injunction
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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]
German court says T-Mobile can sell iPhone exclusively -- Vodafone injunction dismissed
Surprise! The German courts have reversed the November decision and now say that T-Mobile has the right to sell the iPhone exclusively in Germany. As a result, the injunction granted to Vodafone has been dismissed. T-Mobile still has the right to seek damages. Ah well, there are still unlocked iPhones in France if anyone's looking.
T-Mobile vs. Vodafone: November 29th, Germany -- be there
The gloves are off and the court date is set: T-Mobile faces off with arch rival Vodafone on November 29th in Germany. Will T-Mobile's exclusivity on the iPhone continue unabated or will Germany's other carriers (and their consumers) still not reap the benefits of an unlocked iPhone due to its prohibitively high, €999 cost? Tune in next week to find out.Pssst, hey Germany... yeah you. Just in case T-Mobile wins and discontinues the unlocked offering, November 29th is the same date that your neighbors in France will start selling their iPhones. Chances are, an unlocked version will be sold too. Just saying is all.
Vodafone Germany obtains restraining order against T-Mobile iPhone sales
You'll have to bear with us on this one folks as the news is a bit muffled crossing the Atlantic, language, and cultural divides, but UK-based Vodafone has reportedly received a restraining order against T-Mobile's iPhone sales in Germany. Vodafone's issue is the exclusivity contract with Apple and fee structure within T-Mobile's subscription offering. What's odd here is the language of the Dow Jones piece which claims that the Hamburg order, issued Monday is, "prohibiting the German telecommunications giant from selling Apple Inc.'s (AAPL) iPhone in Germany." That sounds like a full stop (pending appeal) of all iPhone sales in Germany. The Financial Times, however, says that the order "will not disrupt sales" as the Christmas purchases accelerate. Vodafone is framing their argument around customer choice while admitting that it's the revenue sharing model, and possibility that Nokia or Ericsson follow suit, which has prompted the legal action. At least they're not sticking their heads in the sand this time. Update: Dow Jones has now clarified the situation. A Vodafone spokesman says, "The preliminary injunction filed in Hamburg doesn't mean Telekom will have to cease marketing the product immediately." Deutsche Telekom is the parent of T-Mobile Germany. He goes on to say, "We're not taking any plans to replicate these actions anywhere else, or in the U.K."[Via Appleinsider] Read -- Dow Jones Read -- Deutsche Telekom (translated) Read -- FT
CSIRO injunction halts Buffalo sales
As we reported back in November, Australian company CSIRO has been on the offensive in an attempt to establish their role in the creation of WiFi. Last Friday, CSRIO won another round in the battle by bringing an injunction against Buffalo, promptly halting sale of products in the US and making it very difficult for Buffalo to continue scoring tons of easy money from 802.11a/g-based gear. Buffalo is naturally expected to appeal, but this is pretty clearly a litmus test case for the long list of companies CSRIO has its sights set on -- so who knows what fates are in store for the likes of 3Com, Accton, ASUS, Belkin, D-Link, Dell, Fujitsu, Hewlett-Packard, Intel, Marvell, Microsoft, Netgear, Nintendo, SMC, and Toshiba, all of which have their own case pending with today's court victor.[Thanks, Macris A]
Judge: no new customers for Vonage
Ouch, this one's gotta sting a little: after Verizon won an injunction against Vonage for copyright infringement, today US District Judge Claude Hilton has imposed an immediate stay on the VoIP provider's business, disallowing them from adding new customers. Like, seriously, you they aren't allowed to sign anyone up. Vonage will still continue providing service to those customers it currently has; it's obviously planning to immediately appeal the decision, however Judge Hilton also managed to tack on a $66 million appeal bond, which doesn't exactly sweeten their deal at all. Things are definitely not looking good for those guys; we'll keep ya updated. [Warning: subscription req'd for link.]Update: We just called Vonage, and their end-user sales reps haven't gotten the memo yet. In other words, if you wanted to jump on Vonage service, today may be your last day to, at least for a while. (If you're really lucky, you might be able to get a rep to rattle off their official memo on the Verizon case, which accuses them of "stifling their competition by using US courts." Very good stuff.)Update 2: The stranglehold decision made earlier today to stay Vonage and cut off its new customer signups has already been itself stayed, meaning the VoIP phone service provider can continue signing up new customers. (This news came this evening, well after our call into Vonage where a clueless rep hadn't even yet gotten the memo to stop signing up new users.) The Federal Circuit Court of Appeals will consider Vonage's appeal of the injunction and customer-signup stay set forth by Judge Hilton; looks like this one's only going to get more messy, but thew takeaway is pretty straightforward: if you want to sign up for Vonage, you've still got a window of opportunity, so get in now before even more mad legal drama goes down.
Verizon wins permanent injunction against Vonage
Ruh roh, bad news for Vonage today. In one of the nearly ten million patent infringement suits that we're closely following, a U.S. District judge has issued a permanent injunction against leading VoIP provider Vonage, barring the upstart telecom from using any technology protected by the three Verizon patents it has been convicted of infringing. In response to the ruling, company execs issued a statement attempting to reassure customers and reiterate its intent to appeal, although that didn't stop panicked investors from pushing shares down 6.2% before trading was halted. Specifically, Vonage wants you to know that you "will not experience service interruptions or other changes as a result of this litigation," claiming that it expects to prevail in an appeals process which starts in two weeks. If District Judge Claude Hilton decides at that time to make the injunction effective, Vonage can still plead its case in front of the Federal Court of Appeals -- however, Hilton's analysis of the injunction's potential effects on both parties seems to squarely Verizon, which doesn't bode well for Vonage even in a higher court. In other words, there's no reason for Vonage users to start freaking out just yet, but if we were in your shoes, well, we might at least start window shopping for a new landline network.Read - ReutersRead - Vonage PR
Echostar injunction stayed pending outcome of appeals process
Even though its customers were the ones getting down at nationwide TiVo House Parties this past weekend, it was the company itself that woke up with a nasty hangover. In the latest development surrounding the most drawn-out patent dispute the consumer electronics industry has seen since that RIM / NTP debacle, the US Court of Appeals for the Federal Circuit has just granted DISH-parent Echostar a temporary stay on an injunction that would have shut down its DVR service and halted sales of related hardware. You probably remember that TiVo won a $74 million jury verdict in this case back in April, when the Texas panel apparently agreed with the DVR pioneer that Echostar (who also had access to an early TiVo prototype box) had violated its so-called "Time Warp" patent. After much legal posturing, the award was upped to $90 million and the satellite TV provider was given 30 days to disable the time-shifting functionality on its STBs; luckily for DISH customers, the injunction was granted a temporary stay while the merits of Echostar's appeals case were weighed. Well the court has finally ruled that Echostar does indeed have a solid case, and that the company can therefore continue offering DVR services until its appeals have been exhausted. Sounds like bad news for TiVo, until you notice a snippet of Echostar's followup press release which reads, "We also continue to work on modifications to our new DVRs, and to our DVRs in the field, intended to avoid future alleged infringement." If Echostar is so confident in its lack of culpability here, why make changes to its supposedly non-infringing devices? Stay tuned, folks, as this one's not over yet -- not by a long shot.[Via Zatz Not Funny]
Federal Court grants stay on EchoStar's TiVo injunction
Things are looking up for EchoStar. After getting slammed hard yesterday with $90 million in initial damages and a permanent injunction that requires them to disable all DVR functionality for users in 30 days, EchoStar has managed to get a stay on TiVo's injunction while the court battle rages on. The Federal Circuit Court of Appeals did the honors today, halting the Thursday injunction by a Texas Court, and while the current stay is temporary (they don't say for how long), EchoStar is hoping for a longer-term stay, and are fighting for an eventual overturn of the Texas decision. Doesn't seem like we're close to the finish line here yet, so we suppose DISH Network users can go on with their regularly scheduled time-shifted lives for the time being.[Via HD Beat]
TiVo to EchoStar: stop making DVRs!
Emboldened by its recent court victory in a long-running patent battle with EchoStar, TiVo has now taken the volume up a notch, and filed for an injunction to stop EchoStar from making or selling DVRs. However, EchoStar has fought back, insisting that recent USPTO rulings overturning some TiVo patents could render TiVo's victory short-lived. And, of course, EchoStar is requesting that the original ruling, which awarded TiVo about $74 million, be stayed until the USPTO finishes digging through TiVo's records. One thing's certain: this isn't ending any time soon, so if you want to keep up, be sure to program your TiVo box to catch the latest news (or program your EchoStar box, if that's what you've got, and hope that its time-shifting functions don't suddenly disappear via a court-mandated firmware flash).
