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ITC rules that Samsung violates four Apple patents covering design, touch
The back and forth continues. US International Trade Commission Administrative Law Judge Thomas Pender has made an initial ruling that some Samsung's devices violate four Apple patents, including one iPhone design patent (the one you see above) and three software patents. Apple didn't manage a clean sweep, as Samsung was cleared of treading on two more patents, but the verdict still carries the all-too-familiar potential for a trade ban if the ITC maintains the findings in its final review. It's bleak news for the Korean company, which faced an initial loss to Apple at the ITC just last month -- even though large swaths of the mostly Android-based Galaxy phones and tablets in the dispute have long since left the market, an upheld verdict gives Samsung one less bargaining chip in a protracted legal war.
Google withdraws recent ITC complaint in Motorola v. Apple case
Well, here's a bit of a surprise in the ongoing spate of Apple-focused patent disputes. Google's Motorola Mobility subsidiary has now formally withdrawn its most recent complaint against Apple with the ITC, which was just filed on August 17th and had been, until now, under investigation. Not surprisingly, details are light beyond that, with Google's filing only stating that it asked the ITC to "terminate all claims in this investigation without prejudice," and adding that "there are no agreements between Motorola and Apple, written or oral, express or implied, concerning the subject matter of this investigation." The complaint itself had claimed that Apple infringed on seven patents held by Motorola, and Google was seeking a US import ban on a range of Apple products as a result.
US International Trade Commission to investigate Motorola claims against Apple
The US International Trade Commission announced on Tuesday that it will look into Motorola's claim that Apple is infringing on patents that cover messaging notifications, location-based reminders, media playback and more. According to a Computerworld report, the ITC will assign the case to an administrative law judge who will hear the evidence and make a preliminary ruling. This initial decision could possibly result in a ban against the iPhone, iPad and iPod touch. Once an initial decision is made, the case will go to the full commission, which will make a final ruling on the infringement and any potential injunction. This process usually takes 16 months to complete, so the decision to look into this case won't affect this week's iPhone 5 launch.
ITC says Apple didn't violate four Samsung patents with iPad, iPhone
This just hasn't been Samsung's summer. On top of Apple winning its earliest civil lawsuit against Samsung, the International Trade Commission has just handed out an initial determination that Apple didn't violate any of four Samsung patents (including two reportedly standards-essential examples) by offering the iPad and iPhone. While Judge James Gildea didn't publicly outline why Apple was in the clear, he added that Samsung lacks a domestic business that uses the patents -- important when it's trying to claim economic harm in the US. The verdict still gives Samsung at least four months' room to breathe while the ITC reviews the decision, but it's hard to see Samsung enjoying the reduced offensive strength when it's already on the defensive in American courtrooms.
ITC decides Apple didn't violate Motorola WiFi patent after all, tosses case back to judge
Trouble looked to be brewing for Apple last April: an International Trade Commission judge made an initial ruling that Apple infringed on a standards-essential Motorola WiFi patent, raising the possibility of a trade ban if the verdict held true. The fellows in Cupertino may have caught a big break. A Commission review of the decision on Friday determined that Apple didn't violate the patent, and it upheld positions that exonerated the iPhone maker regarding two others. Apple isn't entirely off the hook, however. The ITC is remanding the case to the judge to review his stance that Apple hadn't violated a non-standards-based patent, which still leaves Apple facing the prospect of a ban. However, having to revisit the case nearly resets the clock -- we now have to wait for another ruling and a matching review, and that likely puts any final decision well into 2013. Google-owned Motorola isn't lacking more weapons in its arsenal, but any stalled proceedings take away bargaining chips in what's become a high-stakes game.
Motorola's latest ITC complaint against Apple targets newer iOS devices and Macs, messaging and sync
Motorola filed its most recent ITC complaint against Apple so late into last week that the court system couldn't immediately provide more details; we're only just seeing documents now that the weekend is over. As it stands, the case involves seven patents that mostly touch on staple technologies of the modern mobile world, such as syncing messages between devices and bookmarking media playback on one device to resume on another. Does that last technique sound familiar? You might recall it being a cornerstone of the movie and podcast support that Apple has implemented since 2005. Despite reaching that far back into history, Motorola is just as eager to modernize the targeted hardware list to keep its complaints relevant -- the current iPad, the iPhone 4S and other devices are at risk of a trade ban, posing more of a threat to Apple's bottom line than the dust-covered (and near-finished) initial legal challenge from October 2010. Before coming to any conclusions, though, remember that the newer complaint isn't likely to have any speedy resolution of its own. Past ITC cases have usually taken a year and a half to complete, which could leave most or all of today's technology as another distant memory.
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.
InterDigital wins appeal in never-ending Nokia patent battle
We'll leave labeling of InterDigital to the individual -- whether you prefer patent troll or non-practicing entity, the semantics don't concern us. What does concern us, however, is the IP firm's ongoing legal battle with Nokia, and its recent victory over the Finnish manufacturer in the US Court of Appeals. The ruling reverses a previous decision handed down by the ITC that found Nokia did not violate InterDigital's patents, but the trio of judges hearing the appeal disagreed. The claims in question relate to 3G radios and networks -- the same patents that the firm used to target ZTE and Huawei. It doesn't appear that there will be any immediate repercussions for Nokia, either in the form of import bans or settlement fees. The Windows Phone champion is considering its next move, which may involve appealing the appeal.
Rambus planning appeal after losing ITC patent case against LSI and STMicroelectronics
Rambus has lost the ITC dispute it filed with most of the electronics industry back in the day. Only LSI and STMicroelectronics remained as respondents after the company negotiated settlements with Freescale, Broadcom, MediaTek and NVIDIA. In its decision, the court found that some of the patents were unenforceable, while others ceased to be under the "clean hands" doctrine because Rambus had allegedly destroyed relevant documents. Company general counsel, Thomas Lavelle, has said in a statement that its next move might be to make an appeal to the Federal Circuit -- where it's hoping for better luck.
Kodak/Apple patent dispute ends badly for Kodak
Struggling US photography pioneer Kodak was dealt a major blow when the International Trade Commission ruled that its color image preview patent, No. 6,292,218, was invalid, according to the Wall Street Journal. Kodak hoped to extract money from companies that were not licensing the patent and kicked off a series of legal volleys that began with a high-profile ITC complaint filed against Apple and RIM in early 2010. The camera company has planned to sell off its patent portfolio to raise money for its bankruptcy case, and securing licenses from companies like Apple would increase the money the company could get from a patent auction. Patent number '218 was considered to be the most valuable in Kodak's portfolio because it covered the way color digital images are previewed in a viewfinder. It is already licensed by 32 other companies. The technology behind this patent was developed during the time Kodak worked with Apple on the QuickTake 100, a digital camera project from the early 90s that was killed by Steve Jobs when he returned to Apple. In the course of the legal proceedings, Apple countersued Kodak claiming the company misappropriated the technology. The ITC battle was settled on Friday when the commission upheld an earlier decision from ITC judge Thomas Pender and dismissed the complaint. This decision could hurt Kodak financially in its patent auction, which is expected to end next month. [Via Apple 2.0]
Import ban on select Motorola Android products starts today
It's been a few months since the International Trade Commission affirmed its decision to ban a selection of Motorola's Android portfolio from import, but the ruling will only start in earnest from today. While the ITC mentioned the likes of the Google-powered Atrix, Xoom, Droid 2 -- alongside a whole pile of lesser-known models-- the exclusion covers all Motorola devices that infringe on Microsoft's patents for email-based meeting scheduling. Motorola has stated that it has already been proactive in ensuring its phones remain available in the US -- the ruling won't affect devices already in stock. In its own words: "In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft's ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry-leading smartphones remain available to consumers in the U.S. We respect the value of intellectual property and expect other companies to do the same."
ITC denies Apple's request for emergency ban against HTC products
Just like they have been, products like the One X and EVO 4G LTE will continue to pour through US Customs, as the ITC has now denied Apple's request for an emergency ban against the alleged infringing products. The news follows Apple's request for an emergency ban itself, in which the Cupertino outfit accused HTC of making false statements in order to bypass the terms of an exclusion order issued last December. In the most recent ruling, the ITC found that, "Apple has not demonstrated the propriety of temporary emergency action," and went on to state, "the commission will not direct Customs to detain all subject HTC products because the commission does not have the information necessary to determine whether the respondents are currently violating the commission's limited exclusion order." Just yesterday, the ITC began an investigation to determine whether HTC's products continue to violate a patent held by Apple, which would be a violation of December's exclusion order. Until the ITC issues a more definitive finding, however, it seems that HTC can breathe a sigh of relief.
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.
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.
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.
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.
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.
HTC can't use Google patents to challenge Apple
Last year, HTC obtained eight patents from Google and used them in its legal fight with Apple. Now, an ITC judge has thrown out five of the patents saying that "HTC failed to acquire all substantial rights in the relevant patents," says a report by FOSS Patents. Administrative Law Judge Thomas Pender made the decision last Friday and it was made public on Monday. HTC can appeal the decision, but it likely won't win an appeal unless Google joins as an additional complainant. It's a setback for HTC in its legal battle with Apple and an embarrassment to Google, which transferred the patents not only late in the game, but improperly as well.
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.
