intellectual property
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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.
Portions of Twinity virtual world taken offline
Twinity users are experiencing a bit of lawyerly inconvenience according to virtual world blogger Tateru Nino. Portions of the Metaversum GmbH sim have been taken offline for unspecified reasons, and Nino speculates that "someone's team of undead zombie lawyers woke up and started asserting intellectual property rights and licensing restrictions." The Twinity project makes use of both Google Maps and 3-D data to recreate cities like Singapore, London, Miami, and New York, but patrons will need to put their online party plans on hold for the time being. Twinity's dev team posted a cryptic explanation, along with its intent to "try to reactivate the cities in the future."
The SOPAbox: Defeating online piracy by destroying the internet
Disclaimer: The Soapbox column is entirely the opinion of this week's writer and does not necessarily reflect the views of Massively as a whole. If you're afraid of opinions other than your own, you might want to skip this column. Unless you've been living under a rock, chances are you've heard of SOPA and PIPA. The Stop Online Piracy Act and PROTECT IP Act are two radical pieces of copyright legislation currently being pushed through the US government. Although the stated intent of the new legislation is to provide companies with additional tools with which to combat piracy, the bill's loose wording has raised some serious alarm bells. Opponents to the proposed law say it would give corporations the ability to shut down any almost any website under the guise of protecting copyright infringement. Gamers will be affected worst of all, as the loose wording of the law makes any website with user-submitted content potentially vulnerable to a shut down order. That could include YouTube, Facebook, Twitter, any blog with a comment section, or even any online game with a chat system. Perhaps the scariest part is that you'll be affected even if you're not in the US, as one of the new law's enforcement mechanisms is to remove a site from the DNS records, a move that assumes the US has jurisdiction over the global Domain Name System. AOL is among many huge companies strongly opposing SOPA, and so naturally Massively opposes it too. In this week's massive two-page Soapbox, I make the case for why you should be worried about SOPA, and I suggest what can be done to tackle piracy in the games industry. Comments can be left on page two.
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.
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.
Otherland dev talks timelines and Tad Williams' influence
MMORPGs based on pre-existing intellectual properties are a tricky business, and for every Lord of the Rings Online -- which at least makes an attempt at remaining faithful to its source material -- there's a Star Wars Galaxies or a Star Trek Online that sacrifices canonical authenticity on the altar of gameplay. Then there's Otherland, gamigo's ambitious MMO based on Tad Williams' famous sci-fi cycle. A new interview with gamigo CEO Patrick Streppel sheds a bit of light on the title's timeline and canon and teases fans with glimpses of what they'll see and do when they plug in to what amounts to a virtual world set in a virtual world. "Tad [Williams] has been very involved in the project from the beginning and provided lots of input to the development team on top of the source material. He is truly passionate about his vision being turned into a game," Streppel says. How will the game present that vision? It is "essentially a sequel" to the novels, and as a result of the dramatic conclusion at the end of the fourth and final book, it will now "be up to the players to get [Otherland] back online." The interview also delves briefly into gameplay topics, character creation, and more, so head to MPOGD.com to have a look.
