IntellectualPropertyLaw

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  • USPTO has 'tentatively' invalidated Apple's key rubber-banding patent

    by 
    Steve Dent
    Steve Dent
    10.23.2012

    The US Patent and Trademark Office may have just thrown a wrench into Apple's recent courtroom triumph over Samsung by invalidating one of the patents at the heart of the victory: rubber-banding. We noted at the time that Apple hit a "home run" with that particular IP, as jurors declared that all 21 disputed Samsung devices infringed it, no doubt resulting in a large part of the $1 billion (and counting) owed by the Korean maker. "Claim 19" of patent 7469381, which covers that feature, was invalidated by the USPTO on two counts, both of which were cases of prior art that allegedly existed before Cupertino claimed them. Either one could be enough reason to throw out that part of the patent, according to FOSS Patents, provided that the USPTO's ruling stands up. Either way, Samsung has already brought the new information to Judge Koh's attention -- which might bring about some new action very soon.

  • PIPA and SOPA votes pushed back in the face of overwhelming opposition

    by 
    Terrence O'Brien
    Terrence O'Brien
    01.20.2012

    In the face of overwhelming opposition from just about every major technology company and the general public, the US Senate and House have decided to delay votes on the anti-piracy bills known as PIPA (Senate) and SOPA (House). Majority leader Harry Reid and Judiciary Committee Chairman Lamar Smith both announced that upcoming work on the acts would be delayed, "until there is wider agreement on a solution." While both have said that concerns over piracy must be addressed, it seems unlikely that they or any other politician will be rushing to revive the would-be laws after very public protests from Google and Wikipedia and the reported deluge of phone calls and emails that hammered offices at the capital Wednesday. The fight over intellectual property rights and fair use is far from over but, as the sibling bills face yet another delay, it's beginning to appear as if SOPA and PIPA's days are numbered

  • Microsoft, Alcatel-Lucent settle decade-old patent spat

    by 
    Andrew Munchbach
    Andrew Munchbach
    01.19.2012

    It's no secret that Alcatel-Lucent and Microsoft have a long and somewhat litigious relationship, but today the two companies are letting bygones be bygones. CNET is reporting that A-L and MS have reached a "confidential settlement" in a patent dispute dating all the way back to 2002. Originally targeting Dell and Gateway, then-Alcatel alleged that information entry techniques used by Microsoft Outlook, Microsoft Money and Windows Mobile violated a portion of its patent portfolio. Microsoft stepped in on the OEMs' behalf, and in a 2008 ruling, a court granted the newly formed Alcatel-Lucent over $350 million in damages -- subsequently reduced to $70 million in July of 2011 and further reduced to just over $23 million upon appeal. The final settlement is, as we said, unknown, but a Microsoft spokesperson was quoted as saying the deal is "to the satisfaction of both parties." No word on when the two will file their next multimillion dollar blockbuster lawsuit, but apparently both counsels will be sleeping easy tonight.