IntellectualProperty
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Skyhook sues Google for patent infringement... again
Last time Google found itself in court proceedings opposite Skyhook, it was facing anticompetitive and IP legal claims for forcing Android OEMs to use Google's location services. Yesterday, Skyhook filed a new complaint alleging that Google is infringing nine of its patents. FOSS Patents reports that the IP in question is, like last time, all about geolocation technology. The patents cover various aspects of a WLAN-based positioning system, and all but one of them were granted after the prior lawsuit, hence the new legal action. We've yet to hear Google's side of the story, but you can take a peek at Skyhook's airing of grievances at the source below.
Apple wins injunction against Motorola in Germany over 'rubber-banding' patent
Hope and pray all you want, but the patent wars are far from over. The latest chapter in the ongoing game of IP Risk hands Apple a victory over the Google-owned Motorola Mobility in Germany. If you thought the recent licensing deal would put the kibosh on further flare ups between the two, you were sadly mistaken. The Munich I Regional Court awarded Cupertino an injunction against Moto devices over the so-called "rubber-banding" patent, which relates to the bounce back animation when scrolling to the bottom or top of a list. The fate of infringing phones isn't set in stone yet, as there's still room for appeal, though, a €25 million bond would score Apple an enforceable preliminary injunction. One relatively simple solution would be for Moto to implement the stock Android "glowing" animation, which would bypass Apple's claims. Though, an even better solution would be for all parties involved to quit their bickering over patent minutia and focus on making the best products possible.
Apple adds form to report intellectual property infringement on the App Store
Apple has added a site that allows iOS developers to report intellectual property infringement, The Next Web reports. Those who report infringement will be provided with a reference number, and contact with the maker of the disputed app will be given to the person who reported the infringement. Apple says contact with the App Store's legal team should be made by email from that point forward with the reference number. Other iTunes copyright infringement can be reported through another site. Hopefully, this will make it easier to cut down on the amount of ripped-off apps that appear in the App Store. Companies such as RealMac Software and Breaking Art have had near-cloned versions of their apps appear this year.
Tim Cook and Larry Page reportedly chat about patent war
According to Reuters, Tim Cook and Larry Page have been having behind the scenes chats over the last week or so, most notably about the ongoing patent proxy war between the two companies. According to sources, the Apple and Google CEOs spoke last week over the phone and are planning a meeting where, hopefully, they can hash out some of their differences. Discussions are also apparently taking place at lower levels, which could indicate this is a concerted effort to put to rest the tiresome battles over intellectual property. Unfortunately, details about what exactly the two talked about, and how broad those conversations were are unknown. But, it's definitely a good sign that the two sides are talking. Perhaps the relatively new corporate heads can avoid going completely "thermonuclear," as Cook's predecessor infamously threatened. Update: All Things D has gotten confirmation from its own sources, and points out that Google is "wearing several hats here," including one as the owner of Motorola Mobility, which is currently suing Apple. However, we're still holding out hope that the licensing deal struck between those two companies is a sign of better days to come.
Breaking down Apple's $1 billion courtroom victory over Samsung
With a 20-page verdict form and 100 pages of instructions to explain it, many figured it would take longer for the jury to render a decision. But, the tech trial of the century has concluded, with Apple scoring a not-quite-flawless victory over its rival Samsung. While the company didn't win on every count, its cadre of lawyers did convince the nine jurors to award Apple over $1 billion in damages for Samsung's IP transgressions. Join us after the break and we'll hit you with the legal math that gave Apple a ten-figure bump to its bottom line -- and served as a shot across the bow of every other mobile phone manufacturer.
Apple and Samsung finish closing arguments, jury to decide their fate
It's just one among many, but the headlining case in the Apple v. Samsung global war is finally drawing to a close. Today, each party attempted to persuade the jury of nine one last time with their closing arguments, and with the rebuttals complete, it is time for deliberation. Starting at 9AM tomorrow morning, the jury's job is to sift through the mountains of evidence proffered by each side, decipher the verdict form provided and reach a unanimous decision on the patent and trade dress claims at issue. Will Apple emerge victorious or will Samsung's arguments carry the day? Could a hung jury and a mistrial be the result? Tune in tomorrow (and maybe the next day, and the next...) to find out.
Samsung's defense against Apple patents begins with DiamondTouch table, LiveTile UI prior art
Samsung may have convinced Judge Koh to toss a few international handsets out of Apple's lawsuit, but the Korean firm still has Cupertino's patent licensing accusations to contend with. Their tactic? Convince the court that Apple's claim to the inventions are invalid, and that the technology was developed prior to the disputed patent's filing. It's called showing "prior art," and Sammy's done it before -- famously showing a scene from 2001: A Space Odyssey in an attempt to put Apple's iPad design claims to rest. Today's examples were more grounded in reality, focusing on debunking Cupertino's claim to the "bounce back" effect that happens when a user reaches the end of a page and common multitouch zoom / navigation gestures. Samsung pitted the famous "bounce back" feature against an old PocketPC interface called LaunchTile, which allowed users to navigate through 36 applications by zooming in and out and a panning across a grid-like "world view" of said apps. Movement between grids snap to each zone, marking the end of a page. Apple shot back, noting that LiveTile's snapping navigation didn't work on diagonals, and cited other differences as well. Samsung wasn't deterred, however, and brought out DiamondTouch, a projector based multitouch table that utilized both one touch scrolling and pinch-based zoom gestures. The table even takes aim at the aforementioned bounce-back patent with a technology called TableCloth, which bounces back images that are pulled off screen. DiamondTouch's creator, Adam Bogue, told the court that he had demoed the technology to Apple privately back in 2003, noting that it was also available to anyone who visited the Mitsubishi Electronic Research Laboratories' lobby. If the jury takes to Samsung's claims of prior art, it could severely cut Apple's claims against it. Even so, Cupertino's lawyers aren't going down without a fight, and still have a number of navigation and design claims that Samsung hasn't addressed. The two parties are expected to keep up the fight for about a week, we'll keep you posted on the inevitable revelations as they come.
Microsoft licensed design patents at issue in Apple v. Samsung, Surface lovers breathe sigh of relief
Last week, we found out about Apple's offer to license a bundle of IP -- including its iPhone and iPad design patents -- to Samsung back in 2010. Today, Reuters reports that Apple proposed a similar deal to Microsoft, and the folks in Redmond took them up on the offer. Details of the license itself are scarce, but the deal did, naturally, include an provision expressly prohibiting iDevice copies. So, for folks figuring that Microsoft might face a litigious future similar to Samsung's, think again. Looks like Ballmer and friends had the foresight to buy the rights to those rounded corners, edge-to-edge glass and black bezels on their forthcoming Surface tablets.
Vringo buys small Nokia patent portfolio as asset sell-off continues
Nokia's sale of the century hour continues, selling off a small intellectual property portfolio to Vringo. The little-known app maker has snapped up a bundle of 500 patents and applications from the Finnish phone maker, including 109 issued US Patents. The collection mostly concerns backbone tech, including communication management, signal transmission and cellular infrastructure. Neither company mentioned a figure, but Vringo revealed that Nokia's getting a chunk of any future profits made. There's PR after the break if you're curious enough to wonder if Stephen Elop's planning the mobile phone equivalent of a yard sale.
Apple patents iOS 5's exposure metering based on face detection, keeps friends in full view
Many photographers will tell you that their least favorite shooting situation involves a portrait with the sun to the subject's back: there's a good chance the shot ends up an unintentional silhouette study unless the shooter meters just perfectly from that grinning face. Apple has just been granted a patent for the metering technique that takes all the guesswork out of those human-focused shots on an iOS 5 device like the iPhone 4S or new iPad. As it's designed, the invention finds faces in the scene and adjusts the camera exposure to keep them all well-lit, even if they're fidgety enough to move at the last second. Group shots are just as much of a breeze, with the software using head proximity and other factors to pick either a main face as the metering target (such as a person standing in front of a crowd) or an average if there's enough people posing for a close-up. You can explore the full details at the source. Camera-toting rivals, however, will have to explore alternative ideas.
Nokia completes acquisition of Scalado's imaging tech and developers
It's taken just over a month for Nokia to get everything in place, but its now announced that around 50 "world-class imaging specialists" have joined Espoo's already substantial mobile imaging department, alongside a stack of Scalado's technologies and intellectual property. The imaging specialist's co-founder, Sami Niemi, who will now head up the Capture and Relive section of Smart Devices at Nokia, said: "The technologies and competences we've developed should help move from taking photos to capturing memories and emotions." (We're sure those hulking PureView sensors will help too.) Take a look at Nokia's brief statement on its future in mobile imaging after the break.
HTC files two counterclaims against Apple in Florida
Today's exciting patent infringement news of the day comes courtesy of Computerworld, which reports that HTC -- which is being sued for patent infringement by Apple along with Motorola Mobility -- filed a counterclaim yesterday before a court in Florida. In its filing, HTC said that it had been assigned all rights, title and interest of a patent titled "Installation of network services in an embedded network server" that was originally assigned to HP. It said the same for another patent, "Method and system for central management of a computer network" that was assigned to Electronic Data Systems (EDS), which was acquired by HP in 2008. Both patents were apparently licensed or sold to HTC through HPs program for selling intellectual property. Yes, you too can license or buy these patents, then go to court to sue anyone who seems to be even partially infringing on HP's your intellectual property rights. HTC, which to my knowledge has never sold a server or any server administration tools, is claiming that Apple Remote Desktop, Apple Profile Manager, and other products infringe on the former EDS patent it now owns. It's also claiming that the "embedded network servers" exist in iOS and OS X in the form of services such as Newsstand, and that Macs and various versions of the iPhone and iPad are infringing on that HP patent. Excuse me, I'm going to Kickstarter a fund to license a bunch of HP patents and sue the pants off of HTC. It's a "quietly brilliant" idea, isn't it? Be right back...
Facebook and Yahoo! friends again, agree to patent cross-license
And so, the Facebook v. Yahoo! courtroom tussle has come to an end. The two Silicon Valley giants have agreed to a legal truce and cross-licensed a bit of each other's IP, meaning that's one less legal donnybrook we have to worry about upsetting consumer sensibilities. Not only have the two settled their differences over their respective advertising and social networking patents, but they've also agreed to an ad sales partnership, too. Now, if only all those other, myriad tech litigants could amicably settle their differences with such alacrity. Perhaps they should all take a gander at the PR after the break to see how it's done.
Sony patents exercise music system that adjusts music to your work-out tempo
While our bodies approach beach-readiness for the summer, Sony's unveiled plans to tinker with your gym playlist in the future. According to a patent granted today, the electronics manufacturer aims to closely tie the tempo of your music to your own physical exertions. It'll do this by using a nefarious-sounding (but ultimately vague) "exercise information analyzing circuit" that will pick up on tempo differences between the user and their favorite Pendulum tracks. It will then change the "music data" for something a little more fitting for your 10-minute trudge at 10 percent incline. The patent's sketches include the idea of personalized profiles for users, and displaying what you got done at the end of the session, broken down by tempo and duration. The technology could end up in PMPs or phones, although we reckon the latter has more legs. Give your legalese its own workout and peruse the laborious wording of another patent filing at the source below.
InterDigital sells nearly 2,000 wireless patents to Intel, pockets $375 million
InterDigital (we interviewed its CEO last week) is selling off around 1,700 wireless patents and applications to Intel for $375 million. The company is making good on its promise to monetize its vast portfolio of IP, including technologies relating to 3G, WCDMA, HSDPA, HUSPA, LTE and 802.11 WiFi connections. It's a short in the arm for Intel's burgeoning wireless arm, which recently outed its first handset, the San Diego. It'll also strengthen the hand of the company in any litigation relating to the technology should the lawyers come knocking. So far it's not clear if the company is retaining an interest in the files its sold off, but we've reached out for comment and will let you know when we do. Update: The company let us know that it's not retaining any interest in the patents that it's selling off. It also mentioned that the 1,700-strong portfolio equates to around eight percent of the company's overall IP holdings -- a number that it generates roughly every 18 months.
Cher Wang: HTC will grab as many patents as it can
HTC co-founder and chair Cher Wang has said that her company plans to register and buy a host of patents in order to maintain parity with its competition. Speaking at the firm's 15th anniversary party, she said that despite being unable to use S3 Graphics' patents in ongoing litigation, the company will register and purchase patents in a variety of "different fields." It looks like we can expect to see a lot more filings at the USPTO in the future, and perhaps a few more buyouts along the way. [Image Credit: WSJ / Zuma Press]
Google grows IP arsenal with mobile patents from Magnolia Broadband
In the tech industry, you're only as safe as your latest batch of patent procurements. And Google, stuffed with billion dollar coffers, is only too happy to comply. Neatly paired with its recently wrapped Motorola acquisition, the Mountain View-based company's just expanded its intellectual property holdings with a portfolio related to mobile RF uplink solutions. Formerly the property of Magnolia Broadband, the outfit's "beamforming" tech will now undoubtedly aid the search giant's in-house manufacture of smartphone and tablet devices -- likely those of the Jellybean sort. No financial details of the transaction have been disclosed at this time, but you can bet your bottom dollar the price of this innovation didn't come cheap. Über-brief PR after the break.
Outspoken Harvard professor Jonathan Zittrain to head FCC's open internet advisory panel
The FCC has created a new forum for corporations, experts and activists to scrap over web laws: The Net Neutrality Advisory Committee. Members have been tasked with "tracking and evaluating the effects of the FCC's Open Internet rules," as well as making policy recommendations. The new group is to be led by Harvard professor and long-time defender of an open internet, Jonathan Zittrain, whose appointment echoes that of Tim Wu -- another expert in a senior advisory position over at the FTC. Harvard University is no stranger to what can go wrong when open access is stifled, so perhaps the good professor can shake things up a bit.
Intellectual Ventures' Nathan Myhrvold defends patent trolling, calls tech industry immature
Intellectual Ventures' CEO and founder Nathan Myhrvold, who previously spent some 14 years at Microsoft Research, took the stage here at D10, and as predicted, his interview with Walt Mossberg was quite the invigorating one. You may know the man and his company for its vicious patent trolling -- or, what appears to be patent trolling. In essence, a lot of its business comes from acquiring patent portfolios, and then licensing and / or suing companies to "enforce" them. Naturally, Nathan has a radically different perspective than most sane individuals on the matter, insisting that the system isn't necessarily broken, and that "making money from enforcing patents is no more wrong than investing in preferred stock." The talk centered predominantly around how Intellectual Ventures operates, what it does, and if its CEO feels that the "rat's nest of lawsuits" -- as Walt put it -- was getting out of control. Despite saying that his company has hundreds of people working on new inventions to help deliver medicines in Africa (in response to a question from the crowd on whether his outfit was truly helping people), he confessed that suing to enforce patents was simply another method of capitalism working. Care to take a ride on the crazy train? Head on past the break for a few choice quotes from the interview.
Apple wins iPhone5.com domain name
Apple's attempt to wrest control the iPhone5.com domain name from the hands of a cybersquatter has been a success. TheNextWeb reports that the company's complaint to the World Intellectual Properties Organization (WIPO) resulted in the iPhone5.com domain being handed over to Apple. The fact that the company has re-obtained the domain name doesn't necessarily mean that the next iPhone will be called the iPhone 5, nor that Apple will ever use the domain name. In fact, the domain is currently being held by Corporation Service Company, a firm that specializes in brand protection and may have been used by Apple to grab ownership. In the world of intellectual property law, it is considered vital for organizations to actively protect trademarks. In this case, the domain had been registered in 2008 by a group that operated an online forum. While registering the domain, the former owners noted that "it was not endorsed, sponsored, nor otherwise affiliated with Apple" and was "for the sole purpose of entertainment and knowledge." Apple hasn't been as aggressive in protecting other domain names. It does not own iPad.com, and hasn't attempted to take control of the name. Apple did manage to acquire iPods.com after a protracted battle, but doesn't own iBooks.com (publishing rival Barnes & Noble does) or iBookstore.com. With all of Apple's intellectual property battles raging around the world, it must feel good to win a small skirmish like this.
