IntellectualProperty
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Hong Kong court allegedly sides with Apple in iPad name dispute
If you've been following the latest bub around the hub, you may remember Apple's recent scuff with Shenzhen-based Proview Technology -- the Chinese outfit that holds the local trademark on the name "iPad." Not only did Apple lose a trademark lawsuit for the iPad name, but some time later mainland government had the slabs removed from retailers in the city of Shjiazhuang. Now, Apple's claiming that a Hong Kong court has sided with it in a similar battle, saying in a statement to China Daily that they purchased "Proview's worldwide rights to the iPad trademark in 10 different countries several years ago," referring, perhaps, to the deal they made Taiwanese arm of the company, "Proview refuses to honor their agreement with Apple." Xie Xianghui, Proview's lawyer, shot back with his own statement, explaining that the court merely ruled that the trademark couldn't be sold to a third party before hearing ends, claiming that this move does not count as a ruling in Apple's favor. Xie went on to suggest the issue stemmed from Apple underestimating the legal complications of doing business in China.
Apple v. Samsung: Cupertino's latest complaint alleges 17 devices infringe 8 of its patents
We were waiting for the details of Apple's new lawsuit in its global battle against Samsung, and now that the court has posted the complaint, we have them. These fresh allegations claim Sammy has... you guessed it, infringed upon Apple's intellectual property. Turns out, there are eight patents at issue, with four of the patents in question having been granted since the last time Apple filed suit against the Korean firm. Among these are patents for missed call management, slide-to-unlock and data-syncing technology. Apple isn't just targeting the Galaxy Nexus with this suit as previously thought, either. In fact, at least 17 devices are alleged to have infringed, including all the US Galaxy S II variants, both the Galaxy Player 4.0 and 5.0, the Galaxy Tab 7.0 Plus and Galaxy Tab 8.9. So, should the Northern District of California decide to grant Apple's request for a preliminary injunction, a hefty chunk of Samsung's mobile products will be barred from store shelves here in the States. It'll be a bit before we hear Sammy's side of the story, but for now, you can see all of Apple's latest legal arguments below.
US Dept. of Justice approves Apple's purchases of Nortel, Novell patents
Yesterday, the U.S. Department of Justice Antitrust Division closed its investigations into three major acquisitions that were pending, opening the door to completion of these acquisitions by the companies involved. For Apple, the acquisition of patents from Nortel Networks Corporation and Novell Inc has been green lighted, clearing the way for the company to finalize the purchase of intellectual property. Apple, Microsoft, RIM and some other players had joined together as "Rockstar Bidco" to acquire patents at the June 2011 Nortel bankruptcy auction. Nortel had a portfolio of approximately 6,000 patents and patent applications, including many "standard essential patents" that the new owners will be able to license to other "industry participants." What makes standard essential patents so valuable is that they become part of industry standards (e.g., 3G, 4G, Wi-Fi) and must be licensed by manufacturers who wish to create compatible devices. Apple is also acquiring patents that were formerly owned by Novell and were acquired on behalf of Apple, Oracle, and EMC Corporation in April of 2011. It doesn't appear that Apple will be able to pull in license fees for these patents, as Novell had committed to cross-license the patents on a royalty-free basis for use in the "Linux system." A third part of the DOJ announcement could affect Apple indirectly. The DOJ has now cleared the way for Google to acquire Motorola Mobility, which not only manufactures smartphones and tablets but also holds a portfolio of "approximately 17,000 issued patents and 6,800 (patent) applications." Once again, there are hundreds of "standard essential patents" that Google will be able to license to other companies.
German court has dismissed Motorola's patent lawsuit against Apple
In the slugfest between Apple and Motorola Mobility, the Cupertino company has won a round in the German courts. A judge in the Mannheim Regional Court dismissed the Motorola Mobility (MMI) lawsuit against Apple over a patent considered essential to the 3G/UMTS standard. In a typically well-written and extremely detailed look at the case by FOSS Patents, intellectual property analyst and blogger Florian Mueller noted that MMI didn't present conclusive evidence for its contention that Apple was infringing on a key 3G/UMTS patent. MMI's argument has been that "any implementation of 3G/UMTS must inevitably infringe this patent claim," rather than demonstrating that Apple's infringing products actually use the invention. MMI didn't show that Apple was using any actual implementation of the patent; instead, they argued on the basis of the specifications of the standard. MMI declared the patent to be essential, while the court found it to not be essential, meaning that the judge thinks that Apple could be able to implement the standard without infringing on the patent. MMI isn't worrying too much about this specific patent lawsuit, though. They have other similar lawsuits that are still making their way through the court system, and have won other patent claims. Mueller notes that "it takes only one bullet to kill," and that winning a key patent infringement lawsuit could still force Apple and other manufacturers to pay the 2.25% of net selling price "ransom" that will fatten MMI owner Google's pockets over time. To see more detail about today's win and the complex set of lawsuits that are churning through courtrooms around the world, check out the original FOSS Patents post here.
Apple ban on original Samsung Galaxy Tab 10.1 stands in Germany
Apple achieved a quasi-victory today in the ongoing intellectual property battles with Samsung when an appeals court in Dusseldorf, Germany upheld Apple's requested preliminary ban on the Galaxy Tab 10.1. The court's decision also covers the Galaxy Tab 8.9, but not the Galaxy Tab 10.1N -- the version of the tablet that Samsung tweaked slightly to get around its similarity to the iPad. A decision on the 10.1N is expected on February 9, 2012. Why is this a partial victory for Apple? Well, the ban was upheld not on Apple's design rights, but a breach of German unfair competition laws. That weakens Apple's assertion that the Galaxy Tab 10.1 and 8.9 models blatantly copied iPad design features. In addition, this verdict is limited to Germany alone and does not apply to other European Union member states. The Netherlands rejected a previous ban on the Galaxy Tab 10.1 just last week, and if the 10.1N and other lightly-modified tablets remain on the market, it indicates that competitors don't have to make a lot of modifications to iPad copies for them to stay on the market. However, all is not lost for Apple. Samsung is losing its claims on 3G patents in Germany, and was also recently the target of an EU investigation regarding alleged abuse of those patents. This is the year that many of the worldwide patent lawsuits that Apple and Samsung are embroiled in should reach resolution in the courts.
Intel bolsters video patent portfolio with purchase from RealNetworks
Silicon juggernaut Intel has inked a multi-million dollar deal with RealNetworks, agreeing to purchase scores of video-related patents and annex an entire software team. Specifics of the accord have Intel shelling out $120 million in exchange for 190 patents, 170 patent applications and a video codec development squad. In addition, the two companies have signed a "memorandum of understanding," agreeing to collaborate on future development of the licensed software. RealNetworks states that the sale "will [not] have any material impact on its businesses" and it will retain "certain rights" to the sold technologies. Intel says the sale will improve its ability to "offer richer experiences and innovative solutions [...] across a wide spectrum of devices." The full PR is queued up for you after the break.
Eye-Fi CEO slams SD Association's eerily similar Wireless SD card standard, says his IP is being violated
Yuval Koren is not pleased. For those unaware, he's the CEO of Eye-Fi, the company that has practically written the rules on embedding WiFi into SD cards. If you blinked last week, you probably missed the SD Association's announcement that it had created a new Wireless LAN SD standard that would effectively give just about anyone the ability to add Eye-Fi abilities to their SD cards. As it turns out, Eye-Fi's none too pleased about it, and Koren has gone so far as to publicly admit that the standard is seriously infringing upon highly valuable Eye-Fi technology. To quote: "As [the SDA's standard is] currently written, essential Eye-Fi patented technology would be violated by anyone implementing this draft specification." Bold.He goes on to explain that his company has invested "tens of millions of dollars and several years to create unique technology that lets people wirelessly transfer photos and videos directly from their camera and mobile devices," and calls the SDA protocol "flat out misrepresentation." He's effectively calling for the SD Association to either pony up and license Eye-Fi's tech, or scrap the "standard" and rewrite it using something else altogether. The full letter is posted up after the break, with absolutely no elation to be found.
PIPA and SOPA votes pushed back in the face of overwhelming opposition
In the face of overwhelming opposition from just about every major technology company and the general public, the US Senate and House have decided to delay votes on the anti-piracy bills known as PIPA (Senate) and SOPA (House). Majority leader Harry Reid and Judiciary Committee Chairman Lamar Smith both announced that upcoming work on the acts would be delayed, "until there is wider agreement on a solution." While both have said that concerns over piracy must be addressed, it seems unlikely that they or any other politician will be rushing to revive the would-be laws after very public protests from Google and Wikipedia and the reported deluge of phone calls and emails that hammered offices at the capital Wednesday. The fight over intellectual property rights and fair use is far from over but, as the sibling bills face yet another delay, it's beginning to appear as if SOPA and PIPA's days are numbered
Supreme Court rules public domain isn't permanent, says Congress can re-copyright some international works (update)
If you've been enjoying the fireworks over PIPA and SOPA these past weeks, get ready for more intellectual property ugliness. The US Supreme Court handed down a decision in Golan v. Holder Wednesday granting Congress the power to restore copyright claims on works that had entered the public domain. The six to two decision (with only the conservative Samuel Alito and liberal Stephen Breyer dissenting) was issued primarily with an eye towards bringing the country in line with an international treaty known as the Berne Convention. The plaintiffs in the case included orchestra conductors, educators, performers and archivists who rely on public domain works such as Fritz Lang's Metropolis and compositions from Igor Stravinsky. Many orchestras, including that of lead plaintiff Lawrence Golan, will now be forced to stop performing works that are a regular part of their repertoire due to licensing fees. Hit up the more coverage link for the complete (PDF) decision.Update: To be clear, this decision upheld a statute granting copyright protection to a bundle of international works that were placed in the public domain (and therefore denied copyright protection) under previous US laws.
Microsoft, Alcatel-Lucent settle decade-old patent spat
It's no secret that Alcatel-Lucent and Microsoft have a long and somewhat litigious relationship, but today the two companies are letting bygones be bygones. CNET is reporting that A-L and MS have reached a "confidential settlement" in a patent dispute dating all the way back to 2002. Originally targeting Dell and Gateway, then-Alcatel alleged that information entry techniques used by Microsoft Outlook, Microsoft Money and Windows Mobile violated a portion of its patent portfolio. Microsoft stepped in on the OEMs' behalf, and in a 2008 ruling, a court granted the newly formed Alcatel-Lucent over $350 million in damages -- subsequently reduced to $70 million in July of 2011 and further reduced to just over $23 million upon appeal. The final settlement is, as we said, unknown, but a Microsoft spokesperson was quoted as saying the deal is "to the satisfaction of both parties." No word on when the two will file their next multimillion dollar blockbuster lawsuit, but apparently both counsels will be sleeping easy tonight.
Kodak says smile Samsung, you're being sued for infringing five digital imaging patents
Kodak's been in a bit of a financial bind lately, and has been exploring various options to maximize profitability and get its balance sheet back in the black. After recently filing actions against Apple and HTC in the International Trade Commission, Kodak's legal team now has Samsung in its sights. According to a press release, Kodak has filed a federal suit in the Western District of New York alleging that several Sammy slates are infringing five of Kodak's digital imaging patents. The patents in question claim various image capture and transmission technologies, from taking and sending images via email to transferring digital pictures over a cellular network. We haven't gotten a peek at the complaint just yet to see which devices allegedly run afoul of Kodak's IP, but you can find the five patents in question in the PR after the break.
Apple patents clothes that track how you wear them, tell you when it's time to update your wardrobe
There's a huge problem with working out that has yet to be solved: when, precisely, do our workout clothes become too worn to wear anymore? Apple knows we can't be wasting endless minutes looking for holes and tears in our shirts and pants, so it's just obtained a method patent to let you know when your gear is past its prime. The patent claims sensor-equipped garments that can track how you use them, report that info back to a central database and alert you when the clothing has reached "its expected useful lifetime." (Read: it's time to buy some new, undoubtedly more expensive gym clothes.) This latest bit of IP doesn't just cover clothing either, Cupertino's claiming the same method for running shoes, too. The footwear bit also provides real-time feedback that compares your current running style to an established profile to keep your workouts consistent -- useful feature, that, though we can't imagine such iShoes would make the folks in Niketown too happy. We're not sure how Apple aims to make the needed wearables equipped with embedded electronics, but we can offer you plenty of typically broad patent legalese explaining the system that'll get you buying them at the source 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.
Elmer-DeWitt: Apple in "no hurry" to settle iPhone patent lawsuits
To Apple-watchers -- in particular tech bloggers -- it seems like Apple is taking forever to settle the lawsuits that are pending against Samsung and other smartphone manufacturers for allegedly infringing on the company's intellectual property. On Fortune's Apple 2.0 site today, long-time Apple analyst Philip Elmer-DeWitt explains why a slow, measured march through the patent courts of the world might work out to the company's advantage. Elmer-DeWitt cites a recent analysis by Deutsche Bank's Chris Whitmore that outlines four possible outcomes to Apple's legal attack against the Android ecosystem: A settlement, with a per-unit license fee paid to Apple; a "more favorable outcome" where Apple is able to have certain features removed from Android handset or can limit the distribution of Android phones, resulting in capturing 25 percent of Android's future market share; neutral with no winner; and Apple loses and must pay a counter claim to Android manufacturers. As Elmer-DeWitt notes, Whitmore apparently doesn't think outcomes 3 and 4 are very likely, as he spends the majority of his analysis trying to figure out just how much Apple could reap from the first two outcomes. Whitmore thinks that a license fee could cost competitors about US$10 per handset, which would add about $35 to the value of each share of Apple stock. However, if Apple holds out and fights for outcome 2, it could easily a growth in share price closer to $260 per share. That's why Whitmore believes that "Apple is unlikely to settle cheaply." His advice to investors? Hold tight and let the legal drama play out, as investors are "gaining exposure to a potentially very lucrative favorable IP outcome for little or no cost."
Transformer Optimus Prime wants his name back, right now preferably
In a cunning bid to remind the adult world of its long-lost childhood, in which even the most vacuous fictional characters could somehow seem magical, Hasbro has suddenly decided to sue ASUS over its 'Transformer Prime' branding. It doesn't matter that the Transformer Prime really does transform -- you know, in real-life -- or that it exists in a non-competing market, or that the latest Transformers movie was a complete waste of everybody's time. Nope, Hasbro still feels the need to "aggressively protect its brands and products" from illusory enemies, and it's fully prepared to threaten ASUS with a sales injunction until some sort of conciliatory gesture appears on its bank statement. If this lawsuit takes hold -- please, not another Düsseldorf -- then we promise that our future children will never buy, watch or touch a single Hasbro product. Except maybe that R2-D2 version of Operation, which is pretty sweet.
ITC judge issues initial ruling that Motorola infringes Microsoft patent
Well, it's a busy holiday week for the International Trade Commission. The agency just announced an initial ruling that Motorola infringed on four claims of Microsoft patent number 6,370,566, which deals with "generating meeting requests and group scheduling from a mobile device," but not the six other patents that were part of last year's ITC complaint. This is an initial ruling by an administrative judge at this point, unlike yesterday's judgement issued by the ITC, which theoretically banned the sale and import of some HTC phones beginning in April 2012. There's certainly more to come in this particular intellectual property saga, however, so stay tuned. Update: The spin cycle is on full blast, as Motorola has just issued a downright bizarre press release celebrating the fact that it was cleared on six of the seven patents. Evidently, that's enough for a mega-corp to holler "victory!"
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.
SOPA hearings underway, tech policy wonks can stream it live
Like any good tech geek you're probably at least interested in, if not a little concerned by SOPA -- the Stop Online Piracy Act. Well, today is its day in front of the House Judiciary committee. While this is hardly the last stop on the road towards becoming a law for the bill it is one that will be crucial in deciding its fate. Will it be toothless and unenforceable? Simply die in committee? Or will this become a powerful new tool in the battle against piracy? If you're the really wonky type hit up the source link to watch a live stream of the debate.[Thanks, Tyler]
Watson now hunting down patent trolls, plans Ken Jennings' elaborate demise
The Watson supercomputer used its speech recognition, natural language processing, machine learning and data mining abilities to crush puny human Ken Jennings' dreams of winning at "Jeopardy!", but now Big Blue has it chasing down medical patent trolls for fun. Incorporating the Strategic IP Insight Platform, IBM has now programmed Watson to scan millions of pharmaceutical patents and biomedical journals to discover, analyze, and record any info pertaining to drug discovery. SIIP can then look for the names of chemical compounds, related diagrams, the company and scientist who invented and works with the compounds and related words to determine a patent's rightful owner. The SIIP function can also highlight which patents could be targeted for acquisition by trolls looking to control a property via a lawsuit or licensing agreement. Click past the break for a video outlining the project, along with Watson's announcement of its engagement to "Skynet".
Chinese court rejects Apple's claim to the iPad name, faces potential sale ban
Before starting to sell the iPad in China last year Apple attempted to trademark the name in the country, but that request was rejected since it was already owned by Shenzhen-based Proview Technology. Apple reached an agreement with the Taiwanese arm of the company for global rights to the moniker, but the Chinese unit, which owns the trademark in that particular country, wasn't so willing to hand over the deed. Apple sued, but the Shenzhen Intermediate People's Court rejected Cupertino's claim to ownership earlier this week and now the iPad manufacturer finds itself on the wrong side of a battle over intellectual property rights. Proview Technology has targeted resellers in Shenzhen and Huizhou, demanding an immediate halt to the selling of the iOS tablet. If successful the company plans to expand its quest for an iPad ban to the rest of China. Obviously, Apple can (and likely will) appeal the decision, but we're interested to see how this one shapes up.
