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Apple and Samsung to spar over iPhone 5, Galaxy Note II at next trial
Perpetual court combatants Apple and Samsung have revealed their final list of allegations ahead of a trial starting March 31st. Though each started with five disputed patents, Samsung only has four now since a multimedia sync patent was knocked out earlier by Judge Lucy Koh. She also gave Apple a summary judgement win on its auto-complete IP, putting it ahead before the trial even begins. As for the rest, it's worth noting that all of Apple's patents are related to user interaction, while two of Samsung's are standards-essential (FRAND) patents -- which companies are normally obligated to license out. Samsung did have one point in its favor, however: the USPTO has agreed to take a second look at the validity of Apple's aforementioned auto-complete patent. As for the devices accused of infringing those patents, none are very recent models and many aren't even on the market anymore. However, the historical sales of each will affect the size of any award given by the court if an allegation is upheld. That's a lot of infringement for ultra-popular models like the Galaxy Note II, Galaxy S III, iPhone 5 and iPhone 4s, which have far outsold disputed models from the previous trial (like Samsung's original Galaxy S). Other names on the list include the Galaxy Nexus and Galaxy Tab 2 10.1 from Samsung, along with Apple's iPad 2, iPad with Retina display (3rd-gen), iPad with Retina display (4th-gen) and iPad Mini (the original, without a Retina display). Of course, there's always the upcoming negotiations between company CEOs to avoid all that, but... nah, who are we kidding.
DirecTV drops The Weather Channel, accuses it of loading up on reality TV
Usually, when there's a dispute over a pay-TV system carrying a channel, it hinges on sports or in-demand shows like Breaking Bad, The Walking Dead and Mad Men. This time, it's DirecTV sparring with ...The Weather Channel? Believe it or not, as of midnight ET, the venerable forecast standby -- and former good friend of the satellite broadcaster -- has been switched out for another channel since the two couldn't reach a new deal. As usual there's a war of words over who is in the wrong, with The Weather Channel claiming DirecTV's move puts lives in danger by replacing its experienced forecasters with a "cheap startup." In response, DirecTV says that TWC has shifted nearly half of its programming to reality TV and that besides WeatherNation (now broadcasting on 362 in TWC's place), it has weather news on local stations and emergency channels. This fight is a surprising one, but we probably should've seen it coming once TWC launched an array of new shows and started randomly assigning names to winter storms. The only real question? With constantly updated weather info available from Google's search and almost any phone's home screen (TWC itself offers apps on platforms from Android to Apple TV), how long will it take before viewers notice the channel is gone?
Microsoft obtains XboxOne.com, XboxOne.net domains
Microsoft has succeeded in securing the XboxOne.com and XboxOne.net domains from a UK resident. The company filed a complaint earlier this year, saying that the previous registrant had no right to the Xbox One trademark and that the domains were registered in bad faith. The domains were transferred to Microsoft with help from the Richard Law Group, which has helped Microsoft with previous domain disputes, Fusible reports. Both domains were most recently updated on July 16. Earlier this month, Nintendo lost a similar dispute, failing to secure the WiiU.com domain that was established by an unknown registrant in 2004.
Nintendo loses appeal in wiiu.com dispute
Nintendo of America has lost an appeal in a domain dispute it filed with the World Intellectual Property Organization over the ownership of the wiiu.com domain name. Nintendo secured a series of Wii U-related domain names in 2011 – including wii-u.com and wii-u.net – but an unnamed registrant snapped up the coveted wiiu.com domain in 2004, before the original Wii console was announced. Nintendo filed a cybersquatting complaint in a bid for domain ownership in February, which the WIPO subsequently denied. Nintendo will now need to contact wiiu.com's domain owner directly in order to negotiate a purchase. Microsoft recently filed a similar domain dispute with the National Arbitration Forum in an attempt to claim ownership of the xboxone.com and xboxone.net domains.
Livescribe renames Sky smartpen after losing trademark dispute with BSkyB
Livescribe v BSkyB was one of the stranger trademark battles we've seen recently, because the two companies operate in such different spheres -- one makes smartpens, the other runs TV and internet services. Nevertheless, the English High Court has now ruled in favor of BSkyB, forcing Livescribe to recall all stock bearing the offending three-letter word and to re-baptize its "Sky wifi smartpen" simply as the "wifi smartpen". Suddenly, the packaging left over from our review of the device just feels so naughty.
HTC and Apple settle all patent issues, enter 10-year licensing deal
HTC and Apple have just confirmed that they've settled all of their ongoing patent disputes, ending all of their lawsuits and opting into a 10-year licensing agreement. To refresh your memory, this particular saga began back on March 2nd, 2010, when Apple filed lawsuits with the International Trade Commission and US District Court. That initial filing covered 20 patents related to iOS, which it accused HTC of infringing upon, and since then it has only been an ever-expanding battle. Essentially all the juicy details of the settlement between the companies are completely under wraps, but both HTC's CEO, Peter Chou and Apple's man-in-charge, Tim Cook have issued brief words for the official joint statement (the whole of which can be seen after the break): "We are glad to have reached a settlement with HTC," said Tim Cook, CEO of Apple. "We will continue to stay laser focused on product innovation. "HTC is pleased to have resolved its dispute with Apple, so HTC can focus on innovation instead of litigation," said Peter Chou, CEO of HTC. Notably, this settlement applies to all past and future patents for the companies, meaning we shouldn't be witnessing the two fight it out in court for years to come -- at least on the patent front. Hopefully we'll soon begin to see more of the same with other ongoing patent wars -- Apple vs. Samsung, anyone?
Korean Audi and BMW drivers can relax, LG v. Osram LED patent dispute settled
Though it seems like some patent disputes never go away, at least an ongoing tiff between LED makers LG and Osram has been settled amicably. Details were kept under wraps, other than a statement that "the parties have reached a license agreement for their respective patents" and that all the disputes worldwide were dismissed. That means that a threatened Korean ban of Audi and BMW vehicles using the LED tech won't happen -- but we doubt teutonic car-lovers there were terribly worried about that unlikely-seeming proposition.
Apple publishes 'Samsung did not copy' statement through gritted teeth
Whatever you think of the continual legal tussles between Apple and Samsung, a UK court's decision to force the former into publicly acknowledging that the latter did not copy its design will have seemed a little egregious even to the most ardent sammy-sympathiser. Well, that post is now live -- on Apple's site at least -- and as you might expect, is studiously manicured to almost not feel like an acknowledgement at all. The opening legalese notes that Samsung did not infringe "registered design No. 0000181607-0001," before going on to point out in perfect lay-terms the positive comments Judge Colin Birss made about its own slates. While Apple does confirm that the UK decision was further upheld by the court of appeal, it is also keen to remind you that other European legal jurisdictions (namely Germany) don't share this opinion. Head to source to read the statement in full.
Google Senior VP of Mobile: Aliyun OS 'under no requirement to be compatible', but it won't get help from Android ecosystem alliance
Andy Rubin has added another response to Alibaba's Aliyun OS, after Google's insistence that Acer put the launch of its new smartphone on pause. He focuses (again) on the Open Handset Alliance (OHA), which OEMs agree to when they work with the platform, promising to keep Android a happy (and relatively compatible) platform. Amazon dodges any similar issues with its Kindle Fire tablets, because it didn't sign up to the same alliance. Rubin says that because Aliyun uses Android's framework and tools -- as well as housing some suspect Android apps (and pirated Google programs) within its own App Store -- the mobile OS "takes advantage of all the hard work that's gone into that platform by the OHA." Google's looking to protect how Android behaves as a whole, and the senior VP suggests that if Alibaba's new OS wanted "to benefit from the Android ecosystem" then they could make the move across to full compatibility. We're still waiting to hear what Acer (and Alibaba) plan to do next. [Thanks Jimmy]
Google wants 'better compatibility' for Android, Alibaba says 'Aliyun is separate,' Acer takes the brunt of it
On Thursday, we starting hearing claims that Google had strong-armed Acer out of launching its A800 CloudMobile in China with the Aliyun operating system. We reached out to the search giant for its response, but they declined to comment. Over the last 24 hours, though, Google has attempted to explain its stance, but at the same time has potentially created some confusion about how open Android really is. Below is the initial statement received by Marketing Land: "Compatibility is at the heart of the Android ecosystem and ensures a consistent experience for developers, manufacturers and consumers. Non-compatible versions of Android, like Aliyun, weaken the ecosystem. All members of the Open Handset Alliance have committed to building one Android platform and to not ship non-compatible Android devices. This does not however, keep OHA members from participating in competing ecosystems." This is clearly outlining Google's intention to prevent forked Android spin-offs from diluting the platform and the user experience. Fair enough. The trouble seems to be, however, defining when something is Android compatible, rather than its own separate (albeit Android-based) operating system. Amazon's Kindle Fire will instantly spring to mind. The new tablets run on Ice Cream Sandwich, but are fenced-off from the official Play store and other Google offerings. As you can imagine, the debate has started to get a little heated, we go into it in more detail past the break.
Grooveshark back in Google Play after piracy hullabaloo
Grooveshark is no stranger to controversy, but after it was sued by major music labels, Google decided it'd had enough and pulled the app last year. But the streaming service said it's never allowed free downloading, claiming other apps using its name without permission were permitting the piracy instead. The faux-Grooveshark offenders were booted with Google's help, and the app has subsequently been re-stocked on Play's virtual shelves. Meanwhile, the company has paid its debt to EMI, and could even be the target of an acquisition, according to CNET. So, if you want to share the news with your pals (along with some tunes), hit the source below.
Post-acquisition Motorola files fresh ITC complaint against Apple
We hope you didn't think that Motorola would fight a purely defensive patent war against Apple after Google's acquisition closed. Just days before a final ruling on its initial complaints, the RAZR maker has filed another dispute with the International Trade Commission that accuses Apple of violating patents through some iOS devices and Macs. Exact details of the dispute are under wraps for now; Motorola, as you'd imagine, only contends that it has no choice after Apple's "unwillingness to work out a license." While Apple hasn't said anything about the subject, we already know how much it disagrees with Motorola's previous licensing strategy -- it's unlikely Apple will just roll over, no matter what's at stake.
Microsoft downplays Metro design name, might face a lawsuit over all that street lingo
If you've seen most of Microsoft's design language for nearly three years, there's only one word that sums it up: Metro. In spite of that urban look being the underpinning of Windows Phone, Windows 8 and even the Zune HD, Microsoft now claims to ZDNet and others that it's no longer fond of the Metro badge. Instead, it's supposedly phasing out the name as part of a "transition from industry dialog to a broad consumer dialog" while it starts shipping related products -- a funny statement for a company that's been shipping some of those products for quite awhile. Digging a little deeper, there's murmurs that the shift might not be voluntary. Both Ars Technica and The Verge hear from unverified sources that German retailer Metro AG might waving its legal guns and forcing Microsoft to quiet down over a potential (if questionable) trademark dispute. Metro AG itself won't comment other than to say that these are "market rumors," which doesn't exactly calm any frayed nerves over in Redmond. Should there be any truth to the story, we hope Microsoft chooses an equally catchy name for those tiles later on; Windows Street Sign Interface Windows 8-style UI just wouldn't have the same ring to it.
Samsung gets temporary stay on Galaxy Nexus ban in US while waiting for Apple response
Samsung is getting just a bit of respite from the ban on the Galaxy Nexus, after all: Judge Lucy Koh has granted Samsung's request for a temporary halt to the ban while waiting on Apple's response on the subject, due July 12th. That's not much of a break, but it lets Google resume selling the phone on Google Play for several more days before there's a more definitive consideration on the merits of a preliminary injunction. We're still seeing the Android 4.1 phone listed only as "coming soon," but it may just be a matter of hours before Jelly Bean lovers get another taste.
Apple sued by Shanghai firm for allegedly treading on patent with Siri, may say 'ni hao' in court
For all the heat it dishes out elsewhere in the world, Apple has had a hard time catching a break in China -- between having to settle with Proview over the iPad trademark and a recent, smaller dispute over Snow Leopard, it's been primarily on the defensive. The latest rear-guard action is in Shanghai, where Zhi Zhen Internet Technology claims that Siri's voice command charms infringe on a patent used for the Xiao i Robot voice system on phones and the web. We're just hearing about the lawsuit now, but Zhi Zhen insists that it's been long in the making with accusations filed in June and a patent application dating all the way back to 2004. Apple is characteristically silent on how it will tackle the case. We suspect it'll be more than a little eager to fight back in court: in addition to the lawsuit presenting a very conspicuous roadblock to bringing Siri to China with iOS 6, it comes from a company that hasn't been shy about plastering the Siri icon all over its home page.
Microsoft catches a break: ITC remands Motorola case, Xbox 360 dodges at least a 2012 ban
Things were looking grim for gaming in April, when the International Trade Commission decided that the Xbox 360 violated Motorola patents and the console's US future was in doubt. The agency hasn't necessarily reversed its decision, but it just gave Microsoft a significant (and possibly permanent) reprieve. The Commission has remanded Motorola's case back to the Administrative Law Judge that gave the initial ruling, which very nearly restarts the clock: a new ruling won't come for months, and the usual review process guarantees even more of a delay even if the decision once more works in Motorola's favor. Patent suit watcher Florian Mueller is now confident that the Xbox 360 won't face any real risk of a ban in 2012, at a minimum. If the new decision doesn't clear Microsoft outright, it still pushes any ruling past a Microsoft lawsuit's trial in mid-November, when Motorola might be blocked from attempting any ban using its standards-based patents. We've rarely seen a majority or total reversal of this kind of ITC patent dispute before it reaches the appeals stage, but there's a distinct chance of that flip happening here -- especially as the ITC is using Apple's successful dismissal of an S3 Graphics victory as the judge's new template.
Dutch court rules in favor of Samsung in 3G patent case against Apple, could lead to compensation
Remember that Apple versus Samsung case? You know, the one with the patents? Okay, well while these disputes are not rare, they do occasionally finally get decided upon. A District Court in the Hague, Holland, has ruled that some of Apple's older iPads (versions one and two) and iPhones (3G, 3Gs, and 4) violate one of the Korean firm's 3G patents. This comes after the same court shot down two of Samsung's other patent claims. Today's ruling regards European Patent EP1188269, which protects "Apparatus for encoding a transport format combination indicator for a communications system." Dutch site WebWereld.nl reports that the court ruled that the two tech giants try and reach a compensatory deal. Despite this, Samsung will still have to pay up €800,000 in costs to Apple for the two cases it lost. There is no talk of a sales ban at this time.
HTC drops federal appeal of ITC complaint exonerating Apple, more arrows remain in the quiver
HTC was understandably upset when its first ITC complaint against Apple was tossed out. The company must have since decided that it has bigger fish to fry, as it was just granted a motion to dismiss its federal-level appeal. The choice isn't a defeat so much as an acknowledgment that other disputes are underway which stand a better chance of surviving scrutiny. As it stands, HTC already has more appeals either on deck or in progress that it will more likely want to pursue, such as the dispute over using Google's patents as well as its off-again, on-again acquisition target S3 Graphics' loss at the ITC last year. Apple, naturally, hasn't been waiting around.
HTC decides to buy S3 after all, keeps it on ice for future patent wars
HTC was exhibiting more than a bit of buyer's remorse after its acquisition of S3 Graphics went off the rails: it had used the $300 million deal to scoop up a company with a victory over Apple in a patent dispute at the ITC, only to see that decision reversed and its dreams crumble. S3 will be glad to know that HTC wants the shotgun wedding to last. The One X creator's general counsel, Grace Lei, is now promising that the buyout will wrap up at some point in the near future after "cautious assessment" of its worth. The union won't help HTC fend off escalating Apple assaults, but the 270 patents may make other companies think twice before starting a feud -- oh, and give HTC some graphics technology to improve its products.
ITC denies HTC chance to wield Google patents against Apple
HTC hasn't been having the best time bringing ITC disputes against Apple, and the situation just got a bit more glum. Administrative Law Judge Thomas Pender has ruled that HTC can't use the patents it borrowed from Google to challenge Apple's products, as the Taiwan phone maker hasn't properly acquired all the necessary rights. If the decision is upheld after the (possible) appeal, it cuts the amount of ammunition for HTC's second complaint by more than half: only three of the eight patents will hold up. The One X designer can still try to appeal or get Google involved, and Apple still can't rest easy knowing that just one patent infringement verdict would be bad news. Even so, the ruling does take a considerable amount of sting out of the ITC case as-is -- and at a time when Apple is ramping up its own complaints.
