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HTC removes patent in case against Apple
The Apple-Samsung case is now in the courtroom, and things are starting to shape up for next month's HTC versus Apple showdown. The company filed a motion to the International Trade Commission to withdraw a specific patent for a "circuit and operating method for integrated interface of PDA and wireless communication system", which now drops the number of HTC's claims down to two standard-essential patents. HTC originally started off with three patents in August of 2011, then added five more for good measure in September of 2011. FOSS Patents blogger Florian Mueller notes that Apple filed a countersuit in June over alleged infringement of standard-essential 4G LTE patents, and says that if Apple is successful in any of its FRAND (fair, reasonable, and non-discriminatory) counterclaims, HTC's ITC complaint will be an utter failure. Apple's most recent legal volley at HTC is saying that the company managed to skirt an ITC-issued handset injunction after allegedly making "misstatements" to U.S. Customs officials. Some HTC handsets had been banned from import into the U.S. after a ruling found that HTC had infringed on an Apple "data detectors" patent. #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Apple seeking $2.5 billion from Samsung
Apple filed a brief in its infringement case against Samsung and argued the Korean company should pay Apple a combined total of $2.525 billion, according to FOSS Patents. The amount includes $25 million in royalty damages and another $2.5 billion, which includes the amount Samsung has unjustly gained and Apple has lost because of Samsung's copycat devices. Breaking it down, Apple asked for $2.02 per unit for the "overscroll bounce" '318 patent, $3.10 for the '915 "scrolling API" patent, $2.20 for the "tap to zoom and navigate" '163 patent and $24 for the trade dress and design patents. Apple was less generous in the payment amounts when it addressed Samsung's claim that Apple infringed its wireless standard essentials patents. If Samsung prevails in its patent infringement case, Apple offered to pay the Korean manufacturer a half-cent for each infringed standards essential patent. This disparity is due in part to the standards-essential nature of Samsung's patents, which must be licensed under fair and reasonable non-discriminatory (FRAND) terms.
ITU wants to bring smartphone makers to peace talks, hash out patent wars
The United Nations defines the stereotype of a peace broker, so it's not that far-fetched to hear that its International Telecommunication Union (ITU) wing is hoping to step in and cool down the rapidly escalating patent world war. The organization plans to convene a Patent Roundtable on October 10th -- in neutral Geneva, Switzerland, of course -- to have smartphone makers, governments and standards groups try and resolve some of their differences. Those mostly concerned about Apple's actions won't be happy with the focus of the sit-down, however. Most of the attention will surround allegations that companies are abusing standards-based patents, which will put the heat largely on a Google-owned Motorola as well as Samsung. Still, there's hope when the ITU's Secretary-General Dr. Hamadoun Touré talks of desiring a "balancing act" between what patent holders want and what customers need. Our real hope is that we don't have to hear talk of customs delays and product bans for a long while afterwards. [Image credit: Patrick Gruban, Flickr]
Apple hits HTC with counterclaim lawsuit for failure to FRAND license 4G patents
It's been far too quiet on the litigation front here at Engadget lately, but thankfully Apple's broken our courtroom news dry spell with a freshly filed counterclaim in the Eastern District of Virginia federal court. FOSS Patents reports that Apple's target is HTC, who Apple claims has abused two patents essential to the 4G/LTE wireless standard by using them in a legal action against Cupertino. In doing so, Apple asserts HTC breached its FRAND licensing obligations. The counterclaim was filed in response to an HTC-initiated complaint in the ITC, and comes hot on the heels of Apple's recent win in that case where it managed to exclude some Google patents that the Taiwanese firm borrowed to take Apple down. Will this new legal action meet the same success? We'll have to wait for lady justice to do her thing to find out, but in the meantime you can check out the source link for more.
Judge puts Apple vs. Motorola hearing back on deck, asks the two to put up or shut up
Well, we did ask you to "tune in next week." Just seven days after he tentatively dismissed one of Apple's patent lawsuits against Motorola, Judge Richard Posner has given both sides a chance to prove their cases are worthwhile in a hearing on June 20th. As both sides are claiming damages, Posner wants them to explain if and how they're entitled to a payout should they win, including the possibility of a modest royalty instead of lump sums. Motorola is getting extra scrutiny since it's using standards-based patents that have drawn flak from lawmakers -- it will likely have to say how it thinks FRAND (fair, reasonable and non-discriminatory) licensing requirements for its 3G patent fit into its claims. The judge clearly warns that progress is contingent on Apple and Motorola meeting legal standards; if they fall short, it's not likely they'll get a third chance. Any success will revive the possibility of preliminary product bans, though, and that's something that most won't find something to cheer about.
InterDigital's Bill Merritt on patent trolls, standards development and disputes with the big boys
You probably won't know the name, but you most certainly use its technology on a daily basis. InterDigital is a pioneering company that helped develop WCDMA, 3G and HSDPA during its 50-year history. It counts former Apple CEO Gil Amelio as one of its directors, but the only time you'll ever hear its name is when it's embroiled in litigation. Either because it's suing, or being sued for licensing fees in the complex, murky world of wireless technologies, it's easy to get the idea that InterDigital is a patent troll. A name that, both Nokia and most recently, Huawei have barely stopped short of throwing at the company. But what's it like being painted as the villain in the wireless business pantomime? Company president and CEO William "Bill" Merritt took the time to answer some of our questions, talk about what the company actually does, what's in the future and why they definitely aren't a patent troll.
Congressmen tell ITC to lay off Microsoft in Xbox patent litigation
If the ITC didn't enjoy being told what to do by the FTC, it's probably less thrilled that Congress (and Apple) has joined in. The ITC found that the Xbox 360 violated four of Motorola's patents back in April, and when a final ruling is made, could see the console banned from sale. Several members of the chamber have voiced their disapproval of any such ban, with similar words of support coming from Apple's lawyers, accusing Motorola of abusing FRAND patents. After this deluge of letters, we're half expecting ITC chief Deanna Okun to start shouting "Don't tell me what I can't do!" at passers-by.
FTC urges ITC not to ban iPhone, iPad and Xbox
The Federal Trade Commission took on the growing problem of injunctions in a letter addressed to the US International Trade Commission, according to a report by CNET. The letter was meant to dissuade the federal agency from approving import bans in patent and trademark infringement cases that involve industry standards like 3G. The FTC warns such injunctions against products like the iPhone, iPad and Xbox could harm consumers and stifle innovation. The FTC writes, "Hold-up and the threat of hold-up can deter innovation by increasing costs and uncertainty for other industry participants, including those engaged in inventive activity. It can also distort investment and harm consumers by breaking the connection between the value of an invention and its reward -- a connection that is the cornerstone of the patent system." The ITC has been the focus of several high-profile patent infringement cases, including the recent battle between Apple and HTC, which led to the ban of select HTC Android phones. Last month, the HTC One X and the EVO 4G LTE were held temporarily at the border by US Customs, which inspected the phones for patent infringement. A bigger issue brought up in this letter is the use of standards-related patents in litigation. Companies that own patents on standards, like those that govern 3G and 4G wireless communications, are supposed to be license these patents to other companies on fair and reasonable terms (FRAND). Now that competition is heating up, patent owners are reluctant to license their intellectual property and are using them to sue their rivals instead. You can read an excellent analysis of this issue by Florian Mueller of FOSS Patents. He describes in detail how Samsung and Motorola are abusing the principles of FRAND licensing in their litigation with Apple.
FTC tells ITC that bans over standards-based patents aren't kosher, looks warily at Motorola and Samsung
Most of the scrutiny over abuse of standards-based patents has come through European Union investigations of Motorola and Samsung. That attention might come to the US if the Federal Trade Commission has its way. It just sent a letter to the International Trade Commission arguing that companies should be blocked from landing bans if they base their disputes on standards. These kinds of blockades "deter innovation" and spur companies to try for much more of a cash windfall from a patent than it's really worth, the FTC argues. The letter doesn't directly accuse anyone of getting their fingers dirty, but there's little doubt that it's referring to Motorola (now part of Google) and Samsung: their varying ITC disputes against Apple and Microsoft are often based around standards patents for technologies like 3G and H.264 video, which aren't supposed to demand legal action except as a last resort. An angry FTC missive doesn't constitute a formal investigation that would actively worry either Motorola or Samsung, but it certainly fires a warning shot across the bow.
Google lobs antitrust complaint against Microsoft, Nokia in EU, claims they're playing patent footsie (updated)
The gloves just came off at Google: the company has just filed an antitrust complaint with the European Commission against Microsoft and Nokia. Its gripe accuses the two Windows Phone partners of playing dirty pool through handing 1,200 wireless-related patents to Mosaid, a Canadian firm which spends most of its time suing the industry over WiFi rather than making products. Microsoft and Nokia are allegedly hiking the prices of devices by "creating patent trolls" that bypass deals preventing them from suing directly, possibly steering a few companies towards picking Windows Phone instead of Android. Google argues that it's launching the complaint as an early defensive measure. Neither Microsoft nor Nokia has responded, although there's a degree of irony to the action: the complaints assert that Nokia is jeopardizing standards-based patents, but Google's recent acquisition Motorola has itself come under EU scrutiny for possibly abusing standards with its lawsuits against Apple and Microsoft. Either way, it's clear Google is concerned that Microsoft's Android patent licensing campaign might lose its decorum in the near future. Update: Nokia's decided to have its say, in an email to Reuters: "Though we have not yet seen the complaint, Google's suggestion that Nokia and Microsoft are colluding on intellectual property rights is wrong. Both companies have their own IPR portfolios and strategies and operate independently."
Huawei files EU antitrust complaint against InterDigital
Huawei has filed an EU antitrust complaint against InterDigital to end its "abuse" of the allegedly standards-essential patents it controls. The company has urged the commission to examine its demands, which are considered too hefty to come under the protection of FRAND terms. The shoe normally resides on the other foot, with InterDigital previously instigating battles with Nokia, Samsung and ZTE. This time, it looks like the Chinese giant was tired of being pushed around by what it's derisorily called a non-practicing entity -- which we've taken to be a polite euphemism. Update: InterDigital has released a statement, which we've included after the break.
Nokia gets it: launches patent lawsuits against HTC, RIM and Viewsonic
Nokia has just announced that it is commencing patent litigation against HTC, Research in Motion and Viewsonic in the US and Germany. It's claiming that a number of its patents are being infringed and has registered complaints with the ITC and courts in Delaware, Dusseldorf, Munich and Mannheim. Espoo's legal chief Louise Pentland has said that while the company currently licenses its FRAND patents to "more than 40 companies," it had no choice but to lay some courtroom smack-down on the named offenders. It appears that after losing its global market share crown and billion-dollar losses, the company is finally going on the offensive with its deep patent portfolio. You can judge that for yourself when you read the official line after the break. Update: We've received some clarification from Nokia on what exactly is on the docket here. "Four of the patents asserted against Viewsonic in Mannheim are standards essential. The rest against Viewsonic and all against HTC and RIM are implementation patents, not declared essential to any standard and so we have no obligation to grant licenses."
ITC judge: Apple infringes on Motorola mobility patent
In a setback for Apple, the International Trade Commission ruled on Tuesday that Apple infringes on one of Motorola's patents. The patent describes a "method and system for generating a complex pseudonoise sequence for processing a code division multiple access signal." ITC Judge Richard Pender also said Apple did not violate three other patents Motorola included in its original complaint. According to the Wall Street Journal, Motorola was pleased with the result, while Apple was glad it did not infringe on three of the four patents. The Cupertino company noted that the patent it allegedly infringes has already been ruled invalid in a German court. "We believe we will have a very strong case on appeal," said Apple. The full commission will make a ruling on this preliminary judgment in August. It' not a trivial ruling as a decision in favor of Motorola could potentially lead to a ban on the import of iPads and iPhones, says Reuters.
ITC issues preliminary ruling, finds Microsoft's Xbox 360 infringes on Motorola patents
Potential bad news to start out the week for Microsofties: a judge from the US International Trade Commission has issued a preliminary ruling that finds Microsoft's Xbox 360 infringes on five four of Motorola's patents (and in Microsoft's favor on one). While the decision is by no means final -- which means that the Redmond outfit could ultimately prevail -- a final ruling would force Microsoft's hand to seek proper licenses for the technologies, most of which relate to H.264 video encoding, or have its gaming console banned from US shelves. For now, the lawyers will go back to the lab to refine their arguments and get ready to present them to a full panel of ITC judges later this year. Who wants to set odds on the outcome?
Samsung brings another eight patents to the Apple knife-fight
The Mamas and the Papas used to dream about it, but California's been turned from sunny idyll into blood-spattered battleground as the global conflict 'twixt Samsung and Apple continues. Samsung's pulled out a further eight patents to rebuke Apple's Northern District court injunction that's got designs on banishing the Galaxy Nexus from our shores. Two of the patents are licensed under FRAND terms, muddying the waters even further over the contentious subject of common patent sharing. Meanwhile, both company CEOs are being made to engage in sit-down talks with the hope that Judge Lucy Koh won't make them share a dorm room at summer camp.
Microsoft wins injunction in Washington against Motorola, can keep selling stuff in Germany
Microsoft's been waging legal war against Motorola on several fronts for some time now, and today, team Redmond scored a victory in a federal district court in Washington that'll have repercussions in Germany. The judge granted Microsoft's motion for a temporary restraining order and preliminary injunction that prevents Motorola from enforcing any injunction it may obtain in the parties' parallel action in Mannheim, Germany. As a quick refresher, this litigation's all about a bundle of Moto-owned standards-essential WiFi and H.264 patents. Naturally, Motorola claims that Microsoft's infringing its IP, and has sought to stop sales of infringing products in Deutschland. Meanwhile, Microsoft contends Moto's in breach of contract because those patents haven't been made available for it to license on fair, reasonable and non-discriminatory (FRAND) terms. This latest legal victory in the US merely means that Motorola won't enforce any injunction it obtains in Mannheim -- which leaves Microsoft free and clear to peddle its wares in Germany.
EU launches antitrust probes against Motorola after complaints from Apple, Microsoft
Apple and Microsoft filed separate complaints with the EU that accuse Motorola of using its essential, standards-based patents as weapons to curb competitor's products and advance their own, says a report in The New York Times. Under EU law, companies with patents essential to an industry standard like 3G must license these patents under fair and reasonable terms. The EU has opened two investigations that'll examine whether Motorola failed to license its patents and is using them to win injunctions against the Xbox, the iPhone and the iPad instead. If it is found guilty, Motorola or its soon-to-be-parent company Google could be fined up to ten percent of its worldwide annual income.
Motorola now officially being investigated for abusing its patents in Europe
Both Apple and Microsoft have formally complained about Motorola's alleged abuse of "standards-essential" patents, and today the European Commission has been equally formal in starting an antitrust investigation into their claims. In fact, there'll be two separate investigations -- one to discover whether Motorola Mobility failed to honor its FRAND obligations when it sought injunctions against the sale of Apple and Microsoft products, and the other to assess whether Motorola has been unfair in the way it has offered to license its standard-essential patents. The authorities have given no clue as to how long this process could take, or what kind of punishments could be meted out at the end of it, but the (almost) Google-owned company is now certainly in for some tumult.
The Hague to Samsung: no injunction for 3G patent infringement if Apple's willing to FRAND license
Since it's been more than 24 hours since the last bit of news in the ongoing legal battle between Samsung and Apple, we figured you could do with another litigation revelation. Late last year, the Hague shot down Sammy's request to prevent iPads and iPhones from being sold in the Netherlands. Today, the Dutch court went a step further, telling the Korean company that it can't pursue any other injunctions based upon its FRAND 3G patents as long as Cupertino's willing to talk about licensing them. Not only that, it went on to hold that those patents don't apply in Sammy's case against the iPhone 4S due to the theory of patent exhaustion. The allegedly infringing bits in the handset are made by Qualcomm, who licensed the technology directly from Samsung -- granting Apple protection under the license as a third party beneficiary -- and Apple prevailed using arguments not unlike those it made in a suit it recently filed against Motorola. Score one more legal victory for Tim Cook and company, but as you already know, the war is far from over.
Apple wins temporary ruling on iPad, iPhone sales in Germany
Apple scored a legal victory against Motorola in a case involving a standards essential (FRAND) patent that Motorola must license to other companies on fair terms. The Mannheim court originally ruled in favor of Motorola and Apple was forced to remove select iPads and iPhone models from its German online store earlier this month. Today, the Karlsruhe Higher Regional Court ruled that Motorola may not enforce its injunction against Apple during the appeal process. According to FOSS Patents, this ruling suggests Apple's appeal will likely succeed and the two companies will reach a licensing agreement that's fair to both parties. The court documents note that Apple recently offered Motorola an amended licensing agreement that Motorola will likely accept. This ruling does not affect Motorola's other lawsuit against Apple that has shut down push email services for MobileMe and iCloud.
