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Nintendo takes legal action against US Switch hack sellers
Nintendo has filed new lawsuits against Switch hackers in the US.
UC Santa Barbara sues Amazon and IKEA over LED lighting
UC Santa Barbara has had enough of retailers selling its patented LED light bulb technology without authorization. This week, the university filed a lawsuit charging Amazon, IKEA, Walmart, Target and Bed Bath & Beyond with infringing its patents. According to Nixon Peabody, the law firm representing UC Santa Barbara, this is the "first-of-its-kind direct patent enforcement campaign against an entire industry."
Apple hit with $145 million fine for WiLan patent infringement
Apple has been hit with yet another patent infringement fine. Canadian patent licensing company WiLan took the tech giant to task over two patents relating to wireless communication within the iPhone. WiLan – which isn't shy about suing the wireless industry over alleged patent violations – has been awarded $145.1 million in damages by a federal jury in California. Apple, naturally, says it plans to appeal the decision. This isn't the first time the two companies have locked horns – in 2013 a jury ruled in favour of Apple in a separate litigation where WiLan sought $248 million in damages.
Twitter faces trademark infringement lawsuit from podcast network
TWiT, aka This Week in Tech, is suing Twitter. The well-known tech netcast says Twitter has broken a number of written and oral agreements and is infringing on its trademark. The two companies started up around the same time in the mid-2000s, with Twitter co-founder Evan Williams telling TWiT's Leo Laporte that Twitter was simply a "text-based microblogging service". The two informally agreed that, despite the similarities in their names, their platforms were fundamentally different and were happy to co-exist on the condition, the lawsuit alleges, of "each company continuing its own unique distribution platform." As far as TWiT is concerned, that's no longer the case.
Apple ordered to pay university a tiny $506 million patent fine
Apple is no stranger to patent lawsuits, but the tech giant has been dragged through the mud again after a judge added a hefty additional fine to a case originally heard in 2015. The company has been ordered to pay the Wisconsin Alumni Research Foundation (WARF) $506 million for infringing on a patent involving processors found in some versions of the iPhone. The patent was obtained by WARF in 1998.
Spotify hit with two new lawsuits over unlicensed songs
Spotify's streaming business is legally tricky, and just ahead of an IPO that could value it at $13 billion, it's facing two more vexing lawsuits, according to THR. In one, Bob Gaudio of Frankie Valli and the Four Seasons alleges that '60s hits like "Can't Take My Eyes off of You" are being streamed without proper licensing. The other suit comes from Bluewater Music Services Corporation, which manages the streaming rights of songs like "White Liar" from Miranda Lambert and the Guns 'N Roses' track "Yesterdays." All told, over 2,500 songs are in dispute.
Facebook is building a tool to hunt copyright infringing videos
YouTube isn't the only site record labels are taking issue with when it comes to copyright infringement. Financial Times reports that music publishers want Facebook to license music that gets posted on its site and take down any user-submitted videos that contain copyrighted content. The first step is said to be handling all the copyrighted material that's posted to the site's News Feed in the form of cover songs and other footage. As part of the effort, Facebook is said to be working on a copyright identification system, similar to YouTube's Content ID, to help police what's published.
Chinese firm claims Apple copied its design for iPhone 6 (update)
It's tough for foreign companies to do business in China, so much that even Apple is having a hard time. After the iTunes Movies and iBooks Store ban back in April, the previous generation of iPhones have recently been accused of infringing the design patent of some random Chinese company's "100C" smartphone under the "100+" brand. Don't laugh, because the Beijing Intellectual Property Office has since ordered Apple to stop selling its iPhone 6 and iPhone 6 Plus in Beijing, with the reason being the general consumers won't be able to tell the "minute differences" between Apple's design and the 100C. No, really.
Apple wants $179 million more from Samsung after patent fight
Apple and Samsung — or more precisely, their teams of incredibly well-paid lawyers — can't get enough of each other. This time, Apple claimed Samsung owes it an additional $179 million in supplemental damages (and interest!) because five of the Korean company's ancient Android phones violated a handful of Apple's design patents. US District Court Judge Lucy Koh officially granted the motion late yesterday.
YouTube foots the bill for video makers to fight copyright takedowns
YouTube is no stranger to cases of copyright infringement, and it's lending a hand to video creators who are involved in the disputes. The video-hosting site says that it will cover the legal fees for a few content creators that are fighting the demands of copyright holders with fair use claims. It's only offering support in four cases right now, but the company doesn't rule out expanding that number in the future. By offering assistance, YouTube hopes to not only educate the masses on fair use, but also foster loyalty among users who house their content on the site. "We want, when we can, to have our users' backs," said YouTube's legal director for copyright Fred von Lohmann. "We believe even the small number of videos we are able to protect will make a positive impact on the entire YouTube ecosystem." The new policy also helps combat the takedowns of legally posted content, keeping videos that should be available to the masses online. [Image credit: AP]
Gearbox suing 3D Realms, Interceptor for 'unauthorized' Duke Nukem use
Gearbox Software filed a lawsuit against 3D Realms (3DR) and Interceptor Entertainment, accusing the studios of unauthorized use of the Duke Nukem property and alleging violation of trademarks held by Gearbox. The lawsuit points to 3D Realms' recent reveal of Duke Nukem: Mass Destruction, which features a teaser site with a timer counting down to February 25. "Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened," the complaint reads. "The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor." Among the documents filed in the suit is a breach statement issued by Gearbox stating that 3D Realms infringed on Gearbox's intellectual property in addition to a statement signed by 3D Realms CEO Scott Miller and Duke Nukem co-creator George Broussard that acknowledged the infringement. In a statement filed to Joystiq, Gearbox Software said, "As the filing shows, 3DR's wrongdoing is both admitted and unfortunate for everyone who cares about Duke Nukem." 3D Realms filed a lawsuit against Gearbox in June 2013 for alleged unpaid royalties for Duke Nukem Forever, and later issued a public apology and withdrawal of the lawsuit in September 2013. Gearbox took over the development of the game in September 2010 in addition to acquiring the rights to the brand from 3D Realms. [Image: Gearbox Software]
EU Court of Justice: hyperlinks to copyrighted content are legal, if both sites let users see it for free
It's common practice for those of us who make our living on the internet to link out to other websites in the stories we publish -- in fact, we here at Engadget consider it a necessary part of good reporting. In the EU, however, there's been some doubt as to whether such behavior constitutes copyright infringement. Thankfully, today the EU Court of Justice held that, as long as the source itself is freely accessible to the public, such hyperlinks don't run afoul of copyright law. The salient bit of EU law states that authors hold "the exclusive right to authorise or prohibit any communication to the public of their works." In the case at hand, some Swedish journalists took umbrage with the fact that other websites that were publishing links to their work without permission, and thought those other sites should pay up for the privilege of doing so.
Funcom office raided, charged with suspicion of stock infringement
Several reports are coming in this morning of some legal trouble plaguing The Secret World and Age of Conan developer Funcom. According to several Norwegian news outlets, Norway's economic crime unit paid a visit to the Oslo studio to retrieve "packed boxes of seized documents" thought to be financial records involved in a suspected "infringement of the provisions of the Securities Trading Act." Funcom acknowledged to Norwegian reporters that it was charged with breaching disclosure requirements related to The Secret World when the company failed to report company financial information between August 2011 and July 2012. This has resulted in a temporary closure of Funcom's stock during the investigation. We've reached out to Funcom for more details. [Thanks to everyone who sent this in.]
Candy Crush dev King pulls Pac-Avoid following copycat accusation
King has pulled Pac-Avoid, the game indie developer Stolen Goose recently accused the Candy Crush Saga developer of cloning. Stolen Goose alleged that Epic Shadow-developed Pac-Avoid was a direct clone of its own 2009 game, Scamperghost, which the developer pitched to King before backing out of the deal to bring the game to rival online game portal Max Games. "The details of the situation are complex, but the bottom line is that we should never have published Pac-Avoid," King CEO and Co-Founder Riccardo Zacconi wrote on the company's website. "We have taken the game down from our site, and we apologise for having published it in the first place." Zacconi added that this "unfortunate situation is an exception to the rule," stressing that the developer "does not clone games, and we do not want anyone cloning our games." He noted that King performs "a thorough search" of existing games and reviews trademark filings to avoid infringement. Former Epic Shadow developer Matt Porter responded to King's retraction of the game, calling King's claimed thorough search of games in the marketplace "an obvious lie." "Our only additional term to the deal, was that the Epic Shadow branding not be placed in the game, as we found the entire project to be sketchy and we wanted nothing to do with it post-release," Porter wrote. This is the latest in King's controversial saga, in which it trademarked the word "candy" in order to deny mobile clones of Candy Crush Saga. King also set its sights on The Banner Saga developer Stoic Studio, opposing its application for "Banner Saga." Zacconi said King will not enforce the use of its trademarked word "saga" on Stoic Studios, but opposed the application to "preserve our own ability to protect our own games."
Nikon goes after Polaroid, says the iM1836 is a dead-ringer for the J1
If you glanced at the Polaroid iM1836 and thought "You know, that looks a bit like Nikon's J1," you're not alone. Nikon, you see, is suing Polaroid's owner Sakar, claiming that the Android-running ILC infringes upon Nikon's trade dress and design language for its own range of mirrorless shooters. After failing to reach an agreement behind-the-scenes, Nikon is now seeking an injunction that'll prevent Sakar producing or selling any more -- so, is anyone up for a game of spot the difference?
ITC bans imports of some Samsung devices pending presidential review (update: Samsung statement)
Despite that billion dollar verdict, the legal battle between Samsung and Apple continues, and the most recent happening comes from the ITC. Following up on an ITC administrative law judge's ruling late last year finding that Samsung had infringed a few of Apple's patented designs and tech, the Commission made its final determination today and issued a limited exclusion order for some Samsung devices. In its decision, the Commission found no violations of any of Apple's design patents, and only found that Samsung infringed a pair of patents -- patent number 7,479,949 for touchscreen technology, and patent number 7,912,501 for audio jack I/O circuitry. In doing so, the Commission stated that devices with workarounds to the asserted patents that were found not to infringe by the ALJ are not subject to the exclusion order. As a result, offending Samsung devices are scheduled to be banned from importation after a 60-day presidential review period. During those two months, the devices can still be sold, but unless Obama steps up for Samsung in the same way he did for Apple in a separate ITC case, we won't be seeing them stateside again. While we don't have an exact list of the affected devices, we do know that the devices at issue are older models like the Continuum, the Transform and the Galaxy S II. So, consumers won't feel much of an impact from the ban, but we bet Apple's legal team will have a much more enjoyable weekend as a result of this latest win. Update: Samsung has issued a statement on the matter, which can be found after the break.
Patent troll strikes small indie MMO devs
Late last year, Treehouse Avatar Technologies filed a still-pending lawsuit against Turbine for copyright infringement claims surrounding the use of "character-enabled" and "character-attribute data linked with one or more character data." Well, they're back and claiming patent infringement on three more studios. This time, though, the studios are all small indie developers including Starpires developer Bad Pug Games, Minions of Mirth developer Prairie Games, Aces High developer HiTech Creations, and A Tale in the Desert developer eGenesis. The patent infringement claim centers on U.S Patent 8,180,858: "Methods for Presenting Data Over a Network Based Network User Choices and Collecting Real-time Data Related to Said Choices," which is the same patent infringement claimed against Turbine. Each letter looks to have been sent out on or around July 1st of this year. No word yet on any legal developments beyond these letters. [Thanks for the tip, Avaloner81!]
BSkyB wins trademark case against Microsoft over SkyDrive name
While many can tell the difference between Sky TV services and Microsoft's SkyDrive cloud storage, that's not necessarily true for everyone. A British court certainly thinks there's room for confusion: it has ruled that SkyDrive infringes BSkyB's trademarks on the Sky name in both the UK and the European Union. The presiding judge didn't believe that Microsoft's use of the "sky" prefix was absolutely necessary, and she showed evidence that at least some of the general public didn't understand which company made what. Microsoft says it plans to appeal the verdict, although there's no guarantee that it will have to relabel SkyDrive if the appeal falls through. Some past trademark lawsuits have led to fines instead of name changes, and we suspect Microsoft would rather pay out than lose brand recognition across a whole continent.
Samsung wins ITC ban of AT&T compatible iPhones and iPads due to patent infringement
Samsung got a big win in the International Trade Commission today, as the ITC handed down a final ruling finding that several models of AT&T-compatible iPhones and iPads infringe a Samsung patent, and issued an exclusion order preventing them from being imported, sold or distributed in the US. This final ruling comes months after an ALJ determined that Apple did not infringe any of Samsung's IP, but clearly, the commission felt differently upon its review. This final determination holds that AT&T models of the iPhone 4, 3GS and 3G, plus AT&T iPad 3G and iPad 2 3G models infringe four claims of Samsung's patent number 7,706,348 for encoding mobile communications. The ITC reversed the ALJ's ruling in part based upon modified construction of several key terms in the claims at issue, but upheld the prior decision regarding the other three patents Samsung asserted in the action. So, what does this mean for Apple? Not a tremendous amount, truthfully, as the newly banned devices are no longer Cupertino's standard bearers and account for little of the company's massive profits. Plus, Apple will, no doubt appeal the decision in court. Still, Samsung's bound to feel pretty good about the victory, and every little bit helps in its quest to remain atop the smartphone heap, right?
Microsoft finally wins ITC battle with Motorola over wireless P2P patent (update)
In with a bang, out with a whimper. After making us fear for the Xbox 360's (shelf) life by delivering an adverse ruling in Motorola's ITC patent infringement case against Microsoft last year, the presiding Administrative Law Judge reversed his stance a couple months ago after prodding by the full Commission. While the finding of non-infringement was good news for Microsoft, the decision still needed to be OK'd by the Commission before the investigation could be officially closed. We thought we weren't going to get a final ruling until later in the summer, but the ITC apparently agreed with the ALJ's initial ruling ahead of schedule, and has decided not to review the decision today. As a result, the investigation is now closed, and this particular battle in the patent wars is finally over. Update: Naturally Microsoft Corporate VP and deputy General Counsel David Howard is excited to see this case be closed, and issued the following statement: This is a win for Xbox customers and confirms our view that Google had no grounds to block our products.
