美国云计算专利诉讼的调查与启示

Survey and Inspiration on U.S. Cloud Computing Patent Litigations

摘要:

对美国云计算专利诉讼案件的调查发现如下特点：首先,非实施性专利实体(NPE)已进入美国云计算专利诉讼领域,而诉讼被告几乎囊括了该产业链各个环节的各大型企业；其次,讼争技术领域较为集中,尤其是国际专利分类号为G06F的云存储计算专利技术较多；第三,受诉法院主要集中于联邦德州东区法院与特拉华州法院,被告通常运用的诉讼对策是反诉及管辖权异议；最后,案件一般以撤诉、双方和解结案,判决极少。由于《美国专利改革法案》对单一程序中被告数量的限制,新近云计算专利诉讼基本为单一被告。对美国云计算专利诉讼情况的调研将为我国企业参与云计算专利竞争,合理进行专利布局提供帮助。

Abstract:

Survey of cloud computing patent litigations in the United States shows that the following characteristics: First, NPEs have entered the field of cloud computing patent litigations, defendants involved almost all large enterprises of the industry chain; Second, technology field of relating patents is more concentrated, especially drawing in cloud storage in G06F of IPC; thirdly, the Courts are more concentrated in U.S. District Court for the Eastern District of Texas and for the District of Delaware, the defendants usually contradicted by counterclaiming or raising objection to jurisdiction; Finally, litigations were ended most basing on withdrawal, reconciliation and little judgment. Because of the limit of the number and type of defendants in a single litigation from “Leahy-Smith America Invents Act”, there has begun to have single-defendant in single newly cloud computing patent litigation. Research on cloud computing patent litigations in United States will do favor to Chinese enterprises to participate in cloud computing patent competition and carry out reasonable patent portfolio.