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Fake Apple retail stores ordered to close
Two unofficial and unauthorized Apple retail stores have been ordered to close by Kunming, China officials. Not because of their less-than-official nature, but because neither had on official business permit. Chinese law protects trademarks, of course, but also prevents one store from copying the "look and feel" of another. Exactly how "look and feel" is legally defined in this context is unclear. All in all, five stores were found to be selling products without authorization and two were closed. The stores' appearance was convincing at first glance. Blue-shirted employees even greet customers. A blog post on BirdAbroad drew attention to the shops, resulting in at least one outraged customer who didn't now she bought a counterfeit product (not all stores were selling faked goods), not to mention cranky shop owners who had been happily operating under the radar. Reuters notes that one of the shops mentioned by BirdAborad has not been closed, and is in talks with Apple about becoming an official retailer.
Paul Allen lawsuit against Apple and others delayed
Microsoft co-founder Paul Allen has been stymied in his attempt to sue Apple, Google and others for patent infringement. U.S. District Judge Marsha Pechman delayed proceedings so the U.S. Patent and Trademark Office can reexamine the patents in the case. The USPTO will take a closer look at the patents and decide if they were granted properly. Often when this happens, the patents will be rejected or narrowed in scope; two possible decisions that could have a major impact on the outcome of this case. This process can also be long and drawn out and will test Allen's resolve to stay committed to this case.
No rush to judgement in Apple v. Samsung
U.S. District Court Judge Lucy Koh doesn't share Apple's interest in expediting its lawsuit against Samsung. Yesterday she decided to deny a motion to shorten the available time for a subset of the entire litigation. FOSS Patents says that this denial suggests that Judge Koh has doubts about Apple's entitlement to a faster process. FOSS Patents goes on to provide a nice overview of Judge Koh's recent decision and how it fits into the big picture. In brief, Apple filed a complaint against Samsung in April, and then amended that complaint two months later. Apple was later granted early access to some Samsung products, while Samsung was denied access to some early Apple products. On July 1, Apple filed a motion for a preliminary injunction as well as two other motions, one of which was about shortening time: "Furthermore, Apple filed a motion to shorten time for the briefing process with respect to the motion for an expedited trial. The purpose of that one was to compress the timeline for the exchange of pleadings concerning Apple's desire to compress the timeline for the overall lawsuit. Apple wanted a schedule based on which the court would schedule a hearing for July 21 (next week's Thursday), at or after which the decision on the motion for an expedited (overall) trial would be taken." It's that motion that the judge denied, saying in part, "The Court agrees [with Samsung] that Apple has not established substantial harm or prejudice justifying a shortened briefing and hearing schedule for its Motion to Expedite." Apparently the court is not convinced that Apple's claims of infringement -- which the company acknowledges that it has known about for quite some time -- now rise to the level of "gotta deal with it right now."
Apple looking to block sale of HTC devices with patent complaint
Apple has filed a second patent infringement complaint against Android handset maker HTC. The details on this second complaint are not yet available to the public so the patents at dispute are unknown. An earlier ITC complaint filed in March focused on patents for the iPhone UI, hardware and architecture. A final initial determination for this first complaint is due August 5, 2011, but a third-party ITC group (Office of Unfair Import Investigations) claims HTC did not infringe on any Apple patents. This early ruling against Apple may influence the ITC's final ruling later this summer. Apple is aware of this possible, impending defeat and may be using this second complaint to bolster its position against HTC. Until the details are made public and the lawyers weigh in on the subject, we wont know whether this second case is stronger than the first. HTC is also refraining from comment until it can review the details of the complaint. [Via BGR, Electronista and Foss Patents]
Antitrust investigation examining Apple-led Nortel patent purchase
Antitrust officials are reportedly examining the recent consortium purchase of Nortel's patent portfolio. According to the Washington Post, the Feds are interested in determining how Google will be affected by the sale: "Federal antitrust enforcers are scrutinizing whether Google, often accused of abusing its Web search power, is facing an unfair coalition of companies that could block its popular Android mobile phone software, according to a source close to the matter." Specifically, it's the board reach of included patents that has drawn attention. Apple, EMC, Ericsson, Microsoft, RIM and Sony were among the consortium that took part in the sale. We'll have more on this story as it develops over time.
Apple to pay $8M in damages over iPod playlist patent suit
An Eastern Texas District Court judge has ordered Apple to pay US$8 Million to Personal Audio LLC, after ruling that the iPod manufacturer infringed upon patents for downloadable playlists. Specifically, the court determined that Apple violated two generic patents with its support for downloading playlists on the iPhone and the iPod. According to Bloomberg, one of the patents addressed an "audio program player including a dynamic program selection controller" while the other was for "audio program distribution and playback system." Note that, while eight million bucks is nothing to sneeze at, it's less than the $84 million Personal Audio initially sought in 2009. That initial suit also included Archos, Coby, and Sirius XM, all of whom settled in 2010, after concluding that they wouldn't be able to finance a challenge of the final verdict.
Apple files patent lawsuit against Samsung in South Korea
Apple has filed a patent infringement lawsuit against Samsung in the manufacturer's home country of South Korea. This round of litigation is a response to an earlier patent infringement case Samsung filed against Apple in South Korea, Germany and Japan. It's also part of a longer volley of lawsuits that started when Apple sued Samsung for trademark and trade dress infringement over its line of Galaxy smartphones and tablets. Despite their close manufacturing relationship, the two tech companies are embroiled in a complex legal battle both here in the United States and overseas. Last week, Apple's legal team claimed they were in talks with Samsung about these various cases, but Samsung denied this report. The companies have not reached any settlement agreement, and the patent infringement cases are slowly moving through the legal systems in their respective countries. Samsung was recently handed a blow in the US when a judge denied its request to see the iPad 3 and the iPhone 5.
ITC delays Kodak vs. Apple and RIM decision
The ITC has announced on Thursday that a decision on RIM vs. Apple and Kodak will be delayed [PDF] by one week. It's a bit of a surprise, especially this late in the day, as ITC was supposed to make a decision today. There's no clear reason for the postponement that we could find, but FOSS Patents suggests, "This could either be due to a delay on the ITC's part or a way for the ITC to give the parties more time to negotiate a settlement." You'll remember that Kodak sued both Apple and RIM, focusing mainly a patent broadly described as an "image-preview feature in camera phones." Kodak CEO Antonio Perez told Bloomberg that the company is seeking US$1 billion.
Apple awarded multitouch patent, debate over implications ensues
Apple has recently been awarded a patent for a "Portable multifunction device, method, and graphical user interface for translating displayed content," and much debate has ensued over the implications of this patent. Some, such as intellectual property analyst Florian Mueller of FOSS Patents, claim the content of the patent is excessively broad. Mueller told PCMag that the patent "covers a kind of functionality without which it will be hard to build a competitive smartphone," and could "allow Apple to stifle innovation and bully competitors." Others, such as Nilay Patel of This is my next, disagree and claim the patent is in fact very narrowly focused. Classifying the reaction of outlets like PCMag and Macworld as a "media firestorm," Patel claims the patent's contents only apply to a very narrow range of behaviors. "The main idea is always the same: you interact with a main interface display using N fingers, and you interact with a frame within that display using M fingers, in a way that doesn't alter the main display." As one example, Patel notes that you're able to use the pinch-to-zoom gesture on an embedded map in Mobile Safari without causing the content around that map to zoom as well. Patently Apple's analysis of the patent asserts that Patel's interpretation is incorrect, and the patent may well be as far-reaching as initial reports suggested. The site claims this newly-awarded patent applies not only to the main claim, but also several other incorporated patents that read like a litany of basic multitouch device functionality: Multipoint Touch Surface Controller Multipoint Touchscreen Gestures For Touch Sensitive Input Devices Mode-Based Graphical User Interfaces For Touch Sensitive Input Devices Virtual Input Device Placement On A Touch Screen User Interface Operation Of A Computer With A Touch Screen Interface Activating Virtual Keys Of A Touch-Screen Virtual Keyboard Multi-Functional Hand-Held Device None of us at TUAW are lawyers, so we're not particularly well-qualified to determine who's on the right side of this debate as far as the patents themselves are concerned. In the end, Apple itself will be the sole entity responsible for deciding whether this patent and the others in its portfolio are far-reaching enough to go after competitors who have... let's say re-mixed... some of the innovations brought to market in the original iPhone.
DUI checkpoint apps no longer welcome on App Store
Don't raise a glass to Apple just yet. New App Store Review Guidelines explicitly ban iOS apps that identify certain DUI checkpoints. Specifically, the important passage reads: "...apps which contain DUI checkpoints that are not published by law enforcement agencies, or encourage and enable drunk driving, will be rejected." Note that Apple will only reject apps that identify checkpoints whose locations are not published by local law enforcement. Also, this change is specific to DUI checkpoints and does not affect speed trap apps and the like. It's likely that this change is a response a recent request by US Senators urging Apple to pull apps that alert drivers to the location to DUI checkpoints. The same request was also issued to Google and RIM. As of this writing, Google's and RIM's guidelines are unchanged.
Richard Dreyfuss offers a dramatic reading of Apple EULA
License agreements are dull...until they're dramatically performed by an Academy Award-winning actor. The folks at CNET asked Richard Dreyfuss to read sections of an Apple EULA in dramatic fashion, and he obliged. The result is silly, hilarious and enjoyable. Don't miss the last section, "Effective Until." It's especially, well, final. Hats off to Richard for being a good sport.
New York City Apple Store sued over alleged racial profiling incident
An Apple Store in New York City's Upper West Side has been sued by two customers after an alleged case of racial profiling. AppleInsider reports that two African-American men were told, in no uncertain terms, that they were not welcome in the store. The pair believes that their race was the deciding factor. According to the plaintiffs, 34-year-old Brian Johnston and 25-year-old Nile Charles, an Apple Store employee told them, "You know the deal. And before you say I'm racially discriminating against you, let me stop you. I am discriminating against you. I don't want 'your kind' hanging out in the store." Johnston and Charles allegedly began recording the incident on their cell phones, prompting another employee to tell them to leave and to "consider me God." The men also claim that when they addressed the store manager, he had store security call 911. The incident allegedly took place on December 9 of last year at 3:20 PM, and the suit was filed last February. The plaintiffs are seeking monetary compensation for "emotional pain, suffering, inconvenience, loss of enjoyment of life and other non-pecuniary losses." [hat tip Gothamist]
Apple, Google to testify at Congressional hearing on location tracking
Senator Al Franken released a statement today thanking Apple and Google for agreeing to attend a hearing on mobile technology and privacy. According to Franken, the goal of the hearing is to "serve as a first step in investigating if federal law protecting consumer privacy-particularly when it relates to mobile devices like smartphones and tablets-is keeping pace with advances in technology." The hearing is set for May 10 in Washington, D.C. and has the catchy title "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy." We'll keep you posted on the result of that hearing and we'll reach out to Sen. Franken for comment after they conclude. Full press release below. Show full PR text Sen. Franken Thanks Google, Apple for Agreeing to Appear at Hearing on Mobile Technology & Privacy Thursday, April 28, 2011 Today, U.S. Sen. Al Franken (D-Minn.), Chairman of the Judiciary Subcommittee on Privacy, Technology and the Law, thanked Apple and Google for agreeing to send representatives to testify at the May 10th hearing on mobile technology and privacy. They will be joining officials from the Department of Justice and the Federal Trade Commission; Ashkan Soltani, independent privacy researcher and consultant; and Justin Brookman, Director of the Center for Democracy and Technology's Project on Consumer Privacy. "I'm pleased that Apple and Google have confirmed that they'll be sending representatives to testify at my upcoming hearing on mobile technology and privacy," said Sen. Franken. "This hearing will serve as a first step in investigating if federal law protecting consumer privacy-particularly when it relates to mobile devices like smartphones and tablets-is keeping pace with advances in technology. Each of the witnesses at the hearing will play a critical role in helping us better understand this complex issue and I look forward to hearing from them." Sen. Franken's hearing, called "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy," is scheduled for Tuesday, May 10th at 10:00 a.m. in 226 Dirksen Senate Office Building. Protecting Minnesotans' and Americans' consumer rights and privacy has been a priority for Sen. Franken since he came to the Senate. Last week, he sent a letter to Apple CEO Steve Jobs asking him to address privacy concerns about the company's iOS 4 operating system, which security researchers have said secretly stores detailed information about users' locations on their iPhones, iPads, and any computers to which the devices are synched, generally in an unencrypted format. Since then, Apple, Inc. has announced that it will update its iOS 4 operating system to address several of the issues raised in Sen. Franken's letter. Last year, Sen. Franken pressed Attorney General Holder to incorporate an analysis of geotags-information about a person's location that is embedded in photos and videos taken with GPS-equipped smartphones-into an updated stalking victimization study connected to the National Crime Victimization Survey. This March, Sen. Franken also led several of his Senate colleagues in urging Facebook to stop plans that would have permitted third party application providers to access users' home addresses and phone numbers. Earlier this month, he asked the U.S. Department of Justice to clarify its interpretation of a critical federal law that protects personal data after a security breach at Epsilon Data Management and allegations that several popular smartphone applications were gathering and disclosing users' private information without their knowledge or consent.
Apple expands App Store trademark in Europe
Two filings published by the European Trademark Office last week suggest the battle for the term "App Store" will expand to new product categories and new turf. Patently Apple reports that the first request from Apple, filed on March 30, expands the use of the term "App Store" from four international classes to ten. The second application, filed on March 31, covers the App Store graphic (much like the image pictured here). Apple submitted its trademark applications in Europe as Microsoft filed its second objection to Apple's registration for the term "App Store" with the United States Patent and Trademark Office (USPTO). Apple also recently filed a lawsuit against retail giant Amazon for naming its new mobile software marketplace "Appstore." Microsoft, Amazon and other software makers may now face similar challenges using the words "App Store" in European markets. Aside from renewing its duels with Microsoft and Amazon on a new continent, Apple's latest filings in Europe expand the "App Store" trademark into six new product categories, like games, electronic publications, educational products and hardware. Notably, one of the new product classes -- International Class 36 for those keeping score -- refers to financial affairs, credit card services, debit card services, home banking and various methods for conducting electronic transactions. Patently Apple observes this class of products goes beyond typical online transactions for buying apps and music. Could Apple's attempt to expand its "App Store" trademark into financial products hint at new electronic wallet services tied to its mobile devices? Both of Apple's new trademark applications for the term "App Store" and the associated graphic are currently marked as "under examination" by the European Trademark Office.
Nokia files second complaint against Apple
After yesterday's decision by the International Trade Commission that Apple isn't violating five key Nokia patents, Nokia today has hit back by claiming that they invented, well, just about everything Apple has ever made. AppleInsider is reporting that Nokia has today launched a second complaint with the ITC saying that Apple's iPhone, iPod, iPad and Mac computers violate seven of their patents covering multi-tasking, data synchronization, positioning, call quality and the use of Bluetooth accessories. Nokia has issued a press release in which they also say they disagree with the ITC's judgement yesterday, and "is waiting to see the full details of the ruling before deciding on the next steps in that case." "Our latest ITC filing means we now have 46 Nokia patents in suit against Apple, many filed more than 10 years before Apple made its first iPhone," said Paul Melin, Vice President, Intellectual Property at Nokia. Nokia is also suing Apple in patent courts in Delaware in the USA, Mannheim, Dusseldorf and the Federal Patent Court in Germany, the UK High Court in London and the District Court of the Hague in the Netherlands. It appears that about the only Apple product not first developed by Nokia is the Apple HiFi -- although, as it ran on electricity and has at least one speaker, even that could be theirs.
Kodak loses critical part of ITC case against Apple and RIM
The International Trade Commission has ruled against Kodak in its patent infringement complaint against Research in Motion and Apple, Bloomberg reports. In an initial determination recommendation, ITC Judge Paul Luckern ruled that Kodak's patents are invalid and not infringed upon by Apple's iPhone or RIM's BlackBerry handsets. This ruling is subject to review by the full six-member ITC commission, which can decided to overrule the judge or let his decision stand. If the commission overturns this decision, they could block the import of camera-enabled handsets from Apple and RIM. This final determination will be made by May 23. The patents in this case involve an image preview feature used by devices with a digital camera, including smartphones (which are the target of this complaint). Kodak has already settled similar patent infringement lawsuits with Samsung and LG. Samsung settled with Kodak in 2010 and paid the imaging company a lump sum of US$500 million. LG settled in 2009 for $400 million. In a press release, Kodak remains optimistic that the Apple and RIM case will conclude in Kodak's favor, but this initial negative ruling casts doubt on a positive outcome for Kodak. Kodak has a lot on the line as a loss in this Apple and RIM case may hurt future patent infringement cases. [Via 9to5Mac]
Apple sues Nokia in London over touch-screen scroll patent
Apple has sued Finland's Nokia over claims that one of Nokia's European patents for scrolling on a touch screen is not valid. The suit was filed in London's High Court earlier this week, and is the latest in the legal back-and-forth between Nokia and Apple. In December of 2010, Nokia filed claims in three European countries, alleging that Apple infringed on 13 additional patents, in addition to 24 patents already descried in the existing US and International Trade Commission filings. To date, Nokia has opened file claims on four patents in the UK High Court, seven patents in district court in Dusseldorf, five in Mannheim and two in the Hague. This latest suit from Apple challenges a filing made by Nokia against Apple in Dusseldorf in September of 2010. Nokia spokesman Mark Durrant sounded confident in an email sent to Bloomberg. "Nokia is confident that all of the 37 patents it has asserted against Apple" [are valid], he said. "We are examining the filing and will take whatever actions are needed to protect our rights." Meanwhile, Apple declined to comment. We suspect this won't be over for a long time.
Apple goes after @CEOSteveJobs Twitter account
Apple is requesting that changes be made to the @CEOSteveJobs Twitter account, citing requirements of a recently-passed California bill that criminalizes certain online impersonations. The state's SB 1411 identifies criminal and civil penalties for certain online impersonations that demonstrate an intent to harm, intimidate, threaten, or defraud another person (not necessarily the person being impersonated, either). In addition, a tipster told TechCrunch that Twitter has received a "valid report" that the account is in violation of its Impersonation Policy. You'll remember that back in June, the UK's Daily Mail quoted a tweet from the account as actually originating from Steve Jobs. The account's owner has added the word "parody" to the account's bio, and is considering adding a work like "fake" to the handle, though he complains that "all the good ones are taken." Meanwhile, there's still no word from the Empire on the validity of @DarthVader.
Patent battle continues between Nokia and Apple with 13 more disputed patents
The fun doesn't stop in the ongoing Nokia/Apple patent dispute; the Finnish cell phone manufacturer has now filed claims in three European countries alleging Apple infringement on 13 additional patents, beyond the 24 patents already covered in the existing US and International Trade Commission filings. Nokia has chosen to file claims on four patents in the UK High Court, seven patents in district court in Dusseldorf, five in Mannheim and two in the Hague. I'm not a patent lawyer (to say nothing of an international intellectual property expert), so I can't say why there's a split between the two German courts, but the company also filed separate claims in the US's Federal courts in two states (Wisconsin and Delaware). These patents cover technologies that Nokia claims are used in the iPhone, iPad and iPod touch, among other products. They include on-device app stores, touch user interface elements, caller ID and more. Apple, of course, isn't standing idle on the patent litigation front. Over the past year, the company has retained top legal talent to help defend against Nokia, Motorola and other patent challengers while pressing Apple's own counterclaims of patent infringement. [via Engadget]
Paul Allen's lawsuit against Apple dismissed
The suit filed against Apple (and others) by Microsoft co-founder Paul Allen was dismissed as being too vague on Friday. According to the Wall Street Journal, U.S. District Judge Marsha Pechman has given Allen's company, Interval Licensing LLC (the plaintiff in the case), until December 28 to file an amended complaint. "The allegations in the complaint are spartan," wrote Judge Pechman. Allen called the judge's order a "procedural issue" through a spokesperson. Allen's suit, filed in August of 2010, identifies four specific patents. Each appears to be a huge part of how contemporary e-commerce and internet search tools work. For example, one addresses how websites suggest products based upon customers' recent searches. Another lets those reading a news story quickly find related stores, while the two others let ads and news items, among other things, flash on a computer screen adjacent to what the user is directly looking at. No specific dollar amount was identified. Allen's suit names Apple, Ebay, Facebook, Netflix and Aol among others (Note: TUAW is owned by Aol). Apple joined Facebook, Yahoo! and others in formal opposition to the suit in October. [Via AppleInsider]
