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Apple drops alert patent in Chicago litigation against Motorola
Apple and other handset manufacturers are involved in so many lawsuits that it's difficult to keep up. Earlier this week, another infringement lawsuit in Chicago that's been around for a while resurfaced because Apple dropped a patent from the lawsuit. Apple was complying with a request from Judge Richard Posner who told the two parties involved in the case to winnow their claims, says a report in FOSS Patents. Both Apple and Motorola are involved in this Chicago case, which started off with claims involving fifteen Apple and six Motorola patents. That number, says FOSS Patents, has been whittled down by one-third. The latest patent to hit the chopping block was U.S. Patent No. 5,566,337 which describes a "method and apparatus for distributing events in an operating system." According to Florian Mueller of FOSS Patents, this patent was a good choice to remove because it was a longshot that a judge would rule in Apple's favor on that infringement claim.
iTunes, Sony PlayStation Network targeted in suit
Another day and another patent lawsuit. Today, we have a new lawsuit from investor Benjamin Grobler who claims Apple's iTunes and Sony's PlayStation network induce customers to violate his "data vending system" patent, says a report in Computerworld. Grobler's US patent describes a data vending system which stores digitized music and/or video and/or computer programs on one or more main computers in a data depot. The data depot stores details about customers and the data they have purchased or rented. There's also a data dispensing device that ties into the data depot. The lawsuit was filed in the US District Court for the Northern District of California and asks for a judgement that Apple infringed and continues to infringe on this patent. It also seeks damages which will decided upon during the trial.
Microsoft and TiVo agree to drop ongoing patent suits, we ask the world to follow
At last. A pair of companies decide that bickering (and spending) in the courtroom over patents just isn't worthwhile. In an era where it seems like every technology company under the sun is suing at least one other for nondescript "infringements," TiVo and Microsoft are laying aside their differences. Purportedly, both outfits have reached an agreement "under which both companies will dismiss pending litigation over patents." According to a regulatory filing, nary a patent right was granted to Microsoft by TiVo, but for whatever reason, the two have decided that both can continue operations without any more meddling. It all started early last year, when the folks in Redmond alleged that TiVo was infringing on four of its patents; predictably, TiVo slung one of its many patent-related suits in Microsoft's direction. Those looking to dive fully into the last chapter in this one can hit the links below; for the 99 percent, just scoot your eyes down to the next article and exhale in relief. So, Samsung, Apple -- you guys paying attention?
Oracle's final damage claim against Google well under $100 million
My, my, my, how the mighty have fallen. In this case, the mighty is the roughly $6 billion Oracle initially sought in its suit against Google. By September of last year that number had dropped to a comparatively paltry $2 billion, which was still too high for presiding Judge William Alsup. Now that has plummeted precipitously, with Oracle's new starting figure sitting at $32.3 million. Of course, the final total for the damages will likely be higher than that, but we'd be mighty shocked if the ultimate settlement was even close to $100 million. Google's own estimates put the valuation at between $37.5 million and $46.6 million -- a far cry from the $100 million starting point Alsup had suggested in July of last year. Now all that's left is for this sucker to actually go to trial. Hit up the source to read the full filing.
Final ITC ruling affirms Motorola Mobility didn't violate Apple's patents
The preliminary decision already determined that, in this case, Motorola Mobility hadn't violated any of Apple's patents with its Droid series, and now a final review has affirmed those initial findings. While this might not be a massive turn up for the books, it does close the doors on at least one big name patent dispute. That said, Apple can appeal to the Federal Circuit, and given that it has done before, it's likely the iPad maker will do so here. But, for now at least, it's cork popping time over in Libertyville.
Kodak asks bankruptcy court to decide on patent dispute with Apple
Kodak is asking the bankruptcy court to make a decision about an imaging patent that's part of a lawsuit with Apple, says a report in Computerworld. The disputed patent is owned by Kodak and describes a camera that takes high quality stills and lets the user review these images on an LCD. Kodak and Apple have been fighting the case in the Western District Court of New York, but the proceedings stalled after Kodak filed for bankruptcy. Apple recently asked the court to remove this bankruptcy stay and transfer the case to the U.S. District Court for the Southern District of New York. Kodak, however, is in the process of selling off its assets, including the patent in this lawsuit. Apple claims Kodak should not be allowed to sell its patent portfolio until this dispute has been resolved. If Kodak can convince the Bankruptcy Court to make a decision on the patent, it can sidestep the lawsuit with Apple and sell its patent portfolio to the highest bidder. Though it doesn't have a buyer for its portfolio, online photo company Shutterfly has agreed to pay US$23.8 million for Kodak's online photo services business.
Microsoft files EU antitrust complaint against Motorola Mobility, claims unfair licensing practices
Early last week, the European Commission gave Google its blessing regarding the purchase of Motorola Mobility. But the honeymoon has been anything but relaxing for the search giant and its latest power-play acquisition, after Apple filed an antitrust complaint, claiming a breach of the company's FRAND obligations. Now Microsoft is waiving the antitrust flag as well, claiming that the company is reportedly abusing its standard-essential patents, impeding fair access to patents that are fundamental to regular device function -- this time dealing with video streaming and wireless connectivity. Microsoft Deputy General Counsel Dave Heiner has posted an appeal to the company's TechNet blog, outlining the issue and explaining that "Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products," further claiming that "Motorola is on a path to use standard essential patents to kill video on the Web, and Google as its new owner doesn't seem to be willing to change course." The key issue at hand is patent pricing -- Microsoft claims that Motorola is demanding an impossibly high royalty of $22.50 for a $1,000 laptop, and that only covers fees for H.264 licensing. It's no secret that Motorola's patent portfolio was a key component of Google's acquisition, and so far it doesn't appear that the company is making any suggestion that Motorola ease up on licensing fees. As always, we'll be keeping an eye on the process, but hit up the source link below for the full scoop from MS.
Proview ready to negotiate on eve of court hearing
After threatening to sue Apple, Proview is now preparing to talk with the American company about its iPad trademark. It hopes to reach a settlement before an upcoming trial on its trademark begins. Proview's lawyer Xie Xianghui says it is approaching Apple with "peaceful intentions" according to a report in AppleInsider and The Times of India. This renewed effort at negotiation comes on the eve of a big court hearing on Wednesday in Shanghai. The Shanghai court will discuss the validity of Proview's claim against Apple and its decision will have a major impact on either company. A win for Proview could potentially ban sales of the iPad in China's wealthiest city and slow Apple's expansion into the Asian country. A win for Apple would hurt the struggling Proview, which is facing mounting pressure from creditors and an impending removal from the Hong Kong Stock Exchange. Lawyers expect a decision in this case within the next few months.
Oracle drops patent from Google lawsuit, Google moves to strike Oracle's third damages report
After much sound and fury in its legal proceedings for IP infringement against Google, Oracle's claims continue to be whittled away. Judge Alsup has been on Oracle's case to downgrade its damages claims for months now, and on Friday, he got yet another reason to do so. Ellison's crew has finally withdrawn the last remaining claim of patent number 6,192,476 from the litigation -- the very same patent that had 17 of 21 claims wiped out earlier during a USPTO re-examination proceeding. Additionally, Google has filed a motion to strike Oracle's third damages report for, once again, artificially inflating the monetary damages in its expert report. No one can say for sure how the judge will rule on that motion, but given that Oracle's got less IP than ever with which to allege infringement, it seems likely that the Court will send it back to the damages drawing board.
Apple asks EU regulators to step in on Motorola patent dispute
Apple already asked the European Telecommunications Standards Institute for more transparency on FRAND licensing, and now it's seeking a full-blown intervention. Motorola Mobility claims it received a letter on Friday from the European Commission advising there has been a complaint against it from Apple. The letter also stated that Cupertino wants the Commission to enforce the firm's standards-essential patents that breach agreed FRAND commitments. This latest development comes just one day after a German court awarded Apple an injunction against Motorola's implementation of slide-to-unlock on smartphones, as well as an ongoing saga of similar disputes with the firm. It's also just days after the European Commission approved Google's acquisition of the handset maker, based on beliefs that it "does not itself raise competition issues."
Proview halts iPad sales in second Chinese city, says nationwide iPad ban would be "difficult"
The recent Chinese court ruling that Proview owns a trademark on the word iPad may prove to be a problem for Apple. Recently, officials in the Chinese province of Shijiazhuang began seizing iPads at one reseller. Now, these seizures are happening in a second province. According to the New York Times, the iPad is under temporary impoundment in the city of Xuzhou, located in Jiangsu province. Ma Dongxiao, a lawyer for Proview talked to the New York Times about these seizures and state-owned CCTV confirmed that officials are removing iPads from resellers. Ma also said Proview asked authorities in 20 Chinese cities to investigate whether iPads are still being sold. Proview is not holding back following this ruling. Besides the seizures, the company is seeking up to 10 billion yuan in monetary damages from Apple and said it would settle this dispute in or outside court if Apple wants to negotiate a deal. It also asked for an injunction that'll ban the import and export of the iPad into the country. A report from Reuters suggests that China's customs authorities won't grant this request. Chief of Proview Technology Shenzen, Yank Long-san told Reuters, "The customs have told us that it will be difficult to implement a ban because many Chinese consumers love Apple products. The sheer size of the market is very big." Rather than a nationwide injunction the company is working with local customs officials to enforce city-wide bans. It's not likely that Proview will back down easily as the company desperately needs this cash. It was delisted from the Hong Kong Stock Exchange in 2010 and owes money to banks, suppliers and its workers.
Apple to pursue legal action against bankrupt Kodak
Bankrupt Kodak has been upfront about its strategy to generate revenue from its robust patent portfolio through litigation. In the past year, Kodak has sued Apple, HTC, RIM, Samsung, and Fujifilm using various imaging recording and processing patents. Apple isn't taking this lying down and, as Bloomberg reported, Apple has asked a bankruptcy judge to allow it to sue Kodak over a patent infringement claim. Apple contends Kodak is infringing on patents that cover technology used in printers, digital cameras and digital picture frames. Apple revealed in its US Bankruptcy Court request that it intends to file an infringement complaint with the ITC and a lawsuit in the US District Court. Apple argues that bankruptcy doesn't protect a company from a patent infringement lawsuit. Kodak can ask the court to suspend the District Court case until the ITC makes a decision on the infringement, but Apple said it will go ahead with the case in the meantime.
Proview wants China to halt iPad imports, exports
Proview International Holding is moving against Apple now that the Chinese courts decided the Shenzen company owns a trademark on the word iPad. Roger Xie, a lawyer for Proview, spoke to Business Week and told them the company has not been able to reach an agreement with Apple over the use of the term. Now, Proview is asking the customs bureau to block the import and export of the tablet device. Apple, however, claims it owns the trademark and bought it legally from the UK company, IP Application Development. IP Application Development bought the trademark from Proview Taiwan in 2009 for £35,000 (US$55,000). Proview claims this original sale should be nullified because Proview Taiwan was not legally representing Proview Shenzen. A court ruled in Proview's favor and members of China's Administration of Industry and Commerce are supposedly confiscating iPads in at least one Chinese city. Apple is appealing this decision. In the meantime, the immediate future of the iPad in China is in limbo.
Court says reworked Samsung Galaxy Tab 10.1N can be sold in Germany
Apple's been going back and forth in German courts over the Samsung Galaxy Tab, suggesting it "borrows" a few too many features from the iPad, but the latest ruling has fallen in Samsung's favor. A German court has now decided that the Galaxy Tab has "clear differences" from the iPad, and thus can be sold in that country. Note, also, that this is the Galaxy Tab 10.1N, not the original version, so Samsung has already made some changes to the design. And those changes apparently worked, because the court has ruled that sales are on. That's not great for Apple, though Cupertino may likely follow up with appropriate appeals going forward. Samsung also has its own lawsuit going up against Apple in Germany, claiming infringement on a few of its own patents. The next ruling in that case is apparently due on March 2nd.
German court upholds ruling against Apple, clears Samsung Galaxy Tab 10.1N for sale
Apple's legal team has been dealt another blow in Germany, where a court today shot down the company's requests for a preliminary injunction against the Samsung Galaxy Tab 10.1N. In a statement issued this morning, the Dusseldorf Regional Court said it found "clear differences" between the 10.1N and Apple's iPad, affirming a preliminary ruling handed down in December, and a similar decision announced in Munich this month. It's certainly not the news that Cupertino wanted to wake up to, but we're also a long way from this drama being over.
Apple asks European standards body for more transparency on FRAND licensing
With its legal battles intensifying across the globe, Apple has appealed to the European Telecommunications Standards Institute, calling for a more consistent approach to the licensing of essential patents. In a letter dated November 11th, Cupertino outlined its issues with today's licensing system, with a particular emphasis on patents licensed on a FRAND basis. According to Apple, the entire telecom industry lacks a "consistent policy" on FRAND licensing -- an issue that, not surprisingly, is especially critical to the company's ongoing court cases in Europe. Because of this inconsistency, Apple argues, patent royalty rates are often negotiated arbitrarily and in secret, resulting in abnormally high rates and, of course, plenty of lawsuits. "It is apparent that our industry suffers from a lack of consistent adherence to FRAND principles in the cellular standards arena," wrote Bruce Watrous, Apple's head of intellectual property. The company went on to suggest an alternative solution, calling for ETSI to establish "appropriate" FRAND licensing rates for companies to follow, adding that these rates should be limited to an industry-wide standard, and that companies should be barred from using industry-essential patents to force injunctions.
German court denies Apple request for preliminary ban on Galaxy Tab 10.1N and Galaxy Nexus sales
You win some, and you lose some, right, Apple? Hot on the heels of its latest victory in Dusseldorf keeping the Galaxy Tab 10.1 out of Deutschland, Apple was denied similar satisfaction in Munich today. Bloomberg's reporting that the Munich Regional Court denied Cupertino's motion to exclude Sammy's 10.1N and Galaxy Nexus from store shelves due to infringement of a touchscreen patent granted last year. While details of the ruling itself are scarce, the judge apparently rejected Apple's overtures because the patent in question is likely invalid due to the market presence of the same technology before the patent was granted. Of course, the 10.1N's not out of the woods yet, as next week the aforementioned court in Dusseldorf will pass judgment on Sammy's reworked slate. So, pop some popcorn folks, these legal fireworks are far from over.
US government rules three Barth patents invalid, sends Rambus scrambling
Suing's easy. It's the "winning" that trips folks up. Such is the case with Rambus, who has been relying oh-so-heavily on the so-called trio of Barth patents to actively pursue just about every technology company on the planet. For those unaware, Rambus has christened itself as a "technology licensing company," but with the last of three patents used to win infringement suits against NVIDIA and HP being declared invalid, it's probably scrambling for new tactics. According to a Reuters report, an appeals board at the US Patent and Trademark Office declared the patent invalid a few days back, with the previous two being knocked back in September. A couple of months back, Rambus' stock lost 60 percent of its value after a court decision led to the loss of a $4 billion antitrust lawsuit against Micron and Hynix, and we're guessing things won't be any happier when the markets open back up on Monday. The company's next move? "We're evaluating our options," said spokeswoman Linda Ashmore.
Dutch court rejects Apple appeal, says Samsung Galaxy Tab 10.1 is legal
A court in the Hague has just cleared the Samsung Galaxy Tab 10.1 for sale in the Netherlands, rejecting Apple's requests for a nationwide ban. As NU.nl reports, a different Dutch court had already issued a similar ruling in October, which Cupertino promptly appealed, claiming that Sammy's slate was too similar to its own iPad 2. Today, though, the Court of the Hague shot down Apple's arguments, determining that there are enough differences between the two products to legally justify their coexistence. Granted, this is only one of many patent battles that the two companies are currently waging, but for today, at least, it looks like Samsung has come out on top. [Thanks, Rolfski]
German court shoots down Samsung's 3G patent lawsuit against Apple
Germany's Mannheim Regional Court has just issued a decision on one front of the ongoing dispute between Apple and Samsung, ruling against one of the Korean manufacturer's several patent infringement claims. At issue is a Samsung patent pertaining to the 3G / UMTS standard -- one of seven that Apple has been accused of infringing. Today, Judge Andreas Voss rejected Samsung's claim, though the reasoning behind this decision remains somewhat murky. According to FOSS Patents, however, the validity of the patent itself probably wasn't the driver behind Voss' ruling, since any doubts would have resulted in a stay, rather than an outright rejection. FOSS speculates that the court determined either that Apple wasn't infringing upon Samsung's patent, or that Samsung has simply exhausted its IP rights.In a statement, Samsung said it has yet to decide whether it will appeal today's ruling. "We are disappointed that the court did not share our views regarding the infringement by Apple of this specific patent in Germany," spokesman Nam Ki-yung said. "It should be noted that today's ruling relates to only one of several patents asserted by Samsung in the Mannheim court." We're still awaiting official documentation, and will update this post as soon as we hear more.
