PatentLitigation
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Nokia and HTC end their patent dispute, agree to license each other's tech
Nokia and HTC have officially put all this patent litigation nonsense behind them. The two have settled their disputes, signed an agreement to license each others technology, and even decided to explore further opportunities to collaborate. The details are confidential, as they usually are in these circumstances, and the reasoning behind the move are not entirely clear... not that we're complaining. It could be that Nokia and HTC have realized there are competitors out there with deeper pockets and better stocked patent arsenals, and this alliance is simply to protect themselves against other aggressors. Or, it could be that Nokia is trying to get all its legal ducks in a row ahead of the impending Microsoft acquisition. Whatever the impetus, we're just glad that this is one less intellectual property rivalry we'll have to cover.
Via Licensing assembles an LTE supergroup to share standards-essential patents
Dolby spinoff Via Licensing has shone a signal into the night sky and assembled some of the world's biggest telecoms players to form a patent supergroup. AT&T, NTT DoCoMo and Telefonica are some of the names that'll pool their standards-essential LTE patents to prevent getting embroiled in litigation over FRAND licensing. While there are some notable holdouts to the team, we suggest company president Roger Ross coax them over by hiring Michael McCuistion to write them a rockin' theme song.
Fujitsu and Acacia resolve patent disputes with settlement, keep it out of the courts
Fujitsu's bank balance may be a little lighter today, since Acacia Research Corp. has reported that subsidiaries of both companies have signed a settlement deal over patent disputes. As usual, Acacia is keeping tight-lipped about exactly what the patents cover, but a little digging on our part has revealed they are related to flash memory and RAM technologies. The agreement resolves lawsuits in the works at district courts in Texas and California, which is probably a good thing. After all, these cases can get pretty messy when they go to court.
Cher Wang: HTC will grab as many patents as it can
HTC co-founder and chair Cher Wang has said that her company plans to register and buy a host of patents in order to maintain parity with its competition. Speaking at the firm's 15th anniversary party, she said that despite being unable to use S3 Graphics' patents in ongoing litigation, the company will register and purchase patents in a variety of "different fields." It looks like we can expect to see a lot more filings at the USPTO in the future, and perhaps a few more buyouts along the way. [Image Credit: WSJ / Zuma Press]
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.
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.
Samsung sues Australian patent office to force judicial review of Apple patents (Update: Samsung clarifies)
Samsung has sued the Australian patent commissioner to seek judicial review of four patents granted to Apple in the country. It alleges that Cupertino's innovations patents, the legal equivalent of calling shotgun on new tech, weren't withdrawn by the commission when the full ones were awarded. If the Korean company is successful, the four patents will be declared invalid since they were improperly granted -- keeping them out of the barrage of litigation that surrounds the Galaxy Tab 10.1. A directions hearing is scheduled for June 25th, where Judge Annabelle Bennett will decide if Apple will lose out due to the error. [Thanks, James] Update: Samsung has responded with the following press statement to clarify the situation. It is inaccurate to state that Samsung has "sued" the Australian Commissioner of Patents Because of a procedural requirement of Australian law, the Commissioner has been joined in Samsung's invalidity case against Apple in the Australian Federal Court proceedings. Samsung is not making any allegations of wrong-doing against the Commissioner and it is most unlikely that the Commissioner will take any active role in the proceedings. It is therefore inaccurate to state that Samsung has "sued" the Australian Commissioner of Patents. Samsung is simply complying with Australian procedural requirements so it can make all possible invalidity arguments against Apple's dubious patents. Samsung's invalidity case against Apple is not new and has been in progress since Apple first commenced proceedings against Samsung in Australia last year. Samsung's claim against Apple always has been that Apple's patents should be revoked, and the new procedural aspect of the claim does not change that in any way.
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.
Nokia loses UK appeal against IPCom's pointless patent posturing
Nokia has had its appeal dismissed in the UK High Court in its Europe-wide patent battle against IPCom. The court found that the handset maker had infringed the German firm's 3G patent, but only on the Nokia N96 -- a phone the company no longer sells. IPCom can now request a ban on all British sales of the 2008 handset, a move that will probably affect tens of people. We've got an official response from Nokia's Mark Durrant after the break. [Image credit: Wikimedia Commons]
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.
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.
TiVo sues Time Warner Cable, Motorola Mobility in fresh patent assault
Four days ago TiVo abandoned its protracted patent litigation against Microsoft and we sighed in relief at the idea that people were learning to just get along. Our respite was short lived, however, when the company revealed it was lobbing litigation-shaped grenades over the fence toward Motorola Mobility and Time Warner Cable. The lawsuit, filed in the Patent Troll haven of Texas' Eastern District, concerns patents 6,223,389, 7,529,465 and 6,792,195. The first of that trio is the contentious Time Warping patent that's been argued over so much we'd like to slice it in two, King Solomon style. Details beyond that are few and far between, but something tells us we'll be hearing more about the tiff in the future... whether we want to or not.
Samsung files yet another lawsuit against Apple in South Korea
In the global courtroom conflict that threatens to outlast the Thirty-Years War, Samsung has commenced yet another lawsuit against Apple. Filed in a Seoul court, this particular litigation broadside alleges that Cupertino has infringed patents on the displaying of data, user interface and short text messages -- sigh.
Apple wants to press pause on patent suits, calls Motorola a lame duck
In what could turn out to be a very expensive lesson in minding one's mouth, Apple plans to use Google's and Motorola's own words against them in court. Over the weekend, Cupertino's lawyers filed two motions to stay in patent-related litigation with Moto, claiming the OEM's pending merger renders its patent suits indefensible. According to Apple's legal team, the proposed Motorola Mobility acquisition effectively transfers patent control over to Google, an allegation that public-facing statements from both companies seem to corroborate. Citing the potential waste of resources and probable reversal of future pre-merger settlements, the house that Jobs built is hoping to hold off on the court room fisticuffs until after the GoogMo consolidation is settled. With both cases set for far-off trial dates in April and August of 2012, it looks like all parties involved have plenty of time to sort this mess out, and then battle it out once again.
Rambus and NVIDIA patent dispute gets a little closer to a resolution
We're just a few tech-related legal cases away from changing our name to Enpatent, and the latest to push us that little bit closer is yet another ruling in the long and drawn-out battle between Rambus and NVIDIA. If you need a refresher, way back in 2008 Rambus accused NVIDIA of illicitly using five of its patents, and most recently a judge ruled that only three of those five had been violated. Now two more patents have fallen off the legal wagon, with the US Patent and Trademark Office indicating that only one of the three remaining was a true violation, a second was rejected, and a third got a mixed ruling. So, from a start of five Rambus is down to basically one and a half, but NVIDIA is saying it isn't done yet, planning yet another appeal. Maybe we should call ourselves Enappeal instead...
Buffalo's wireless injunction stayed, now free to sell WiFi products in US
Man, we can bet there's some serious celebrating going on at the Buffalo offices today. After being barred from selling its networking gear here in America last June, Buffalo has finally been freed from its CSIRO-given chains. Who's to thank? A federal judge who has stayed the permanent injunction in the ongoing US patent litigation, which opens the doors for the company to sell "IEEE 802.11a, 802.11g and 802.11n compliant products in the United States." Finally, we USers can look forward to buying helicopter inspired routers on our home turf.[Thanks, Mark]
Request for stay on Qualcomm chip import ban refused
The battle between Qualcomm and Broadcom over the former company's status in the states has taken a turn for the worse from Qualcomm's perspective, as a judge here denies a stay on the import ban of Qualcomm chips. The ban is related to a patent dispute with Broadcom, which won a case against Qualcomm a year ago, resulting in an import ban on chips that help conserve power in cellphones. It seems as if the ban will remain in place thanks to this ruling, which reaffirms the earlier enforcement of a ban on top of a nearly $20 million settlement between the two companies. So far it's hard to judge the effects of the ruling -- there certainly hasn't been a shortage of 3G handsets in the country (or has there?) -- since the ban went into effect, but since we're sitting behind a sheen of consumerism, it's not like we're in the best position to notice.
