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EU prevents Motorola and Samsung from suing over standards-based patents
The patent wars are about to cool down in Europe... a little bit, anyway. The European Commission has revealed measures that prevent both Motorola and Samsung from using lawsuits over standards-based patents as offensive weapons against competitors, rather than last-ditch options when negotiations fail. To start, the regulator has ordered Motorola to cut out any "anticompetitive" terms in patent licensing deals with Apple and other companies. Motorola is allegedly abusing its control of cellular patents by forbidding companies from contesting those patents' validity; companies and their customers shouldn't be forced to pay for licenses that might not hold up in court, the Commission says. Motorola won't pay a fine for the claimed violation since there's no precedent, but the phone maker now can't threaten a lawsuit simply because Apple wants to challenge the patents it's licensing.
EC says Motorola broke antitrust rules, abused its patent position
It was almost a year ago to the day that the European Commission began investigating Motorola over reported abuse of its standard-essential patents (SEPs), and now the regulators have a little more to say on the matter. The Commission has issued Motorola Mobility a Statement of Objections, which doesn't mean any judgment has been reached, but lets the company know its preliminary view, and it ain't good news. According to these initial findings, Motorola wanting an injunction against Apple in Germany based on some of its GPRS-related SEPs -- the particular legal encounter that was the catalyst for a complaint by Cupertino and ultimately, the EC's investigation -- "amounts to an abuse of a dominant position prohibited by EU antitrust rules." Motorola originally said it would license these patents under FRAND terms when they became standard-essential, which Apple was happy to pay for. However, the company pursued an injunction nonetheless. The Commission's statement goes on to say that while injunctions can be necessary in certain disputes, where there is potential for an agreement under FRAND terms, companies with bulging SEP portfolios should not be allowed to request injunctions "in order to distort licensing negotiations and impose unjustified licensing terms on patent licensees." Joaquín Almunia, the Commission Vice President who's responsible for competition policy, echoed what we've heard from other important folks entrenched in the never-ending patent battlefield (such as Judge Koh), saying: "I think that companies should spend their time innovating and competing on the merits of the products they offer -- not misusing their intellectual property rights to hold up competitors to the detriment of innovation and consumer choice." So, what happens next? Motorola will first have its right to address the statement before the EC makes a final decision, but it's looking like a fine is headed the company's way. Hopefully, the outcome will also have a wider impact on patent cases of the future, so companies will spend more time making shiny things for us, and less on courtroom squabbles.
Samsung loses UK lawsuit against Apple over 3G data
Samsung hasn't been catching many breaks in its court battles with Apple as of late, and that trend isn't quite over yet. A UK court just tossed out claims that Apple violates three Samsung standards-essential patents relating to 3G data transmission, tentatively leaving the American firm free to sell iPhones and other cellular devices in the country -- as long as other lawsuits don't get in the way. Samsung hasn't determined whether or not it will appeal, but a second try isn't as surefire as it might be elsewhere, not when the Galaxy maker has a less-than-stellar record in winning cases where 3G is involved. We'd just like the whole mess to be over.
Via Licensing welcomes China Mobile and Deutsche Telekom to its LTE supergroup
Via Licensing is amassing quite a deep well of patents from which its members able to pull. All in the name of keeping standards-essential LTE technology accessible to those willing to play ball. Now China Mobile and Deutsche Telekom are joining the ranks of industry giants like AT&T and NTT DoCoMo in an effort to guard themselves against litigation and ease the act of licensing each other's patents. Others have tried and failed where Via Licensing seems to be succeeding in building a coalition around sharing standard-essential patents. Though, while plenty of big names have signed on, there are still quite a few notable holdouts.
Judge invalidates 13 Motorola patent claims against Microsoft
Google's Motorola branch isn't having much success lately in getting patent claims to stick against Microsoft. A few months after the company dropped some ITC claims, the judge in a Seattle contract lawsuit has granted Microsoft's motion to invalidate 13 of Motorola's claims across three standards-based patents, all of them linked to H.264 video coding. The individual claims aren't well-defined enough to hold, Judge James Robart says. The ruling takes most of the thunder out of components in the lawsuit that aren't directly related to the contract, and could lead to lighter penalties against Microsoft should Google and Motorola win -- not that Google has much sway when it's prevented from seeking bans over standards-based patents.
RIM loses in arbitration with Nokia, may have to pay royalties on BlackBerrys with WiFi
Nokia and RIM already have a troubled history whenever they come into contact, so it's no surprise that what truces they do have are fraying at the edges. Thanks to filings, we now know that RIM has lost a Swedish arbitration proceeding where it tried to extend a 2003 patent cross-licensing deal with Nokia to include WiFi devices; the wireless technology isn't covered, the arbitrator says, and RIM now has to either pay royalties worldwide or risk seeing its devices yanked from the market. Nokia isn't wasting any time pressuring the team in Waterloo into coughing up -- it's taking steps to enforce the decision in Canada, the UK and the US. RIM has so far turned down any comment, although it's more likely that their firm will cut a deal rather than risk a sweeping ban. Consider it another of the many hurdles for RIM to jump on the road to January 30th.
Judge dismisses Apple lawsuit versus Motorola over standards-based patents
Apple may have just learned a lesson about all-or-nothing gambles. Judge Crabb has dismissed the company's lawsuit against Motorola over fair royalties for standards-based patents after the firm said it would only accept court-dictated payouts to Motorola of less than $1 per iPhone. To say that Crabb isn't eager to be used as leverage for a discount is an understatement -- she flipped from leaning towards a trial just days earlier to preventing Apple from suing over the same dispute unless it wins an appeal. The decision doesn't represent the first time the Cupertino team has had a lawsuit tossed this year, although it comes as Motorola has faced its own share of legal setbacks; the two parties are still very much in a stalemate. All we know for certain is that any royalty decision will have to come through either a (currently unlikely) settlement or through a separate trial.
ITU roundtable narrows scope of debate around standard-essential patents, doesn't create world peace
The ITU's roundtable discussing the controversy over standard-essential patents has wrapped up its first day, and surprise -- there wasn't immediate harmony. While strict press rules prevent discussing exactly which companies said what in the Geneva meeting, the UN's telecom agency mentioned that the initial, partly publicized discussions saw a "heated debate" that mostly followed party lines. Certain companies kept to their view that bans over standard-essential patents hurt innovation, while others were adamant that bans were harmless and potentially necessary -- you can probably guess who's on each side. The meeting mostly helped whittle down the subjects for the closed meetings, which should focus on how much of a curb there should be on injunctions as well as the definition of just what the "reasonable" in Reasonable and Non-Discriminatory (RAND) patent licensing terms should mean. ITU officials remain ever the budding optimists, however. They felt that it was tough to leave injunctions "completely unchecked" and that their institution could shape policies, even if it wouldn't get involved with ongoing talks. Legal Officer Antoine Dore also explained to Engadget that his organization wasn't surprised at the uncompromising stances early on and expected the companies involved to open up "a lot more" once they weren't under the watchful eyes of cameras and reporters. If they don't, we suspect other international organizations could exert their own pressure.
US Appeals court rules Motorola can't enforce injunction against Microsoft in Germany... again
In another face of the ever turning world of patent battles, Reuters reports Microsoft has snagged a victory over Motorola as the 9th US Circuit Court of Appeals ruled in its favor today. Motorola had obtained an injunction in Germany against Microsoft products -- including the Xbox 360 and Windows 7 -- based on its h.264 patents back in May, but today the court upheld a previous decision putting enforcement on hold because of Microsoft's existing lawsuit against Moto for breach of contract. Microsoft's push to leverage its patents into licensing payouts from manufacturers of Android devices have seen the two at each other's throats since at least 2010, when the folks from Redmond lodged an ITC complaint over nine patents and followed up with another suit accusing Motorola of charging unfair license fees for its patents. Motorola fired back with its own pair of lawsuits -- all of this a year before we heard it would be acquired by Google -- and the battle was on. Whether or not this moves us any closer to any resolution remains to be seen, but at least Bavarian gaming consoles are safe, for now.
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.
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.
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.
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.
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."
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.
