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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.
Apple denied stateside Galaxy S III injunction
Judge Lucy Koh has denied Apple's request for a domestic sales ban of Samsung's latest flagship. Her Honor put her foot down, saying that adding any more litigation to the already overcrowded docket would cause the courtroom action to be postponed again. Cupertino subsequently relented, eager to get the trial proper started, which is currently slated to begin on July 30th.
Oracle v. Google: Judge finds structure of Java APIs not copyrightable, renders jury infringement verdict moot
Thought the Oracle v. Google litigation fireworks were over? Well, if you weren't aware, during the copyright phase of the trial, the jury found that Google had infringed the structure, sequence and organization of Oracle's Java APIs. However, at the time, Judge Alsup had yet to evaluate the validity of Oracle's API copyright claims upon which that verdict was based. Today, Alsup found that Oracle's argument didn't hold water because it would expand the breadth of copyright holder's rights too far -- in essence, it would allow owners of software code to prevent others from writing different versions to perform the same functions. This ruling renders the jury's earlier infringement verdict moot, and gives Mountain View yet another courtroom victory. Despite this latest defeat, Oracle's sure to run the case up one more rung on the legal ladder, so let the countdown to the appeal begin.
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.
Microsoft beats Motorola in German SMS patent suit, litigation world cup continues
Munich's regional court has ruled that Motorola is infringing one of Microsoft's patents relating to displaying multiple SMS messages. It's one of the sub-cases that's separate to the larger FRAND matters that are raging along in the background, but still has enormous ramifications. Redmond's deputy general counsel, David Howard said that he hoped Motorola would (join over 70 percent of all Android OEMs) license Microsoft's patent portfolio. If Google's latest plaything doesn't start writing cheques, then it's likely to have its handsets banned from Germany, at least in the short term.
Samsung: 'Lawyers didn't design the Galaxy S III'
Samsung design VP Chang Dong-hoon has refuted accusations that the Galaxy S III was designed "by lawyers." Responding to the reports that stated the new handset was tweaked to circumvent deliberate trade dress claims made by Cupertino in its lawsuit, he said that the redesign is part of the company's five-year plan rather than a sudden change. He went on to say that the flagship went through hundreds of iterations before the team alighted upon the model that will shortly make its way into sweaty palms all over the world.
Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1
If you found yourself longing for the minor tweaks Samsung made to the Galaxy Tab 10.1 in Germany earlier this year, you may be in luck: Apple's filed for a preliminary injunction against the slate stateside. It isn't the first one, either, Cupertino filed something similar back in February, though it didn't quite pass legal muster. After gaining some headway earlier this week, Cook's crew is in for round two, according to FOSS Patents, asking for Judge Koh to rule in their favor without a new hearing. Concerned consumers, however, can sidestep the whole mess by simply opting for an injunction-exempt Galaxy Tab 2. Details and speculation can be found at the source link below, just in case you aren't already sick to death of the whole Samsung / Apple spat.
Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung
We'll forgive you if you've forgotten, given the myriad Apple/Samsung legal shenanigans, but back in February, Apple attempted to obtain a preliminary injunction against Samsung to prevent the Galaxy Tab 10.1 and a few phones from being sold in the US. Samsung emerged victorious, as the district court denied Cupertino's request because it questioned the validity of a couple of Apple's patents and didn't see how Apple would be irreparably harmed if it failed to get Sammy's products banned. Naturally, Tim Cook's crew appealed that decision, and the Court of Appeals for the Federal Circuit (CAFC) has decided to give Apple another crack at obtaining an injunction. The CAFC upheld the lower court's ruling as to three of the four patents, but found fault with the District Court's holding that Apple's tablet design patent had substantial questions of validity. Essentially, the lower court held that Apple's patent was likely no good because it was an obvious design in light of two tablets that were created long before Apple patented the iPad's look. However, the CAFC found that one of the previous slate's asymmetrical bezel and lack of an unbroken, all-glass surface (among other differences) were sufficient to render Apple's patent non-obvious. Basically, the appellate court found that the District court "construed the claimed design too broadly," and remanded the issue so that the district court could complete its preliminary injunction analysis. So, Apple's cleared a big hurdle towards getting the Galaxy Tab 10.1 off the US market, but the company's still got to persuade Judge Koh that it'll be irreparably harmed without the injunction. This decision assures even longer legal proceedings, but given how well both of these tech titans are doing these days, we're pretty sure they can afford the attorneys' fees.
Apple and Samsung finally agree... to drop a plethora of claims from their patent spat
Last week, Judge Lucy Koh informed Apple and Samsung that they would have to reduce the number of patent claims at issue in the parties' Northern District of California litigation. And now, each has complied, with Samsung dropping its total number of asserted patent claims from 75 to 15, while dismissing two patents from the case altogether. For its part, Apple has reduced its case to one claim from each of its asserted utility patents, its four iPhone and one iPad design patents, and its trade dress claims for those two devices. Keep in mind, however, that they did so without prejudice, which means that either party can reassert these dismissed claims in a later lawsuit. That said, the parties have at least attempted to placate Judge Koh in order to keep their July 30th trial date, which is when the real legal fireworks begin. Feel free to check the filings below for the full scope of this most recent patent pruning.
Apple v. Samsung judge yells 'get to the point, you two'
Judge Lucy Koh, presiding over the courtroom battle 'twixt Apple and Samsung has ordered that both companies slim down the bundle of litigation so its easy for juries to understand. The docket currently contains 16 patent violations, six trademark issues, five "trade dress" claims and an antitrust matter -- which her Honor Judge Koh described as a "cruel and unusual punishment" for a jury. If both companies can't get over a table and produce a Cliffs Notes edition of their global patent battle, then she'll postpone the trial date until 2013.
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."
Apple and Samsung set to meet May 21st, hug it out over 48 hours
These two brawlers were given until July to come together and mediate over their numerous globe-spanning patent lawsuits, but it appears neither side needs to wait that long. According to Foss Patents, May 21st and 22nd have been circled on the calendar of a certain San Francisco courthouse, where Magistrate Judge Joseph C. Spero will attempt to arbitrate in a calm, soothing voice for two days straight. Presenting himself as a confidant who sits outside of the main litigation being conducted in San Jose, Spero has already asked both parties to open up and provide "candid" statements about the strengths and weaknesses of their own cases, as a first step towards identifying areas of compromise. Fortunately, he still has a few weeks in which to devise further cunning plans.
Oracle v. Google trial reveals renders of original Google phone design
Not all the news coming out of Judge Alsup's courtroom concerns IP infringement and dollar signs, as some renders of a never-before-seen Google phone have made their way out of the courtroom and onto the web. It appears that before the T-Mobile G1 came to be, Google had its heart set on a portrait QWERTY design for its initial Android offering -- and different from what was found in the first Android emulator. Evidently, it was slated to pack at least a 200MHz chip, 64MB of RAM and ROM, a miniSD card, 2-megapixel camera with a dedicated shutter button and a non-touch-enabled QVGA display. That's a far cry from modern smartphones, but this thing was set to be sold five years ago, so such meager specs are to be expected. Intrigued? More pictures and details can be found at the source below.
Tim Cook hates litigation, not quite ready to call a patent truce
Tired of the ongoing patent wars? Well, Tim Cook gave us some reason to hope. In response to a question about the potential for settlements in the current pile of lawsuits on the company's plate, the CEO seemed open to the idea. In fact, he used the "h" word to describe is feelings towards the process. "I've always hated litigation. I continue to hate it," he said, before striking a slightly more combative tone to clarify, "I just want people to invent their own stuff." So there you go, stop stealing Apple's inventions and its lawyers won't sue. Seems simple enough. The urge to avoid further legal tussles seems genuine though, saying that, if an acceptable agreement could be struck he'd "highly prefer to settle rather than battle."
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.
Twitter introduces Innovators Patent Agreement, vows to not abuse patent system
When it comes to patents Twitter doesn't want to be part of the problem. Or, at least doesn't want you to think it's part of the problem and its new IPA (that's Innovators Patent Agreement, not India Pale Ale) outlines how it plans to stay above the fray and avoid abusing the system. The document is a relatively simple contract between Twitter and its employees that says any patents related to their work will be used for "defensive" purposes only. Meaning that the microblogging service has no plans to take one of its engineers designs and hammer Google in court because a function of Google+ is similar to a feature of Twitter. Almost as important, these restrictions are bound to the patents themselves -- not the company. So, should Twitter ever sell off its patent quiver in an effort to boost its bottom line, the purchasers would still be bound by the IPA and unable to use them in offensive litigation without the inventors approval. Twitter intends to officially implement the agreement later this year and it will apply not only to all of its patents going forward, but will be retroactively applied to its existing stable. Check out the more coverage link to read the IPA in full.
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.
Adidas settlement avoids 'messi' THQ lawsuit over missing miCoach game
Adidas and THQ have decided to down swords and settle their differences out of court. The German sportswear company was lobbing $10 million worth of litigation at the software house after it failed to produce a tie-in game for the miCoach intelligent football boots soccer cleats. The game will now be finished off and published by another one of Adidas' partners after both parties were "properly compensated for their important contributions" (read: they split the bill). Hopefully we can expect the software to arrive soon as we're aching to find out how many meters we cover in our usual games of five-a-side.
