intellectual property
Latest
US Judge rejects Hasbro / ASUS sales ban, Transformer Prime prevails
Coming up with original gadget names is tough work, and, after all, imitation is the most sincere form of flattery -- right? So it was no surprise when ASUS happened upon an alias that more than slightly resembled that of a popular fictional mutant semi -- you know, Transformer Optimus Prime. However shockingly, Hasbro wasn't a fan, opting to battle ASUS to the death in the U.S. court system. And, after countless weeks and many bank holidays, we finally have a victor. It appears that the leader of the Autobots will continue to share its name with the Taiwanese company's tablet -- that's what you get for leaving the fate of the world to mere human bureaucrats. Just don't be surprised when it comes time to name the world's next Superhero, Ms. Zenbook UX31.
HTC partners with Intertrust, buys 20 percent of SyncTV
It's been a while since we've heard the name SyncTV 'round these parts, but perhaps we'll be seeing a bit more of it now that HTC has a stake in the streaming video company. As part of a deal with Intertrust, HTC has purchased 20 percent of its new partner's subsidiary. In addition, the Taiwanese manufacturer has licensed a broad portfolio of patents from the Sunnyvale firm, primarily dealing with DRM. Unfortunately we have no specifics about how HTC plans to leverage its new media property, but hopefully they're working on some fun surprises even as we speak. (Though, most likely, we're just looking at one more piece of manufacturer-installed bloatware.) Check out the brief, and ultimately not very informative, PR after the break.
Oracle's final damage claim against Google well under $100 million
My, my, my, how the mighty have fallen. In this case, the mighty is the roughly $6 billion Oracle initially sought in its suit against Google. By September of last year that number had dropped to a comparatively paltry $2 billion, which was still too high for presiding Judge William Alsup. Now that has plummeted precipitously, with Oracle's new starting figure sitting at $32.3 million. Of course, the final total for the damages will likely be higher than that, but we'd be mighty shocked if the ultimate settlement was even close to $100 million. Google's own estimates put the valuation at between $37.5 million and $46.6 million -- a far cry from the $100 million starting point Alsup had suggested in July of last year. Now all that's left is for this sucker to actually go to trial. Hit up the source to read the full filing.
The Hague to Samsung: no injunction for 3G patent infringement if Apple's willing to FRAND license
Since it's been more than 24 hours since the last bit of news in the ongoing legal battle between Samsung and Apple, we figured you could do with another litigation revelation. Late last year, the Hague shot down Sammy's request to prevent iPads and iPhones from being sold in the Netherlands. Today, the Dutch court went a step further, telling the Korean company that it can't pursue any other injunctions based upon its FRAND 3G patents as long as Cupertino's willing to talk about licensing them. Not only that, it went on to hold that those patents don't apply in Sammy's case against the iPhone 4S due to the theory of patent exhaustion. The allegedly infringing bits in the handset are made by Qualcomm, who licensed the technology directly from Samsung -- granting Apple protection under the license as a third party beneficiary -- and Apple prevailed using arguments not unlike those it made in a suit it recently filed against Motorola. Score one more legal victory for Tim Cook and company, but as you already know, the war is far from over.
Apple simplifies its ITC suit against Samsung: drops one patent and several claims from two more
While there's been plenty of legal wrangling between Apple and Samsung in Federal courtrooms lately, it's been awhile since we've had news from the parties' parallel proceedings occurring in the ITC. No longer. Last week, Apple received a favorable outcome when the ITC issued its claim construction order, siding with Apple's interpretations of two patents -- for those who aren't familiar, claim construction is the process by which the judge determines the meaning of specific terms in the claims, and it often has great influence on findings of infringement (or non-infringement). The judge found in favor of Samsung regarding one patent in his claim construction order, however, and now Apple has dropped that patent from the proceedings, along with claims from two of its other patents as well. This latest legal maneuvering by Cupertino is pretty standard fare, as paring down the legal issues is something all courts encourage to make the adjudication process more efficient, and Apple is simply distilling its case down to its strongest arguments. Now that the claim construction's complete, next on the docket is the ITC's evidentiary hearing (read: trial) starting May 31st, and afterwards we'll finally get the ITC's decision. Stay tuned.
ITC to review its decision on Microsoft, Motorola patent case
Remember back in December when the International Trade Commission ruled on a Microsoft complaint from 2010 that Motorola's Android products infringed on seven of its patents, siding with Microsoft initially on one of them? Since that's so hard to forget, it probably comes as no surprise to hear that the ITC announced today it would review the decision in part, as Motorola noted in its press release at the time. Don't expect a final ruling for another month or so (we'd keep that NFL Draft window clear if we were you), but if you're looking for details, FOSSPatents has the notes on which segments are under review. Don't worry if you miss a step though, we'll be sure to let you know once it's all over (hint: it will never, ever be over.)
Google pads IP portfolio, purchases Cuil's pending search-related patent applications
Google's been buying a fair amount of IP over the past several months from IBM, and now the Big G has acquired seven new patent applications from the now-defunct search engine, Cuil. Back in 2008, Cuil aimed to take Google's crown as the king of search, but was shut down 2010 because it often failed to provide relevant results (despite its massive site index). Good thing the patent apps Google's gotten are for different methods of displaying search results, as opposed to, you know, finding them. The full list of assignments can be found at the source below, so head on down to get your fill of patent claims and black and white drawings.
Oracle drops patent from Google lawsuit, Google moves to strike Oracle's third damages report
After much sound and fury in its legal proceedings for IP infringement against Google, Oracle's claims continue to be whittled away. Judge Alsup has been on Oracle's case to downgrade its damages claims for months now, and on Friday, he got yet another reason to do so. Ellison's crew has finally withdrawn the last remaining claim of patent number 6,192,476 from the litigation -- the very same patent that had 17 of 21 claims wiped out earlier during a USPTO re-examination proceeding. Additionally, Google has filed a motion to strike Oracle's third damages report for, once again, artificially inflating the monetary damages in its expert report. No one can say for sure how the judge will rule on that motion, but given that Oracle's got less IP than ever with which to allege infringement, it seems likely that the Court will send it back to the damages drawing board.
Student hacks into Facebook, gets eight months in prison, twelve likes
The next time you get caught hijacking your friend's Facebook, remember it could be worse. On Friday, British Student Glenn Mangham was sentenced to eight months in not-so-social jail, for hacking deep into Facebook's servers. Apparently no user details were taken, with Mangham heading straight for "invaluable" intellectual property instead. Facebook alerted the authorities after it discovered the breach last May, the FBI then followed the digital thread back to the Briton's UK address. It's believed Mangham gained access to the inner sanctum after hacking into a Facebook employee's account, though it's not known if the comedy status update and embarrassing profile picture were also part of the attack.
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.
Starbreeze self-funding original IP
Starbreeze, the developer behind The Darkness, The Chronicles of Riddick: Escape from Butcher Bay and the upcoming series reboot Syndicate, is looking to expand its developmental output beyond the intellectual properties of other creative minds."We want to make our own IP; no doubt," Starbreeze CEO Mikael Nermark told Gamasutra. "We're actually self-funding one original IP right now. If we're going to take it to market ourself -- I haven't decided yet. It's always about how you maximize what you can do." Nermark's current strategy is to continue working on high-profile titles like Syndicate while simultaneously looking for opportunities to launch the developer's own original IP. As the old saying goes, "You can only milk another man's cow for so long." Or something.
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 on hold in light of 'legitimate issues raised by many,' says Senate majority leader Harry Reid [update]
It seems that the unending stream of protest from the internet, as well as from the meatspace, have helped to slow -- and potentially stop -- one of the broad reaching anti-piracy acts being proposed for legislation in the US Congress. An upcoming Senate vote on the Protect Intellectual Property Act (PIPA) has been postponed by Senate Majority leader Harry Reid (D-NV).In a press release issued by Reid's office this morning, he cites "legitimate issues" brought up by protesters keeping the bill from being voted on, and calls on PIPA author and Vermont Senator Patrick Leahy to "continue engaging with all stakeholders to forge a balance between protecting Americans' intellectual property, and maintaining openness and innovation on the internet."Reid remains "optimistic" that the Senate will work out any issues with the bill "in the coming weeks," but given the bill's sister act in the house (SOPA) also getting a big delay, we're not similarly optimistic about PIPA's reintroduction. Additionally, Reuters reports that a "senior Democratic aide" speaking on condition of anonymity claimed the act was unable to garner support among the Senate, thus abetting in this delay.Update: House Judiciary Committee Chairman Lamar Smith (R-TX) issued a statement in response to the PIPA announcement, specifically addressing his SOPA bill in the House. "It is clear that we need to revisit the approach on how best to address the problem of foreign thieves that steal and sell American inventions and products." His complete statement can be found here. [ER 09 via Shutterstock]
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.
