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Posts with tag Lawsuit

Nintendo ordered to pay $21 million to patent troll

Remember Anascape Ltd, the little "gaming company" that sued Microsoft and Nintendo back in 2006 for controller patent infringement? Well, it's payday to the tune of $21 million after a jury found Nintendo's Wii Classic, WaveBird, and Gamecube controller designs all guilty of violating Anascape's patents. Nintendo will appeal naturally while Microsoft settled the case before the matter ever went to trial. Now go ahead and Google Anascape with the challenge of finding a single service or product offering. Oh, did we mention that they are based in the patent-lawsuit friendly state of Tejas? Patent Trolls? Oh, you betcha.

Anascape... there is none.

Sprint affiliate gets litigious to block Clearwire WiMAX deal

Sprint affiliate iPCS has butted heads with its parent company in the past, and it looks like it's causing a bit of a ruckus once again, this time over Sprint's deal with Clearwire to form a new WiMAX-focused company. As the AP reports, iPCS (which has 640,600 subscribers in seven states) thinks that new service would compete with it in the markets it operates in, and therefore violate the exclusivity agreement Sprint signed in 1999. To put a halt to that possibility, iPCS has filed suit in the Cook County Circuit Court in Illinois to block the deal, adding that it "intends to fully and aggressively protect and defend its exclusivity rights." Not surprisingly, Sprint saw this one coming, and it asked a Delaware Chancery Court to rule last week that the Clearwire deal didn't violate its arrangement with iPCS, although there doesn't appear to be any further word on that front just yet.

[Via Phone Scoop]

Microsoft to appeal $1.35B EU antitrust fine


Microsoft's no stranger to appealing antitrust decisions before the European Commission's Court of the First Instance, and it looks like it's saddling up for another go 'round: the software giant has decided to appeal that $1.3B antitrust fine handed down in February. Saying that it was only filing as part of a "constructive effort to seek clarity from the court," Microsoft has asked that the decision be annulled. Yeah, that seems pretty clear. As always, our suggestions that this be resolved with a GTA IV / CoD4 round-robin deathmatch on Live have gone unheeded in favor of tedious paperwork and months of delay, but we're still holding out hope.

[Thanks, Hosain]

Creative could pay class-action settlement over exaggerated MP3 capacities

Creative Zen class action lawsuit
Couldn't fit those last two Oingo Boingo albums on your Zen when you thought you had enough space? Get ready for payback, because if you own a Creative Labs MP3 player made between May 5, 2001 and April 30, 2008, you could be entitled to a class-action settlement over this very issue. The proposed settlement -- not the first of its kind -- will force Creative to "make certain disclosures regarding the storage capacity of its hard disc drive MP3 players" and give a 50% discount on a new 1GB player or 20% off any item purchased at Creative's online store, if it's approved by the court. For its part, Creative denies any wrongdoing, but it looks like it's offering up the settlement to smooth thing over with consumers -- but you know it's going to fight the $900,000 requested by plaintiffs' attorneys in fees. Applications are due by August 7, 2008, so start digging up those serial numbers.

[Thanks to everyone who sent this in]

DISH Network says some models of DVR can no longer be sold


Although DISH Network was quick to assure customers that their DVRs would stay functional after losing its patent appeal against TiVo, it looks like the company was a bit quick on the draw. Although the majority of the company's DVRs have had their software updated to include non-infringing code, the VIP 721, 921, 942 and Homezone 1022 boxes haven't been updated and installers are being told that they can no longer install or activate them. You're safe if you've already got one up and running, but if you were in the market for a specific box, it's probably wise to double check those numbers.

[Thanks, Dennis]

Seagate sues SSD maker STEC

Seagate was talking a big game last month about how SSD makers like Samsung and Intel were infringing its patents, and the company wasn't joking around, following up all that tough talk with... what appears to be a test case against relatively minor vendor STEC. Seagate says STEC's drives violate four patents it holds on SSD interfaces and that while "it's not a big financial issue yet," the company wants "to set things straight." As you'd expect, STEC doesn't feel quite as casual about the situation, saying that it's been making SSDs since 1994, before any of Seagate's patents were filed, and that it's going to aggressively defend Seagate's "desperate" claims and seek to invalidate its patents. many of which it believes aren't even relevant to SSD technology. That sounds like a fight to us -- get ready for some nonstop paperwork legal thrills, people.

Read - NYT article about the suit
Read - Official STEC response

Tesla Motors sues Fisker over stolen secrets


Tesla Motors can't seem to keep itself out of the press, can it? The newest flare-up concerns rival Fisker and claims that the automaker has stolen trade secrets and copied design concepts. In a lawsuit filed Monday by Tesla, the carmaker accuses Henrik Fisker -- whom the company had hired to design its WhiteStar sedan -- of accepting the work to "gain access to confidential design information and trade secrets." The company alleges that Fisker then used that knowledge to launch a competing vehicle, and believes Fisker has implemented its range-extended vehicle (or REV) technology in the recently introduced Karma. "I think it's ironic that Fisker chose to name his car the Karma, when what he's done is very bad karma," said the company's lawyer. Fisker wouldn't comment on the case, then drove silently away when pressed.

[Via CNET]

Apple and Sony settle with Japanese battery burn victims


Remember that Japanese couple who sued Apple and Sony over one of those famous burning batteries? Well it looks like the companies have decided to settle, and will pay the fire-damaged pair a total of ¥1.3 million (or around $13,000). Of course, this is a bit less than the absurdly low $16,700 the two were asking, but percentage-wise they didn't make out too badly. During the trial, Apple Japan apparently accepted responsibility for the incident but couldn't justify settling out of court due to a request for "excessive compensation," while Sony maintained its distance by suggesting a link between the battery and burns wasn't clear. We're sure the guy who made the trip to the hospital thinks otherwise.

[Thanks, Jackie]

Ultra sues just about every other modular power supply manufacturer

Ultra Sues Twenty-Two Modular Power Supply Makers
Ultra Products, Inc. is trying its hand at that most glorious of corporate traditions: suing the pants off one's competition. The maker of computer components is taking 22 -- yes, twenty two! -- of their competitors to court, claiming to have a patent for modular power supplies since November of 2006. Ultra says they sent several warnings to the companies about the violations and is asking for the legal maximum of three times the damages. The suit actually doesn't accuse the companies of violating the patent, but of being an accomplice to end users who are violating the patent. Oh, and unless we're missing something here, Hewlett Packard filed a modular power supply patent in 2000 -- we certainly recall Screen Savers covering the devices way back in '99.

[Thanks, Mack]

DISH Network can't stop, won't stop fighting TiVo, heads to Supreme Court; your DVR is safe

DISH Network hasn't taken "no" "denied" or "not yours" for an answer before in its battle against TiVo, and it's not going to start now. In a statement, the company expressed its plans to appeal the Federal Circuit's ruling against a rehearing to the Supreme Court. No matter how it ends, customers don't have to worry about jackbooted government agents (or software updates, whatever) stealing their precious DISH DVR functionality, because its "next generation" DVR software has already been downloaded to your box, and does not infringe on any patents. We'll leave this up to the lawyers to fight out (and write amusing disclaimers about), but in the meantime hit the read link to hear DISH's side of things.

[Thanks to everyone who sent this in]

TiVo's win over DISH Network upheld by court of appeals: It's over


Bad day for DISH Network, first its satellite is gone for good and now comes word its appeal to overturn TiVo's lawsuit has been denied. That should put an end to the legal push and pull between the companies, with TiVo firmly on top, DISH customers could have their DVRs pulled out from under them. Win in hand, TiVo has a lot more leverage against other providers to put its service on their boxes, (which might not be the worst thing if you've used some cable DVRs) and leaves the company looking a lot more lively.

[Thanks Zatz Not Funny & Thomas Hawk]

ASUS countersues IBM, sticks tongue out from behind patent law


Pretty much anything that's predictably repetitive can be automated. As such, we expect corporate lawyers to be replaced by shiny dull robots just as soon as AI advances sufficiently beyond Japanese pet translators. Robots... lawyers... oh wait. Anyway, ASUS has mechanically responded to IBM's patent lawsuit with a scripted suit all its own. ASUS claims that IBM is violating two of its patents related to server technology and storage on the Internet. That's two claimed violations against IBM vs. three against ASUS -- if this were a playground, IBM would win and ASUS would have to hand over its lunch money. Instead, this is big time patent law so it'll cost somebody millions and create months of distraction.

Jury says Microsoft owes Alcatel-Lucent $376M in patent damages

Hey, remember that Microsoft / Alcatel-Lucent patent fight from 2006? Yeah, we didn't think so -- but the two companies have been duking it out in court over about ten different patents for a couple years now, and a jury ruled today that Microsoft infringed two user interface-related patents and owes damages to the tune of $376M. The two patents both cover touchscreens, with one describing a system of form data entry, and the other describing stylus data interpretation. Sexy, we know. The jury also found that the Microsoft had not infringed two other Alcatel-Lucent video-decoding patents, but the rulings doesn't mean this is all finally over -- Microsoft is planning on immediately appealing the decision, and there are still several other video-related patents being litigated. Yeah, we're on edges of our seats here -- tune in next time for another excitingly dull installment of Marshall Justice.

Sony BMG busted for software piracy in France

Ouch, that payback, it can be a bitch -- Sony BMG, distributors of rootkit-installing CDs and litigious foe of P2P users worldwide, has just been busted in France for using pirated software on its servers. And it gets even worse: Windows admin tool developer PointDev says a Sony BMG was caught when an IT staffer actually called up for support and gave a pirated license number to the phone tech. That's some pretty shady behavior for a company that's rammed anti-piracy measures down its own customers' throats -- too bad it's probably not going to feel the hit of the €300,000 ($475,000) lawsuit nearly as hard as the college students it routinely sues for $5,000.

[Via ZeroPaid, thanks to everyone who sent this in]

NVIDIA drivers responsible for nearly 30% of Vista crashes in 2007


That huge bundle of damning emails and documents Microsoft produced as part of the Vista-capable lawsuit is full of fascinating information about how the company developed, planned, and launched Vista, but the latest juicy nugget to come out if it suggests that a lot of problems faced by the troubled operating system are actually NVIDIA's fault -- nearly 30% of logged Vista crashes were due to NVIDIA driver problems, according to Microsoft data included in the bundle. That's some 479,326 hung systems, if you're keeping score at home, and it's in first place by a large margin -- Microsoft clocks in at number two at 17.9 percent, and ATI is fourth with 9.3 percent. Now, the chart doesn't contain a ton of additional information that would help put it in context -- a specific time period in 2007 would be nice, as would and driver and OS versions -- but we've been hearing about NVIDIA issues with Vista from the start, and this seems to confirm it. So that's pressure by Intel to support incompatible chipsets, outrage by Dell and Wal-Mart that the Vista Capable program was confusing customers, Microsoft executives saying they had been "personally burnt" by Vista, and now what looks like a huge NVIDIA driver problem -- who knows what else is going to come out of this lawsuit? At this point we're half expecting a photo of Gates signing a Save XP petition.



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