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Apple injunction against Samsung could give company big problems
Apple won a significant legal victory over Samsung when US District Court Judge Lucy Koh granted the Cupertino company an injunction that would ban the sale of the Galaxy Nexus in the US. Besides the Galaxy Nexus and the Galaxy Tab 10.1, Apple may seek an injunction against the upcoming Galaxy S III, a move that would be problematic for Samsung, according to a report by AppleInsider. The Galaxy S III is slated to launch on five US carriers this summer. The handset is already available on T-Mobile and Sprint and will soon launch on AT&T, Verizon Wireless and US Cellular. Samsung expects to sell over ten million units worldwide in July alone and a US ban could throw a monkey wrench into that plan. An injunction against the S III would leave Samsung with "big problems on its hands," said analyst Brian White of Topeka Capital Markets in a Monday note to investors. To reverse the Nexus ban and discourage future injunctions against the S III, Samsung is countering Apple by appealing the Galaxy Nexus ban.
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.
Apple denied Galaxy S III injunction in the US
US District Judge Lucy Koh denied Apple's request for an injunction that would ban the sales of the new Samsung Galaxy S III, according to a report by Reuters. Koh said Apple's request to block the June 21 launch of the Android handset would "overload her calendar." Instead of pausing to consider the injunction, Koh would rather focus on the larger trial between Samsung and Apple, which is slated to pick up again in July.
FTC urges ITC not to ban iPhone, iPad and Xbox
The Federal Trade Commission took on the growing problem of injunctions in a letter addressed to the US International Trade Commission, according to a report by CNET. The letter was meant to dissuade the federal agency from approving import bans in patent and trademark infringement cases that involve industry standards like 3G. The FTC warns such injunctions against products like the iPhone, iPad and Xbox could harm consumers and stifle innovation. The FTC writes, "Hold-up and the threat of hold-up can deter innovation by increasing costs and uncertainty for other industry participants, including those engaged in inventive activity. It can also distort investment and harm consumers by breaking the connection between the value of an invention and its reward -- a connection that is the cornerstone of the patent system." The ITC has been the focus of several high-profile patent infringement cases, including the recent battle between Apple and HTC, which led to the ban of select HTC Android phones. Last month, the HTC One X and the EVO 4G LTE were held temporarily at the border by US Customs, which inspected the phones for patent infringement. A bigger issue brought up in this letter is the use of standards-related patents in litigation. Companies that own patents on standards, like those that govern 3G and 4G wireless communications, are supposed to be license these patents to other companies on fair and reasonable terms (FRAND). Now that competition is heating up, patent owners are reluctant to license their intellectual property and are using them to sue their rivals instead. You can read an excellent analysis of this issue by Florian Mueller of FOSS Patents. He describes in detail how Samsung and Motorola are abusing the principles of FRAND licensing in their litigation with Apple.
Apple files third complaint against HTC
Apple filed a third complaint against HTC with the International Trade Commission, according to a report by Florian Mueller of FOSS Patents. The latest complaint is based on a December 2011 ruling that says HTC infringed on two Apple patents. These "data tapping" patents let users tap on a number or URL on their phone and open up a menu with actions like "Call" and "Open in Browser." These violations focus on the method of implementing this feature, not the feature itself. HTC said it updated its products with a work-around that is no longer infringing, but this new complaint disputes that claim. In its filing, Apple argues that HTC's latest handsets still violate these "data tapping" patents. It lists 29 phones including the flagship HTC One X, Sprint's HTC EVO 4G LTE and the upcoming HTC Droid Incredible 4G LTE for Verizon. The ITC will now look closely at HTC's current crop of Android phones and could order an injunction that would ban the import of these phones. Last month, select HTC phones were held at the border by US Customs per an earlier ITC injunction. The handsets were later released after HTC assured the government agency that these products were not infringing.
Apple must wait for sales injunction against Galaxy Tab 10.1
Apple pushed for an injunction that would ban the sale of the Samsung Galaxy Tab 10.1 in the US, but Judge Lucy Koh of the United States District for the Northern District of California denied this motion. According to a report by FOSS Patents, Koh told Apple it had to wait until the United States Court of Appeals for the Federal Circuit (CAFC) issues its mandate on the case. Once the CAFC responds, Apple can ask again for an injunction. This delay will help Samsung, which faces Apple in another court session scheduled for Thursday June 7. Rather than the Galaxy Tab injunction, the session will focus on the injunction Apple filed against the Galaxy Nexus.
Samsung accuses Apple of withholding evidence
Earlier this week, CEOs from Apple and Samsung met for court-ordered mediation talks that turned out to be fruitless. Now, the two companies are back to their legal hijinks with Samsung claiming Apple is withholding evidence, according to a report in FOSS Patents. Samsung is asking the United States District Court for the Northern District of California to penalize Apple for not complying with an April 12, 2012 order that required Apple to provide Samsung with documents from related proceedings. Apple tried to comply, but some of the documents were from ITC investigations and the ITC wouldn't let Apple share them with Samsung. Florian Mueller of FOSS Patents believes Samsung is using this document request to delay the trial. It will take time for the district court and the ITC decide which documents can and cannot be shared with the Korean company. Apple is asking for clarification from the court on this point and is waiting for a response.
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."
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 vs. Motorola, HTC cases consolidated
According to Florian Mueller of FOSS Patents, Apple is now battling one less lawsuit in the Southern District of Florida. Apple was fighting two separate lawsuits in the courts, one filed by Motorola Mobility and another by HTC. Judge Robert Scola decided to merge the two lawsuits because "the parties have shown a complete inability to agree upon anything and it is frustrating the progress of these cases." Apple reportedly pushed for this consolidation, while HTC and Motorola opposed it.
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.
Nokia loses UK appeal against IPCom's pointless patent posturing
Nokia has had its appeal dismissed in the UK High Court in its Europe-wide patent battle against IPCom. The court found that the handset maker had infringed the German firm's 3G patent, but only on the Nokia N96 -- a phone the company no longer sells. IPCom can now request a ban on all British sales of the 2008 handset, a move that will probably affect tens of people. We've got an official response from Nokia's Mark Durrant after the break. [Image credit: Wikimedia Commons]
Apple and Samsung finally agree... to drop a plethora of claims from their patent spat
Last week, Judge Lucy Koh informed Apple and Samsung that they would have to reduce the number of patent claims at issue in the parties' Northern District of California litigation. And now, each has complied, with Samsung dropping its total number of asserted patent claims from 75 to 15, while dismissing two patents from the case altogether. For its part, Apple has reduced its case to one claim from each of its asserted utility patents, its four iPhone and one iPad design patents, and its trade dress claims for those two devices. Keep in mind, however, that they did so without prejudice, which means that either party can reassert these dismissed claims in a later lawsuit. That said, the parties have at least attempted to placate Judge Koh in order to keep their July 30th trial date, which is when the real legal fireworks begin. Feel free to check the filings below for the full scope of this most recent patent pruning.
Judge Richard A. Posner scolds Apple's lawyers
Well-known Circuit Court Judge Richard A. Posner told Apple's lawyers that he is tired of the company's courtroom antics in its patent dispute with Motorola. According to a report in FOSS Patents, Posner writes in a recent order, "I've had my fill of frivolous filings by Apple. The next such motion, and I shall forbid it to file any motions without first moving for leave to file." FOSS Patents provides some insight into the back and forth that led to this harsh rebuke of Apple. In a nutshell, Apple is trying to block Motorola from deposing a particular expert by bringing up the same motion again, after it was denied the first time. Supposedly, the company is also pushing the issue so quickly that Motorola isn't able to adequately respond. Posner is overseeing the lawsuit in the United States District Court for the Northern District of Illinois.
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."
ITC judge: Apple infringes on Motorola mobility patent
In a setback for Apple, the International Trade Commission ruled on Tuesday that Apple infringes on one of Motorola's patents. The patent describes a "method and system for generating a complex pseudonoise sequence for processing a code division multiple access signal." ITC Judge Richard Pender also said Apple did not violate three other patents Motorola included in its original complaint. According to the Wall Street Journal, Motorola was pleased with the result, while Apple was glad it did not infringe on three of the four patents. The Cupertino company noted that the patent it allegedly infringes has already been ruled invalid in a German court. "We believe we will have a very strong case on appeal," said Apple. The full commission will make a ruling on this preliminary judgment in August. It' not a trivial ruling as a decision in favor of Motorola could potentially lead to a ban on the import of iPads and iPhones, says Reuters.
ITC issues preliminary ruling, finds Microsoft's Xbox 360 infringes on Motorola patents
Potential bad news to start out the week for Microsofties: a judge from the US International Trade Commission has issued a preliminary ruling that finds Microsoft's Xbox 360 infringes on five four of Motorola's patents (and in Microsoft's favor on one). While the decision is by no means final -- which means that the Redmond outfit could ultimately prevail -- a final ruling would force Microsoft's hand to seek proper licenses for the technologies, most of which relate to H.264 video encoding, or have its gaming console banned from US shelves. For now, the lawyers will go back to the lab to refine their arguments and get ready to present them to a full panel of ITC judges later this year. Who wants to set odds on the outcome?
Facebook paying Microsoft $550 million for 650 patents, Ballmer clicks 'like'
Microsoft has agreed to sell on around 650 patents to Facebook in a deal worth $550 million. The Haüs of Zuckerberg will stump up the cash in exchange for various social networking patents that were registered by AOL (disclaimer: Engadget's parent company) and sold to Redmond for $1 billion a fortnight ago. Microsoft will hold onto the remaining 275 in its portfolio and cross-license those that it's sold on, but not the 300 patents that AOL licensed but kept hold of. The social network will likely utilize the portfolio to better defend itself from litigation like the lawsuit brought by Yahoo back in March. If you're interested in reading the phrase "protect Facebook's interests over the long term," then head past the break for the official word from the men who invented poking.
Apple sued over all touch-based products
FlatWorld, a Pennsylvania company, is suing Apple for patent infringement in California's Northern District Court in San Francisco, according to a report in Patently Apple. The company owns Patent RE43,318 which describes "a testing tool with a touch screen programmed to allow children to directly manipulate or move objects on the screen, and 'hide' them behind other objects." The suit lists Apple's entire lineup of touch-related devices including the iPod, iPad, iPhone, and sixth generation iPod nano as infringing products. It also lists the MacBook Pro, MacBook Air, the Magic Mouse in combination with any Mac computer running OS X Snow Leopard v10.6.1 and the Magic Trackpad in combination with any Mac computer running OS X Snow Leopard v.10.6.4 or later.
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.
