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Vizio sues Funai for patent infringement, seeks to stop TV imports
In the latest episode of this ongoing saga Vizio (now feeling its oats enough to claim the "Number One Shipper of Flat Panel HDTVs in the USA" title) is again suing Funai for patent infringement and seeking an injunction barring Funai from importing and selling its HDTVs. Just in case that wasn't etherous enough, Vizio cofounder Laynie Newsome chimed in with a line to make Funai's soul burn slow, pointing out that unlike some companies, Vizio's patent portfolio has not been rejected by the USPTO. We don't know how realistic it is that shipments of Funai's Sylvania, Philips, Magnavox and other branded products could be stalled by the action -- note Funai's so far ineffective action on Vizio's products -- but hopefully this latest strike brings things closer to a resolution and more cheap televisions for all.
World of Warcraft and Second Life are next, says Worlds.com CEO
As you are probably already well aware, virtual environment business Worlds.com is currently engaging in a legal action against MMOG developer/operator NCsoft for patent infringment, based on a patent that more or less covers almost every client-server based multiplayer game and virtual environment out there. It doesn't end there, however. Worlds.com CEO Thom Kidrin has told Eric Krangel at Business Insider that if the suit against NCsoft succeeds, industry leaders World of Warcraft and Second Life are next. The company's legal representatives in this action, General Patent Corporation also yesterday announced that Worlds.com has been granted a third patent that extends the reach of their existing two.
NCsoft prepares the defense against Worlds.com
As we announced and analyzed earlier in the week, NCsoft is being sued by Worlds.com for patent infringement on recently granted patent 7,181,690 -- the system and method for enabling users to interact in a virtual space.An NCsoft representative recently spoke with the Korea Times, saying that the offices in Korea have not begun analyzing the patent, nor have they received the court papers yet. However, the company does look to be preparing a defense, according to Virtual Worlds News."We can't comment on potential litigation except to say that NCsoft takes all legal action seriously -- even if the company believes a lawsuit has no merit," an NCsoft representative told Virtual Worlds News. "We intend to defend ourselves vigorously"For the full story, head on over to Virtual Worlds News and check out their write up.
Apple piles on Psystar, wins trademark suit
In yet another new facet to this already-draining legal battle surrounding Psystar's sales of non-Apple hardware that runs Mac OS X, Apple has amended its original suit after it discovered "additional information," according to Computerworld. Apple now claims Psystar circumvented Apple's copyright protection code, in violation of the Digital Millennium Copyright Act. Apple said in its original filing that Psystar was in violation of the Mac OS X End-User License Agreement, but tacked on this additional charge last week. The amendment also names 10 "John Does" -- persons who were not part of the Psystar company, but broke the copyright protection scheme. Apple doesn't know who they are yet, but plans to name names when its lawyers find out who they are. In other Apple legal news, Apple won a trademark infringement case in China against New Apple Concept Digital Technology Co., Ltd., based in Shenzen. Judges decided that the Chinese company had a logo too similar to Apple's. New Ap -- aw, eff it -- NACDTCL was ordered to pay 400,000 yuan (≈ US$58,000) to Apple, Inc. [Via Cult of Mac.]
Samsung settles up with InterDigital in long-running patent infringement case
At last, it's over. InterDigital, which is best known for its episodes in the courtroom with Samsung and Nokia, has finally reached an agreement with the former firm. The two have been at each other's throats since April of last year regarding patents allegedly used in some of Sammy's more sophisticated phones. The decision was reached just a day before the US International Trade Commission was set to rule on whether to recommend barring affected Samsung imports altogether, which we can assure you was not at all coincidental. There's been no public disclosure of settlement value, though one analyst at Hilliard Lyons estimates that Samsung will be coughing up $400 to $500 million over the next five years to make this problem go away. Talk about a recurring nightmare.
Law of the Game on Joystiq: Trademark infringement? Not like-wii
Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games: GamePolitics recently posted a piece on Forbis, the makers of the weemote, and an issue that is all too familiar in Trademark law: trademark infringement. To summarize the GamePolitics piece, Forbis Technologies trademarked "weemote" in the year 2000 for a children's television remote. According to a Time piece on the weemote, sales have fallen considerably since the Nintendo Wii was released. The blog-o-sphere coined the term "Wiimote" soon after the Wii hardware was announced, and the term has stuck ever since. Nintendo, however, does not have a trademark on the term "wiimote," only on "wii."Forbis is hoping to enter into a business arrangement by which it can re-brand its product and Nintendo can take control of "wiimote" and "weemote" (pronounced the same) because, as they put it, "the damage has been done here (whether intentional or not)." In fact, in cases of possible infringement between a significantly larger player and a smaller one such as this, a settlement of this nature would not be unusual. Even if Nintendo believes it would be successful in an infringement suit with Forbis, this may be the far cheaper option to resolve the issue. After all, the weemote brand had minimal value before the introduction of the Wiimote based on the company's self-described weak sales. Nintendo has thus far declined to purchase "weemote." But stopping at an out-of-court settlement wouldn't do much to illuminate the legal points that exist here, so let's take a look at this as if it were going to go to trial.
Apple demands Psystar recall Mac clones
We noted yesterday that the Mac clone maker, Psystar, was sued by Apple for copyright infringement, among other things. According to a recent ZDNet post, Apple wants Psystar to recall all of the Mac clones sold since April. "Psystar's actions have been committed with intent to damage Apple and to confuse and deceive the public," Apple claims. "As a direct and proximate result of Psystar's infringing conduct, Apple has suffered and will continue to suffer lost sales and profits in an amount not yet fully ascertained in an amount to be proven at trial," Apple notes. I really don't see how Psystar will be able to recover all of the Mac clones sold since April. But, if you bought one, would you send it back? I certainly wouldn't. Engadget, our sister blog, is also looking deeply into this high-profile lawsuit. They take a look at what each allegation means for both Apple and Psystar.
Nintendo ordered to pay $21 million for patent infringement
Nintendo has been ordered to pay $21 million to Anascape Ltd. for infringing on a patent with its Gamecube and Wii Classic controllers. The AP reports Anascape Ltd., a "small East Texas gaming company," also sued Microsoft, but that was settled out of court. Nintendo says it will appeal the decision.A representative for Nintendo stated that no infringement was found in any of the Wii's motion-sensing technology and it expects that on appeal the award to Anascape will be reduced "significantly." Remember kids, if you want to stick it to some big corporation in the future and cash in, just make patents for everything imaginable.
Interest group speaks up against Blizzard on Glider case
Blizzard's lawsuit against the Glider folks (who were trying to sell a bot that was used to play the game while /afk), has a new wrinkle in it. According to PC Gamer, an interest group called Public Knowledge (they're funded by a variety of creative arts foundations) has filed a brief in the case accusing Blizzard of overstepping their rights under copyright law. In the brief, and an accompanying blog post, they say that while what Glider is doing in-game may be wrong, it isn't actually copyright infringement, because the Glider software doesn't actually infringe on any copyrights that Blizzard holds. And they're worried that if Blizzard wins this case, it could set a precedent strongly in favor of copyright holders, to the point where any misuse of the software at all, from using bots to using the wrong name, would be interpreted instead as copyright infringement.They kind of have a point here -- Blizzard just used all the tools they had in this case to try and send a clear message to anyone out there trying to sell automation software that what they were doing would get them in trouble, and they may have thrown copyright infringement on the menu when it didn't really belong. For Blizzard's part, they claim that making a copy in RAM of the game's information constitutes copyright infringement, but again, that's only because Glider is misusing those RAM files -- every user everywhere needs to copy parts of the game into RAM in order to run it.At any rate, Public Knowledge has filed their brief and had their voices heard. It's up to the judges in this case to decide what comes out of it.
Garmin's Nuvifone comes under fire for trademark violations
Garmin probably thought getting into the mobile phone game would just be smooth sailing, but it looks like they've made a deadly miscalculation. Okay, that might be over-dramatizing the situation, but the PND-maker is facing a new lawsuit over its upcoming 3G wonder-device, the Nuvifone. Apparently, internet telephone provider Nuvio Corp. feels that Garmin has crossed trademark boundaries just a smidge, alleging the nav company is stepping all over its good name. "Our customers commonly refer to our service as the Nuvio phone," said Jason P. Talley, the company's CEO. Not only is the provider calling for a cease-and-desist on the use of "Nuvifone," but it also wants kickbacks for past infringement, and termination of the word "Nuvi" on any device made by Garmin. Garmin spokesman Ted Gartner says the company has been using the Nuvi name since early 2006 in North America, and earlier in Europe. He went on to add that they don't discuss pending litigation -- though we understand to friends and family he was like, "Pfft, whatever."
Broadcom wins major injunction against Qualcomm
In the latest major twist in this epic battle between wireless chipmakers, a US District Judge has slapped a permanent injunction on any products containing those Qualcomm 3G chips ruled to be infringing on Broadcom's so-called '686 patents. Not only can Qualcomm no longer offer infringing devices nor the chips themselves in the US, the retroactive nature of the ruling means that the company can't even provide service or technical support for '686 products already on the market. At this point, with a voluntary licensing agreement seemingly off the table, the next move for Qualcomm is establishing a plan of action to show Judge James Selna how it plans to redesign its products into compliance. [Warning: PDF link][Via Reuters]
Immersion CEO on next-gen rumble and possible Nintendo IP infringement
Immersion CEO Vic Viegas says in an interview with GameDaily that he doesn't understand why Sony decided to put the DualShock 2's rumble technology into the DualShock 3, considering he believes the new next-gen rumble technology is cheaper. Viegas says, "The old technology utilizes two motors to create the complex set of sensations, whereas Immersion's new TouchSense technology utilizes a single motor, but we drive the motor in unique ways so that you can get stronger yet crisper effects." He says the one motor uses less power, "the cost to implement is less expensive than the old tech" and he says they won't charge Sony extra.Viegas also talked a little about handhelds and implementing rumble into the DS or PSP. Currently Nintendo does not license its vibration tech from Immersion and may be working on their own ways of bringing rumble to the DS. As to whether Immersion might sue Nintendo one day like they did Sony, Viegas says, "We have not yet formally taken a position on whether it's infringing or not infringing any of our IP." Then again, if Nintendo can afford $18 million in Wiimote jackets, licensing some next-gen rumble might be an afterthought for them.
Chinese electronics company sues Blizzard over fonts
An electronics company in Beijing has sued Blizzard, claiming that they allegedly used five copyrighted fonts in World of Warcraft. Founder Electronics wants 100 million yuan for the alleged infringement, which is apparently the largest amount ever asked for by a Chinese company in a copyright case (Founder claims the loss cost them 1 billion yuan). The case is sitting in front of the Beijing High People's Court, and the9, which is the Chinese company that runs WoW there, is considering their options.I'm assuming that means the9's Chinese version of WoW, which would mean the fonts themselves are for Chinese characters, so there's probably no fonts that English-speaking users would recognize ingame. However, Founder is apparently known for creating some of the most popular fonts in China, so the odds that someone at the9 used one of them (or at the very least one that looked like one of them) are probably pretty good (the picture on this post is from a Founder event, not a Blizzard event, so the obvious use of the Founder font there doesn't count). Of course it's up to the High Court to decide whether the infringement actually took place or not-- no word on how long the judgment will take.
Sharp slaps Samsung with LCD patent infringement lawsuit
As if the cutthroat price wars in the LCD space weren't demanding enough, Samsung is now being forced to attend to a lawsuit that Sharp just filed over LCD patent infringement. Reportedly, Sharp is seeking "compensation as well as the prohibition of sales of products that it alleges infringe five of its LCD patents, including one that relates to technology used to enhance display quality." The products in question include Samsung televisions and monitors as well as mobile handsets that feature Samsung's LCD modules. Unsurprisingly, Samsung refused to comment on pending litigation, but a Sharp spokeswoman went so far as to say that it had "been in talks with Samsung, but it appeared difficult to solve the matter through negotiations," which apparently led to a lawsuit being filed. So much for talking things out, eh?
Kodak sues Matsushita over patent infringement
Kodak, a name pretty much synonymous with the word "camera" in the past, and "crap" more recently, sued Japanese manufacturer Masushita (primary owner of Panasonic, amongst others), alleging the company infringed upon its digital camera patents. In documents filed in Texas, Kodak claims that the company violated patents for an "electronic camera utilizing image compression and digital storage," and "an apparatus and method for previewing motion images using a series of lower resolution still images." According to a Kodak spokesman, the company has tried to resolved the dispute "for a number of years," but the results haven't been up to snuff for the photography giant. Interestingly, Kodak has all but announced that it plans to bolster its earnings by milking kickbacks from the licensing of its intellectual property during its lengthy transition from a traditional photography company to a digital one. If the past is any indication, Matsushita can just crack the wallet right now.
RIAA demanding XM-Sirius pay higher royalty rates
In the unceasing feud between the RIAA and satellite radio, the agency has rekindled the fire by encouraging the FCC to "require the merged companies to pay higher royalty rates to the record industry." Reportedly, the RIAA argued that the firms were "no longer new, struggling companies that could get away with paying below-market rates," and further salted the wound by insisting that the FCC "make clear that its approval of a merger was conditioned upon the continued protection of sound recordings from unlawful infringement." Of course, a number of senators have already voiced their concern for more limitations on satellite radio streams, but unsurprisingly, it seems like the RIAA wants these lofty wishes to become reality (and in a hurry).
IP Innovation sues Apple over violating obscure GUI patent
Apparently, just about every graphical user interface that Apple churns out was patented and put on lock down years decades ago, as now a patent holding firm (IP Innovation) has filed a much-delayed lawsuit against the Cupertino-based outfit over its use of an OS interface. The patent in question dates back to 1984 via references in a 1991 filing by Xerox, which actually linked to GUI concepts drafted in the 1970s on the company's Alto workstations. Amazingly, the folks involved have just got around to slapping a lawsuit on Apple for selling OS X with "workspaces provided by an object-based user interface that appear to share windows and other display objects." The incredibly vague wording could realistically be used to target nearly every major OS that we've seen, and considering that Apple and Xerox already went a round in the legal ring back in 1989 over similar issues, this one certainly seems to lack substance. As expected, the $20 million claim was filed in the patent troll haven that is Marshall, Texas, and while we haven't heard word from an Apple spokesperson regarding the matter, we'd say there's a more pressing matter on the table for Jobs & Co. right now anyway.
Hitachi sues LG over plasma patent infringement, tries to halt US sales
Just when Hitachi had us all believing that it was planning on reaching new heights in the plasma market thanks to a ginormous PDP set and a thirsty overseas crowd, now we're seeing the fallback plan. Of course, we can't really suggest that Hitachi's latest lawsuit on LG's (surprise, surprise) plasma displays have anything to do with the firm's dreary numbers, but it has nevertheless filed a lawsuit in the ill famed "district court in Texas" (read: patent troll heaven) saying that "the South Korean company infringed its plasma display-related patents." The suit seeks the obligatory "monetary compensation for damages," but more interesting is the tidbit that requests a "permanent injunction prohibiting LG's plasma display panel product sales in the United States." According to a Hitachi spokesperson, the two outfits had "been in talks regarding the appropriate licenses for these seven patents," but apparently, neither side is backing down anytime soon.
"Marco" pasta is a good match for mushroom sauce, litigation
NeoGAFfer Chittagong found this bag of pasta in a Citymarket in Finland. The package is sending a very clear message, and that message is "It's-a not quite me, Maaaario!" Apparently when Mario and Luigi took off on their Mushroom Kingdom adventure, Mario's less-famous identical brother Marco stuck around and devoted his time to making delicious dried pastas. Either that or some unscrupulous company has shamelessly ripped off Mario's likeness. We'll leave it up to you to determine which is more likely-- that this is the work of an unknown relative of a fictional character or of real-world jerks. Hey, maybe Marco will show up in Good Smash Friends Battle for the Nintenco Wuu!
German police raiding CeBIT, wiping out infringing kiosks
Talk about a royal buzzkill. It seems like several demonstrators at CeBIT are having their parties cut way short by German officials, as local customs and police offers have "confiscated products from the stand of at least one exhibitor on suspicion the devices infringed on MPEG audio patents." Currently, the authorities wouldn't divulge exactly which companies are getting nailed for patent infringement, but they did insinuate that most of the products in question made issue with "a portfolio of patents" that primarily focused on "MP3 players, MPEG2-compliant set-top-boxes, DVB satellite receivers, PDAs, and computer sound boards." It was stated that Mele Digital Technology was "targeted" and could be facing the stiff arm of the law, and while we certainly feel for those affected by bogus patent filings, this certainly isn't the first time a company has been embarrassingly interrupted while plugging its product line at a major trade show. Note to vendors: it's probably not in your best interest to bring along products that contravene with an outstanding patent, capiche?
