For Patent Infringement, Google Fined Rp487 Billion!

Recently, it was widely reported that at the end of May 2023, Google was fined US$32.5 million or around Rp. 487 billion for violating patents held by California-based speaker manufacturer Sonos. How come? Yes, as is known, patents are one type of intellectual property protected by the state and given to inventors for their inventions that have a strategic role in supporting national development and advancing public welfare. Therefore, a person who owns a patent is entitled to the exclusive right to his/her invasion for a certain period of time, whether the implementation is carried out by himself/herself or gives approval to other parties to carry out his/her invasion. So, what about the chronology of patent infringement committed by Google? And what if the case is related to the patent provisions that apply in Indonesia? So that you don’t experience the same thing, let’s check the full explanation below!

Chronology of Google Infringing on Sonos’ Patent Rights

Sonos had filed a lawsuit against Google in January 2020 and specifically claimed that Google gained knowledge of the patent through previous collaboration between the two companies, when they collaborated to integrate Sonos speakers with Google Play Music. At the time, Google counter-sued Sonos, claiming that Sonos had actually infringed its own patents. As with any legal battle, Sonos then expanded its lawsuit a few months later. Launching from Engadget, Monday (29/5), a California Federal Judge has ruled that Google infringed on patents held by Sonos related to audio playback that can be synchronized across multiple speakers. This feature is a core Sonos technology that has been around and patented for years. US District Judge William Alsup had determined that early versions of products such as ChromeCast Audio and Google Home infringed Sonos’ patents. The judge found in favor of Sonos, but ruled that a second patent, related to controlling devices via a smartphone or other device, was not infringed. The judge said that Sonos did not conclusively show that the Google Home app infringed the patent, followed by the rejection of four other patent infringements that Sonos originally sued for. Meanwhile, Sonos also expressed its appreciation and gratitude to the judge in upholding the validity of Sonos’ patents and recognizing the value of the patents owned by Sonos. Overall, Sonos believes that Google has infringed more than 200 of their patents in total. The damages awarded by the judge, based on one significant piece of Sonos’ patent portfolio, is considered an acknowledgment of their intellectual property rights. This is not the first time Google has been accused of infringing on Sonos’ patents. In 2020, a federal judge ruled that Google infringed two Sonos patents related to multi-room wireless audio. The judge ordered Google to stop selling products that infringed the patents and pay Sonos US$50 million in damages.

Provisions of Patent Rights in Indonesia

As mentioned above, a patent is an exclusive right for an inventor for his invention in the field of technology granted by the government for a certain period of time to carry out himself or give consent to other parties to carry out his invention. This right makes it easier for an individual or company to develop their innovation without worrying about infringement. With patents, a person or company can protect their intellectual property, so that not just anyone can duplicate or sell patented products or services. However, it is important to note that to obtain patent protection, in accordance with Article 3 paragraph (1) of the Patent Law, an invention must fulfill the following criteria:

1. Must have an element of novelty;
2. Must involve inventive measures;
3. Must be applicable in industry.

As with simple patents, if an invention is a refinement of a previous invention, then the following conditions must be met, among others:

1. Must have an element of novelty;
2. Must be a development of an existing product or process;
3. Must have a practical use
4. Must be applicable in the industry

After fulfilling all the above criteria, a person or company can register their patent rights with the Directorate General of Industrial Property (DJKI) of the Ministry of Law and Human Rights. If the registration is accepted, the DJKI will grant patent rights to the applicant with a period of twenty years from the date of acceptance. As for simple patents, the term is ten years.

How to file a lawsuit in case of patent infringement?

Like Sonos’ legal defense of its smart speaker product patents, patent holders in Indonesia also have the option to protect their rights by filing a lawsuit. The lawsuit in question is a compensation lawsuit filed with the Commercial Court in the jurisdiction of the domicile of the defendant. However, if one of the parties is outside the territory of Indonesia, the lawsuit can be filed with the Central Jakarta District Court, in accordance with Article 142 paragraph (1) of Law No. 13/2016 on Patents (Patent Law). To be able to file a lawsuit related to patent infringement, it must also be ensured that the defendant has met the conditions that can be called a patent infringer based on Article 160 of the Patent Law, namely:

1. Make;
2. Selling;
3. Importing;
4. Renting;
5. Providing for sale/lease/delivery of patented products;
6. As well as acts that use a production process that has been granted a patent.

If the defendant is proven to have infringed the patent rights, not only is a fine imposed like the penalty received by Google, but can also be subject to criminal penalties as stipulated in Article 161 of the Patent Law, in the form of:

1. Imprisonment of up to four years and/or a maximum fine of one billion rupiah (for patent infringement);
2. Or a maximum imprisonment of two years and/or a maximum fine of 500 million rupiah (for simple patent infringement).

KH Contact

This is the chronology of the Google patent infringement case, as well as an explanation and its relation to patent law in Indonesia. Hopefully, the information above will increase KH Friend’s understanding of the importance of respecting other people’s intellectual property rights, and as creators of works, we must always ensure their security by registering with the DJKI.

READ ALSO: Nokia wins patent dispute against Lenovo, reasons why you should register a patent!

Well, if Buddy KH needs help regarding patent registration, don’t hesitate to consult with experienced experts at Kontrak Hukum. You can consult about patents and how to submit official letters to the DJKI regarding applications with Kontrak Hukum anytime and anywhere for free! Not only that, we also provide other intellectual property registration services such as copyright and trademark. Let’s protect your creation safely and easily through the KH Services – Intellectual Property page. If you have other business-related questions, please contact us at Ask KH or via direct message (DM) to Instagram @kontrakhukum.