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Posts with tag Court

Carl Icahn and Motorola bury the hatchet

Good news coming from the Motorola camp? Say it ain't so! The long-standing feud between the flagging company and investor Carl Icahn has finally come to an end, and lo and behold, the pending litigation between the two has even been dismissed. Apparently the two parties managed to agree that (effective immediately) Keith Meister, a managing director of the Icahn investment funds and principal executive officer of Icahn Enterprises would be "appointed to serve on the [firm's board of directors]," and William R. Hambrecht, founder, chairman and CEO of WR Hambrecht + Co. and co-founder of Hambrecht & Quist, would be "nominated for election" during the 2008 annual shareholders meeting. Heck, Moto's even soliciting Mr. Icahn's input in dealing with the hopeful separation of businesses -- but then again, it would probably take advice from just about anyone given the current state of affairs.

German trucker uses mobile as "ear warmer," court believes it

Oh sure, we've seen alleged criminals wriggle out from under the strong arm of the law, but this one takes things to an entirely different platform. Reportedly, a truck driver in Germany was pulled over for yapping on his cellphone while cruising, but apparently, said trucker actually wasn't talking when the boys in blue saw his handset upside his melon. As the story goes, the 43-year old was actually using the freshly recharged mobile to "warm his ear" in an attempt to alleviate an earache. Astonishingly enough, he was even able to provide "an itemized telephone bill proving he had not been using the phone at the time he was stopped," thus, a court in Hamm accepted the excuse and let him go sans penalty. Something tells us this guy's got friends in low places.

[Via Switched]

UK High Court finds invalidity in Qualcomm's patent dispute with Nokia

Just days after the ITC upheld a December ruling that stated that Nokia did not violate Qualcomm patents, the UK High Court has handed down its decision on a lawsuit initially filed in May of 2006. If you'll recall, the case involved Nokia's GSM / GPRS / EDGE-only handsets and a pair of Qualcomm's patents "that cover certain power saving and power control technologies." Nearly two years after the spat got real, the court has ruled that "although the Nokia accused products included the patented technologies, the power saving patent is invalid and that the power control patent is partially valid but, insofar as it is valid, is not infringed by Nokia." Granted, we reckon that could have been spilled out with fewer complexities, but the end result has Qualcomm considering "whether to seek permission from the UK court to amend the patents and appeal the decision." Please, just let it go.

ITC upholds ruling, reiterates that Nokia didn't violate Qualcomm patents

We remember when there was actually a glimmer of hope that the quarreling between these two may end -- man, was that a long time ago. Anyways, the International Trade Commission has reportedly upheld a judge's ruling made back in December which affirmed that Nokia did not violate Qualcomm patents. As expected, the latter firm expressed its utmost disappointment in the decision, and is already considering yet another appeal process. Then again, we may actually be a little sad if it didn't.

[Via PhoneScoop]

Samsung sued for defective Blu-ray players


We'll be straight with you -- we aren't surprised one iota by this one. For those keeping tabs, Samsung's slate of Blu-ray players have been plagued with issues essentially from day one, and while it has released a flurry of firmware updates over the years in an attempt to mend a variety of incompatibility issues, even its recent BD-UP5000 hybrid player is being axed early on after giving owners all sorts of fits. Apparently, one particular buyer isn't taking things lying down, and has decided to file suit against the mega-corp alleging that it has sold "defective Blu-ray players" to consumers. According to the suit, Sammy was "fully aware of the defective nature of the player [BD-P1200, in particular] at the time of manufacture and sale," and it also claims that the firm has "failed to provide a remedy consistent with the products' intended and represented uses." More specifically, the verbiage picks on the units' inability to play back select BD titles, and while some fixes have indeed been doled out, we still get the feeling many consumers have been left dissatisfied. Needless to say, this outcome should be interesting.

[Thank, Nfinity and Prey521]

Stefan Eriksson released from jail, awaiting expulsion


Just as expected, the former Gizmondo Europe director is free at last -- well, almost. Barely a year after Stefan Eriksson was sentenced to "three years" in the slammer, he's now been let loose from behind bars and is currently "awaiting expulsion." Purportedly, everything was nearly in place to ship him back to Europe prior to Christmas, but apparently, the Swedish consulate has taken its sweet time in preparing a new passport. What's still unclear, however, is whether the Ferrari Swede will be flown back to Sweden or Germany, but if all goes to plan, we'll be liveblogging the whole ordeal as soon as that news breaks (we jest, we jest).

SCOTUS hearing milestone LG v. Quanta patent suit arguments

True to its word, the US Supreme Court has started to hear arguments in one of those LG vs Quanta patent suits we've been following, with its eventual decision expected to have major effects on the rights of patent holders. Specifically, LG is arguing that since chipsets sold by Intel to Quanta use licensed manufacturing techniques and employ non-Intel components, Quanta also owes LG compensation as per its original agreement with Intel. Pretty confusing, we agree, but the Court's final decision -- expected in June -- promises to clear up once and for all what has admittedly become a legal gray area concerning so-called "exhausted" patents.

So-called iPod tax overturned by Canadian court

Splendid news on the Canadian front -- it seems as if that proposed tax on digital recorders and storage devices (you know, like Apple's iPod for instance) will actually not come to pass. According to Judge Karen Sharlow, the board "had no legal authority to certify a tariff on digital audio recorders or on the memory permanently embedded in digital audio recorders." The ruling enables all music lovin' Canucks to breath a sigh of relief, as it makes tacking on fees ranging from C$5 ($4.95) to C$75 ($74) in order to "compensate the recording industry for music that was copied" illegal . From here, a decision still needs to be made to clarify the legality (or illegality) of copying music from discs to DAPs, but at least we're seeing a touch of levelheadedness in the music biz, regardless.

[Via ArsTechnica]

Vonage, Nortel call a truce -- no cash changing hands

Although the press release issued to announce the settlement between Vonage and AT&T earlier this month is still the shortest we've seen in all of 2007, we're pretty certain the one doled out to trumpet the truce between Vonage and Nortel is holding down the two-spot. In just five wee sentences, we learn that the two have agreed in principle to end the litigation pending between 'em, and though no cash will be changing hands, the agreement does involve a limited cross license to three patents per firm. Way to put the past behind before entering into the new year, we say.

ITC dashes Qualcomm's hopes, rules in favor of Nokia

No, this isn't some horrific dream stuck on repeat. The legal quarrels between Nokia and Qualcomm are actually still ongoing, and while a US International Trade Commission judge has indeed issued an initial determination that favors Nokia, you can bet your bottom dollar that Qualcomm will be "petitioning the commission for a review." Nevertheless, judge Paul Luckern reportedly "found no infringement or violation by Nokia of the three asserted Qualcomm patents," which consequently led Nokia's CFO to proclaim that this was simply "another failed attempt by Qualcomm to mislead both Nokia and the telecommunications industry." Of course, we wouldn't recommend striking this battle off as complete -- after all, the determination now has to be forwarded on to the full commission for review, and it's not slated to dole out a final call until April.

[Via Yahoo / Reuters]

Dell, Motion Computing sued for patent infringement over touch panels


You don't have to look far outside of the Eastern District of Texas to find yourself a fresh patent infringement case, and sure enough, that's precisely where this one was filed. Getting dinged up today is none other than the Round Rock powerhouse and Motion Computing, both of which are being sued for so-called willful infringement on Typhoon Touch Technologies / Nova Mobility Systems touch panel patents. Apparently, the two defendants are being accused of profiting off of two particular patents without paying the plaintiffs their respective royalties, and the lawsuit is seeking to "enjoin Dell and Motion Computing from the continued violation of [the] patents" while also extracting a presumably hefty sum of cash. No specific products are blamed, but we're told that the patents cover technology used in tablet PCs, slate PCs, handheld PCs, UMPCs, PDAs and a host of other gear.

Nokia's patent-licensing case against Qualcomm dropped by Dutch court

Last we heard from the seemingly endless Nokia / Qualcomm kvetch-fest, the former company was soliciting the ITC's help in barring US Qualcomm chip imports, but for those wishing on their lucky stars that this spat would simply vanish into the night, we've got marginally good news. Apparently, a trio of judges in a Dutch court ruled that it didn't have jurisdiction to rule on the phone maker's claims outside of The Netherlands, thus, the patent-licensing case against Qualcomm was dismissed. Aside from claiming that its "jurisdiction was limited," the court also stated that Nokia's gripe was "too broad to give a reasoned decision." Of note, a German court also dismissed the case just last month on "similar grounds," but if you were counting on Nokia to just take the news in stride, we doubt you'll be pleased to hear that it's already "considering if it will appeal the decision."

Lawsuit claims iPod + iTunes bond is monopolistic


Although we aren't inclined to believe that this is the first time such a suit has been brought upon Apple, a new one claiming that the Cupertino powerhouse has unlawfully tied the iPod to its iTunes Store has made its way to the US District Court for the Southern District of California. The complaint was filed by a Florida resident on behalf of all Florida-based iPod owners and iTunes Store customers, and it basically alleges that certain limitations -- such as the inability to play content purchased through iTunes on anything not labeled an iPod -- is "unreasonable and illegal under Florida's antitrust and unfair trade laws." Furthermore, the plaintiff claims that Apple willfully disabled embedded support for rival formats, and stated that it was "in possession of monopoly power in the portable digital media player market, the online music market and the online video market." 'Course, it's not like those lawyers at 1 Infinite Loop aren't used to this stuff by now, and we really can't see this being the beginning of the end (nor a catalyst for rule changes) for the oh-so-mighty iTunes Store.

HP hit with patent counterclaims from Acer


We had a hunch that this spat between HP and Acer wouldn't just fade away into the sunset, and sure enough, HP is on the receiving end of the latest scuffle. Most recently, Acer has filed patent counterclaims against HP in the US District Court for the Western District of Wisconsin and with the US International Trade Commission, alleging that HP "infringed on patents related to personal computers, servers and peripheral devices." Unfortunately, that's about the extent of it, but Acer did go on to state that it would "take all necessary steps to protect and enforce its patented technologies." If the gloves weren't already off, we'd say they are now.

Vonage settles with Verizon, owes up to $117.5 million

The world's favorite ATM is being hit up for even more coin today, as Vonage (presumably begrudgingly) agreed to resolve the patent lawsuit between it and Verizon. Reportedly, the actual amount that the VoIP provider will be forced to pay "depends on how the Court of Appeals decides Vonage's pending petition for rehearing regarding two of the Verizon patents." The breakdown is like so: if Vonage wins rehearing on either patent in question "or if the injunction is vacated," it'll owe $80 million. If the outfit doesn't win rehearing on either patent or "if the stay is lifted reinstating the injunction," it will soon find its thinning wallet a full $117.5 million lighter. Sounds like a prototypical lose-lose situation (or win-win, depending on perspective).



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