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Posts Tagged ‘alleged’

Nikon is the latest camera company sued by DigiMedia Tech over alleged patent infringement

01 Jul

DigiMedia Tech, LLC, has filed a patent infringement lawsuit against yet another camera company, this time going after Nikon over its alleged infringement of three different US patents. This lawsuit follows similar infringement cases brought against Olympus, Fujifilm and JK Imaging, all of them also over the alleged infringement of digital camera technology patents.

DigiMedia Tech is a non-practicing entity (NPE) of IPInvestments Group, which received many US patents from Intellectual Ventures LLC in November 2019. Following the patent acquisition, DigiMedia Tech has filed lawsuits against several companies over their alleged infringement of these patents — in the latest one involving Nikon, the company claims infringement of US patents No. 6,914,635, No. 7,715,476 and No. 6,545,706.

The ‘635 patent was first filed in 2001 by Nokia Mobile Phones; it involves a microminiature zoom system designed for digital cameras. The ‘476 patent was first filed in 1999 and then again in 2005; it covers a ‘system, method and article of manufacture’ related to a digital camera’s ability to track a subject’s head. The third and final patent in the lawsuit, ‘706, was filed in 1999 and likewise covers head-tracking camera technology.

The infringement lawsuit specifically names Nikon’s Coolpix A1000 as a model that allegedly infringes the ‘635 patent and the Nikon P900RM ‘and similar products’ as allegedly infringing the ‘706 and ‘476 patents. Among other things, the DigiMedia Tech lawsuit wants Nikon to pay ‘damages in an amount to be determined at trial for Defendants’ infringement, which amount cannot be less than a reasonable royalty.’

It’s unclear how much this could amount to, financially speaking. Likewise, Nikon hasn’t yet commented on the infringement lawsuit.

DigiMedia Tech’s decision to sue Nikon isn’t surprising in light of its recent activity. On May 29, the NPE filed patent infringement lawsuits against Fujifilm and Olympus, alleging that both have used digital camera technologies in select camera models that infringe on its US patents. Following that, DigiMedia Tech filed the Nikon lawsuit referenced above, then a similar complaint against JK Imaging, the company behind Kodak PIXPRO cameras, on June 24 in California Central District Court.

A full list of DigiMedia Tech’s lawsuits, including related documents, can be found through the Unified Patents portal.

A summary of each of the lawsuits DigiMedia Tech, LLC currently has against a number of camera manufacturers.

The NPE practice of exploiting acquired patents has been heavily criticized for years. These companies oftentimes don’t actually practice the invention detailed by the patent and usually don’t sell processes or products related to them. These non-practicing entities instead enforce the patent rights against companies allegedly infringing them, doing so to obtain licensing payments or some other type of revenue, such as royalties or damages, on the acquired patents.

Though not all NPEs exploit acquired patents, there are those that do. Ones that operate aggressively and file large numbers of lawsuits in order to cast a wide net to see what they catch are colloquially referred to as ‘patent trolls.’

In 2011, the Hastings Science and Technology Law Journal published a large PDF document titled ‘Indirect Exploitation of Intellectual Property Rights by Corporations and Investors’ that details NPEs and the ways they may be used. The discussion is extensive and ideal for understanding the reasoning behind these lawsuits, stating in part that patent infringement lawsuits from NPEs may be, among other things, used by:

…a sponsoring entity against a competitor to achieve a corporate goal of the sponsor. A corporation or investor, by serving as the sponsor for an IP privateering engagement, can employ third-party IPRs as competitive tools. The privateer, a specialized form of non-practicing entity (NPE), asserts the IPRs against target companies selected by the sponsor. The sponsor’s benefits do not typically arise directly from the third party’s case against a target, but arise consequentially from the changed competitive environment brought about by the third party’s IPR assertion.

Of course, DigiMedia Tech’s own reasons for filing suits against these camera companies are unclear and it’s impossible to say whether there would be an indirect benefit for a competing company as a result of these allegations. As these cases are only days and weeks old, the outcome of each lawsuit is yet to be seen.

Articles: Digital Photography Review (dpreview.com)

 
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Sony World Photography Awards receives backlash over alleged censorship of Hong Kong protest images

20 Feb

Update (Wednesday, February 19th): it appears that the galleries are available to the public again. However, Chung Ming’s more sensitive images are not displayed.

The 2020 Sony World Photography Awards recently removed active links to images from three separate finalists due to their ‘sensitive nature.’ Ko Chung Ming’s Wounds of Hong Kong, David Butow’s Battleground Hong Kong and Adam Ferguson’s Hong Kong Protestors series are still in the running to win an award. However, links to their work have been deactivated on the World Photography Organization’s (WPO) website, a move that’s raised concerns about possible censorship.

‘We have temporarily taken down the images as part of a standard process which we have to put in place for these type of cases, until we are able to review everything in further detail,’ the WPO said.

Chung Ming first noticed the link to his series, which was nominated in the Documentary category, was broken on Friday. Initially he thought it was a site error. It was only when he tried to view Butow and Ferguson’s series, and received the same ‘404 Page not found’ message, that he realized the WPO was purposely concealing imagery that revealed the brutal reality of the Hong Kong protests.

“We have temporarily taken down the images as part of a standard process which we have to put in place for these type of cases, until we are able to review everything in further detail.”

‘I don’t know who’s complaining and what their concerns are. But why should any ‘concerns’ not be addressed by the judges at the judging phase?’ asked Chung Ming in a response to HKFP. ‘As long as the final result is up to the jury’s professional judgement, I wouldn’t say there’s censorship,’ he added.

As of Tuesday, the ‘404 page not found’ error was still popping up on Chung Ming’s series. On Wednesday, the link was redirected to a ‘Protected Page’ where login credentials were needed in order to view his work. A recent post on Chung-ming’s Facebook account elicited uniform comments of disappointment in the WPO.

‘Photos taken during a war right in the war zone has won numerous awards, but I’ve never seen any of those labeled “sensitive nature.” Anyway thanks so much for your effort and your truthful recording.’ said Sam Si. ‘Worse and much more “sensitive” stuff has been put on WPO before, and the fact that they’re on targeting Hong Kong related photography seriously calls into question the integrity of the organisation.’ adds Galax Chen.

Articles: Digital Photography Review (dpreview.com)

 
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Alleged roadmap leaks 10 new Nikkor Z lenses set for 2020, 2021 release

07 Sep
The allegedly leaked roadmap shows off ten new lenses not officially announced by Nikon.

Nikon has already detailed a number of new Nikkor Z lenses it’s working on, but a newly leaked image, believed to be a more extensive lens roadmap, shows a number of additional lenses Nikon allegedly has planned for the future.

The purported roadmap, first shared by Nikon Rumors, shows ten additional lenses not currently shown in the roadmap image Nikon has posted to its website, ranging from fast primes to impressive telephoto zoom lenses.

Nikon’s current official lens roadmap as of posting this article.

According to the roadmap, which again hasn’t been confirmed as real, the 2020 lenses Nikon hasn’t detailed on its current roadmap include the Nikkor Z 85mm F1.2 S, Nikkor Z 135mm F1.8 S, Nikkor Z 28-70mm F2.8-3.5 and Nikkor Z 24-120 F4 S. The 2020 lenses already announced include the 20mm F1.8 S, 50mm F1.2 S and 14-24mm F2.8 S.

Moving onto 2021, Nikon has seven lenses listed as ‘TBA’ on its current roadmap. Interestingly, the purported leaked roadmap mentions only six, including the Nikkor Z 28mm F1.8 S, Nikkor Z 35mm F1.2 S, Nikkor Z 65mm F1.8 S and Nikkor Z 105mm F1.8 S.

If the roadmap is indeed real, it seems Nikon is covering a lot of ground with an impressive range of lenses. Interestingly, there doesn’t appear to be any F1.4 lenses, with Nikon instead opting for either F1.8 or F1.2 for its faster primes.

Ultimately, time will tell whether or not the roadmap is indeed real.

Articles: Digital Photography Review (dpreview.com)

 
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Profoto prepares to sue Godox over alleged A1 light patent infringement

19 Mar

Swedish lighting company Profoto is preparing to file a patent infringement lawsuit against Godox, according to Fotosidan. The complaint targets the newly listed Godox V1, which Profoto alleges is in violation of multiple patents it filed for its own A1 light. The Profoto A1 round head flash was launched in September 2017, a year before Godox introduced its cheaper V1 alternative at Photokina 2018.

The Profoto A1 costs $ 995 USD; though pricing information for the Godox V1 hasn’t been revealed, the product is expected to be cheaper than Profoto’s model. The Godox V1 sports a number of similarities with the A1, including a round head design, Fresnel lens, magnetic modifier mount, and LED modelling lights.

Speaking to Fotosidan, Profoto CEO Anders Hedebark said the company spoke with Godox about its V1 light during Photokina 2018, and that it has continued to reach out to Godox in the months since. Profoto has filed seven patents related to its A1, which spent four years in development.

‘We spend a lot of time and money on development and will protect our investments,’ Hedebark said, also warning that manufacturers and other companies may face lawsuits if they market the Godox V1. ‘It feels like we have an obligation to act.’

Articles: Digital Photography Review (dpreview.com)

 
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DJI addresses alleged corruption scandal that reportedly increased product prices by 20%

19 Jan

DJI Technology, China’s largest drone manufacturer, is looking at a substantial financial loss in the midst of ongoing investigations wherein 45 current and former employees are facing allegations of corruption.

According to a report from Yicai Global, more than 100 individuals are involved in an alleged widespread corruption scandal for falsely increasing the prices of parts and materials used to make DJI drones.

The report says 26 people allegedly involved in the scandal ‘are from the research and development department, as well as the procurement division.’ Another 19 individuals work in other various departments including administration, design, factories and sales. 16 people have been reported to authorities regarding the allegations.

In a statement to DroneDJ, DJI said:

‘We hold our employees to the highest ethical standards and take any violation of our code of ethics very seriously. During a recent investigation, DJI itself found some employees inflated the cost of parts and materials for certain products for personal financial gain. We took swift action to address this issue, fired the bad actors, and contacted law enforcement officials. We continue to investigate the situation and are cooperating fully with law enforcement’s investigation.’

DJI is facing losses of more than CNY1 billion (approximately $ 147.6 million USD), according to Yicai Global’s estimates. It is believed DJI products suffered from a 20% price increase in 2018 due to the alleged widespread corruption within the supply chain.

Articles: Digital Photography Review (dpreview.com)

 
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Alleged 2019 iPhone renders show triple-camera arrangement

08 Jan

It’s still a long way to go until Apple’s usual iPhone launch month of September but it looks like iPhone photography fans will have a triple-camera setup to look forward to. A series of renders shared by @Onleaks in cooperation with digit.in shows alleged renders of a 2019 iPhone model with a Huawei Mate 20 Pro-style square camera setup, featuring three lenses.

Two of the lenses are vertically aligned, with the third lens offset to the right under the flash LED. It also looks like the phone’s rear panel is made from glass.

Onleaks notes the device is still in its EVT phase (Engineering Validation Test), so some design details are subject to change as we near the launch. We also don’t know what the function of the third camera will be, but with Huawei, LG and Samsung now all offering triple-camera smartphones with super-wide-angle and tele options, it’s likely Apple will want to go down the same route.

It’s still early in the year for new iPhone renders but @Onleaks has an excellent track record and is widely regarded a credible source, so there is a good chance one of the 2019 iPhones will look very similar to the renders. Given the latter are showing a triple-camera setup, were are likely looking at a top-end model here.

Articles: Digital Photography Review (dpreview.com)

 
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Nikon in legal tussle with ASML and Carl Zeiss over alleged patent infringements

29 Apr

On Monday this week Nikon initiated legal action against the Dutch company ASML Holding NV, which is one of the market leaders in the field of semiconductor lithography machines. Germany’s Carl Zeiss AG is ASML’s optical supplier. Nikon said both companies were using its lithography technology without permission and that it was seeking damages and to prevent ASML and Zeiss from selling the technology.

Nikon and ASML have contested IP rights for more than fifteen years, as ASML has come to dominate several aspects of the market for semiconductor manufacturing equipment previously divided up primarily between Nikon and Canon.

In first statements both companies called Nikon’s legal action unfounded and categorically denied any infringements. A spokesperson for ASML said the company had repeatedly attempted to negotiate an extension of a cross-license agreement with Nikon.

Now ASML and Carl Zeiss have teamed up to counter-sue Nikon and are both filing legal claims against Nikon for the infringement of more than 10 patents. Peter Wennink, ASML President and Chief Executive Officer, said the following in the company’s issued statement:

We have no choice but to file these countersuits. We have tried for many years to come to a cross-license agreement that reflects the increased strength of our patent portfolio. Unfortunately, Nikon has never seriously participated in negotiations. Now that Nikon has decided to take this dispute to court, we also have to enforce our patent portfolio, and we will do this as broadly as possible.

Both ASML and Carl Zeiss have issued press releases on the matter. It seems this is a legal dispute that could go on for quite some time, and not the first one involving these three parties either. According to Nikon, ASML and Carl Zeiss paid it $ 87 million and $ 58 million respectively in 2004. We’ll keep you updated on any future developments.

Articles: Digital Photography Review (dpreview.com)

 
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Getty Images sued for $1 billion over alleged copyright infringement

29 Jul
Photographer Carol Highsmith with her Phase One camera. Photo via The Lyda Hill Texas Collection of Photographs in Carol M. Highsmith’s America Project, Library of Congress, Prints and Photographs Division.

Photographer Carol M. Highsmith is suing Getty Images for $ 1 billion over its alleged copyright infringement of 18,755 of her photos. The lawsuit, which was filed in a New York federal court on July 25, alleges that Getty Images has been charging fees to license her images without her permission – the same images she has provided to the Library of Congress for free use by the public. In addition to distributing her images, the lawsuit alleges that Getty did not give Highsmith proper credit for her photos.

The legal claim alleges statutory damages at up to $ 468,875,000. But because of a ruling against Getty in Morel v. Getty, a previous copyright case, the damages can reportedly be tripled to deter ‘bad faith business practices’. Highsmith became aware of Getty’s alleged copyright infringement after, she says, it sent her a letter accusing her of infringing the copyright of her own photograph by posting it on her own non-profit organization’s website.

The claim states, in part, ‘The defendants have apparently misappropriated Ms. Highsmith’s generous gift to the American people. [Getty Images and subsidiaries] are not only unlawfully charging licensing fees… but are falsely and fraudulently holding themselves out as the exclusive copyright owner.” The lawsuit also claims Highsmith’s reputation has suffered a serious blow as a result of Getty’s alleged actions. 

Via: PDNPulse, Hyperallergic

Articles: Digital Photography Review (dpreview.com)

 
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