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Lodsys adds Rovio, Atari, EA and others to patent suit, makes birds even angrier
If you thought Lodsys was done making a spectacle of itself and dragging app developers to court, you were sorely mistaken. The king of the patent trolls has amended its original complaint against mobile devs, removing one company, but adding five new ones -- all of them big names. Rovio, Electronic Arts, Square Enix, Atari, and Take-Two Interactive have been added to the list of defendants in the suit filed back in May. Vietnamese company Wulven Games has been dropped from the complaint, but Lodsys has more than made up for it by directly targeting possibly the largest mobile title out there -- Angry Birds. You can find the completely amended filing at the source link and, if you're in the mood for a bit of a refresher, check out the more coverage link.
It's official: Nortel patent sale approved by US and Canadian courts (updated)
Nortel was just looking for some quick cash when the company put its 6,000 telecommunications patents up for auction. Then Google decided that IP would make a mighty fine troll deterrent, and started a crazy bidding war to get it. A coalition of the willing -- including Apple, EMC, Ericsson, Microsoft, RIM, and Sony -- opposed Big G and paid $4.5 billion for the prize portfolio pending approval by the powers that be. Well, both Canadian and US bankruptcy judges just gave the purchase two thumbs up, and the deal is officially done. Now the question is whether the auction's victors will use these patents as a shield against those with trollish intentions or as a sword to strike at their enemies? Update: To clarify, the deal was only approved by the bankruptcy courts, and the US DOJ is examining the sale for its possible anti-competitive effects.
Apple seeks preliminary injunction on Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1
Drama. Rather than leaving well enough alone -- at least long enough for its lawyers to properly enjoy the Independence Day weekend -- Apple has seemingly kicked its ongoing legal battle with Samsung up a notch. According to a filing discovered by FOSS Patents, the perturbed in Cupertino have filed a motion for a preliminary injunction with the US District Court for the Northern District of California. Interestingly, the motion hones in on just four devices: the Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1. It's a pretty bold move on Apple's part -- if this thing holds, and it's determined that the aforesaid products may well indeed be infringing on Apple's rights, Sammy could be forced to yank those products from US shelves within a couple of months. If it falls through, however, Apple's entire case will likely take a serious hit. We'd ponder why everyone can't just get along, but at this point, we're guessing the act of forgiveness has become a foreign concept for both parties.
Microsoft inks Android patent deal with Itronix, causes more heads to explode
We've already noted our slip into Bizarro World, a strange and topsy-turvy land where -- thanks to patent-infringement claims -- Microsoft strikes licensing deals with Android device makers. Redmond has used a carrot-and-stick strategy thus far, suing competing manufacturers (Barnes and Noble, Motorola) while reaching a protective royalty agreement with HTC, which, not coincidentally, also makes Windows Phones. Today, another company joins the licensee list: General Dynamics Itronix, known for its rugged computers, some of which do run Windows. Neither company offered much in the way of details, other than declaring that Itronix will pay royalties, but we've no reason to believe it's too different from HTC's arrangement. See the press release after the break for an excellent example of terse, unrevealing business-speak.
Dolby sues RIM over alleged patent infringement, seeks injunction in 7.1 surround
There's a new patent war brewing on both sides of the Atlantic, now that Dolby has filed a set of lawsuits against RIM. At issue is the audio compression technology RIM uses in its BlackBerry phones and PlayBook tablets. Dolby claims this intellectual property is protected under patents that several other smartphone makers have already licensed, and that RIM should be forced to do the same. The company's lawsuits, filed yesterday in both the US and Germany, seek financial damages and an injunction that would stop all sales of allegedly infringing products. RIM declined to comment on the suit, but we'll be sure to keep you posted as the battle unfolds. Head past the break for Dolby's press release.
New York Times, OpinionLab sue Lodsys seeking declaratory judgement
Indie developers turned to the Web hours after receiving warning letters from Lodsys last month, but larger devs took a more traditional approach, leaving the communication and finger-pointing to lawyers instead. Two such companies, the New York Times and OpinionLabs, came to light after filing suit against the patent troll yesterday, seeking declaratory judgements to invalidate Lodsys's patents. A nine-page complaint filed by NYT lists four Lodsys patents, including 7,222,078, which had previously been used to target smaller developers. NYT's ad click-through system and OpinionLabs' surveys were both also targeted, and if the suits are successful, Lodsys would be responsible for all legal expenses, and wouldn't be allowed to collect on its patents in the future. We spoke with Julie Samuels of the EFF, who explained that filing for a declaratory judgment could theoretically enable NYT and OpinionLabs to have trials held in California and Illinois, where the declaratory judgments were filed, instead of the Eastern District of Texas -- the notoriously plaintiff-friendly court where Lodsys filed its suit against seven devs on May 31st. Other devs who received letters but have not yet been sued can also do the same. The suits brought by NYT and OpinionLabs formally call the validity of Lodsys's patents into question, but unfortunately don't change the game for devs Lodsys already sued, who would still be responsible for licensing fees and other damages if the court determines the patents to be valid (and their apps to be infringing).
Microsoft loses $290 million patent battle, begins searching couch cushions
We've diligently followed the Microsoft v. i4i Limited Partnership patent dispute as it wound its way through the courts, and now comes the day of reckoning: by a unanimous decision, the US Supreme Court has upheld the patent-infringement finding against Redmond. For those of you just catching up, MS had been taken to court by Toronto-based i4i over a portfolio of XML-related patents -- patents it had already offered to license to the software behemoth. In court, Microsoft claimed it had not infringed and that the patents were invalid; a 2009 Texas court disagreed and awarded $200 million in damages. A subsequent appeal failed. Oh, and the government sided with i4i. Today's Supreme Court verdict upholds the lower courts' decisions: Microsoft Word is an infringing product, and the company now owes $290 million. The finding likely won't affect consumers, as the offending versions of Word are now obsolete. Still, $290 million isn't chump change, even for the world's largest software company. There's probably a joke in here about i4i justice, but we'll be dadblasted if we can find it.
Lodsys hits devs with lawsuit, $1,000 offer, and 1,000 words of eloquent prose
Are you sick of hearing from Lodsys? We know devs are, but the rather outspoken patent troll is at it again, hitting the blog to defend its good name. Hidden among today's posts is an announcement that the firm is taking the next steps with its accusations, filing a lawsuit against some of the developers it previously targeted and, get this, blaming Apple. It explains: "Lodsys chose to move its litigation timing to an earlier date than originally planned, in response to Apple's threat, in order to preserve its legal options." We're not sure which developers are targeted by this suit, specifically, but the firm has promised a $1,000 payment to each dev, "if it turns out that the scope of Apple's existing license rights apply to fully license you with respect to our claim relating to your App on Apple iOS." Devs may be tempted to spend that promised gift on a well-deserved vacation (or a WWDC conference pass), but with layers of LLCs protecting the man behind the curtain at Lodsys, we wouldn't be surprised it the firm disappeared before anyone sees a cent (or 99) of payment. Unfortunately, it appears that the saga continues, so if you've had enough of the patent troll, feel free to enjoy the rest of our content, Lodsys free. [Thanks, Andrew] Update: We've been told that the list of devs named in the lawsuit include: Combay, Iconfactory, Illusion Labs, Shovelmate, Quickoffice, Richard Shinderman, and Wulven Game Studios.
Lodsys shifts in-app purchasing target to Android devs following Apple response
We figured Apple's firm response to Lodsys earlier this week regarding its claims against iOS devs would prompt the patent holder to move on to its next target, and sure enough, it looks as if said target has been selected. Unfortunately, a group of Android app devs have now found themselves in the Texas-based company's crosshairs, which is citing the same patent infringement that Apple recently addressed, relating specifically to in-app upgrade purchases. As was the case with the last round of letters, Lodsys is demanding licensing fees from small, individual developers, who don't have the resources to fight back. Lodsys appears to be maintaining its trend of ignoring media requests, so we're keeping an eye on the patent troll's blog to see if anyone comes up to the surface to defend this latest round of allegations. In the meantime, plugging your ears while humming and ignoring the mailman might not be such a bad idea... you know, if you do this kind of thing for a living.
Apple responds to Lodsys infringement accusations, says developers are not responsible
Apple has responded to developers targeted by Lodsys, a patent holding firm that accused iOS devs of infringing on its intellectual property covering in-app upgrade purchases. In a letter from Apple dated today, the company claims that Lodsys's accusations are baseless, and explains that devs, or "App Makers," are "entitled to use this technology free from any infringement claims by Lodsys," because Apple has already licensed the technology on their behalf. Apple's response is firm, and as expected, the company is in full support of developers. Jump past the break for the full letter from Apple legal.
Why Apple is trademarking Thunderbolt and why Sony might be left out
Thunderbolt (formerly known as Light Peak) may have been developed by Intel, but it's Apple that's been snatching up all the trademark glory. The company first filed in November of 2010 in Jamaica, then followed up in February of this year by securing the rights to the name in Canada, before registering similar claims in Europe, China, and now the US. This raised some interesting questions about Intel's claim to be the exclusive trademark holder (see the more coverage link) and whether or not other companies would be able to use the Thunderbolt brand. Intrigued, we did a little digging and you'll find what we uncovered after the break.
Facebook granted patent for tagging digital media
It's taken the US Patent and Trademark Office four and half years to consider it, but Facebook now finally has a patent on one of its central features: photo tagging. Applied for in October 2006 and just granted this week, this legal doc gives Mark Zuckerberg and a couple of his buddies credit for designing a method for identifying users in "a selection of an item of digital media." That could be photos, video, audio, or text -- the main drive of the patent is that it lets people associate a given chunk of media with a person and inform others of this association. The wording of Facebook's claims is rather specific -- you have to, for example, allow the identified person the opportunity to reject the identification -- so having this patent need not necessarily preclude other sites like Flickr from engaging in similar, but not identical, behavior.
Lodsys vs. Apple Devs: EFF helps us dig deeper
The developers targeted by Lodsys's patent infringement accusations last week have been in a sleepless holding pattern, awaiting response from Apple before making their next moves. Electronic Frontier Foundation (EFF) staff attorney Julie Samuels says that Apple legal is likely hard at work reviewing the patent in question, however, and should be in touch soon. Though it's very unlikely that Cupertino won't offer assistance, devs will also be able to turn to EFF for advice, where they may even be paired with pro bono patent attorneys. Besides offering this bit of good news, Samuels was able to help us dig deeper into Lodsys, and the dirty business of patent suits. To get some perspective, we reached out to Lodsys CEO Mark Small and EFF (which tends to side with developers). We have yet to hear back from Mr. Small, but EFF was kind enough to give us its take on the situation. Click through for the full rundown.
Lodsys comments on iOS patent infringement, receives hate mail, death threats
We'd typically expect a plaintiff to remain mum with legal action pending, but in a bizarre twist, Lodsys has taken to its blog to defend its reputation -- or something. You may recall the patent holding firm's letter, sent to individual Apple iOS developers last week demanding licensing fees for a somewhat-obscure patent. Understandably, the letters and related coverage prompted a negative response from developers and supporters. Posts to the Lodsys blog may be in response to inappropriate emails received over the weekend, which include death threats and "hateful bile" sent to Mark Small, the firm's CEO. Click on through for full details.
Lodsys warns iOS devs, alleges in-app purchases infringe its patent
A handful of iOS developers received letters this week from a patent holding firm claiming that their applications that offer in-app purchases infringe on the firm's intellectual property (IP). The letter threatens legal action if developers don't license the patent within 21 days. Lodsys, the firm in question, has apparently patented a system that collects usage data and facilitates feedback between a customer and vendor, though it doesn't address financial transactions specifically. The allegedly infringing applications use Apple's in-app purchase tool to encourage users to upgrade to a paid version after downloading a free app. Though it's possible that Lodsys has sent a similar warning to Apple, only individual developers confirmed receiving the document. This makes us wonder if the company is skipping the well-armed big target in favor of the little guys. Several developers posted on Twitter after receiving the letters, including Patrick McCarron (Shanghai for iPad), James Thomson (PCalc), and Matt Braun (MASH). They're understandably unwilling to share too many details at this point -- even though Apple developed the framework, developers could still be liable. Lodsys appears to be in the business of launching suits referencing U.S. patent 7,222,078, having gone after Canon, HP, Samsung, and other giants earlier this year. As the developers that have come to light so far are independent, with limited budgets, some have reached out to Apple legal for assistance, and are awaiting response. We aren't seeing the connection between the patent and in-app purchases, though that's ultimately up to a federal court to determine, if the firm even files a lawsuit. Drama in its finest form, folks.
ITC judge rules against Apple in patent infringement case, Kodak smiles
The International Trade Commission has weighed in on one half of the ongoing Apple-Kodak legal saga, ruling in favor of the team from Rochester. In a decision handed down yesterday, ITC Judge Robert Rogers determined that Apple's allegations of patent infringement are unfounded, adding that one of the company's patents is invalid. At issue are two digital camera technologies owned by Apple. One allows a camera to process multiple photos at the same time, while the other enables users to simultaneously adjust an image's balance, color and resolution. Apple claimed that Kodak illegally used these mechanisms in its Z-series, M-series, C-series, and Slice cameras, in addition to some video cameras. Judge Rogers clearly disagreed, though he won't be able to publicly explain his reasoning until both sides have had enough time to review confidential documents. Rogers' decision will also be subject to review by the full ITC, which is expected to issue a yea or nay on September 19th. A Kodak spokesman said the company is understandably "pleased" by the decision, but it won't have much time to rest on its laurels. On May 23rd, the ITC will announce a decision in a patent lawsuit that Kodak filed against both Apple and RIM, way back in January 2010. Stay tuned.
Barnes & Noble says Microsoft trying to make Android 'unusable and unattractive,' has a point
At last, Barnes and Noble is defending itself against the Microsoft lawsuit filed back in March claiming that B&N's Android-based "e-reader and tablet devices" are infringing upon Microsoft's IP. A portfolio strengthened significantly thanks to that little Nokia partnership. We're not going to pick apart B&N's response in detail. However, we'd like to focus on this little nugget of FUD asserted by Barnes and Noble's legal team: On information and belief, Microsoft intends to take and has taken definite steps towards making competing operating systems such as the Android Operating System unusable and unattractive to both consumers and device manufacturers through exorbitant license fees and absurd licensing restrictions that bear no relation to the scope and subject matter of its own patents. Grrrowel. But B&N does make a good point about Redmond's intentions. Microsoft has been repeating the mantra that Android is not free for awhile now. In fact, Steve Ballmer told CNN just last year that, "there's nothing free about android... there's an intellectual property royalty due on that whether [Google] happens to charge for that software or not." A tack Microsoft (and Apple) has been keen to pursue through litigation with Motorola and a licensing deal with HTC. And this is only the beginning. Android: free like a puppy. Relive Steve's immortal words in the video after the break.
Nokia and Microsoft sign definitive agreement, bring Windows Phone handsets closer to realization
Microsoft and Nokia's industry-altering announcement of a strategic alliance back in February has today been bolstered with the signing of a definitive agreement between the two companies. In announcing the inking of the paperwork, the Microkia crew point out that they're already hard at work developing "a portfolio" of Nokia Windows Phone devices, which will be shipping "in volume" in 2012, but there's still a twinkling hope that they can get something out on the market in 2011. Nokia devs have started porting key applications and services to Windows Phone, with mapping and navigation getting a highlight mention, while there will indeed be a "Nokia-branded global application store that leverages the Windows Marketplace infrastructure." Notably, this is described as a single portal where devs can serve their apps to users of Windows Phone, Symbian and Series 40 devices -- it'll be interesting to see how they work out the details of that. There's also confirmation that Microsoft will pay Nokia multiple billions of dollars as part of the agreement, some of which will be spent on completing an intellectual property-sharing agreement between the two teams. So yes, the third ecosystem is well and truly on its way.
Apple sues Samsung: here's the deal
So we all know that Apple's suing Samsung alleging myriad IP infringements, but you may not know what all the fuss is about. On one hand, the lawsuit is surprising because Apple gets much of the goodies it needs to build its iconic iPhones, iPads, and Macs from Sammy, and common sense dictates that you don't bite the hand that feeds you. On the other hand, however, folks in Cupertino don't take too kindly to copycats, and while it's hard to put a dollar value on the brand equity Apple currently enjoys, this lawsuit shows it's valuable enough for Apple to risk upsetting its relationship with Samsung and jeopardizing its supply chain. Having given the court docs a good read, here's our rundown of what's going on. According to Apple's complaint, phones from Samsung (particularly the Galaxy S variety) and its Galaxy Tab are eroding the efficacy of Apple's carefully crafted brand. That brand is built, in no small part, upon the trade dress (aka the appearance and packaging) of its iDevices and its trademarked iOS icons, and Apple has spent over two billion dollars on advertising from 2007-2010 to stake out a little space in everyone's brain that associates the iPhone's looks and its progeny's derivative forms with Apple. It's worked quite well too, as Apple revealed (for the first time) in its complaint that it has sold over 60 million iPod touches, 108 million iPhones, and 19 million iPads total. Problem is, Apple views the Galaxy devices, their TouchWiz UI, and packaging -- with their Apple-esque appearance -- as illegal infringers on its hard-earned mental real estate, and it's suing Sammy to stop the squatting and pay for its IP trespassing ways. Of course, Apple isn't just dragging Samsung to court for cashing in on the iPhone image in our hearts and minds -- Jobs and company have accused Sammy of infringing several of their patents, too. Apple asserts that TouchWiz and the Galaxy S infringe upon its iOS home screen and iPhone 3G design patents. Additionally, the complaint says Samsung has run afoul of several Apple utility patents for: the iOS instant messaging interface, the "bounce back" effect you get upon scrolling too far in a list or window, control and status widgets, UI status windows that disappear a set time after being opened, and scrolling and ellipse multi-touch gesture recognition. In light of these alleged mass IP infringements, Apple's asking the court for preliminary and permanent injunctions to take Samsung's Galaxy devices off the market, in addition to the usual request for punitives, triple damages and lost profits. We've already heard that Samsung will "respond strongly" to Apple's show of legal force, but time will tell if Sammy's strong response comes in, or out of court. Those looking for a full breakdown of Apple's legal claims can hit the more coverage link below.
Apple spent nearly $5.7b on Samsung parts in 2010, faces 'strong' response to its patent suit
Want some numerical context to last night's revelation that Apple is suing Samsung Electronics for copying the iPhone and iPad? How does $5.7 billion sound? That's how much Apple spent on buying up parts from Samsung last year, according to the AFP, which cites the Cupertino company as Samsung's second-biggest client after Sony. Given the breadth of Samsung's component manufacturing, these expenditures can and probably do span everything from flash storage and RAM to processing chips to displays. What's fascinating here -- and illustrative of the psychopathic nature of corporations -- is that in spite of this massive interdependency, Apple's lodged a broadly worded patent assault on a major prong of Samsung's business (smartphones and tablets) and now Samsung's been quoted as saying it has "no choice but [to] respond strongly." A company official has apparently expressed the belief that Apple may be infringing on some of Samsung's wireless patents, which means we can probably look forward to another fat batch of papers being submitted to the Northern District of California court. Lovely.
