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Samsung to release newly-designed Galaxy Tab 7.0N in Germany
Samsung may be bold when it comes to its Apple fanboy commercials, but the handset maker is starting to back down on some of its products. According to BestBoyz.de, the tablet manufacturer is releasing a newly-designed Galaxy Tab 7.0N in Germany that does not infringe on Apple's patents or trademarks. The tablet includes a 7-inch Plane Switching LCD panel, 16 GB of internal storage, 3.2-megapixel rear camera with 720P recording, 1.2-megapixel front camera, 1.2 GHz dual-core processor, and Android 3.0.2 Honeycomb. This model is slated for a German only release. It'll be available in white and metallic grey and will retail for €600 (about $770). [Via Engadget]
ITC preliminary ruling says Motorola's Droid series doesn't violate Apple patents
As myriad legal tussles roll on between smartphone manufacturers, Apple's suffered a knock-back by the International Trade Commission. Apple first lodged its complaint against Moto in October 2010, accusing its Droid family of violating the patents found in its own phones. This was countered by a volley of patent violation complaints from Motorola. Granted, this is still a preliminary ruling, but looks like Motorola may have won this round of legal drudgery.Update: We've added Motorola's comments on the preliminary ruling below.
Microsoft and Barnes & Noble agree to eliminate one patent and multiple claims from ITC infringement case
Patent lawsuits start out the same way: company X hurls a slew of infringement allegations at company Y, the court demands that the fat be trimmed, and the case's scope is distilled so that only the strongest claims remain. Microsoft's ITC patent case against Barnes & Noble is currently in the midst of this streamlining process, and the parties have agreed to drop claims from four of the patents at issue and eliminated one patent from the proceedings altogether. A full accounting of all the bits of IP that have been eliminated can be found at the source link below.
Samsung's attempted iPhone 4S block in Italy denied, already missed its French connection
Last October, Samsung made a new attack in its ongoing patent war with Apple, filing motions to block sales of the iPhone 4S in both France and Italy, alleging infringements of patents relating to WCDMA standards for 3G-enabled devices. About a month ago the French motion was denied and now we're learning that an Judge Marina Tavassi of the Italian Tribunale di Milano has said "negato" as well. What's next? We hear Brazil is lovely this time of year...
Sinde Law brings SOPA-like restrictions to Spain
The Spanish government has passed legislation aimed at cracking down on websites illegally sharing digital content. Called the Sinde Law, it will create a new government commission that Spanish right holders can engage when they feel that a site is illegally distributing their content. After an alleged infraction, the commission examines the complaint and determines if, under the new statute, legal action is necessary. Should a site be found in violation, the case is passed to a judge and the decision is made either to shutter the offending website, take action against the site's service provider or dismiss the complaint altogether. The BBC reports that the entire process, from first report to final decision, should take no more than ten days. Open internet activists have voiced concerns about the breadth and implications of the law. United States residents will recognize many of the arguments for and against the Sinde Law in light of the SOPA Act (Stop Online Piracy Act) debate that's been raging here in the United States for several months.
RIM gets kicked while down, sued over BBM trademark (update: RIM comments)
It's been a long December for RIM, and there's reason to believe this year won't be any better than the last. This month, the company was sued for its use of the BBX trademark and was forced to change its name to BlackBerry 10; then, it all hit the fan when co-CEO Mike Lazaridis broke the news that phones running the aforementioned OS won't arrive until late in 2012. And let's not even get started on the quarterly earnings report. Sadly, it's not over: BBM Canada, a Toronto-based broadcast industry group that has used the BBM moniker in one way or another for six decades, wants to reclaim its name -- used and made popular by RIM's BlackBerry Messenger service -- and has filed a lawsuit against the phone maker for trademark infringement. BBM Canada CEO Jim MacLeod says he's made several attempts to resolve the matter with them in hopes of avoiding the courtroom -- even to the extent of offering to rebrand his own company as long as RIM footed the bill -- to no success. MacLeod told The Globe and Mail that "I find it kind of amazing that this wouldn't have been thought about before they decided to use the name -- the same thing goes for BBX." And according to court documents, it actually was: in February 2010, RIM attempted to apply for the BBM trademark with the Canadian Intellectual Property Office, was told that it wasn't registerable, and still went ahead and used it for its BlackBerry Messenger service anyway. We'll see what kind of explanation the company has for going ahead and using the three-letter acronym in a couple weeks, since a hearing has been scheduled for January 11th. Update: RIM just sent us an email with an official statement regarding the matter: Since its launch in July 2005, BlackBerry Messenger has become a tremendously popular social networking service. In 2010, RIM started to formally adopt the BBM acronym, which had, at that point, already been organically coined and widely used by BlackBerry Messenger customers as a natural abbreviation of the BlackBerry Messenger name. The services associated with RIM's BBM offering clearly do not overlap with BBM Canada's services and the two marks are therefore eligible to co-exist under Canadian trademark law. The two companies are in different industries and have never been competitors in any area. We believe that BBM Canada is attempting to obtain trademark protection for the BBM acronym that is well beyond the narrow range of the services it provides and well beyond the scope of rights afforded by Canadian trademark law. RIM has therefore asked the Court to dismiss the application and award costs to RIM. Further, for clarity, RIM's application to register BBM as a trademark with the Canadian Intellectual Property Office (CIPO) is pending and we are confident that a registration will eventually issue. The inference by BBM Canada that CIPO has refused RIM's BBM trademark application is quite frankly very misleading.
Sprint sues Time Warner, Comcast, Cable One and Cox for infringing twelve digital phone patents
Sprint's lawyers have been hanging out with nothing to do for a few days, so it's time for them to get back to work. The Now Network is now focusing its sights on Time Warner, Comcast, Cable One and Cox, slapping each one with a separate lawsuit claiming they have been infringing on up to twelve of their patents. The technology the companies have been using, Sprint states, relates to the transmission of voice data packets and was patented in the 1990s. Interestingly enough, several of these patents were the subject of its 2007 infringement case against Vonage, in which the VoIP company was ordered to fork over $80 million. In the filings, Sprint mentioned that the four entities "have realized the great value in this technology and have misappropriated it without Sprint's permission." Our world may be frightening and confusing, but it sure can be lucrative at times. And let's face it -- Sprint has quite a few bills to pay over the next couple years.
Apple alleges more Samsung IP infringement in Oz over copycat tablet and phone cases
In case you hadn't heard, relations between Apple and Samsung aren't exactly peachy keen these days. Their global legal conflict has been particularly fierce in the land down under, and it seems Apple just poured a bit more gas on the fire by alleging that Sammy's infringing its designs for tablet and phone cases. According to Bloomberg, Cupertino informed the Australian court of its latest legal allegations in a hearing in which it was attempting to push back the case's March trial date. Apple's already issued a notice of this newly alleged infringement to the Korean company, and a statement of its new claims is forthcoming, so details of the infringed-upon IP aren't yet available. What we do know is that it looks like Samsung's attorneys in Oz just got a lot more work to do over the holidays.
ITC sides with Apple, bans sale and import of some HTC phones (updated)
The ITC has issued a ruling in favor of Apple Inc., banning the sale and import or certain HTC phones in the US. The ruling, which was widely expected to finally be handed down today after being delayed twice, finds that HTC violates a pair of claims patents a patent held by the Cupertino company regarding the formatting of data (such as phone numbers) in otherwise unstructured documents (such as emails) allowing users to interact with them. The ban isn't scheduled to be enacted until April 19th of 2012, giving HTC and Google plenty of time to address the court's concerns. The Taiwanese manufacturer could also simply remove the feature from its phones, though, the ability to interact with such information across apps, such as tapping a phone number in an email to dial it, is an ability most consumers expect their devices to support. The International Trade Commission did not find that HTC violated two other patents in question, which related to realtime signal processing and would have been much more difficult for HTC to circumvent. Of course, this saga is far from over and we expect these two (along with practically every other mobile manufacturer on the planet) to continue to duke it out in the courts as opposed to in our stores. You can check out the full PDF of the ruling at the source. Update: Looks like HTC already has a plan in place to make it all better. Not shocking, but there it is, check out its statement after the break. Update 2: HTC reached out to us to clarify that the company was not found to be violating a pair of patents, but that it was "two claims in a single patent."
Personal Audio strikes again, has the Kindle Fire in its patent trolling sights
'Tis the season for reflecting upon our many gifts in life and giving thanks for them. If you're Personal Audio, however, once you've thanked your lucky stars that you own a patent on musical playlists, you then file an infringement suit against Amazon. That's right folks, Personal Audio is up to its old tricks again in the Eastern District of Texas, but instead of alleging iPods are infringing its IP, the Kindle Fire is squarely in the company's sites. The patents in question are number 6,199,076 that generally claims an audio player, and number 7,509,178 which claims the aforementioned downloadable playlists. Who knows if Amazon will settle out like Apple did, but as the web retail giant will move a ton tablets (among other things) this holiday season, it should have no shortage of cash do so.
Apple could get temporary suspension of Motorola injunction
On Friday, a German court granted Motorola an injunction against Apple and awarded damages in a patent infringement case. This ruling was a default judgment handed to Motorola because Apple, for some unknown reason, failed to defend itself in this case. Much confusion exists over the impact of this decision. Apple responded in a statement to CNET and claimed "This is a procedural issue and has nothing to do with the merits of the case." Apple spokeswoman Kristin Huguet also said, "It does not affect our ability to do business or sell products in Germany at this time." According to FOSS Patents, the key words in Apple's statement are "at this time." Apple could petition the German court and will likely receive a temporary suspension of the default judgment. This request for a second judgment, based on the merits of the case and not on a default decision, could bring the case all the way to the Federal Court of Justice and could take years to complete. If Apple fails to convince the courts to grant a temporary stay, this injunction could have a material impact on Apple's business in Germany. As of the writing of this post, Apple has not filed for a temporary suspension but could do so within the next two weeks. For full analysis of this sticky legal situation, you should read Florian Mueller's report which includes input from German lawyers.
German court grants injunction against Apple for infringement of Motorola patents (update: Apple responds)
Motorola just confirmed that earlier today, the Mannheim District Court in Germany granted a default judgment in its case against Apple that bars the sale of Apple products in Deutschland. In addition to the confirmation, Motorola also issued the following, rather unrevealing statement: "As media and mobility continue to converge, Motorola Mobility's patented technologies are increasingly important for innovation within the wireless and communications industries, for which Motorola Mobility has developed an industry leading intellectual property portfolio. We will continue to assert ourselves in the protection of these assets, while also ensuring that our technologies are widely available to end-users. We hope that we are able to resolve this matter, so we can focus on creating great innovations that benefit the industry."The ruling comes as a role reversal of sorts for Apple, which most recently received a pair of injunctions in Germany, banning the sale of the Samsung Galaxy Tab 10.1 in that country, along with the rather embarrassing removal of the Tab 7.7 from the show floor at IFA. According to FOSS Patents this is a default judgment, meaning Apple did not respond to Moto's filing and as a result got hit with the injunction, which could result in its products being pulled or the company being required to pay damages. And so the saga continues... Dust off the pocket translator and hit up the source link for the full ruling in German.Update: We just got the following statement from Apple regarding the ruling: "This is a procedural issue, and has nothing to do with the merits of the case. It does not affect our ability to sell products or do business in Germany at this time."So, it appears our iDevice-loving German friends have nothing to worry about, at least for now.Update (11/7): FOSSPatents has posted a second update accessing the procedural rules, how they (might) affect this case and whether or not Apple has anything to worry about. If you can't get enough FRAND and Zivilprozessordnung news you can read through it -- we'll just hang on until the courts make another decision or someone's products actually get pulled from shelves.
Steve Jobs vowed to "destroy Android" according to biography
Steve Jobs doesn't like Android and considers the mobile OS to be Apple's main competitor. It was apparent in the Q4 2010 earnings conference call when he discussed the mobile operating system and berated competitor's adoption of the 7-inch tablet. And this same hostility is very apparent in his biography. According to the Associated Press, which got an early look at Walter Isaacson's upcoming biography, Jobs reportedly said this about Android, I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this. This hostile statement was a response to the introduction of an HTC handset in January 2010 that was similar to the iPhone; too similar for Jobs's liking. The Apple CEO reportedly met with Eric Schmidt to discuss what he called "grand theft." Jobs told Schmidt he wouldn't accept any settlement, even if it was US$5 billion, and ordered the Google chief to stop copying the iPhone. This excerpt sheds some light on that mysterious cafe meeting between Job and Schmidt that captivated the Internet for a short time last year. It also explains Apple's fierce legal battle against Android handset makers including Motorola, HTC and Samsung. [Via Macrumors]
Microsoft and Quanta ink patent licensing agreement, Android continues to print money for its rival
Microsoft's crossed yet another name off its patent licensing hit list, and this time the big red target lands squarely on Quanta. Under the undisclosed terms of the agreement, Android and Chrome-based devices manufactured by the Taiwanese OEM will be protected by Redmond's vast patent portfolio. Of course, this means MS'll receive royalties for granting access to its treasure trove of related IPs -- of which it has no dearth of at the moment. In other news, Google continues to hope it's all just a case of "opposite day." Official PR in all its vagueness after the break.
Apple rejects Samsung's settlement offer in Australia, seeks to 'maintain the status quo'
"Thanks, but no thanks." That's essentially what Apple told Samsung today, in rejecting an offer to end their ongoing patent dispute in Australia. Samsung's proposed settlement, presented on Friday, would've allowed the manufacturer to sell its Galaxy Tab 10.1 within Australia as early as this week, despite Apple's contention that the tablet infringes upon a handful of its patents. The agreement would've also resulted in a speedy court decision, but today, Cupertino told an Australian court that the proposal was simply unacceptable. "It is one we don't accept and there is no surprise," Apple attorney Steven Burley told reporters. "The main reason we are here is to prevent the launch and maintain the status quo." Samsung's lawyers, meanwhile, acknowledged that the rejection now lessens the chances for any settlement at all, arguing that a truce "is not going to be achievable... given the positions advanced by each party," and that the litigation may extend well into 2012. One of the Samsung's attorneys, Neil Young, added that his client isn't in a rush to conclude the dispute, speculating that it may take until March to prepare its defense. "If we can't get a decision out by mid-October, there is no urgency," Young explained. Neither Samsung nor Apple have offered official comment on today's developments, but we'll keep you abreast of the latest.
Samsung reportedly offers Apple deal to end dispute
The Wall Street Journal claims Samsung has offered a deal to Apple that would let the tablet maker sell its Galaxy Tab 10.1 in Australia. Terms of the deal were not released, but it supposedly will "comfort" Apple. Other details suggest it won't stop the litigation, but will temporarily avoid an injunction. The isn't exactly what Samsung wanted, but it will get the Galaxy Tab on retail shelves during the holiday shopping season. Samsung is motivated to negotiate and avoid an injunction in yet another country. Apple already won an injunction in Germany and Samsung had to pull the tablet from market. Samsung also faces similar lawsuits in the US, Japan and South Korea.
Apple strikes settlement with NYC vendors accused of selling counterfeit products
Remember that lawsuit Apple filed against a pair of Queens stores accused of selling fake iDevice accessories? Well, it looks like it's coming to a close. According to Reuters, Cupertino has reached a settlement with the two Chinatown-area retailers, both of which have agreed to hand over all products emblazoned with the Apple name or logo. If the settlement is approved, the two vendors, Fun Zone and Apple Story, will have five days to clear all counterfeit iPod and iPhone accessories from their inventories, along with any allegedly trademark-infringing promotional materials. The defendants, who maintain their innocence, would also be barred from destroying any records of sales, manufacturing or distribution of the unauthorized cases and headphones -- presumably as part of Apple's ongoing crusade against counterfeiters. Apple Story, meanwhile, would have to change its name, which bears an obvious similarity to another well-known outlet. The proposed settlement was filed with a Brooklyn District Court on Thursday and now awaits the approval of US District Judge Kiyo Matsumoto. Neither Apple nor the defendants have commented on the case.
Yoogames yoinks assets from EVE Online and others, faces retribution
Let's get ready for a lawsuit! Yoogames has been called out on the EVE Online forums for using images from EVE in order to promote its own game, Planet War. But it's not just EVE Online getting ripped off here; keen-eyed forum-goers have spotted pictures of StarCraft 2's Protoss Yo-Mommaship and Star Wars' Trade Federation space station. What will become of this, no one knows... oh, who are we kidding? This is lawsuit city. CCP's own CCP Fallout stopped by the thread to thank the OP for pointing out the infringement and to say that he is "notifying the relevant parties in the company." So grab some popcorn, sit back, and enjoy the show. We'll be sure to bring you the latest in courtroom entertainment as it develops.
Samsung files French patent complaint against Apple, targets iPhone, iPad
Samsung has retaliated against Apple once again -- this time, in France, where the Korean manufacturer has filed a complaint alleging that Cupertino infringed upon a trio of its patents. Originally filed with a Paris district court in July and announced yesterday, the complaint claims that the UMTS technologies featured in the iPhone and 3G-enabled iPads violate three of Samsung's patents. Unlike a previous case in Germany, which recently resulted in a nationwide injunction against the Galaxy Tab 10.1, this filing "focuses on three technology patents, and not on the design of the tablets," as a Samsung spokesperson was quick to point out. Details on the patents in question remain blurry for the moment, but it'll probably be a while before the case progresses anyway, with the first hearing scheduled for December.
HTC sues Apple with help from formerly Google-owned patents
There's a fresh new twist in the never ending Apple / HTC patent battle. The Taiwanese handset manufacturer is hitting back against Cupertino using newly obtained firepower: nine patents picked up from Google last week. The patents, which began life under Palm, Motorola and Openwave Systems, were transferred to HTC on September 1st. So much for the whole sitting down and not suing thing.
