Standards & Patents: The Increased Interplay Between the Two

Hope Shimabuku, Legal Counsel, Research In Motion Ltd, USA

The interplay between standards and patents has increased over the last few years. Standards development organizations (SDOs) are continuing to promulgate new common specifications. Patent owners are trying to develop and gain international acceptance for new ideas by implementing them in a standard while simultaneously seeking to protect their innovation in patents. Implementers of the patents are trying to bring the technology to the user while concurrently maintaining an adequate bottom line when the licensed technology is accepted into a new standard. The interplay is causing an increased tension amongst the rights of various stakeholders, thereby resulting in cases being brought before the courts, many of which are asking questions of first impression.

Hope Shimabuku is part of the Patent and Standards Strategy team at Research in Motion (RIM). As Legal Counsel, she drafts position papers on intellectual property rights, represents RIM in meetings related to international public policy and legislation, and engages in international patent strategy activities. Prior to this role at RIM, Hope helped to manage and organize RIM’s patent litigation, manage outside counsel, and identified internal positions on non-infringement, invalidity and other claims. Prior to joining RIM, Hope was in private practice with a particular emphasis on patent and trademark prosecution. She has drafted and prosecuted numerous patent and trademark applications. She clerked for now Chief Justice Carolyn Wright of the Texas Fifth Court of Appeals and also served as a legal intern at the Chinese Christian Herald working with Chinese immigrants. Prior to attending law school, Hope was employed as a Process Engineer and Quality Manager for Procter & Gamble and as a Project Manager for Dell Computer Corporation. Hope completed a Bachelor of Science in Mechanical Engineering at the University of Texas and graduated from the Southern Methodist University Dedman School of Law cum laude. Hope has demonstrated strong leadership through roles such as President of the Dallas Asian American Bar Association; a Director of the Dallas Bar Association Board of Directors; and Council Member for and Chair of the Diversity Task Force for the State Bar of Texas – Intellectual Property Section. She is also an active member of a number of other legal and community organizations. She is often asked to speak and is appointed to committees addressing topics regarding diversity, minority representation, career development, organizational planning, and intellectual property. Hope was recently recognized as the 2010 Corporate Counsel Rookie of the Year by the Dallas Business Journal. She is also a Sustaining Fellow of the Dallas Association of Young Lawyers and a Fellow of the Dallas Bar Foundation. Hope is a native Texan, born and raised in Houston, Texas. She and her husband are co-owners of a restaurant located close to their home in Flower Mound, Texas. She is a mother of two daughters.

Research In Motion (RIM), is the designer and manufacturer of the award-winning BlackBerry smartphone, used by millions of people around the world. The company also creates software for businesses and the operating system that allows the BlackBerry smartphone to provide mobile access to email, IM, apps, media files, the Internet and more.