IntellectualProperty
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Visualized: Steve Jobs and his patents, as showcased by the USPTO
The United States Patent and Trademark Office put together something special this month for a new exhibit honoring Steve Jobs and the influence he's had. The row of iPhone-like monoliths you see above is now in the atrium of the agency's offices in Alexandria, Virginia (also home to the National Inventors Hall of Fame and Museum), and they're being used to display the more than 300 patents that have Steve Jobs' name on them -- something the USPTO's David Kappos says provides a "striking example of the importance intellectual property plays in the global marketplace." Those interested in checking it out first hand can do so anytime between now and January 15th, free of charge. [Image courtesy MacRumors]
IPCom to enforce injunction against HTC, ban sales of its 3G devices in Germany
HTC's had a rough go of it in the legal arena this year, and the company just got hit with another judicial setback in Germany. Patent holding firm (read: patent troll) IPCom was granted an injunction in 2009 against HTC based upon HTC's devices alleged infringement of an IPCom patent on UMTS 3G technology. HTC appealed that injunction in 2009 to suspend its enforcement, and today the German court upheld the previous decision. With the injunction back in full effect, IPCom plans to seek sanctions against the Taiwanese firm and ban the sale of its devices in Deutschland. So, that means HTC will have to pony up the cash to license the IP in question or leave lots of Beats fanatics disappointed come Christmas morning.
Apple and Samsung's patent battle draws concern from EU Competition Commission
It appears that Samsung and Apple's never-ending game of patent Risk is beginning to draw concern from government regulators. The European Union's Competition Commission is investigating the companies' various disputes out of a growing worry that the war could be stifling competition in the mobile market. The agency's commissioner, Joaquin Almunia, has request information about the patents in question from both companies, though he has yet to receive a reply. Almunia was careful to point out that this is hardly the only example of a potential abuse of intellectual property rights to distort the market, but with more than 20 cases in 10 countries it's certainly one of the largest and most high profile. If the commission chooses to pursue legal action both Samsung and Apple could be fined up to 10 percent of their annual revenue. Maybe under threat of such hefty fines, the two competitors will put aside their differences and actually compete... you know, in the marketplace instead of in the court room.
French President Nicolas Sarkozy wants to create music with a tax on ISPs
Nicolas Sarkozy is worried about the future of his country's music industry, and he's turning to French ISPs for help. Speaking alongside other G8 and G20 delegates at the Forum d'Avignon this weekend, Sarko affirmed his commitment to setting up a "national music center" within France, in the hopes of spurring artistic creativity amid a rather dour industrial climate. Modeled on France's National Cinema Center, the system was first proposed back in September by Minister of Culture Frédéric Mitterrand, and, if launched, would be funded by a tax on ISPs. According to Sarkozy, taxing service providers in the name of protecting French art is only fair game. "Globalization [has allowed] the giants of the Internet to make a lot of money on the French market," Sarkozy explained, echoing familiar Gallic attitudes toward online protectionism. "Good for them, but they do not pay a penny in tax to France." He went on to praise his country's Hadopi copyright law for reducing internet piracy by 35 percent, but stressed that the government must do more to protect what could be a dying French commodity: "The day when there is no more music, the day when there is no longer a cinema, the day when there are no writers, what will your generation search for on the internet?" Other things, probably.
Samsung's Won-Pyo Hong: Galaxy Nexus wasn't designed just to skirt Apple patents
Well, so much for that. Samsung's Executive Vice President of Product Strategy -- Won-Pyo Hong -- didn't say a whole heck of a lot on stage here at AsiaD, but he did clarify one thing near the end of his interview: he has 'no idea' where those earlier rumors came from. With "those rumors" regarding the matter of designing the Galaxy Nexus specifically to avoid patent troubles with Apple. According to Dr. Hong, the actual development of the Galaxy Nexus started with Google before the initial lawsuit hammer fell between the two outfits, making it impossible for the suits being flung back and forth today to have any impact on that decision.We believe it. These phones are designed months -- if not years -- in advance, and the actual process from concept to shipping takes a relative eternity. Furthermore, the original source (linked in More Coverage) only tied the quotes from Sammy's Shin Jong-kyun loosely to the Galaxy Nexus, and we're guessing that Samsung takes a look at all potential legal implications before shipping any product. In other words, the company's probably doing everything it can -- including paying Microsoft for every single Android device sold -- to avoid these nasty legal battles, but the Galaxy Nexus wasn't engineered just to sidestep another fight with the lawyers in Cupertino. And now you know.Update: In response to a question from Joanna Stern regarding Samsung's rethinking of hardware and software (mainly TouchWiz) in order to lessen its chances of being sued in the future, Dr. Hong did muster a very vague affirmation that a newer build of TouchWiz will eventually surface, and that it'll almost certainly be tweaked in a way that'll cause Apple's lawyers to salivate less.
Samsung modifies Galaxy smartphones to satisfy Dutch court, plans to resume sales soon
Earlier this summer, a judge in The Netherlands ruled to ban sales of Samsung Galaxy S, S II and Ace smartphones, stating that the devices violated an Apple patent which deals with a "method of scrolling." Well, nearly two months have passed, and Samsung is just now getting around to releasing "upgraded" versions of the affected devices, presumably implementing a non-infringing scroll tool. A Samsung spokesman told Reuters that the three phones will "shortly be available for sale," neglecting to provide an exact release date -- so we wouldn't suggest lining up to get your Galaxy S II fix just yet. This small victory is only the latest in the Apple / Samsung lawsuit saga, which has created quite a stir in a handful of courts around the world. We have yet to hear about a solution to the Galaxy Tab 10.1 ban in Australia, for example, where fingers are being pointed in every direction.
T-Mobile joins Verizon to support Samsung in Apple patent lawsuit
Verizon was the first carrier to come to Samsung's defense in the company's patent dispute with Apple, but it's not the last. As Reuters reports today, T-Mobile has now also sided with Samsung in the lawsuit, stating in a court filing that a sales ban on certain Samsung products would "unnecessarily harm" the carrier and its customers, and that, "at this late date, T-Mobile could not find comparable replacement products for the 2011 holiday season." The carrier also noted that its ads also "prominently feature" some of the Samsung products in question, and that those investments "cannot be recouped easily." As for the case itself, the next big date is an October 13th hearing on the injunction request.
Samsung countersues Apple in Australia, claims iPhone / iPad 2 violate its patents
Man. Exciting stuff, here. Stuff like lawyers yelling at each other in varied continents because "your stuff looks too much like my theoretical stuff." The long, winding and increasingly mind-numbing battle between Samsung and Apple has taken yet another turn in Australia, with the former slapping the latter with a bold countersuit. According to The Wall Street Journal, Sammy feels that the iPhone and iPad 2 both "violate a number of wireless technology patents held by Samsung." Spokesman Nam Ki-yung stated the following: "To defend our intellectual property, Samsung filed a cross claim for Apple's violation of Samsung's wireless technology patents." The suit is being filed just days / weeks before a ruling will decide on whether the Galaxy Tab 10.1 can be legally sold Down Under, and in related news, Samsung is also appealing a recent ruling back in Germany. If ever the world needed an out-of-court settlement...
Google loads up on IP again, buys 1,000 more patents from IBM
Seems like we've heard this story before -- Google buys a bunch of patents to protect its cute little green baby from all the big, bad patent lawsuits. Only this time, instead of buying a hardware manufacturer to expand its patent warchest, team Mountain View merely purchased 1,023 bits of IP from IBM. Covering everything from a method for filling holes in printed wiring boards to a method for file system management, Google seems to have grabbed quite the eclectic collection -- one we're sure Big G will put to work for itself and its buddies in no time. Those looking to see the full results of this latest patent shopping spree can hit the source link below.
US Senate passes patent system reform bill, Obama expected to sign into law
Think it's time to change our patent system? So does Congress. Yesterday, the Senate approved the America Invents Act by an 89-8 vote that could bring about the most drastic changes to the US Patent and Trademark Office (USPTO) in five decades. Under the bill, which the House approved back in June, patents would be awarded not to the first person to invent a technology, but to the first one to actually file with the USPTO, bringing US policy in line with protocol adopted in most other countries. It also calls for a streamlined application process and would allow the USPTO to charge set fees for all apps. The revenue generated from these fees would go directly to a capped reserve fund, allowing the office to retain the lion's share of the money, rather than funneling much of it to Congress, as had become the norm. Supporters say this extra revenue will give the USPTO more power to chip away at its backlog of some 700,000 patent applications, while a new third-party challenge system will help eliminate patents that should've never received approval in the first place. Opponents, meanwhile, criticized the bill for not eliminating fee diversion altogether (an amendment that would've placed more severe restrictions was ultimately killed, for fear that it would jeopardize the bill's passage), with Washington Democratic Senator Maria Cantwell questioning the legislation's impact on small businesses, calling it "a big corporation patent giveaway that tramples on the rights of small inventors." But Senator Patrick Leahy, a Vermont Democrat who sponsored the bill, argued that yesterday's approval marks a major and historic inflection point in US patent policy: The creativity that drives our economic engine has made America the global leader in invention and innovation. The America Invents Act will ensure that inventors large and small maintain the competitive edge that has put America at the pinnacle of global innovation. This is historic legislation. It is good policy. The America Invents Act will now make its way to President Obama's desk, where it's expected to receive his signature. For more background on the legislation, check out the links below.
WiLAN lawyers up, picks patent fight with Apple, Dell, HP, HTC and others
You know what the tech world needs? More patent litigation, which is why WiLAN is at it again in the rocket docket of the Eastern District of Texas. This time, instead of suing cable companies, it's going after the likes of Apple, Dell, HP, HTC, Kyocera, Novatel, Alcatel-Lucent and Sierra Wireless. There are two patents at issue: no. RE37,802 that covers CDMA and HSPA data transmission, and no. 5,282,222 which is related to data transmission tech with WiFi and LTE. Will the plucky patent troll get some quick cash, or will the big boys fight this one to the end? Stay tuned.
Apple wins German injunction against Samsung, Galaxy Tab 7.7 pulled from IFA
Apple's ongoing patent battle with Samsung has taken yet another twist, now that Cupertino has won an injunction blocking German sales of the recently unveiled Galaxy Tab 7.7. According to FOSS Patents, Samsung pulled its new Android tablet from both the IFA show floor and its German website on Saturday, in compliance with a Friday decision handed down by the same Düsseldorf Regional Court court that banned sales of the Galaxy Tab 10.1 last month. The 7.7-inch slate had previously been on display with a sticker that read "Not for sale in Germany," but, as we noticed yesterday, all demo models, posters and other promotional materials have since been removed. Samsung spokesman James Chung told Bloomberg that the new injunction "severely limits consumer choice in Germany," but confirmed that the Korean manufacturer "respects the court's decision," and vowed to do everything it could to defend its intellectual property. Details on the ruling remain hazy and Apple has yet to comment, but we'll let you know as soon as we hear more.
Openwave sues Apple and RIM for patent infringement
Add one more to the tally of patent lawsuits involving Apple and RIM. This time it's Openwave Systems using the license-by-litigation technique, and it's alleging that multiple devices infringe five of its patents on mobile internet -- including offline email access, cloud computing, and secure server access. The company claims that Apple's iPhone 3G, 3GS and 4, the iPod Touch, both iPads, plus RIM's Blackberry Curve 9930 and the PlayBook all infringe its IP. Apparently, Openwave initially took the pacifist route to persuade Cupertino and Waterloo to pay up, but when its overtures were ignored, it decided upon more aggressive tactics. As others before it, Openwave wants to fight a two front war in the ITC and federal court, but we'll have to wait and see if the ITC elects to take up the cause. Armchair attorneys can get a gander at all the juicy details at the source below.
Netherlands judge rules that Samsung Galaxy S, S II violate Apple patents, bans sales (updated)
A judge in The Hague just issued a ruling in Apple's patent infringement case against Samsung, prohibiting "the marketing of Samsung smartphones Galaxy S, S II and Ace for violation of Apple Inc. EP 2,059,868." In an official press release, the court explains that The Hague judge ruled to "ban trading of Samsung smartphones Galaxy S, S II and Ace," adding that Samsung also violated other did not violate Apple patents with its Galaxy Tab 10.1 and 10.1v. The judge determined that Samsung violated patent 2,059,868, which deals with "method of scrolling," but did not infringe 2,098,948 for "recording a flag in connection with multiple screen taps," or 1,964,022, which relates to dragging a slider to unlock the phone. We haven't been able to confirm, but from an online translation it appears that The ban will remain in effect through begin on October 13th. Hit up the source link for the full 65-page verdict (in Dutch). Update: A dutch IP attorney has pointed out that the judge has ruled patent 1,964,022 to be null and void, meaning Apple can no longer make claims in the Netherlands based on this patent. The judge also found that Samsung did not infringe on patent 2,098,948. The infringement of 2,059,868 does not affect the Galaxy Tab 10.1. (Correction: the main patent in question is 2,059,868 not 2,058,868.) Update 2: According to Tweakers.net, Samsung says that it will replace the software that infringes on Apple's patent (the Gallery application, specifically), which should allow it to continue to sell the phones. Notably, that Gallery application is the standard Android one used in Android 2.3, which also explains why the Galaxy Tab 10.1 is not affected by this ruling. Less clear is what the ruling means for other Android phones that use the same application. Update 3: Samsung Mobile's Kim Titus released the following statement: Today's ruling is an affirmation that the GALAXY range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our GALAXY smartphones to Dutch consumers. This ruling is not expected to affect sales in other European markets. Samsung has a proud history of innovation in the mobile industry. We will continue our plans to introduce new products and technologies that meet and exceed consumer expectations. And we will defend our intellectual property rights through the ongoing legal proceedings around the world. [Thanks to everyone who sent this in]
Did Apple shrink the Samsung Galaxy S in Dutch lawsuit filing?
We haven't had a chance to head on down to The Hague to have a look-see for ourselves, but Dutch tech site Webwereld spotted some more inconsistencies in Apple's Samsung lawsuit filings. This time the culprit is a shrunken Galaxy S, standing side-by-side with an identically tall iPhone 3G -- when in reality the Samsung phone is seven millimeters taller than its Apple counterpart, and slightly wider as well. The image, filed in the Netherlands, is part of an intellectual property suit against Samsung, and came to light just days after accusations that Apple manipulated photos of the Samsung Galaxy Tab 10.1 that it submitted to a German court. While misleading, this latest error isn't nearly as concerning as last week's shrunken Tab -- which could easily be described as image manipulation, considering that the tablet included in that filing represented an incorrect 4:3 aspect ratio, while the Samsung device has a 16:10 display. Update: The phone pictured above is the Samsung Galaxy S, not the Galaxy S II. [Thanks, Florian]
Kodak shopping its IP wares, looks to cash in on the patent buying craze
Pssssst... wanna buy some Kodak patents? The venerable photography firm has decided to unload a fair chunk of its IP -- 1,100 patents, give or take -- to boost its bottom line. You see, Kodak's got cash flow problems, and it thinks selling a portion of its portfolio is part of the solution. The company must've seen dollar signs after Nortel made a mint selling its patents, as Kodak's now marketing its IP merchandise using the same firm that helped Nortel do its record deal. Strong move Kodak, now if you can just settle up with Apple and RIM, you'll really be in the money.
HTC files trademarks for Enamor and Rhyme, keeps on hustlin'
We've seen a few leaks from HTC lately, and now we've got the scoop on two more. And get this: one is being developed just for aspiring hip-hop moguls! Okay, not really... but a couple of new names were filed with the USPTO last week, as it keeps spittin' game in the mobile marketplace. Four total trademark applications were filed for the HTC Enamor and HTC Rhyme -- covering smartphones and tablets along with their hardware and software cohorts. No specs have been revealed (or much else) as of yet, but if you'd like to scope out the particulars for yourself, hit the source links below.
Apple faces infringement lawsuit over fast booting patent once owned by LG
Apple's facing yet another patent infringement lawsuit -- this time, in Florida, where a company called Operating Systems Solutions (OSS) is taking aim at OS X's fast booting operation. According to court documents, the plaintiff alleges that Cupertino's function (most prominently displayed on this year's MacBook Air refresh) violates at least one protected claim, which details a four-step method for speedy booting, and involves files like config.sys and autoexec.bat (seriously). Interestingly enough, the patent in question was originally granted to LG Electronics, back in 2002, but is currently owned by the little-known OSS. It's still unclear whether or not LG has any involvement with the suit, but we'll bring you the details as soon as they emerge. In the meantime, you can hit the coverage link below to dig in to the full complaint. [Thanks, Lucian]
Sun CEO's deleted blog post to help end Oracle vs Google patent dispute?
Ever heard of estoppel? The term, sadly, does not denote a new German electronic bus service, but is rather a court-ordered way of telling companies "no backsies" on previously made public statements. It could also prove to be another nail in Oracle's patent dispute coffin, should Google's latest Wayback Machine defense hold up. Thanks to the internet's never say die policy, a 2007 post, recently deleted by Oracle, from Sun Microsystem's then CEO Jonathan Schwartz has surfaced, in which he enthusiastically endorsed Android's Java base. The public statement falls in line with the aforementioned legal doctrine, potentially contradicting new owner Oracle's patent infringement claims. Unfortunately for both parties, Judge William Alsup doesn't seem to be too cool under the collar as he's reportedly blasted each for "asking for the moon" and chiding them to "be more reasonable." A final ruling in this case is still a ways off, but in the meantime you can head to the source to read Schwartz's damning praise for yourself.
Judge tells Oracle to rethink $2.6 billion claim against Google
The war between Google and Oracle is far from over, but the big G keeps racking up tiny victories in what are admittedly modest battles. Now the Redwood Shores-based company has been told to go back to the drawing board with its damages report. Originally Oracle sought $2.6 billion, but its theories were largely dismissed and Judge William Alsup suggested an alternative starting point of roughly $100 million. The company still has an opportunity to present a new report, one that will likely seek much more than the proposed $100 million, but things are looking increasingly tough for the claimant. It wasn't all good news for Goog, though. While the judge told Oracle to narrow its focus from Android as a whole to just specific infringing features, he did agree that related advertising revenue should be included in the theoretical royalty base. He also offered harsh criticism for what he viewed as its "brazen" disregard for intellectual property rights. The trial is still scheduled for October, so we should have a better idea of how this whole thing will play out by Halloween.
