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Apple pays $60 million in iPad trademark dispute, makes peace with Proview
Earlier this year, iPads were flying off the shelves in China -- but not for the expected reasons. The slates were being removed from stores following an injunction granted to Shenzhen Proview Technology, a local firm that had laid claim to the iPad trademark. The injunction would later be rebuffed by a Shanghai court, resuming tablet sales while the dispute raged on. Today, Apple and Proview have come to a resolution, putting $60 million in Proview's coffers and the matter to rest. Feeling lost? Let us catch you up. Way back at the turn of the century, Proview's Taiwan branch registered the "iPad" trademark for its Internet Personal Access Device -- an all-in-one PC that wasn't unlike Apple's own iMac. Later on, Apple would purchase the worldwide rights to the name from the Taiwan branch, which presumably included Shenzhen Proview Technology's claim -- though the Chinese vice minister for the State Administration for Industry and Commerce (SAIC) would later declare Proview the trademark's rightful owner. Fast forward to today, and the two firms are finally settling. According to The New York Times, Proview had originally sought as much as $400 million, but has agreed to settle for a lesser amount to help it pay its debts. Either way, Apple seems to have already transferred the sum, according to the Guangdong High People's Court, apparently eager to put the dispute behind them.
Chinese official says Proview owns iPad trademark in China, court battle continues
Who knew some funky capitalization could cause so much trouble? Proview -- the purveyor of that 90s-era all-in-one called the iPAD -- hasn't let up in its fight to wrestle the rights to the iPad name from iPad maker Apple. The legal antics started in China, where Proview temporarily managed to get Apple's tablet booted off store shelves before being rebuffed by a Shanghai court -- after which the company promptly brought the case stateside. It's been all quiet on the iPad trademark front for a solid month now, but a report from All Things D indicates that the squabble is still going strong. Today the Chinese vice minister for the State Administration for Industry and Commerce (SAIC) declared that Proview is, in fact, the rightful owner of the iPad trademark. The SAIC has so far kept mum about the iPad trademark spat, so its decision to break that silence is sure to carry some weight when it comes time for the Chinese higher court to hand down its verdict.
Man gets served on Facebook, literally
Being unceremoniously dumped online isn't the only indignation made easier by social networks. For the first time, lawyers in the UK have been granted permission to serve a legal suit via Facebook. Traditionally, documents must be delivered physically, be it in person, by post or even fax. But, in a pretrial for a commercial dispute, these old-fashioned methods proved fruitless. The prosecuting team then decided to check online, and noticed recent updates on defendant Fabio De Biase's profile. Satisfied it was currently active, they sought permission to send documents via the website, with Justice Nigel Teare duly obliging. Wondering what that noise is? That's the sound of millions of mice clicking on "privacy settings" all at once.
Eighth Circuit declares RAZR a computer under federal law
There's little doubt that today's smartphones are pocketable computers -- they're equally or more powerful than the desktop PCs of yesteryear -- but what about dumbphones? Well, in US v. Kramer, the Eighth Circuit Court of Appeals just held that a Motorola Motorazr V3 fits the federal statutory definition for a computer -- and quoted Woz in the opinion: "Everything has a computer in it nowadays." Seems a bit silly to call a RAZR a computer, but courts can only interpret existing laws, not make new ones -- and US law says a computer is "an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions." Because this was the first time a federal appeals court had ruled on the issue, the Eighth Circuit set a precedent that other courts are likely to follow. And yes, the court is aware such a definition may include microwaves and coffee makers, and informed Congress that it should change the law if it doesn't like it. Regardless of whether you agree, this interpretation added some jail time for a guy who pled guilty to trying to engage in sexual activity with a minor, so the mild absurdity of it all is fine by us. Somewhere Chris Hansen is smiling.
Motorola sues Huawei and several former employees for stealing wireless trade secrets
Man, if you thought the lawsuit action in the mobile space was crazy before, well, you ain't seen nothing yet -- Motorola just sued Huawei and over a dozen former employees for conspiring to steal its wireless trade secrets and other proprietary technology over a period of years starting in 2001. Yeah, it's crazy. The lawsuit was originally filed in 2008 against four former Motorola engineers and a company called Lemko, all of whom Motorola accused of conspiring to stealing trade secrets related to wireless technology. After years of discovery in the case, it appears that Motorola realized the conspiracy went much deeper than it originally thought, leading the company to file a new complaint on July 16th, in which it named Huawei and nine additional former employees, who allegedly schemed to steal plans for a 3G base station called the SC300. According to the complaint, part of the scheme was ultimately blown up when one of the employees was arrested by Customs at O'Hare airport en route to China with $30,000 in cash and over 1,000 pages of documentation regarding Motorola's various communications networking tech, while another employee was caught buying Motorola phones in bulk and sending unlock codes and dump files to Lemko for reverse engineering purposes. Motorola also says that it doesn't yet know the exact relationship between Lemko, Huawei and some of the former employees because "file destruction software" was installed and run on computers before they were turned over as evidence, but the company claims that Huawei was aware it was receiving proprietary Motorola information the entire time it was in contact with the former employees. Yes, it's all very juicy -- we'll be watching this one closely.
