AppleLegal
Latest
US court upholds ban on Samsung Galaxy Tab 10.1 sales
Yesterday, U.S. District Court Judge Lucy Koh (at right) upheld her previous ban on sales of Samsung Galaxy Tab 10.1 tablet sales in the U.S. On June 26, Judge Koh (of the U.S. District Court for the Northern District of California, San Jose division) enjoined Samsung and its American subsidiaries from importing or selling the Galaxy Tab 10.1 or any other product that "embodies any design contained in U.S. Design Patent No. D504,889." That patent covers the design of the iPad and was granted to Apple in 2005. After Judge Koh's enjoinment on June 26, Apple post a required US$2.6 million bond and the injunction took effect. Almost immediately, Samsung filed a motion to stay and suspend the injunction pending an appeal to the U.S. Court of Appeals for the Federal Circuit. After consideration, Judge Koh refused the motion, saying that Samsung had not established a likelihood of success on appeal. The Judge also commented that Samsung would not suffer irreparable damages under the ban, as they have other tablet products that do not infringe on the iPad design.
Chinese court: Apple to pay $60 million to Proview in iPad dispute
The Associated Press tweeted a few minutes ago that a Chinese court says Apple will pay $60 million to Proview Technology over an ongoing dispute regarding the iPad name. A subsequent story said that the agreement was reached through mediation in Guangdong High People's Court. A Chinese court in Shenzhen rejected the trademark infringement suit in December. Proview tried to sue Apple in California, but that suit was thrown out in early May. Around the same time, Apple offered Proview $16 million to settle the dispute. Proview balked, reportedly saying they wanted $400 million to settle its debts. This was down from $1.6 billion that an earlier profile on the company claimed. Proview sold global rights to the iPad trademark to Apple in 2009, but never transferred the Chinese trademark. Proview has owned the naming rights to the iPad there since 2000.
Court backs Apple's request to halt sales of Samsung's Galaxy Tab 10.1
U.S. District Judge Lucy Koh granted Apple an injunction that'll ban the sale of the Samsung Galaxy Tab 10.1 in the US, according to Reuters. Koh previously denied Apple's injunction request, but a federal appeals court asked her to reconsider her decision on the Samsung tablet. In a decision handed down late on Tuesday, Koh writes, Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products. While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to compete directly with Samsung's infringing products outweighs Samsung's harm in light of the previous findings by the Court. The ban will go into effect when Apple posts a US$2.6 million bond. This money will be used to compensate Samsung for lost revenue if a later ruling finds that the injunction decision was wrong. Samsung is expected to appeal this ruling in a Washington D.C. federal appeals court.
Judge restricts Apple and Samsung's exhibits, argument time
In an attempt to streamline the epic courtroom battle pending between Apple and Samsung, U.S. District Court Judge Lucy Koh (photo at right) has set ground rules for the legal teams presenting their arguments before a jury. The companies, which have already been admonished several times to pare their arguments down to the bare minimum, have now been ordered to limit their respective cases down to 125 exhibits and 25 hours of argument time. The order comes as the two companies near their courtroom battle. In May, Judge Koh told lawyers for Samsung and Apple that she wouldn't put jurors through "cruel and unusual punishment." At that point, 16 patents, six trademarks, an antitrust claim, and five "trade dress" claims were included in the trial. Late last year, Judge Koh rejected Apple's request to ban U.S. sales of the Samsung Galaxy Tab tablet. Apple won an appeal that overturned that ban, but Koh then delayed judgement on a refiling of the same injunction.
Apple and Samsung sit down for mediation today
Apple CEO Tim Cook and Samsung CEO Gee-Sung Choi are meeting on Monday in a San Francisco Federal court, according to a Reuters report. The meeting is mandated by the court after earlier talks, noted in the court documents, failed to produce an agreement. By bringing in the CEOs, the court hopes to put an end to further litigation by either company. Despite the court's good intentions, these negotiations may be challenging. Apple doesn't want to back down and told Reuters that it must protect its intellectual property from blatant copying. Samsung says its wants to end the legal battle, but Samsung mobile chief JK Shin admitted the two companies have a long way to go. He told Reuters,"There is still a big gap in the patent war with Apple but we still have several negotiation options, including cross-licensing."
Apple wins iPhone5.com domain name
Apple's attempt to wrest control the iPhone5.com domain name from the hands of a cybersquatter has been a success. TheNextWeb reports that the company's complaint to the World Intellectual Properties Organization (WIPO) resulted in the iPhone5.com domain being handed over to Apple. The fact that the company has re-obtained the domain name doesn't necessarily mean that the next iPhone will be called the iPhone 5, nor that Apple will ever use the domain name. In fact, the domain is currently being held by Corporation Service Company, a firm that specializes in brand protection and may have been used by Apple to grab ownership. In the world of intellectual property law, it is considered vital for organizations to actively protect trademarks. In this case, the domain had been registered in 2008 by a group that operated an online forum. While registering the domain, the former owners noted that "it was not endorsed, sponsored, nor otherwise affiliated with Apple" and was "for the sole purpose of entertainment and knowledge." Apple hasn't been as aggressive in protecting other domain names. It does not own iPad.com, and hasn't attempted to take control of the name. Apple did manage to acquire iPods.com after a protracted battle, but doesn't own iBooks.com (publishing rival Barnes & Noble does) or iBookstore.com. With all of Apple's intellectual property battles raging around the world, it must feel good to win a small skirmish like this.
Kodak accuses Apple of interfering with patent sale
Things are getting heated in Kodak's patent battle with Apple. In a recent court filing noticed by Total Telecom, Kodak accused the Cupertino company of trying to interfere in its upcoming patent auction in order to avoid paying US$1 billion in penalties and royalty fees. According to the court document, Kodak says Apple shouldn't be allowed to claim ownership of a key Kodak imaging patent that describes a method of previewing a photo on an LCD. Kodak argues that the International Trade Commission and a US District Court have denied Apple's ownership claims. Apple, however, continues to assert that Kodak misappropriated its technology to get the patent. If Apple's ownership is upheld, then the company would not have to pay royalties or any infringement penalties to Kodak. It would also prevent Kodak from paying off its creditors by selling this valuable patent in an auction. Kodak asked the bankruptcy judge to consider this matter during a hearing scheduled for June 14. This would give the court a few weeks to make a decision before Kodak must file its patent auction rules and timeline with the bankruptcy court. Needless to say, Kodak's patent auction would go smoother if there wasn't an Apple ownership claim on one of the company's most important patents.
Apple claims Samsung destroyed "vast quantities" of evidence
The dispute between Samsung and Apple is heating up in the United States, with Apple now claiming Samsung destroyed vast quantities of evidence crucial to the case. According to Network World, Apple filed a motion in the Northern District of California that alleges Samsung intentionally destroyed documents it was required to hand over to the court. The motion points out this is not the first time Samsung has been accused of destroying evidence. A 2004 trial between Samsung and Mosaid revealed that Samsung routinely deleted emails from computers every two weeks, even when it's required to keep them as part of a court case. Apple claims this email deletion practice and others adversely affected Apple's case against the Korean handset maker. Samsung has until May 15 to file a response to Apple's accusation. A hearing on the motion is scheduled for June 7, 2012. Samsung denies that it destroyed evidence and is asking for an extension until May 29 to respond to the allegations and a delay in the hearing until July 10.
Proview reportedly rejects Apple's settlement offer
Earlier this week, a report suggested Apple and Proview were far apart on a settlement for the iPad trademark in China. According to Sina, the difference between the two companies is about US$384 million. The report claims Apple offered Proview $16 million for the iPad name and the Chinese company rejected the offer. Proview reportedly wants $400 million from Apple so it can appease its creditors. [Via The Next Web]
Judge throws out Proview lawsuit against Apple in California
A California judge threw out Proview's iPad trademark lawsuit against Apple in the US, according to a report by the Wall Street Journal. This dismissal is inconsequential to the trademark case which is making its way through the Chinese court system. Apple asked for and was granted the dismissal which lets the Asian court system make the final decision on the trademark infringement suit. Apple and Proview are discussing settlement terms for the infringement case which is being heard in Guangdong province. A recent report suggests there is a wide gap between the settlement being proposed by the two companies.
Proview notes "big gap" in Apple's settlement terms
Apple and Proview are talking settlement in their dispute over the iPad trademark in China, but the two companies are far from reaching an agreement. Roger Xie, lawyer for Proview, told Bloomberg, "The Guangdong Higher People's court is trying to mediate this, and both parties are trying to negotiate and come to a settlement. Right now, there is still a big gap between the two sides on the settlement amount." Proview is battling Apple over the rights to the iPad name and claims it still owns the trademark. Apple asserts it bought the trademark from a division of the Chinese company in 2009. The dispute has made its way to the Guangdong Higher People's court after Apple appealed a lower court ruling that said Proview owned the iPad name.
Apple hit with class action lawsuit over iTunes double-billing
Apple has been hit with another class-action lawsuit for double billing customers in the iTunes store. New York resident Robert Herskowitz claims Apple charged him twice for the single "Whataya Want from Me" by Adam Lambert. Herskowitz says he contacted Apple and got an automated response telling him his request was being reviewed. The message he received from Apple wasn't so friendly. "Your request for a refund for 'Whataya Want from Me' was carefully considered; however, according to the iTunes Store Terms of Sale, all purchases made on the iTunes Store are ineligible for refund. This policy matches Apple's refund policies and provides protection for copyrighted materials." So, the lawsuit is underway, and Herskowitz is looking for others who claim they have been similarly unfairly charged. You can read the lawsuit online at Justia.
Apple/Samsung mediation set for May
Apple and Samsung are fighting a multi-year, multi-country patent battle which includes over 50 different lawsuits. To try to end this fracas, the two companies are meeting on May 21 and 22 in San Francisco to discuss a settlement, according to a report in AllThingsD. Besides a possible agreement, each side must provide the US judge, who ordered this mediation, with "a candid evaluation of the parties' likelihood of prevailing on the claims and defenses."
Apple defends its tax practices in the New York Times
A recent New York Times article slams Apple for avoiding billions in state and federal taxes using common corporate loopholes. Apple didn't take kindly to this report and has issued a four-paragraph response defending its practices. The Cupertino company says it pays "an enormous amount of taxes which help our local, state and federal governments." Besides paying taxes, Apple also points out that its "among the top creators of American jobs in the past few years." You can read the full response on the New York Times's website. Also of note, Forbes magazine has pointed out that one of the key numbers in the Times story -- Apple's supposed 9.8% effective federal tax rate -- is hooey.
Proview spokesperson says iPad settlement "likely"
The dispute between Chinese display maker Proview and Apple over the iPad trademark may be nearing resolution. The Guangdong High Court wants the two companies to reach a settlement over the dispute that started when Proview's Taiwan subsidiary sold worldwide rights to the trademark to Apple in 2009. The registration of the trademark was never transferred to China, and financially troubled Proview has been attempting to stop Apple from using the iPad name. According to Ma Dongxiao, a lawyer for Proview, "It is likely that we will settle out of court. The Guangdong High Court is helping to arrange it and the court also expects to do so." Ma stated that "Actually Proview always expected to settle out of court from the beginning. I don't know if Apple has changed its attitude, but I believe that the key point now is the price." Apple spokeswoman Carolyn Wu said that the company had no new comment about a possible settlement and released a statement that mentioned that Proview "still owe a lot of people a lot of money, they are now unfairly trying to get more from Apple for a trademark we already paid for." Despite the comments about a possible settlement, a senior official with the Chinese State Administration for Industry and Commerce (SAIC) today said that "According to the ... provisions of the China Trademark Law, currently Shenzhen Proview is the legal registrant of the iPad trademark." The comments from Fu Shuangjian, a deputy director of SAIC, are the first that have been made from a government official about the case and could very well forecast the direction that the court may rule -- in favor of Proview. That would most likely mean an expensive settlement for Apple to retain the iPad name in China.
Ex-WSJ publisher: Apple's 30% profit sharing ebook agency model is not a conspiracy
As Apple prepares to go to trial to fight the US Department of Justice's claims that the Cupertino company conspired to fix ebook prices with publishers, former publisher of the Wall Street Journal L. Gordon Crovitz has an interesting oped in today's paper which he says that Apple's 30% profit sharing "agency model" with ebook publishers does not amount to the price fixing conspiracy that the DOJ accuses the company of. It is Crovitz's contention (as I assume Apple will also argue the same in court) that the government's assertion that the agency model is "inherently wrong" is false. The agency model means publishers, rather than resellers, set the prices of ebooks. Matter of fact, Crovitz says that Apple's agency model is not only good for Apple, but good for consumers and publishers as well, insisting that instead of conspiring to fix prices, they conspired to fix a broken ebook system in which Amazon controlled almost everything: Publishers conspired to repair an anticompetitive business model. They thought it made no sense for Amazon's Kindle to have a 90% market share and a single loss-leader price of $9.95 for consumers. They were right. Over the past couple of years, thanks to the agency model, the Kindle's market share has fallen to 60% thanks to competition from iPads and Barnes & Noble Nooks, and there is more variation in consumer prices, typically ranging from $5.95 to $14.95. Of noted interested is when Crovitz relates how he met with Apple's Eddy Cue to discuss the terms of revenue sharing for published works. Expecting a better deal than the 30% take Apple generates from apps Crovitz was a bit surprised when Cue told him, "'I don't think you understand. We can't treat newspapers or magazines any differently than we treat FarmVille." As Crovitz states: "It was a sobering reminder that traditional media brands have no preferred place in the new digital world."
iPad 4G branding strategy defended by Apple in Australia
In an ongoing battle in Australia over the use of 4G in the iPad name, Apple's now arguing that its naming convention adheres to the standard use of the term 4G. According to a report in The Australian, Apple claims, The descriptor '4G'... conveys to consumers in Australia that the iPad with WiFi + 4G will deliver a superior level of service in terms of data transfer speed (consistent with accepted industry and regulatory use of that term), and not that the iPad with WiFi + 4G is compatible with any particular network technology promoted by a particular mobile service provider in Australia. In December 2010, the International Telecommunications Union, which sets the terminology and marketing standards for the wireless industry, defined 4G as "the forerunners of ... LTE and WiMAX, and to other evolved 3G technologies providing a substantial level of improvement in performance and capabilities with respect to the initial third generation systems now deployed." According to this definition, both the iPad and Australia's networks can legitimately use the term 4G to describe their products. We will have to wait and see if the Australian court agrees. A final verdict in this case is expected on May 2. [Via Macworld UK]
Apple reportedly in talks with iPad trademark challenger in China
According to a Computerworld report, Apple and Chinese company Proview are in talks to resolve their dispute over the iPad trademark in China. The case is being heard in the Higher People's Court of Guangdong Province. Before it hands down a ruling, the court recommended the two companies meet first and try to hammer out an agreement. Proview has indicated in earlier comments that it wants to reach a settlement with Apple, but Apple has made it clear it will defend the trademark it purchased in 2009. As of today, the new iPad is still not available in the Asian country.
HTC says its touchscreens don't violate Apple patents in UK court
Apple and HTC are exchanging blows in a London court case over claims the Taiwanese manufacturer infringes on four Apple patents, says a Bloomberg report. These patents cover various multi-touch gestures, photo zooming and scrolling, slide-to-unlock and the use of a multilingual alphabet when sending text messages. HTC argues that it does not infringe on these patents because "We are dealing with extremely simple implementations of commonly known techniques." This is one of several lawsuits between the two companies, and a win over Apple in the UK could help HTC in these other cases.
iPhone 4 owners who refused a free bumper case can now claim $15 settlement
iPhone 4 owners who didn't accept a Bumper case as part of a class-action suit regarding the device's antenna are now eligible to receive US$15 from Apple, AppleInsider reports. Apple initially offered free Bumpers in 2010 for a brief period. Those eligible for the settlement had to have been the original owner of an iPhone 4 before February 17. The settlement offer is good through August 28.
