under the doctrine of equivalents because of those similarities. For the designers of the wifiMOTE to fight charges of infringement, they would most likely show that although the functionalities are similar, the way those functionalities are achieved is significantly different.
The claims of the patent call for NiCd batteries, which are different than the NiMH batteries used in the wifiMOTE. Also, the number of batteries in the wifiMOTE is different than the number of batteries in the claim of the patent. The claims also state that the wall plug be mounted on the housing of the remote control, the wifiMOTE will have a jack for a DC adapter, but will not have the wall plug built-in. The optical indication of charging is also handled in a different way than the claims of the patent.