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Apple resumes sales of 3G iPhones and iPads in Germany
Earlier today, Apple was forced to remove the iPhone 3G, iPhone 3GS, iPhone 4 (not the iPhone 4S), and all 3G iPads from its online store in Germany. This injunction was short-lived as Apple appealed and the German court suspended the ban. The company told Slashgear, "Apple appealed this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago." It also confirmed that "All iPad and iPhone models will be back on sale through Apple's online store in Germany shortly." According to FOSS Patents, the original removal was the result of a German court ruling in favor of Motorola that was handed down in early December. In this decision, the Mannheim Regional Court said Apple violated telecommunication patents owned by Motorola. Motorola had the option to enforce the ban by posting a 100 million euro bond and it appears that the company took this step earlier today. [Via FOSS Patents]
Apple expands Australian lawsuit against Samsung with 278 new claims
Apple stepped up its legal campaign against Samsung by expanding its Australian lawsuit to include 278 new claims which cover 22 patents and ten devices. The original suit, filed last year, targeted only the Galaxy Tab 10.1, which Apple claimed violated less than five of its patents. Samsung lead barrister Neil Young spoke to The Australian, and said Apple "enormously" expanded its legal claim against Samsung. He confirmed the Korean company was given "days notice" of this expanded claim and may need until mid-May to prepare properly for its defense. Last December 2011, the case took a turn in favor of Samsung when a judge overturned Apple's injunction banning the sale of the Galaxy 10.1 tablet. Samsung was able to obtain this reversal just in time to catch the end of the holiday shopping season. [Via The Next Web]
Apple denied new appeal for Galaxy Tab 10.1 ban by Dutch court
A Dutch appeals court has dismissed Apple's appeal to have the Samsung Galaxy Tab 10.1 banned in the Netherlands on Tuesday. The move confirmed the Dutch lower court's ruling from last year which stated that the Galaxy Tab 10.1 were not a copy of Apple's popular iPad. This legal back-and-forth between Apple and Samsung has been going on for a long time, and there's no sign of either corporation backing down. At one point, Samsung even credited Apple with the Galaxy Tab's popularity, billing it as "The tablet Apple tried to stop."
Apple pays $5 million to settle Elan lawsuit
Apple has reportedly opted to settle a patent dipute with Elan to the tune of US$5 million. The settlement allows the company to avoid a trial and possible ban of Apple products. Elan's complaint was over two multi-touch patents. Early last year, an International Trade Commission judge decided in Elan's favor when Elan brought a complaint that Apple had used its multi-touch patents in the iPhone. At the time, it was estimated that Apple could pay as much as $70 million in the case. With that bargaining chip off the table for Elan, it received significantly less this week. Apple did counter-sue Elan, but this settlement has brought that to an end, too.
Apple to appeal ruling in Italian court
Earlier this week, Apple was fined for poor communication of its warranty policies in an Italian court. Today, Apple has stated that it will appeal that ruling, according to The Register. Apple was fined 900,000 Euros (approximately US$1.2 million) for failing to inform customers that they may receive free service biennially (via the Consumer Code) and for selling Apple Protection Plans that overlapped availability of that free service. Apple denies up-selling the typically year-long Apple Protection Plan, and will appeal the associated fines, according to The Register. Apple was also ordered to alter AppleCare packaging so that it mentions the free Customer Code service.
French reseller eBizcuss sues Apple over unfair competition
Apple opened its first retail store in France in November 2009 and caused sales to plummet for local Apple retailers, says eBizcuss CEO François Prudent. According to a report in Le Figaro, the effect is so great that eBizcuss has filed a lawsuit against Apple, alleging the company unfairly favors its own stores over resellers. eBizcuss is the largest Apple reseller in France and has 16 stores nationwide. CEO Prudent claims sales have fallen 30 percent in the last quarter because it was unable to secure a reasonable supply of iPads and MacBook Airs from Apple. The company also never received the iPhone 4S. It's not just hardware that Apple is keeping for itself, it's supposedly stealing valuable customers, too. Prudent claims Apple is actively courting his business customers and has wooed many away with its lower prices. While Apple is allegedly crippling the reseller market, the company is demanding more and more from its resellers. Prudent claims he recently invested over US$6.5 million on store improvements, including a new point-of-sale system, to meet Apple's criteria. This accusation of unfair trade practices is not anything new. Apple faced a lawsuit in 2004 when a group of five US resellers including Mac Accessory Center, Thomas Armes, MACadam Computers Inc., and others banded together and accused Apple of favoring its own stores over the resellers. Apple reached a settlement with all the plaintiffs in this case. [Via ifoAppleStore]
Apple fined in Italy for poor communication around warranty policy
Apple has been fined 900 thousand Euros by the Italian Antitrust Authority [Google translation], citing unfair business practices against consumers. Specifically, the ruling cites two offenses against Apple, Apple Sales International and Apple Retail Italy. First, the judgement says that Apple's retail arm did not fully inform consumers that they are eligible to receive free care every two years via the Consumer Code, instead focusing on Apple's own warranty plan (one year, plus subsequent paid AppleCare service). Additionally, the Italian authorities said Apple allowed customers to pay for an Apple Care Protection Plan even when the supplementary plan overlapped the two-year coverage guaranteed by the Consumer Code. As a result, Apple was fined 400,000 Euros for the former offense and 500,000 Euros for the latter (a total of about US$1.2 million as of this writing). Apple will also publish an explanation to its Italian consumer website. Finally, Apple must adapt sales packages of the Apple Protection Plan to include information on the free service that's available to customers after two years. That change must be made within 90 days of the decision. Thanks to Marc and Jacopo for sending this in.
Preliminary assessment: Apple unlikely to secure Galaxy Tab 10.1N ban in Germany
A preliminary assessment in a German court this week suggests that Apple probably won't secure a ban of the Samsung Galaxy tab 10.1N in that country. The court believes that the recently-redesigned Tab 10.1N has "...moved away sufficiently from the legally protected design," said Judge Johanna Brueckner-Hofmann. Note that this is a preliminary statement and that ruling is scheduled for February 9, 2012. You'll remember that Samsung redesigned the Galaxy Tablet 10.1 after the court ruled in Apple's favor. The 10.1N features an altered bezel design and relocated speaker, and is an attempt by Samsung to get around Apple's assertion that the Galaxy Tab design is just too close to that of the iPad. It seems like Judge Brueckner-Hofmann feels Samsung was successful. Like I said, this is only a preliminary assessment. We should get a decision in February.
HTC completes workaround to get past Apple's patent ban
HTC said it was pleased with a recent patent infringement ruling from the ITC, because it involves a simple UI element that was easy to fix. It appears the company was not exaggerating as the workaround is already completed. HTC infringed patent (#5,946,647) which describes a "system and method [which] causes a computer to detect and perform actions on structures identified in computer data." In a nutshell, it's describes a method to select an item like an email address or a phone number and launch the appropriate application. The patent doesn't cover the idea, but the exact method used in iOS. HTC has until April 2012 to apply this fix to its handsets, and the company is already testing it for compliance. If all goes well, future handsets will likely ship with the fix already in place. Google chimed in on this ruling and confirmed the decision will not affect any core parts of the Android operating system. It's a "user interface feature" which can be fixed easily. This is terrific news for Android handset makers who probably won't have to go toe-to-toe with Apple in a legal battle over this patent. [Via HTC Source and WSJ]
Apple patents using apps during phone calls
Apple is getting a lot of early Christmas presents this year in the form of good news on the patent front. Earlier this week Apple won a patent battle against HTC -- however, it appears that HTC has already made changes to the phones in question to get them out of a ban on sales in the US. Now Apple has received a broad patent that covers the ability to switch to an app while maintaining a phone call. CBS reports that Apple received US Patent 8,082,523 "Portable electronic device with graphical user interface supporting application switching" that includes a "vital independent claim" that is surprisingly broad in scope. The patent covers the steps taken to look at another app while on a phone call, and then extends this concept in a number of different ways. CBS blogger Erik Sherman notes that the Apple lawyers made the description of the steps "just broad enough ... to make it clumsy for a competitor to work around." Sherman points out that it isn't impossible for a competing Android phone to offer an equivalent feature, but that the patent makes it necessary for the competition to implement the feature in a very "clumsy, inelegant, or cumbersome" way. Forcing competitors into a clumsy way of doing things makes the iPhone and iPad more desirable. The end result of Apple's war chest of broad patents, according to Sherman, will be that other manufacturers may be forced eventually to focus on lower margin products, leaving the profitable products ripe for the picking by Apple.
European antitrust regulators probe Apple's e-book deals
The European Commission has formally launched an antitrust investigation against Apple and book publishers Hachette Libre, Harper Collins, Simon & Schuster, Penguin and Holtzbrinck, the German owner of Macmillan. The commission is looking into the possibility that Apple conspired with these publishers to restrict competition in the e-book market in the European Union. This isn't the first time Apple and the publishers have been targeted for alleged price fixing. The agency model, what the move is known as, is the subject of a class-action lawsuit was filed this summer, claiming that the group worked together to raise e-book prices. As GigaOM notes, the investigation excludes Random House, Amazon and Google. Read the entire press release below. Show full PR text Antitrust: Commission opens formal proceedings to investigate sales of e-books Brussels, 06 December 2011 - The European Commission has opened formal antitrust proceedings to investigate whether international publishers Hachette Livre (Lagardère Publishing, France), Harper Collins (News Corp., USA), Simon & Schuster (CBS Corp., USA), Penguin (Pearson Group, United Kingdom) and Verlagsgruppe Georg von Holzbrinck (owner of inter alia Macmillan, Germany) have, possibly with the help of Apple, engaged in anti-competitive practices affecting the sale of e-books in the European Economic Area (EEA)1, in breach of EU antitrust rules. The opening of proceedings means that the Commission will treat the case as a matter of priority. It does not prejudge the outcome of the investigation. The Commission will in particular investigate whether these publishing groups and Apple have engaged in illegal agreements or practices that would have the object or the effect of restricting competition in the EU or in the EEA. The Commission is also examining the character and terms of the agency agreements entered into by the above named five publishers and retailers for the sale of e-books. The Commission has concerns, that these practices may breach EU antitrust rules that prohibit cartels and restrictive business practices (Article 101 of the Treaty on the Functioning of the European Union – TFEU). The duration of antitrust investigations depends on a number of factors, including the complexity of each case, the extent to which the undertakings concerned cooperate with the Commission and the exercise of the rights of defence. Background on the ebooks investigation In March 2011, the Commission carried out unannounced inspections at the premises of several companies active in the e-book publishing sector in several Member States (see MEMO/11/126). To date, the Commission and the UK Office of Fair Trading have investigated in parallel and in close cooperation whether arrangements for the sale of e-books may breach competition rules. Before the Commission opened formal proceedings, the OFT had closed its investigation on grounds of administrative priority. The OFT has made a substantial contribution to the ebooks investigation and will continue to co-operate closely with the Commission going forward. Background on antitrust investigations Article 101 of the TFEU prohibits agreements and concerted practices which may affect trade and prevent or restrict competition. The implementation of this provision is defined in the Antitrust Regulation (Council Regulation No 1/2003) which can be applied by the Commission and by the national competition authorities of EU Member States. The legal base for the Commission's opening of formal proceedings is Article 11(6) of the Antitrust Regulation (Council Regulation No 1/2003). Article 11(6) of the Antitrust Regulation provides that the initiation of proceedings by the Commission relieves the competition authorities of the Member States of their competence to also apply EU competition rules to the practices concerned. Article 16(1) further provides that national courts must avoid giving decisions, which would conflict with a decision contemplated by the Commission in proceedings that it has initiated. The Commission has informed the companies and the competition authorities of the Member States that it has opened proceedings in this case.
Apple reportedly considering Prineville, Oregon for data center
Apple may follow in the footsteps of Facebook and build a 31-megawatt data center in Prineville, Oregon. The Cupertino company is considering the 160-acre property because of Oregon's low energy cost. The state also has a favorable tax break that could save Apple millions in property taxes. Apple is supposedly negotiating under the code name Maverick and is close to making a decision, said people familiar with the matter. According to Crook County planning director Bill Zelenka, Maverick has the option to purchase 160 acres, currently owned by the county. The company must make a decision by the end of the month or risk losing the option to buy this parcel of land. What makes this deal possible is an ongoing upgrade in the county's electrical transmission capacity. This improvement should be completed by June 2013 and will give companies like Apple the power it needs for a large data center. Cheap power and low taxes make this rural area attractive to companies like Apple and Facebook. One monkey wrench, though, is a law that lets the state tax a company on intangibles like the monetary value of a company's brand name. Both Apple and Facebook are concerned this "central assessment" could significantly raise taxes. Lawmakers plan to introduce a bill to stop this tax when they reconvenes in February, but that won't help Apple now. Zelenka notes that the company has not asked for an extension, which is an option if it wants to wait for the outcome of this legislation. [Via 9to5Mac]
Samsung already planning legal action against iPhone 5
Samsung has announced that it will launch legal action against Apple the very instant the iPhone 5 steps foot in Korea, according to Korea Times. Specifically, the manufacturer will move to block sales of Apple's phone. Quoting an unnamed source identified only as an anonymous Samsung senior executive, Korea Times notes that Samsung will "...take Apple to court here for its violation of Samsung's wireless technology related patents." Additionally, the Samsung source reiterated his/her company's dedication to its battle with Apple, saying, "For as long as Apple does not drop mobile telecommunications functions, it would be impossible for it to sell its i-branded products without using our patents. We will stick to a strong stance against Apple during the lingering legal fights." This is the latest volley in the legal back-and-forth between these two tech giants. As of this writing, it looks like the battle has only begun. [Via AppleInsider]
Apple revised South Korea's iPhone warranty
The South Korean Fair Trade Commission has said that customers who receive defective iPhones can exchange them for non-refurbished models, Bloomberg reports. This reflects a change to Apple's iPhone warranty in that country. Apple has given phones refurbished with new parts to customers in that situation. Owners complained that Apple's policy states they may receive refunds, new phones or free repairs. Now a customer who meets the criteria may choose which option s/he would like to receive. If a new phone is the choice, that customer will receive a brand-new iPhone, not one containing refurbished parts.
Apple asks Japan court to ban sale of Samsung phones
In a move that should surprise no one, Apple has asked a Japan court to ban the sale of Samsung phones. Specifically, Apple has filed a suit in Tokyo district court to halt sales of the Galaxy S and the S II, as well as the Galaxy Tab 7. The Cupertino company is after 100 million yen (about $1.3 million as of this writing) in damages in addition to the sales ban. Of course, this isn't the first time these companies have had legal sparring in Japan. Samsung sued Apple last April. Apple then countersued in August. Action has also been taken in Germany and Australia.
Dutch court has ordered EU-wide preliminary injunction against Samsung Galaxy smartphones
Oh, boy. A judge in The Hague has just issued a ruling [English Translation; PDF] in the patent case between Apple and Samsung, resulting in prohibition of "the marketing of Samsung smartphones Galaxy S, S II and Ace for violation of Apple Inc. EP 2,058,868." The Hague has issued a press release, explaining its move to "...ban trading of Samsung smartphones Galaxy S, S II and Ace." Additionally, the ruling notes that Samsung violated other Apple patents with the Galaxy Tab 10.1 and 10.1v, but specifics on that were unavailable as of this writing. As Engadget notes, the ban will go into effect on October 13, 2011.
Apple considers buying another $5 billion in patents
Bloomberg is reporting that Apple is considering buying InterDigital's patent portfolio, which is worth up to US$5 billion. The patents cover a wide range of mobile technologies used to transfer information over high-speed mobile phone networks. Just last month, Apple was the leader of a consortium that bought Nortel's patent portfolio for $4.5 billion. The ownership of patents is becoming a key issue to smartphone manufacturers as sales skyrocket. Major tech companies all want a piece of the same pie and Apple isn't alone in its interest of InterDigital's patents. Bloomberg says that Samsung has also been invited to bid on InterDigital's portfolio. Given that Samsung and Apple are locked up in patent lawsuits, it's possible that this could turn into a heated bidding war, possibly inflating the estimated $5 billion price.
Kodak may sell image patent in Apple lawsuit
Kodak may sell the image previewing patent that is the subject of a US$1 billion infringement lawsuit filed against Apple and RIM. This patent is one of 1,100 patents that Kodak is looking to sell as it tries to raise cash. Analysts estimate these patents may be worth more than $650 million, the market value of the company. In the past, Kodak has used patents to fund its struggling imaging and printing business. It has licensing agreements with 32 companies including Samsung and LG which have collectively paid Kodak $950 million to use the technology in Kodak's image-preview patents. Kodak was hoping to cash in on the RIM and Apple lawsuit, but this potential influx of cash has stalled. Kodak was handed a setback earlier this year when the ITC delayed its ruling on the Apple/RIM lawsuit until August 31.
Affinity Labs sues Apple over iPods, iPhone
Affinity Labs has sued both Apple and car audio maker AAMP over audio technology patents. Affinity accuses the companies of violating two U.S. patents, one for a "Content Delivery System and Method" and the other for a "Method for Managing Media." Affinity contends that the iPhone violates both patents, while the iPhone and iPod touch allegedly violates the first patent only. Apple has not yet commented on the suit. You can read the full complaint here.
HTC CFO suggests willingness to talk with Apple
Winston Yung, chief financial officer of HTC Corp., said on Tuesday that his company is "...open to having discussions" with Apple about the patent battle both companies are currently navigating. "We have to sit down and figure it out," Yung told Bloomberg. Apple started the legal proceedings by suing HTC over software patent violations. Both sides have since won minor victories. While Yung notes that no formal discussions have happened since this month's two ITC rulings were made, he's open to starting a dialog. "We are open to all sorts of solutions, as long as the solution and the terms are fair and reasonable." We'll watch this story and share more developments with you as we learn about them.
