InternationalTradeCommission
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HTC drops federal appeal of ITC complaint exonerating Apple, more arrows remain in the quiver
HTC was understandably upset when its first ITC complaint against Apple was tossed out. The company must have since decided that it has bigger fish to fry, as it was just granted a motion to dismiss its federal-level appeal. The choice isn't a defeat so much as an acknowledgment that other disputes are underway which stand a better chance of surviving scrutiny. As it stands, HTC already has more appeals either on deck or in progress that it will more likely want to pursue, such as the dispute over using Google's patents as well as its off-again, on-again acquisition target S3 Graphics' loss at the ITC last year. Apple, naturally, hasn't been waiting around.
HTC decides to buy S3 after all, keeps it on ice for future patent wars
HTC was exhibiting more than a bit of buyer's remorse after its acquisition of S3 Graphics went off the rails: it had used the $300 million deal to scoop up a company with a victory over Apple in a patent dispute at the ITC, only to see that decision reversed and its dreams crumble. S3 will be glad to know that HTC wants the shotgun wedding to last. The One X creator's general counsel, Grace Lei, is now promising that the buyout will wrap up at some point in the near future after "cautious assessment" of its worth. The union won't help HTC fend off escalating Apple assaults, but the 270 patents may make other companies think twice before starting a feud -- oh, and give HTC some graphics technology to improve its products.
ITC denies HTC chance to wield Google patents against Apple
HTC hasn't been having the best time bringing ITC disputes against Apple, and the situation just got a bit more glum. Administrative Law Judge Thomas Pender has ruled that HTC can't use the patents it borrowed from Google to challenge Apple's products, as the Taiwan phone maker hasn't properly acquired all the necessary rights. If the decision is upheld after the (possible) appeal, it cuts the amount of ammunition for HTC's second complaint by more than half: only three of the eight patents will hold up. The One X designer can still try to appeal or get Google involved, and Apple still can't rest easy knowing that just one patent infringement verdict would be bad news. Even so, the ruling does take a considerable amount of sting out of the ITC case as-is -- and at a time when Apple is ramping up its own complaints.
FTC urges ITC not to ban iPhone, iPad and Xbox
The Federal Trade Commission took on the growing problem of injunctions in a letter addressed to the US International Trade Commission, according to a report by CNET. The letter was meant to dissuade the federal agency from approving import bans in patent and trademark infringement cases that involve industry standards like 3G. The FTC warns such injunctions against products like the iPhone, iPad and Xbox could harm consumers and stifle innovation. The FTC writes, "Hold-up and the threat of hold-up can deter innovation by increasing costs and uncertainty for other industry participants, including those engaged in inventive activity. It can also distort investment and harm consumers by breaking the connection between the value of an invention and its reward -- a connection that is the cornerstone of the patent system." The ITC has been the focus of several high-profile patent infringement cases, including the recent battle between Apple and HTC, which led to the ban of select HTC Android phones. Last month, the HTC One X and the EVO 4G LTE were held temporarily at the border by US Customs, which inspected the phones for patent infringement. A bigger issue brought up in this letter is the use of standards-related patents in litigation. Companies that own patents on standards, like those that govern 3G and 4G wireless communications, are supposed to be license these patents to other companies on fair and reasonable terms (FRAND). Now that competition is heating up, patent owners are reluctant to license their intellectual property and are using them to sue their rivals instead. You can read an excellent analysis of this issue by Florian Mueller of FOSS Patents. He describes in detail how Samsung and Motorola are abusing the principles of FRAND licensing in their litigation with Apple.
FTC tells ITC that bans over standards-based patents aren't kosher, looks warily at Motorola and Samsung
Most of the scrutiny over abuse of standards-based patents has come through European Union investigations of Motorola and Samsung. That attention might come to the US if the Federal Trade Commission has its way. It just sent a letter to the International Trade Commission arguing that companies should be blocked from landing bans if they base their disputes on standards. These kinds of blockades "deter innovation" and spur companies to try for much more of a cash windfall from a patent than it's really worth, the FTC argues. The letter doesn't directly accuse anyone of getting their fingers dirty, but there's little doubt that it's referring to Motorola (now part of Google) and Samsung: their varying ITC disputes against Apple and Microsoft are often based around standards patents for technologies like 3G and H.264 video, which aren't supposed to demand legal action except as a last resort. An angry FTC missive doesn't constitute a formal investigation that would actively worry either Motorola or Samsung, but it certainly fires a warning shot across the bow.
Apple hits HTC with third ITC dispute, One series goes under the gun
Apple chief Tim Cook might have said that he doesn't like lawsuits, but he must have left a loophole open for International Trade Commission disputes. His company quietly filed a third challenge against HTC on June 4th (just now coming to light) that -- surprise -- claims HTC is still violating patents that it supposedly worked hard to avoid. If successful, Apple would slap down 29 devices that include a much more modern set of hardware than the first two disputes, including the One X (and EVO 4G LTE), One S and One V. Apple had success in December with the final results of its first ITC complaint and may simply be rolling the dice to try for more. Whatever throw Apple lands, there's no doubt that HTC and its fans are exasperated at the thought of more launch delays, or worse.
Customs stops delaying HTC One X and EVO 4G LTE devices after 'review'
HTC-branded crates have been trickling through customs for ten days already, following a total clamp-down earlier in May, but it's only now that they're able to pass through without lengthy extra checks. The manufacturer says it has "completed the review process with US Customs" and that it is "confident that we will soon be able to meet the demand for our products." That obviously raises the question as to why the HTC One X and EVO 4G LTE devices were held up in the first place. The ITC had earlier ruled that HTC infringed on an Apple patent about data detection, concerning a handset's ability to recognize and move around personal data, for example between the contact entry and the calendar, and it had given HTC until April to remove that feature. HTC agreed to that, but it appears customs officials initially needed to check every box to ensure that products arriving in the US were of the compliant type. Meanwhile, the LTE part of the EVO 4G is still waiting for its luggage.
ITC says again that Apple and RIM don't violate Kodak patent
Kodak hasn't caught a break lately, and that trend isn't easing up any time soon with a second rejection arriving in its main International Trade Commission (ITC) patent dispute with Apple and RIM. Despite having had its case remanded after a loss last year, Kodak is once more being told that BlackBerrys and iPhones don't violate a patent on previewing photos. The one violation was rendered moot through "obviousness," according to administrative law judge Thomas Pender. It's still an initial ruling, and Kodak is trying to put a positive light on the situation -- it's "pleased" there's still an infringement, even if the patent claim is invalid -- but the patent wars aren't looking good for a photography company that has already had to give up cameras to have a chance of staying afloat. Most of Kodak's hope, then, will be pinned on a second wave of ITC disputes that might stand a better chance of putting at least Apple's feet to the fire.
T-Mo delays HTC Amaze 4G online orders due to 'unforeseen issue,' has other recommendations
Hot off the heels of the One X and EVO 4G LTE spending some prolonged time at customs, now another member of HTC's sensational family appears to be feeling the rigorous effects of the ITC. According to a recent email acquired by TmoNews, it looks as if the Magenta carrier is delaying shipments of the HTC Amaze 4G in the US, saying it's facing "an unforeseen issue with receiving the product from the manufacturer," and that it doesn't know when the handset will be up for grabs again. What's also interesting here, however, is T-Mobile going as far as recommending Sammy's Galaxy S Blaze 4G as a substitute -- which, let's face it, can't be good news for HTC. Here's to hoping this all gets sorted out relatively soon. In the meantime, you can check out the aforementioned email in its entirety at the source below.
ITC bans Motorola mobile devices for infringing Microsoft patent (updated: MMI responds)
At the end of last year, an Administrative Law Judge issued an initial ruling that Motorola's mobile devices infringe a bit of Microsoft's IP. Now, the Commission has affirmed that decision and issued an exclusion order to ban Moto's offending devices from importation into the US. In case you weren't aware, the four patent claims at issue generally cover technology for scheduling meetings over email using a mobile device. So, unless Motorola removes the feature, pays for a license or whips up a workaround Microsoft's patent in short order, its inbound RAZRs, Droid 4s, Bionics and other offending handsets will be stuck in customs alongside HTC's One X and EVO 4G LTE -- that is, unless Obama steps in to save the day during the prescribed presidential review period. Microsoft, naturally, is quite pleased with this development and has issued a statement: Microsoft sued Motorola in the ITC only after Motorola chose to refuse Microsoft's efforts to renew a patent license for well over a year. We're pleased the full Commission agreed that Motorola has infringed Microsoft's intellectual property, and we hope that now Motorola will be willing to join the vast majority of Android device makers selling phones in the US by taking a license to our patents. -- David Howard, corporate vice president and deputy general counsel Microsoft We've reached out to Motorola for comment on the matter as well, so stay tuned to see what it has to say. Update: Motorola has issued an understandably somber statement on the ruling: Microsoft started its ITC investigation asserting 9 patents against Motorola Mobility. Although we are disappointed by the Commission's ruling that certain Motorola Mobility products violated one patent, we look forward to reading the full opinion to understand its reasoning. Motorola Mobility will not experience any impact in the near term, as the Commission's ruling is subject to a $0.33/per unit bond during the 60 day Presidential review period. We will explore all options including appeal.
ITC judge finds Apple in violation of Motorola WiFi patent
Motorola scored a win with the US International Trade Commission this week in its on-going patent battle with Apple. The commission's Judge Thomas Pender ruled that Cupertino is in violation of a Motorola WiFi patent -- one of four patents included in a complaint filed by the RAZR maker back in October 2010. Before the ITC actually goes so far as blocking the import of Apple products, however, the ruling is subject to review by the commission. The decision follows another patent win for Motorola, handed down by the ITC yesterday in a dispute with Microsoft. Update: Motorola sent along the following, not surprisingly chipper statement on the matter: We are pleased that the ALJ's initial determination finds Apple to be in violation of Motorola Mobility's intellectual property, and look forward to the full commission's ruling in August. Our commitment to innovation is a primary reason why we are an industry-leader in intellectual property, and our focus continues to be on building on this strong foundation to enhance the user experience.
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.)
ITC closes the book on HTC's first complaint against Apple, still working on its sequels
Remember that first shot across Apple's bow that HTC fired way back May of 2010? No? We don't blame you. Since that initial exchange of complaints against each other the patent war has spun almost completely out of control. Well, in October an ITC judge handed down an initial ruling, rejecting the Taiwanese manufacturer's claim that Cupertino and crew had infringed upon its patents. Now, almost four months later, a final judgment has been issued, consistent with the initial decision -- Apple is not in violation of the patents in question (which primarily concern the dialer and power management features) and the investigation has officially been closed. Don't get your hopes up too much though, this is just the first complaint in a long series of suits the two have filed against each other and HTC can always appeal in a federal circuit court. In other words, there's plenty more where this came from.
Apple wants to file patent lawsuit against Kodak, fully aware that Kodak's bankrupt
Poor Kodak just can't catch a break these days. Nearly a month after filing for Chapter 11 bankruptcy and mere days after shuttering its digital camera business, the sputtering company now finds itself the target of no less a behemoth than Apple. Yesterday, Cupertino's legal team asked a US Bankruptcy Court for permission to go after Kodak on two legal fronts: with a patent infringement lawsuit in a Manhattan district court, and a corollary complaint in the ITC. According to Bloomberg, Apple's patent suit focuses on technologies that Kodak uses in its line of digital cameras, printers and digital picture frames. Unfortunately for Kodak, printers are one of the product areas it recently decided to focus on, as confirmed in last week's restructuring announcement. Salt, meet wound.These two companies, of course, have been involved in an ongoing ITC battle over Kodak's image transfer technology, with the latest salvo coming last month, when the camera company launched a fresh batch of litigation against both Apple and HTC. If the bankruptcy court grants Apple's request, the company will head straight to court, in the hopes of obtaining a block against Kodak's allegedly infringing products. Kodak, meanwhile, could file a request to hold off the district level case until the ITC ruling comes through, though Apple said yesterday that it would press forward, regardless. The company was also quick to point out that it's not legally bound to request permission to sue a court-protected bankrupt company, but did so "out of an abundance of caution," which is really considerate, if you think about it.
NVIDIA and Rambus settle, sign patent deal, kiss and make up
Some of you thought it would never happen. You thought that these two mortal enemies would spend the rest of their multinational corporate lives alternately at each other throats and eyeing the other with suspicion from across the boardroom. After dropping some claims and winning others, Rambus has signed an agreement with NVIDIA that puts to rest their remaining legal disputes. The deal will allow NVIDIA to use patented Rambus tech in its products for the next five years, without fear of legal action -- though, neither side will say how much that privilege cost. Now that the battle between the two, which began way back in 2008, has finally come to a close we can all finally get back to the very important business of forgetting who or what Rambus is.
ITC judge throws out Barnes and Noble's patent defense against Microsoft
Microsoft's patent dispute with Barnes and Noble is likely far from over, but the spat saw some movement today, when a judge at the International Trade Commission rejected the bookseller's patent misuse claim. In his ruling, ITC Judge Theodore Essex threw out B&N's argument that Microsoft is misusing its patents against Android, effectively nullifying the company's major defense against Redmond. Microsoft, as you'll recall, is targeting the retailer and its Nook e-reader for allegedly infringing upon a (declining) number of its Android-related patents. Essex's decision is still subject to review from a six-member panel, but Microsoft is already heralding his decision as an early victory. "Today's action by the ITC makes clear that Barnes & Noble's patent misuse defense was meritless," Microsoft Deputy General Counsel David Howard said in a statement. "This case is only about one thing -- patent infringement by Barnes & Noble's Android-based devices." Barnes and Noble, meanwhile, said it has no comment. A full trial on the case is scheduled to begin on February 6th.
Rambus, Broadcom sign licensing deal, agree to share toys
It never hurts to stop arguing, hug it out and agree on a patent licensing deal. Today, Rambus -- which filed a complaint against Broadcom with the International Trade Commission in 2010 -- signed a licensing deal that resolved those claims. In the statement, Rambus said it will license its patent for integrated circuits used in chips made by Broadcom. The company didn't disclose any financial details related to the deal or which technology would be part of the agreement. However, given that Broadcom's known for its wireless networking chips often found in WiFi, Bluetooth and cellular-capable devices, it seems likely to be in the wireless realm. In other news, Rambus and Broadcom have added each other as Xbox Live friends and gotten to level 36 in Modern Warfare 3 co-op gameplay.
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 wins partial victory in HTC suit
The International Trade Commission has finally made a ruling in the Apple vs. HTC case, and Apple has won ... mostly. The commission ruled that HTC did actually violate one part of an Apple patent in making its Android phones, and that those phones would not be allowed for sale in the US. But while that sounds like a win for Cupertino, it's not quite as widespread a ruling as Apple wanted: The decision only applies to phones that store their data in a certain way (so any phones that don't use that feature are not blocked for sale), and the ban isn't even scheduled to go into effect until April, which should likely be more than enough time for HTC and Google to make changes in the phones that would get them around the ruling. But analysts agree that if nothing else, this is at least a win for Apple that will make any further patent arguments easier for the company going forward, and even if the ban doesn't actually go into place until April, at least Apple is getting a ban on some Android products that it believes are infringing. So good news for Apple, and expect to see more rulings like this in the future.
ITC sides with Apple, bans sale and import of some HTC phones (updated)
The ITC has issued a ruling in favor of Apple Inc., banning the sale and import or certain HTC phones in the US. The ruling, which was widely expected to finally be handed down today after being delayed twice, finds that HTC violates a pair of claims patents a patent held by the Cupertino company regarding the formatting of data (such as phone numbers) in otherwise unstructured documents (such as emails) allowing users to interact with them. The ban isn't scheduled to be enacted until April 19th of 2012, giving HTC and Google plenty of time to address the court's concerns. The Taiwanese manufacturer could also simply remove the feature from its phones, though, the ability to interact with such information across apps, such as tapping a phone number in an email to dial it, is an ability most consumers expect their devices to support. The International Trade Commission did not find that HTC violated two other patents in question, which related to realtime signal processing and would have been much more difficult for HTC to circumvent. Of course, this saga is far from over and we expect these two (along with practically every other mobile manufacturer on the planet) to continue to duke it out in the courts as opposed to in our stores. You can check out the full PDF of the ruling at the source. Update: Looks like HTC already has a plan in place to make it all better. Not shocking, but there it is, check out its statement after the break. Update 2: HTC reached out to us to clarify that the company was not found to be violating a pair of patents, but that it was "two claims in a single patent."
