The Benefits Of IP Vision
Last week, I discussed the importance of teaching IP literacy to American schoolchildren. It is an idea I believe strongly in, for a number of reasons. For one, we are in the midst of a continuing debate about the proper scope and role of IP laws in this technological age, which shows no signs of abating. Because social debates are resolved best when they involve input from as broad a swath of an informed populace as possible, giving current students a solid grounding in IP literacy will help ensure that we actually have an informed populace to debate amongst. Additionally, it is well-known how important IP issues are to success in the existing economy, and we can expect the economic role of IP to only become more important over time. Hence the importance of IP literacy in informing the next generation of market participants.
The future benefits of IP literacy are not the only reason why teaching IP literacy is so valuable. As IP lawyers we are inherently trained to look at the world through an IP lens — or what we can call IP Vision. Where regular people see a cleverly-packaged item, for example, our appreciation of the true cleverness of the item’s manufacturers often runs deeper. It can be even more interesting when we have an appreciation of why certain products or services are offered the way they are. As a litigator, I find myself most excited when I am aware of the IP backstory behind a product, especially where there was prior litigation between two competitors involving IP, or where at least the threat of IP litigation helped form how the product was released in the marketplace.
A recent vacation provided a good example of the latter phenomenon, along with a teachable moment that I could share with my kids about IP issues. We were in Universal’s new water park on an uncommonly warm Orlando winter’s day, and were each wearing the unfortunately named (but otherwise pretty cool) Tapu-Tapu wristbands that each park visitor is handed on entry. These devices contain some sophisticated technology, and allow wearers to do everything from reserving their place on line for one of the water rides to paying for stuff with the wristband acting as a virtual credit card — since no one wants to tramp around a water park with a soggy wallet. At the same time, the wristbands also seemed unnecessarily bulky — at least in contrast to Disney’s MagicBands for example — with their analog screens that did not really add much in the way of functionality. In fact, the screens seemed quite superfluous, with the limited amount of information that they conveyed. Not to mention the early ‘80s Atari-type graphics they used as well.
With the benefit of IP Vision, however, I was able to explain to my kids why the screens were actually an essential part of the product they were so gleefully wearing around the water park. By a coincidence, I used to work at the law firm that prosecuted Disney’s FastPass family of patents, which over time have provided Disney with a significant competitive edge over its theme park competitors when it comes to virtual-line type systems. Because of the FastPass patents, competitors like Universal and Six Flags have been forced to implement clumsier virtual-line systems, rather than use Disney’s elegant ride-by-ride solution that maximizes customer choice and allows for more accurate capacity control at the parks. In contrast, visitors to Universal have long had to get day-long Express passes, which allow for quicker entry to top attractions, but are sold on a full-day basis, rather than Disney’s included-in-the-price-of-admission system.
Enter Tapu-Tapu’s screen. Because Universal wanted a ride-by-ride, included in the admission price, virtual-line management system for its spanking-new (and really fun) water park, it had to design around Disney’s FastPass patents. While I have not reviewed every issued and applied-for claim in those patents, my strong suspicion (confirmed by media reports) is that Disney simply never claimed a wearable device — containing a screen — as part of its virtual-line management system. Voila — Tapu-Tapus get screens, and Universal has less of a concern about accusations of patent infringement from its staunchest competitor. Moreover, Universal can now tout how their system in an improvement over FastPass, and position itself as an innovator. Cue commercial benefit all around.
I would love to say that my kids were impressed with my IP Vision, and subsequent discourse into the intricacies of theme-park virtual-line management. They were not, of course, but did like watching the time until they could ride the next slide count down on their wristbands. For me, however, the entire episode was a reminder of why a career in IP can be so much fun, and how much there is to gain by honing and using our IP Vision as lawyers on occasion. Not only does it make life more interesting, but it can actually help us consider ways to add value to our clients, particularly if we are ever in a position to sample product offerings or services from their competitors.
One last thing, on an unrelated note. If you actually want to spend time talking to your teenage and grade school kids — take them to a water park. They won’t be able to spend the time staring at their phones for once. Yes, you might be forced to go on slides that seem tame but leave you feeling like you were just treated to the power cycle in your home washing machine. But at least once you overcome the induced vertigo, they will be forced to listen when you try and impress them with your IP Vision. Fun for all.
Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.
Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.
https://abovethelaw.com/2018/01/the-benefits-of-ip-vision/
Tidak ada komentar