litigation
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IBM accuses Twitter of patent infringement, wants to strike a deal
Twitter's previously said it wanted to steer clear of patent litigation and focus on our feeds, but IBM may other ideas. In a tweak to its pre-IPO S-1 filing with the US SEC, Twitter let slip that it's recently received a letter from IBM accusing it of infringing three of the company's patents concerning: "efficient retrieval of uniform resource allocators," "presenting advertising in an interactive service," and "programmatic discovery of common contacts." There's no need for lawyering up just yet, as IBM would rather "negotiate a business resolution" -- or get paid off, in other words -- before lodging any legal complaint. Discussions could easily move from the boardroom to the courtroom, however, as Twitter also mentioned in the filing it believes it has "meritorious defenses to IBM's allegations." Oh well, here we go again.
Apple restores push email in Germany, nearly two years after Motorola shut it down
We're no fans of patent litigation, and we imagine German iPhone users weren't thrilled when Motorola shut down iOS push email in the nation. After numerous pieces of paperwork (and a $135 million bond) was put on the table, an interim decision has allowed Apple to offer the service while the issue is resolved in court. All Teutonic users need to do is activate "Fetch New Data" from the "Mail, Contacts and Calendars" settings pane and, when all of this is settled, hope that messy patent litigation can stop getting between us and our email.
ITC bans imports of some Samsung devices pending presidential review (update: Samsung statement)
Despite that billion dollar verdict, the legal battle between Samsung and Apple continues, and the most recent happening comes from the ITC. Following up on an ITC administrative law judge's ruling late last year finding that Samsung had infringed a few of Apple's patented designs and tech, the Commission made its final determination today and issued a limited exclusion order for some Samsung devices. In its decision, the Commission found no violations of any of Apple's design patents, and only found that Samsung infringed a pair of patents -- patent number 7,479,949 for touchscreen technology, and patent number 7,912,501 for audio jack I/O circuitry. In doing so, the Commission stated that devices with workarounds to the asserted patents that were found not to infringe by the ALJ are not subject to the exclusion order. As a result, offending Samsung devices are scheduled to be banned from importation after a 60-day presidential review period. During those two months, the devices can still be sold, but unless Obama steps up for Samsung in the same way he did for Apple in a separate ITC case, we won't be seeing them stateside again. While we don't have an exact list of the affected devices, we do know that the devices at issue are older models like the Continuum, the Transform and the Galaxy S II. So, consumers won't feel much of an impact from the ban, but we bet Apple's legal team will have a much more enjoyable weekend as a result of this latest win. Update: Samsung has issued a statement on the matter, which can be found after the break.
Attorney leading lawsuit against EA: NCAA 'ducking its responsibilities'
Steve Berman, managing partner of Hagens Berman, the law firm alleging that NCAA and EA illegally used college athletes' names and likenesses in its NCAA Football series, said "the NCAA's decision to end its long and hugely profitable relationship with EA is tied directly to the pressure our litigation is bringing [to] bear," in a statement to the media. "This announcement makes plain that the NCAA is attempting to mitigate the damage by ducking its responsibilities," Berman said. The lawsuit in question is one of two from Hagens Berman against EA, the other having been settled in July 2012 by EA for $27 million with the requirement that EA not renew its exclusive license with NCAA for five years. NCAA's announcement this week that NCAA Football 14 would be the last game in the series to use the NCAA branding included a note that "given the current business climate and costs of litigation, we determined participating in this game is not in the best interests of the NCAA," pointing to the ongoing legal battle as reasoning for its departure from the partnership. "Our suit illustrates how the cabal between the NCAA and EA has exploited student athletes for years, using their images in video games without compensation," Berman said. "While we are heartened they've stopped the practice, we believe they owe those student athletes a great deal more than their implied promise to stop stealing their images." EA announced that it will continue development on next-gen college football games without the use of NCAA branding. It will do so under a non-exclusive, three-year agreement with the Collegiate Licensing Company beginning on July 1, 2014.
Apple and Amazon App Store trademark lawsuit ends amicably
And just like that, the great Apple and Amazon "app store" legal tousle ended. Today, Apple was granted its request to dismiss the suit it filed back in 2011 to prevent Amazon from using the app store moniker for its Android software market. Part and parcel with the dismissal, Apple also gave Amazon a covenant not to sue, assuring Bezos and company won't have to run this particular legal gauntlet again. We aren't sure exactly what prompted Apple to finally drop the suit, but given indications that the court was inclined to take Amazon's side of things fairly early on, this resolution isn't terribly surprising. Should you wish to read the good news in legalese, we've included the court's order as the source below.
Samsung wins ITC ban of AT&T compatible iPhones and iPads due to patent infringement
Samsung got a big win in the International Trade Commission today, as the ITC handed down a final ruling finding that several models of AT&T-compatible iPhones and iPads infringe a Samsung patent, and issued an exclusion order preventing them from being imported, sold or distributed in the US. This final ruling comes months after an ALJ determined that Apple did not infringe any of Samsung's IP, but clearly, the commission felt differently upon its review. This final determination holds that AT&T models of the iPhone 4, 3GS and 3G, plus AT&T iPad 3G and iPad 2 3G models infringe four claims of Samsung's patent number 7,706,348 for encoding mobile communications. The ITC reversed the ALJ's ruling in part based upon modified construction of several key terms in the claims at issue, but upheld the prior decision regarding the other three patents Samsung asserted in the action. So, what does this mean for Apple? Not a tremendous amount, truthfully, as the newly banned devices are no longer Cupertino's standard bearers and account for little of the company's massive profits. Plus, Apple will, no doubt appeal the decision in court. Still, Samsung's bound to feel pretty good about the victory, and every little bit helps in its quest to remain atop the smartphone heap, right?
Twitter's Innovator's Patent Agreement launched, applied to first patent
The patent wars have grown long and tiresome for many, but Twitter's among the first to take meaningful action to stop them with its Innovator's Patent Agreement. Today, the company launched version 1.0 of the IPA and is using it for the first time. Patent number 8,448,084, which claims a method for refreshing a scrollable list of content (aka pull-to-refresh) is the first to get the IPA treatment, which means that Twitter has pledged to use this patent for defensive purposes only. What's that mean? Well, under this version of the IPA, Twitter can assert claims against anyone who has filed, threatened or participated in a patent infringement suit against Twitter or any of its users, affiliates, customers, suppliers or distributors. It can also assert the patent to "deter a patent litigation threat" against Twitter and its peoples. If you're thinking that such a broad definition of "defensive purposes" means Twitter can pretty much use its IPA'd patents how it chooses, you're pretty much right. Still, we applaud Twitter's effort to pre-empt future patent litigation, but we'll have to wait and see if it accomplishes its goal of having companies spending their money on innovation instead of litigation.
Apple requests Android source code in Samsung lawsuit
That's the word from Bloomberg News today. Apple has asked a US magistrate judge to force Google to turn over the Android source code. It's part of Apple's case against Samsung, and Apple continues to believe its intellectual property has been stolen. Not surprisingly, Google, who owns the Android source code, isn't eager to comply. Complaining Apple is casting too wide a net, Google attorneys say Apple's request is too broad. The legal arguments stem from a case Apple filed last year that covers technology in newer smartphones like the iPhone 5. Apple wants to make sure newer smartphones from Samsung, like the Galaxy S III, don't infringe Apple intellectual property. Google has not been named a defendant in any of the litigation, as Apple has preferred to go after handset manufacturers who are using the Google source code. Even though Apple received a billion-dollar verdict in its first case against Samsung, it has received no money yet as appeals and requests for a retrial wind their way through the court system.
Temporary restraining order blocks Uber and others from New York City operations
In a move which should surprise no one who's been following along, New York City livery car groups successfully won a bid yesterday afternoon for a temporary restraining order against New York City's smartphone-based hail pilot program ("e-hails," if you will). This effectively shuts down any (limited) plans UberTAXI and others had for getting back in business in Gotham -- both Uber and Hailo are being stopped from operating in NYC as a result. Under the pilot program -- approved earlier this year but mired in legal drama ever since -- services like Uber and Hailo could be used in NYC's approximately 13K yellow cabs. Livery cab businesses in NYC have sought to stop the program's implementation via legal means. Its latest effort, the "application for interim relief," was admitted via lawyer Randy Mastro of Gibson Dunn, and cites the following as its reason for the temporary restraining order: "Absent emergency relief, petitioners and the public will suffer irreparable injury to their livelihoods, businesses and industry, fundamental rights and environmental interests, all of which will be impossible to remedy after this case is resolved in petitioner's favor."
German court dismisses Nokia patent claim against HTC, HTC 'delighted'
In HTC and Nokia's ongoing patent litigation, one patent infringement claim against HTC was dismissed today by the District Court of Mannheim, Germany. The patent in question -- regarding "a communication network terminal for accessing internet" -- describes a "terminal" that can access the internet. As FOSS Patents points out, today's dismissal was part of an ongoing collaboration between Google and Android phone makers who've been targeted by Nokia over claims against the Google Play store. "Nokia had alleged that Android's app architecture centered around the Google Play store infringes the '016 patent because of the way it allows third-party app developers to provide data to the end-user devices on which their programs run via a Google-operated server," the site notes. In that regard, today's dismissal marked a victory for Google beyond HTC -- though HTC issued a statement this afternoon exclaiming its "delight" over the court's ruling. Nokia has yet to return our request for comment.
Google fined $190,000 in Germany for illegal WiFi snooping with Street View cars
Google's been taking heat for a number of years since its Street View cars were found to be pulling WiFi data, and the Hamburg Commissioner for Data Protection and Freedom of Information has today hit the search giant with a 145,000 euro fine (almost $190,000) for its indiscretions. You may not remember this specific case in Germany -- it was nearly three years ago that investigations began, after all -- but it has now come to a close with this fine and the ruling that El Goog illegally recorded personal data including emails, passwords and pictures, which have all reportedly been deleted. We know the company has enough cash to pay in full, so the ruling will likely make more of a dent to its image than its bank account.
ITC initial determination finds Microsoft doesn't infringe Motorola peer-to-peer wireless patent
Microsoft and Motorola's spat in the International Trade Commission started way back in 2010, but it looks like the case may be finally drawing to a conclusion after an initial ruling in Moto's favor was remanded for a second look. Reuters reports that on remand, the presiding administrative law judge reversed his stance in a new initial determination, clearing Microsoft of the remaining infringement charge for patent number 6,069,896 on wireless peer-to-peer technology. In response to this bit of good news, Microsoft VP Corporate VP and deputy general counsel had this to say: We are pleased with the Administrative Law Judge's finding that Microsoft did not violate Motorola's patent and are confident that this determination will be affirmed by the Commission. Back in October of last year, Motorola dropped the two WiFi-related patents it had asserted against Microsoft, and in January of 2013 it dropped both of its H.264 related patents from the ITC proceeding. With this latest ruling, it looks like Microsoft will escape from the ITC scott free, though it's not out of the woods yet, as the final call from the full commission won't occur until July. And, of course, Motorola can always take things to the Court of Appeals for the Federal Circuit should it choose to do so. Isn't the system of endless appeals that is the United States judicial system wonderful?
Google ends Street View litigation in the US, agrees to destroy collected data and pay $7 million fine
Google's long found itself in hot water where its Street View mapping practices are concerned, running afoul of authorities both in the US and abroad since 2010. But as of today, the search giant's putting an end to its domestic legal woes, agreeing to dole out $7 million to the 37 states and District of Columbia involved in the litigation. In addition, the company's pledged to destroy all of the user information (passwords, emails, etc.) it's thus far collected from unsecured networks -- unlawful snooping it claims was carried out by a "rogue engineer." Google admits to fumbling its dedication to user privacy in this one area and, as part of the settlement, has committed to not only educating its employees on best privacy practices, but to also launch a consumer outreach program addressing these same issues. So, for now, consider this case closed... in the US. Its troubles across the pond are another matter.
Japanese court declares Samsung patent invalid in another spat with Apple
Weary of the neverending legal back-and-forth between Apple and Samsung yet? No, we're not either (that's a terrible lie), and the latest exciting development comes from a courtroom in Japan, where it was decided Samsung does not hold rights to certain data transmission tech it accused Apple of pinching. So, what are the repercussions? None, really -- the status quo remains unchanged, and Apple can continue selling the products Sammy wanted off the shelf. The Times of India notes that cases in the US and South Korea over the same patent have gone one a piece, meaning Apple is up 2-1 in this particular bout. But, when you've been battling for this long, you've bound to win some, and lose just as many.
Samsung and LG decide to settle OLED patent dispute behind closed doors
It looks as if Samsung and LG have both taken their fingers away from the red button marked MORE LITIGATION. It's being reported that the pair have come to an agreement to work out their OLED patent issues away from the harsh light of the courtroom. Korea's Yonhap News is claiming that a peace summit was held at a Seoul hotel, with Samsung's Kim Ki-nam saying that the pair will resolve the issues "one by one." Give peace a chance, folks.
Amazon gets Apple's false advertising claim dismissed from trademark infringement lawsuit
It's been awhile since we last had news from Apple's App Store-based trademark infringement lawsuit against Amazon. Today, Amazon got Apple's claim for false advertising dismissed from that very same case after filing for partial summary judgement. In finding for Amazon, the judge held that Apple failed to identify a single false statement (expressly stated or implied) that Amazon made about the nature, characteristics, or quality of the Amazon Appstore that would deceive customers into thinking it was the same as the Apple App Store -- a legal requirement to establish false advertising under federal law. Not a bad way for Bezos to ring in the new year, eh?
Judge Koh: 'global peace' between Apple and Samsung would be 'good for consumers'
While Judge Lucy Koh may not pull down the same staggering wage or get as much TV time as that other well-known arbiter, she's just as outspoken in her own courtroom. While presiding yesterday over the neverending story that is Apple v. Samsung, she called for "global peace" between the two. Inciting chuckles from the crowd, she reaffirmed her point: "I'm not joking... it would be good for consumers and good for the industry." Head lawyer for Samsung said the company was "willing to talk," but the opposition wasn't so amicable, claiming that the billion-odd judgment in its favor was a mere "slap on the wrist," and that clear boundaries were necessary for setting a precedent. Cupertino's camp also attacked Samsung's design decisions, saying they were knowingly taken to the limit of what it could legally get away with, while the Korean manufacturer's team thinks Apple wants to "compete through the courts rather than the marketplace," and was using the courts to conduct a smear campaign. When commenting on the patent rows in a TV interview yesterday, Apple CEO Tim Cook repeated his stance on litigation, but said there was "no other choice," and that "in a perfect world," companies would "invent their own stuff." Sadly, it looks like Judge Koh's plea for resolution won't have much of an impact, but we're with her in thinking: if only this had all played out during a 10-minute segment on daytime TV.
USPTO has 'tentatively' invalidated Apple's key rubber-banding patent
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.
Apple loses out in UK tablet design case against Samsung
Remember when a UK judge said that Samsung couldn't have copied the iPad with its Galaxy Tab because it wasn't "as cool" as the iPad? Well, Apple has just lost the High Court appeal to have that decision overturned, meaning that despite the backhanded compliment, it will still have to run adverts in the press stating that the Korean giant had not copied its tablet designs. [Thanks to everyone who sent this in]
Court reverses Galaxy Nexus sales ban in the US (updated with Samsung's statement)
A United States appeals court has overturned the injunction banning the sale of Samsung's Galaxy Nexus, arguing that the California district court had "abused its discretion" in granting it. The case between Apple and Samsung, which centers around four patents relating to unified search and Siri, will now be returned to the court of Judge Lucy Koh for reconsideration -- in the same way that she had to reverse her previous decision regarding the Galaxy Tab 10.1. The injunction was granted on the basis that Apple could demonstrate "irreparable harm" to its business, and, that its case had a high likelihood of succeeding. However, the panel of judges felt that Cupertino could do neither of those things to the court's satisfaction, and as such, Samsung's handsets will be available to purchase as soon as the company can get them onto shelves. If you'd care to delve into the full text of the remand order yourself, it's available at the source link. Update: Here is Samsung's jolly statement regarding the reversal: "We welcome this reversal by the Federal Circuit, finding that the District Court abused its discretion in ordering a preliminary injunction against the Galaxy Nexus. Today's decision confirms that the role of patent law is to protect innovation and not to unreasonably stifle competition and restrict consumer choice. We will continue to take all appropriate measures to ensure the availability of our innovative products."
