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Sega and Gearbox targeted in Aliens: Colonial Marines lawsuit
Gearbox Software and Sega have both been named in a class action lawsuit alleging that the two companies knowingly misrepresented Aliens: Colonial Marines in trade show demos. After the game was released to negative reviews, some players and critics claimed the game's trailers and demonstrations didn't match up to the final product. The lawsuit's plaintiff, Damion Perrine, and the law firm of Edelson LLC have decided to take the matter to court for consumers. The suit cites a tweet from Gearbox head Randy Pitchford, who called initial complaints over the delta between demo and final game "understood and fair." The legal action also suggests demos were misleadingly labeled as "actual gameplay," and that Sega embargoed press reviews until the early morning of Colonial Marines' release date, preventing early buyers from discovering the differences. Accordingly, the suit asks for class action damages for anyone who pre-ordered the game or bought it on release day. The next step in a class action suit like this will be for the courts to certify the class. Unless Sega and Gearbox fight for a settlement right away, Edelson will next need to figure out how many players were mislead in the way described in the lawsuit. Once determined, the class will be notified of the suit, and the case can move forward.
Samsung targets LG in $45 million suit, claims corporate image 'tarnished' by fridge advertisements
Samsung's corporate image has become slightly tainted as of late -- some might argue that recent launch events are to blame, but the company has a different culprit in mind: LG. This latest accusation relates to the company's position in the all-too-competitive home appliance space. Samsung has filed a lawsuit against LG in South Korea, targeting online advertisements that cited information that the company claims to be incorrect. You see, last year, LG told the public that its own refrigerator offered the highest capacity, but according to the suit, that badge of honor belongs to Samsung. This, of course, follows an LG suit against Samsung for its own promotional video on YouTube last year. 50 billion Korean won are at stake this time around, which works out to roughly $45 million -- perhaps just enough for Samsung to recoup the costs of its massive Radio City Galaxy S 4 spectacle.
Apple's claim to iPhone trademark in Mexico gets a nail in the appeals coffin
Apple's already lost hope for exclusive rights to the name "iPhone" in Brazil, and now it's been defeated in another battle south of the border. Cupertino and Mexican company iFone S.A. have a long history, stretching back to 2009 when Apple tried to have the firm's "iFone" trademark revoked. The electronics giant claimed that the mark had expired since it was registered in 2003. However, the Wall Street Journal reports that a Mexican federal court ruled last year that the small company's claim to the name was valid, and that Cook and Co. can't make it their own. Now, Mexico's Supreme Court has put another nail in the coffin, upholding the previous decision. iFone intends to seek some coin in the form of damages, but all is not lost for Apple: it still has two trademarks to the iPhone moniker in the country and can keep selling its hardware.
Apple publishes 'Samsung did not copy' statement through gritted teeth
Whatever you think of the continual legal tussles between Apple and Samsung, a UK court's decision to force the former into publicly acknowledging that the latter did not copy its design will have seemed a little egregious even to the most ardent sammy-sympathiser. Well, that post is now live -- on Apple's site at least -- and as you might expect, is studiously manicured to almost not feel like an acknowledgement at all. The opening legalese notes that Samsung did not infringe "registered design No. 0000181607-0001," before going on to point out in perfect lay-terms the positive comments Judge Colin Birss made about its own slates. While Apple does confirm that the UK decision was further upheld by the court of appeal, it is also keen to remind you that other European legal jurisdictions (namely Germany) don't share this opinion. Head to source to read the statement in full.
Tokyo University of Science shows off robotic suit powered by pneumatic artificial muscles (video)
What can one do with a robot suit? Well, it's certainly not limited to just lifting sacks of rice, but that was exactly what we got to do at CEATEC courtesy of Koba Lab from Tokyo University of Science. First seen in 2009, the magic behind this 9kg kit are the pair of pneumatic artificial muscles (aka McKibben artificial muscles) on the back, which are made by industrial equipment manufacturer Kanda Tsushin. When pressurized with air using electrical components from KOA Corporation, the lightweight, loosely-woven PET tubes contract and consequently provide support to the user's back, shoulders and elbows. As such, our arms were able to easily hold two more sacks of rice (making it a total of 50kg) until the demonstrator deflated the muscles. Check out our jolly hands-on video after the break.
Apple and publishers offer deal to put price fixing scandal behind them in EU
In the US, the e-book price fixing scandal appears to be winding towards its inevitable conclusion. Many of the publishers settled with the DOJ right off the bat, and now the states themselves have gotten three publishing houses to cough up $69 million in their own agreement. (Of course, Apple, Macmillan and Penguin have all decided to go the trial route, but we'll have to wait till next year to see how that plays out.) In Europe, the battle is still raging on, but Reuters is reporting that the accused are offering concessions in a bid to put the antitrust allegations behind them. The only name missing from the list is Penguin, which may or may not be part of the plea deal. Not all the details of the proposals have been revealed yet, and there's no guarantee the commission will accept them. The heart of the settlement, however, would involve allowing Amazon to sell e-books at a discounted price for two years. Would cheaper Kindle books be good, clean fun for the whole family? Sure, but it certainly pales in comparison to the potential penalties if Apple and their publishing partners go to trial.
Judge calls Samsung vs. Apple 3G suit 'ridiculous,' suggests mediation instead
Annabelle Bennett is no stranger to Apple/Samsung litigation -- the Federal Court of Australia judge has had a hand in the companies' disputes for at least the past year. And it would appear that she's grown a bit impatient, following a Samsung move that she's labeled as "just ridiculous." According to a Bloomberg report, the trial began with Samsung's attorney stating that Apple refused to pay a fee to license three patents related to 3G data transmission. Apple's counsel, however, explained that the company did offer to pay, but Samsung refused. Bennett responded by asking "why on earth are these proceedings going ahead?," following up with "why shouldn't I order the parties to mediation?" -- a question she expects to be addressed by the end of the week. There doesn't appear to be any official ruling at this point, though the trial certainly isn't off to a great start for Samsung. Ultimately, the duo may be forced back to the negotiating table, letting Bennett move on to other cases until the next patent rouse.
Apple to appeal court order to publish statement about Samsung
Apple is not planning to simply give in to a UK judge's orders that it should acknowledge on its website that Samsung didn't copy the iPad. Apple plans to appeal the decision, and the motion will be heard in a UK court of appeals. The judge who had issued the ruling in the first place (and said that Galaxy Tab wasn't as "cool" as the iPad) allowed the appeal to be filed. [Via MacNN] #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Judge to bar Jobs's disparaging statements about Android
No matter what Steve Jobs has said about Android, it shouldn't influence the upcoming patent showdown between Apple and Samsung in U.S. courts, a judge ruled on July 18. District Judge Lucy Koh ruled in favor of Apple regarding this request, Reuters reports. Samsung wanted the use of Jobs' quotes approved, saying it proved Apple's bias. Apple wanted them thrown out, claiming they would be a distraction. Koh agreed with Apple on this. "I really don't think this is a trial about Steve Jobs," Koh said. A ruling keeping Jobs' quotes was made in June in the case between Apple and Google's Motorola Mobility unit. That trial wound up being dismissed days after the ruling took place. At the time, federal judge Richard Posner didn't offer an explanation as to why he turned down Apple's request to keep Jobs' quotes out of court. Koh also ruled that Apple's operations in China and Samsung's taxes can be discussed during the trial, which is scheduled to begin July 30.
UK judge forces Apple to state on its site that Samsung didn't copy the iPad
Apple is being forced by a British judge to state explicitly that Samsung didn't copy its iPad design. According to Bloomberg, Judge Colin Birss said that Apple has to post a notice both on its website and several British newspapers and magazines, to help correct the "damaging impression the South Korea-based company was copying Apple's product." The online part will reportedly stay there for six months. Apple lost its case against Samsung in the UK earlier this month, with the same judge awkwardly branding the 10-inch Android tablet "not as cool" as the iPad.
UK Judge says Galaxy Tab 'not as cool' as iPad, awards Samsung win in design suit
How's that for the ultimate backhanded legal award? A judge in the UK handed a win to Samsung in an intellectual property dispute, calling the Galaxy Tab "not as cool" as the iPad, and therefore not likely to get confused with Apple's tablets. Adding insult to lawsuit win, Judge Colin Birss said that Samsung's slates "do not have the same understated and extreme simplicity which is possessed by the Apple design." The Galaxy Tabs are distinct from the iPad given their thinner form factors and the "details" on the backs of the devices, according to the judge. If Apple's not happy with his too-cool-for-suit ruling, he also gave Cupertino 21 days to appeal.
Kodak sues Apple for allegedly interfering with patent sales, has little nostalgia for your QuickTake
Kodak may have recently obtained clearance to sell some patents and help dig itself out of bankruptcy, but it wants to be extra-certain Apple is nowhere near potential buyers if a deal goes down. The former camera maker is suing Apple in hopes of making the former collaborator drop challenges to the ownership of 10 imaging patents from the early 1990s, when the two were still buddy-buddy enough to design the QuickTake camera line together. Claims by Apple and patent transfer recipient FlashPoint Technology are purportedly just attempts to stall any patent sale as long as possible and spook buyers away, forcing Kodak to make some hard decisions about its own lawsuits. That's not to say Kodak is a doe-eyed innocent here: Apple has accused Kodak of trying to sweep any patent disputes under the rug with bankruptcy as the pretext. Although the lawsuit is just one part of a larger story, it could more definitively answer whether or not Kodak has enough bullets left in its patent gun. [Image credit: Mikhail Shcherbakov, Flickr]
Apple calls for an early ban on Samsung Galaxy S III, isn't amused by S Voice
Samsung might have been right when it said lawyers didn't design the Galaxy S III, because it's in legal hot water again. Apple has moved to add the new Android 4.0 flagship to the same request for a preliminary US ban that would stop the Galaxy Nexus. Cupertino believes the Galaxy S III violates at least two patents, one the data tapping patent that's also being leveled against HTC and the other a unified search patent that covers Siri; not surprisingly, Apple isn't keen on that strangely recognizable S Voice interface. A hearing was already scheduled for June 7th and is now taking on a new sense of urgency, at least in Apple's mind: it's arguing that the rumored nine million pre-orders (still unconfirmed) are evidence of the potential damage if the US court lets the dispute slide. Samsung has already said that the injunction call won't affect its rapidly approaching US launches. The company had better hope it's right, or it risks disappointing a lot of early pre-order customers.
Oracle sues Lodsys to squash its patents, deals in ironic reversals of fortune
Lodsys has been facing an increasing backlash ever since it began suing left and right to scrape money from developers over patents, including countering lawsuits from some heavy hitters. Its stiffest opposition might have just lined up in the form of Oracle, however. The database behemoth is hoping to render four of Lodsys' patents invalid and prevent it from threatening further lawsuits against companies that use Oracle's technology, such as current target Walgreens. The lawsuits are focused more on web chats than on the in-app purchasing that has put more than a few mobile app developers in jeopardy, although it might help EA or Rovio at ease knowing Lodsys might be defanged. Oracle certainly isn't mincing any words in its accusations: it out-and-out accuses Lodsys of being a patent troll that profits from technology it didn't invent and will never use. Strong rhetoric against patent lawsuits won't guarantee Oracle a victory in court, but it certainly creates a minor degree of irony for a company that unsuccessfully sued Google over patents inherited through an acquisition.
Apple allowed to intervene in Lodsys patent case
Last year, patent holder Lodsys filed lawsuits against iOS developers including James Thomson, Patrick McCarron, IconFactory, Combay, Rovio and more. Apple stepped in and filed a motion to intervene on June 9, 2011. The motion was finally granted this week, says a report in FOSS Patents. Lodsys asserts that these developers and others infringe on U.S. Patent No. 7,222,078 which describes "methods and systems for gathering information from units of a commodity across a network." Apple argues that developers are protected from lawsuits because Apple already pays Lodsys a licensing fee which covers third-party developers in the iOS App Store. Lodsys vehemently disagrees and claims each developer must negotiate an agreement on an individual basis.
Facebook fights back, countersues Yahoo
Surprise, surprise, Facebook has decided to sling a lawsuit Yahoo's way after the latter first filed a patent infringement action against Zuckerberg's crew a few weeks ago. According to Florian Mueller over at FOSSPatents, the social network's alleging some IP infringement of its own -- claiming that Yahoo has run afoul of ten of its patents. The patents in question cover myriad technologies, ranging for ad placement and information arrangements on web pages to privacy controls for managing what info is shown to individual users and instant messaging using email protocol. Just another ho-hum legal battle between tech behemoths here in Silicon Valley, folks, with mere millions of dollars at stake. But, if you're yearning for more, you can read the full complaint at the All Things D source link below.
US Judge rejects Hasbro / ASUS sales ban, Transformer Prime prevails
Coming up with original gadget names is tough work, and, after all, imitation is the most sincere form of flattery -- right? So it was no surprise when ASUS happened upon an alias that more than slightly resembled that of a popular fictional mutant semi -- you know, Transformer Optimus Prime. However shockingly, Hasbro wasn't a fan, opting to battle ASUS to the death in the U.S. court system. And, after countless weeks and many bank holidays, we finally have a victor. It appears that the leader of the Autobots will continue to share its name with the Taiwanese company's tablet -- that's what you get for leaving the fate of the world to mere human bureaucrats. Just don't be surprised when it comes time to name the world's next Superhero, Ms. Zenbook UX31.
US DOJ sues AT&T for improper IP Relay billing, alleges millions in false claims to FCC
AT&T has violated the United States False Claims Act to the tune of "millions of dollars," according to a Department of Justice lawsuit filed this week. The DOJ alleges that the carrier intentionally neglected to authenticate users of the IP Relay service -- a tool utilized by hearing-impaired persons to type messages that communications assistants then read to callers. The service is also abused by individuals overseas to defraud U.S. businesses (think infamous Nigerian scams), which prompted the FCC to establish a law requiring telecom providers, including AT&T, to confirm the identity of registered users, which it apparently failed to do. This resulted in thousands of fraudulent users, representing some 95 percent of all calls, which AT&T received FCC payments for to the tune of $1.30 per minute. An AT&T spokesman was somewhat dismissive when speaking to the Associated Press, saying "as the FCC is aware, it is always possible for an individual to misuse IP Relay services, just as someone can misuse the postal system or an email account, but FCC rules require that we complete all calls by customers who identify themselves as disabled." But if the allegations are proven, there could be some pretty serious repercussions for Big Blue. DOJ PR is just past the break.
Microsoft and TiVo agree to drop ongoing patent suits, we ask the world to follow
At last. A pair of companies decide that bickering (and spending) in the courtroom over patents just isn't worthwhile. In an era where it seems like every technology company under the sun is suing at least one other for nondescript "infringements," TiVo and Microsoft are laying aside their differences. Purportedly, both outfits have reached an agreement "under which both companies will dismiss pending litigation over patents." According to a regulatory filing, nary a patent right was granted to Microsoft by TiVo, but for whatever reason, the two have decided that both can continue operations without any more meddling. It all started early last year, when the folks in Redmond alleged that TiVo was infringing on four of its patents; predictably, TiVo slung one of its many patent-related suits in Microsoft's direction. Those looking to dive fully into the last chapter in this one can hit the links below; for the 99 percent, just scoot your eyes down to the next article and exhale in relief. So, Samsung, Apple -- you guys paying attention?
Apple's second slide-to-unlock case against Samsung stayed in Germany
Nothing like a little drama in the ongoing never-ending saga between Samsung and Apple to spice up your Friday morning, eh? As legions of consumers are cashing in a vacation day in order to pick up one of Apple's newest iPads, a court in Mannheim, Germany has stayed Apple's second slide-to-unlock case. According to FOSS Patents, the decision was made for the "duration of a parallel proceeding before the German Patent and Trademark Office that could lead to the revocation, in whole or in part, of Apple's slide-to-unlock utility model." Purportedly, the judge said that the court was not convinced of the "validity of that intellectual property right in all respects, with particular concern about the broadest group of claims." Lawyers who'd love to do nothing more than read about things related to their profession can tap that source link; everyone else can resume their best efforts of trying to be Woz when they grow up.
