lawsuit posts
The US International Trade Commission already ruled in June of this year that Sharp had infringed on one patent held by Samsung, but it's now back with another ruling that finds Samsung violated no less than four LCD-related patents held by Sharp. Once again, the ITC has also barred Samsung from selling the infringing LCDs in the US (still not clear on exactly what's affected), but Samsung seems more than ready to comply with the ruling, saying that there will be "no impact on our business and our ability to meet market demand." For its part, Sharp simply says that the ruling has "made it clear that ITC has consistently supported Sharp's claim that LCD products of Samsung violated Sharp's patents" -- Samsung, meanwhile, says it has no plans to negotiate with Sharp on the issue, so let's just hope its workaround is more than a quick fix.
New York attorney general files antitrust lawsuit against Intel
No matter how it tries, Intel just can't shake those pesky antitrust monkeys off its back: the attorney general of New York today filed a federal antitrust lawsuit against the chipmaker, saying it unfairly prevented AMD from competing under state and federal law. That's pretty much what the EU just fined Intel $1.45b for in May and exactly what AMD itself is suing Intel for in Delaware, so we're guessing things are a little busy for Chipzilla's lawyers right now -- and it's just going to get worse, as the smart money says this is all just a precursor to the Federal Trade Commission dropping the hammer sometime soon. Hey, maybe this would be a good time to for Intel to distract everyone with some USB 3.0 chipsets?Spring Design vs. Barnes & Noble: all the nooks and crannies

Here's where it gets tricky, though -- the NDA contains pretty standard language specifically allowing both B&N and Spring Design to walk away from each other and develop competing products, so long as they don't use any of the confidential information they learned under NDA. Without knowing exactly what Spring Design showed to B&N and how much of that influenced or is included in the Nook (which Barnes & Noble currently won't let anyone touch), we can't say much about how this one's going to play out, but for right now we're looking at a huge corporation bringing out an Android-based ebook reader with dual electronic paper and touchscreen LCD displays just months after being shown the same concept by a three-year-old startup, and that's not exactly a warm and fuzzy bedtime story. We'll see what happens next -- Barnes & Noble, you have anything to say?
AT&T sues Verizon over 'there's a map for that' ads
Whoa -- we just got word that AT&T is suing Verizon for false advertising over Big Red's "There's a map for that" ads. We're reading the complaint and motion to stop the ads right now, but here's what AT&T says is the big problem:
Update: So this seems like a very narrow lawsuit, actually. As we've been told, AT&T thinks Verizon is trying to fool viewers into thinking that they can't use any AT&T phone services outside of 3G coverage areas by showing two essentially different maps. Since Verizon's entire network is 3G, the gaps in the red map are actual service gaps -- but Verizon doesn't show that the gaps on the AT&T map might be covered by AT&T's huge 2G network. We can see how that could be misleading, but at some point you've got to compare apples to apples, and AT&T even says it has "no quarrel with Verizon advertising its larger 3G network" in its complaint, so we'll see how the court reacts.
Update 2: Interestingly, Verizon's already changed the ads once at AT&T's behest, editing them to remove the phrase "out of touch" and adding a "Voice and data services available outside of 3G areas" small print disclaimer at the end. Apparently that wasn't enough for AT&T, which says the ads still confuse non-technical viewers into thinking AT&T provides no service at all outside of its 3G coverage.
Update 3: Okay, we've read everything -- there's really not much more to this suit than the arguments over the maps. We're thinking Verizon could have easily dealt with this by just using dark blue and light blue on the AT&T map to differentiate between 3G and 2G coverage, but at this point we don't think Ma Bell is all that interested in anything except getting these ads off the air. All that said, it's hard to deny that Verizon's ads made a perfectly valid point: using an iPhone on AT&T's network in New York or San Francisco is an exercise in frustration, regardless of whether you have 2G or 3G, and we've had zero problems on Verizon. Let's just hope AT&T is working as hard to fight these ads with its actual service as it is with its lawyers.
AT&T also says its network reaches about the same number of people as Verizon's, so we're thinking it's a little miffed that it's being portrayed as an also-ran here. We'll update as we learn more, keep it locked!In essence, we believe the ads mislead consumers into believing that AT&T doesn't offer ANY wireless service in the vast majority of the country. In fact, AT&T's wireless network blankets the US, reaching approximately 296M people. Additionally, our 3G service is available in over 9,600 cities and towns. Verizon's misleading advertising tactics appear to be a response to AT&T's strong leadership in smartphones. We have twice the number of smartphone customers... and we've beaten them two quarters in a row on net post-paid subscribers. We also had lower churn -- a sign that customers are quite happy with the service they receive.
Update: So this seems like a very narrow lawsuit, actually. As we've been told, AT&T thinks Verizon is trying to fool viewers into thinking that they can't use any AT&T phone services outside of 3G coverage areas by showing two essentially different maps. Since Verizon's entire network is 3G, the gaps in the red map are actual service gaps -- but Verizon doesn't show that the gaps on the AT&T map might be covered by AT&T's huge 2G network. We can see how that could be misleading, but at some point you've got to compare apples to apples, and AT&T even says it has "no quarrel with Verizon advertising its larger 3G network" in its complaint, so we'll see how the court reacts.
Update 2: Interestingly, Verizon's already changed the ads once at AT&T's behest, editing them to remove the phrase "out of touch" and adding a "Voice and data services available outside of 3G areas" small print disclaimer at the end. Apparently that wasn't enough for AT&T, which says the ads still confuse non-technical viewers into thinking AT&T provides no service at all outside of its 3G coverage.
Update 3: Okay, we've read everything -- there's really not much more to this suit than the arguments over the maps. We're thinking Verizon could have easily dealt with this by just using dark blue and light blue on the AT&T map to differentiate between 3G and 2G coverage, but at this point we don't think Ma Bell is all that interested in anything except getting these ads off the air. All that said, it's hard to deny that Verizon's ads made a perfectly valid point: using an iPhone on AT&T's network in New York or San Francisco is an exercise in frustration, regardless of whether you have 2G or 3G, and we've had zero problems on Verizon. Let's just hope AT&T is working as hard to fight these ads with its actual service as it is with its lawyers.
Spring Design sues Barnes & Noble over the Nook
We knew something was up with the Spring Design Alex dual-screen ebook reader the instant we saw its hastily-prepared web site published the night before Barnes & Noble's Nook launch, and it appears that our hunch was right: Spring Design just filed a trade secret lawsuit against B&N, alleging that their designers showed the Alex to the bookseller's execs before the Nook was developed. According to Spring Design, the two companies had been in contact with each other over ereader designs since the beginning of the year, with various executives exchanging calls, meetings and product details under NDA -- which would certainly explain why there are suddenly two Android-based ereaders on the market with dual electronic ink and capacitive LCD touchscreen displays. Definitely suspicious, but we'd also note that the Nook and Alex actually work quite differently: users browse the web on the Alex's touchscreen and then "print" the content they want to read to the electronic ink display, while the Nook doesn't have a browser and the touchscreen is only used for navigation, not content. We're digging for as much info as we can, and we'll hit you with more info as soon as we get it -- stay tuned.
Nokia vs. Apple: the in-depth analysis
There's just something about Apple that makes people go crazy whenever the company's lawyers do even the simplest things -- whether it's filing routine trademark oppositions, getting patents granted, or, uh, defending allegations that the company is in league with the Mafia, Steve and friends just seem to inspire some strong reactions whenever they end up in the courtroom. So of course things got a little wild last Thursday when Nokia announced it was suing Apple over ten patents related to GSM, UMTS (what you know as 3G) and WiFi -- the pundit class immediately set upon the idea that the lawsuit was some sort of reaction to Nokia's diminishing cellphone marketshare and the perceived dominance of the iPhone, perhaps best exemplified by John Gruber's flippant "If you can't beat 'em, sue 'em." Nokia can't compete against Apple, so obviously it's abusing the hopelessly-broken patent system get a little payback, Espoo-style -- right?
Well, wrong. As usual, the race to hype this dispute as a bitter standoff between two tech giants desperate to destroy one another has all but ignored the reality of how patents -- especially wireless patents -- are licensed, what Nokia's actually asking for, and how it might go about getting it. And as you know, we just don't do things that way, so we've asked our old friend Mathew Gavronski, a patent attorney in the Chicago office of Michael Best & Friedrich, to help us sort things out and figure out what's really going on here -- read on for more.
Well, wrong. As usual, the race to hype this dispute as a bitter standoff between two tech giants desperate to destroy one another has all but ignored the reality of how patents -- especially wireless patents -- are licensed, what Nokia's actually asking for, and how it might go about getting it. And as you know, we just don't do things that way, so we've asked our old friend Mathew Gavronski, a patent attorney in the Chicago office of Michael Best & Friedrich, to help us sort things out and figure out what's really going on here -- read on for more.
Sony and VIZIO ditch the courtroom, clear up licensing issues
VIZIO sure ends up in a whole lot of legal battles, but one way or another, it always seems to find its way out in the long run. Such is the case once again today, as the current LCD TV king has apparently said all the right things to Sony. If you'll recall, Sony (along with a slew of others) filed suit against Vizio awhile back over patent licensing concerns, but now it seems the two have reached a mutual agreement to use each other's technologies without bickering over who owns what. The release on the matter states that Sony "has become a licensee under VIZIO's patent portfolio," and that "VIZIO now is a licensee under Sony's color television patent portfolio." Who knows how much under-the-table cash and shaky promises had to be passed along in order to make everyone happy, but hey, a problem solved is a problem solved.
[Image courtesy of TooMuchNick / WireImage]
Update: Sony's response to all of this is after the break, courtesy of a company spokesperson who pinged us directly.
[Image courtesy of TooMuchNick / WireImage]
Update: Sony's response to all of this is after the break, courtesy of a company spokesperson who pinged us directly.
Nokia sues Apple, says iPhone infringes ten patents
Boom. Nokia's just hit Apple with a patent infringement lawsuit, claiming that "all iPhones models shipped" infringe on ten of Espoo's patents relating to GSM, UMTS, and WiFi. According to Nokia's press release, the patents in question have been licensed by some 40 other companies, "including virtually all the leading mobile device vendors," and Apple's refused to agree to "appropriate" license terms. That's pretty vague, actually -- it could either mean that Apple was willing to license the patents at a price less than what Nokia demanded, or it could mean that Apple refused to pay at all. We'll obviously be covering this one in great detail as it progresses -- stay tuned for a fun decade or so of litigation.
[Thanks to everyone who sent this in]
[Thanks to everyone who sent this in]
Sprint proves money can solve problems, buys iPCS to settle litigation
[Via Reuters]
First Sidekick class-action lawsuits predictably get underway
Our usual rule is to ignore attention-seeking class-action lawsuits until they make it past the critical step of being certified by a judge, but we think it's pretty wild that the Sidekick debacle has already resulted in two separate suits in two different states. That's a turnaround time of just a few days, really -- and now that Microsoft is saying it can restore most of the lost data, it'll be interesting to see if these cases can push on past the early stages. Both the California and Washington state cases allege that T-Mobile misled customers into thinking their data was secure, but for some reason we're particularly amused at the California case filed by a mother whose aspiring model and singer-songwriter daughter lost "photos and song lyrics" she'd entrusted to her Sidekick -- honestly, what judge can't relate to her situation?
NVIDIA halting chipset development after all

It's been about two months since NVIDIA called rumors that it was leaving the chipset business "groundless," so perhaps it's no big shock that PC Magazine is now reporting that the company is putting its nForce chipset line "on hiatus." On hiatus, that is, until the company gets a few sticky legal questions out of the way, including whether or not its four-year deal with Intel covers Core i7 processors. Thus we have the delicate line that NVIDIA walks with Intel: for the time being, the two companies need each other, but they don't have to like each other, and as the latter continues to pursue graphics integration with the CPU, manufacturers are going to be increasingly pushed towards all-Intel solutions. All this leads us to wonder if NVIDIA might decide chipsets in general are more trouble than they're worth, especially considering Intel's general attitude about them -- and whether ION might be the next on the block.
Update: We've just received an email from NVIDIA's Ken Brown that sheds a little light on the matter. It reads, in part: "[B]ecause of Intel's improper claims to customers and the market that we aren't licensed to the new DMI bus and its unfair business tactics, it is effectively impossible for us to market chipsets for future CPUs. So, until we resolve this matter in court next year, we'll postpone further chipset investments for Intel DMI CPUs." Fair enough. Peep it for yourself after the break.
Update: We've just received an email from NVIDIA's Ken Brown that sheds a little light on the matter. It reads, in part: "[B]ecause of Intel's improper claims to customers and the market that we aren't licensed to the new DMI bus and its unfair business tactics, it is effectively impossible for us to market chipsets for future CPUs. So, until we resolve this matter in court next year, we'll postpone further chipset investments for Intel DMI CPUs." Fair enough. Peep it for yourself after the break.
Amazon clarifies Kindle book-deletion policy, can still delete books
Amazon might have been extremely contrite about remotely deleting 1984 from Kindles, but a Jeff Bezos apology and an offer to restore the book doesn't necessarily add up to a meaningful change in policy. As part of the settlement with that student who sued over the 1984 situation, Amazon's had to clarify its remote-deletion guidelines, and they're pretty much the same as ever: they'll hit the kill switch if you ask for a refund or if your credit card is declined, if a judge orders them to, or if they need to protect the Kindle or the network from malware. Sounds simple, right?
Well, sort of -- saying they'll delete content at the behest of judicial or regulatory decree pretty much leaves the door open to exactly the same situation as the 1984 debacle, just a couple procedural steps down the line and with less blame placed on Amazon. If you'll recall, 1984 was deleted after the publisher was sued for not having the proper rights, and Amazon took the proactive step of deleting the content -- and although Amazon won't do that on its own anymore, all it takes now is one strongly-worded motion before a sympathetic judge and we're back at square one. That's pretty troubling -- no judge can order a physical bookseller to come into your house and retrieve a book they've sold you, and saying things are different for the Kindle raises some interesting questions about what Amazon thinks "ownership" means. We'll see how this one plays out in practice, though -- we're hoping Amazon never has to pull that switch again.
Well, sort of -- saying they'll delete content at the behest of judicial or regulatory decree pretty much leaves the door open to exactly the same situation as the 1984 debacle, just a couple procedural steps down the line and with less blame placed on Amazon. If you'll recall, 1984 was deleted after the publisher was sued for not having the proper rights, and Amazon took the proactive step of deleting the content -- and although Amazon won't do that on its own anymore, all it takes now is one strongly-worded motion before a sympathetic judge and we're back at square one. That's pretty troubling -- no judge can order a physical bookseller to come into your house and retrieve a book they've sold you, and saying things are different for the Kindle raises some interesting questions about what Amazon thinks "ownership" means. We'll see how this one plays out in practice, though -- we're hoping Amazon never has to pull that switch again.
Google hits Android ROM modder with a cease-and-desist letter
So this is interesting: apparently Google's hit the developer of the Cyanogen modded Android ROM with a cease-and-desist letter, asking him to stop distributing the closed-source Google apps like Gmail, Maps, and YouTube. What's a little strange is that Cyanogen is targeted at "Google Experience" devices like the G1 and myTouch, so it's not like Google is really protecting anything here -- leading us to wonder if they're just using the copyright argument to shut down a popular mod that's tempted over 30,000 users into rooting their phones. That's just speculation on our part, though -- the dev says he's trying to open a dialogue with Google, so perhaps we'll find out some more answers soon.
[Via Android and Me]
[Via Android and Me]
Tesla Motors confirms it settled lawsuit with former CEO

We had some indication Tesla and its former CEO Martin Eberhard had settled their lawsuit after it just quietly went away last month, but the electric automaker has now finally come out and confirmed as much, although it's not surprisingly still staying mum on any actual details. As you may recall, Eberhard had sued Tesla and its current CEO, Elon Musk, over a whole host of grievances, including that he was pushed out of the company, denied his severance package, and generally disparaged both in the public and within the company. For its part, Tesla then fired back with some harsh words of its own, saying that Eberhard's account was "fictionalized," "twisted," and "wrong." Both parties seem to now be doing their best to put all that behind them, however, and Tesla CEO Elon Musk has even go so far as to issue a statement saying that "without Martin's indispensable efforts, Tesla Motors would not be here today."
Dell finally fined $4 million in NY fraud case
Remember back in May 2008 when Dell was found guilty of "engaging in deceptive business practices related to financing promotions for its computers and technical support?" Yeah, those were the days, and now just 15 and a half months after the verdict, the computer maker is now paying up to the tune of $4 million -- not as paltry as its $30,000 Taiwan fine, but still less than one percent of its quarterly profits. We know, it's the thought the counts.




























