InternationalTradeCommission
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ITC rules Apple didn't violate S3 Graphics' patents
According to the FOSS Patents Blog, earlier today the US International Trade Commission entirely dismissed the first S3 Graphics complaint against Apple. Interestingly, the official notice (PDF link) has no explanation why the Administrative Law Judge was overruled. There is still one pending complaint by S3 Graphics against Apple which has not been ruled on. Part of what makes this an issue is that HTC is in the process of buying S3 Graphics, and a couple of strikes against Apple patent-wise would have just sweetened that deal. At least we don't have to wait long for more progress on the ITC front, as a date of December 6th has been set for a ruling on Apple's first complaint against S3 Graphics. And don't forget there's still a bit of tussling between Apple and HTC going on as well, with a patent infringement throwdown still not yet decided between them, either. Whew! It's all a bit confusing at first glance, so get comfy, get ready to take some notes, and head over to the FOSS Patents Blog for more information and links to other coverage that will help you make sense of all the legal wrangling.
InterDigital files ITC complaint against Nokia, Huawei, and ZTE for 3G patent infringement
Remember when InterDigital aired its grievances with Nokia before the International Trade Commission several years ago, alleging Espoo infringed a few of its 3G patents? Well, what's old is new again, and the company's filed another complaint with the ITC against the Finnish phone maker, Huawei, and ZTE, too. This time around, the hammer's been forged from seven patents for various WCDMA and CDMA2000 technologies allegedly found in those companies' phones, broadband dongles, and tablets. Reuters reports that, should the federal agency take up InterDigital's cause, Huawei and Nokia will fight the good fight, and we imagine that ZTE won't be rolling over, either. Of course, the ITC has 30 days to start an investigation, so we'll know within a month if InterDigital's latest IP fishing expedition has a shot to yield a bounty as big as it's gotten before.
ITC patent ruling against Apple will stand, Kodak nods approvingly
July is shaping up to be a pretty good month for Kodak. Just a few weeks after granting the camera-maker a second wind in its ongoing patent battle against Apple and RIM, the ITC has issued yet another decision in its favor, determining that a May ruling against Cupertino will stand. At issue is an Apple complaint, filed in April 2010, charging Kodak with infringement of two patents on image processing and power management. On May 12, ITC Judge Robert Rogers shot down Apple's attack, ruling that the patents were not infringed and that one of them was invalid. The full Court had been scheduled to review Rogers' decision later this year, but that won't be happening, now that the ITC has decided to close the investigation (see the PDF, below). Kodak was understandably pleased with the result, though its focus will now turn to August 30th, when an administrative law judge is expected to weigh in on the company's patent offensive against both RIM and Apple.
HTC tells Apple to try competing, rather than suing
Apple has proven, time and time again, that it is not shy about dragging its competitors before the ITC over patent disputes. And, while its fellow smartphone makers have never held back from defending themselves, HTC's general counsel Grace Lei had some particularly pointed words for Jobs and co. regarding Cupertino's latest volley of suits. In a statement Lei said that, "HTC is disappointed at Apple's constant attempts at litigations instead of competing fairly in the market." This is the second time Apple has attempted to block the import of devices from the Taiwanese manufacturer, and the purveyors of all things i are also currently on the offensive against Samsung, GetJar, and Amazon in patent and trademark disputes. At this rate the company is probably spending almost as much on legal fees as it is on the engineers and designers tasked with whipping up its next generation of mobile products.
Apple looking to block sale of HTC devices with patent complaint
Apple has filed a second patent infringement complaint against Android handset maker HTC. The details on this second complaint are not yet available to the public so the patents at dispute are unknown. An earlier ITC complaint filed in March focused on patents for the iPhone UI, hardware and architecture. A final initial determination for this first complaint is due August 5, 2011, but a third-party ITC group (Office of Unfair Import Investigations) claims HTC did not infringe on any Apple patents. This early ruling against Apple may influence the ITC's final ruling later this summer. Apple is aware of this possible, impending defeat and may be using this second complaint to bolster its position against HTC. Until the details are made public and the lawyers weigh in on the subject, we wont know whether this second case is stronger than the first. HTC is also refraining from comment until it can review the details of the complaint. [Via BGR, Electronista and Foss Patents]
Apple files second ITC patent infringement complaint against HTC
Nothing like a little legalese to take the edge off on a Monday, eh? Just months after Apple smacked HTC with an ITC complaint, it looks as if the company's doing the same thing again. As if one ongoing ITC complaint against Samsung wasn't enough, the US International Trade Commission is reporting that HTC is being accused again. As predicted, the patent infringement complaint is asking for the entity to block the import of "personal electronic devices" by HTC, but until it becomes available for public viewing, it's hard to know exactly which device(s) ticked the lawyers in Cupertino off. As for the prior tiff? A judge is expected to rule on that August 5th, and those findings are then subject to review by the full commission. HTC's not commenting yet given that even it hasn't seen the details, so we'll be sure to keep you posted as the drama unfolds.
Apple files ITC request to block import of select Samsung devices
And with that, yet another punch is thrown. The slugfest that is Apple vs. Samsung is getting uglier by the minute, as each one pushes the other's buttons in a presumed effort to get paid (or get the other to back down). Just as Apple was being told "no" in a request for a preliminary injunction, it's hoping for a more satisfactory outcome from its most recent filing. That one's headed to the US International Trade Commission in Washington, where Apple's trying to block the import of the Galaxy S and Galaxy Tab, amongst other Samsung products. The ITC only stated "Electronic Digital Media Devices," but FOSS Patents has found five utility patents and a pair of design patents -- those encompass a grand total of six Sammy smartphones and a duo of slates. Analysts are stating that an outright ban on Samsung imports is unlikely (no shock there), and the most likely outcome here is a "settlement and cross-licensing deal." Mo' money, mo' problems, right?
Samsung files ITC complaint against Apple
Samsung and Apple's legal battle over trademark and patent infringement continues to heat up. The latest salvo was fired by Samsung which lodged a complaint with the ITC asking for a ban on the import of the iPhone, iPad and iPod. The court has up to 18 months to make a decision on this request. Apple has yet to file an ITC complaint, but it is likely to do so after this move by Samsung. The bigger question is not about trade dress and infringement, but the weakening relationship between Samsung and Apple. Are the two companies headed for a separation or will they stay manufacturing BFFs throughout this legal skirmish?
ITC judge rules against Apple in patent infringement case, Kodak smiles
The International Trade Commission has weighed in on one half of the ongoing Apple-Kodak legal saga, ruling in favor of the team from Rochester. In a decision handed down yesterday, ITC Judge Robert Rogers determined that Apple's allegations of patent infringement are unfounded, adding that one of the company's patents is invalid. At issue are two digital camera technologies owned by Apple. One allows a camera to process multiple photos at the same time, while the other enables users to simultaneously adjust an image's balance, color and resolution. Apple claimed that Kodak illegally used these mechanisms in its Z-series, M-series, C-series, and Slice cameras, in addition to some video cameras. Judge Rogers clearly disagreed, though he won't be able to publicly explain his reasoning until both sides have had enough time to review confidential documents. Rogers' decision will also be subject to review by the full ITC, which is expected to issue a yea or nay on September 19th. A Kodak spokesman said the company is understandably "pleased" by the decision, but it won't have much time to rest on its laurels. On May 23rd, the ITC will announce a decision in a patent lawsuit that Kodak filed against both Apple and RIM, way back in January 2010. Stay tuned.
Nokia keeps the lawyers well fed, returns to the ITC with fresh complaints about Apple
Like a desperate suitor unable to take "no" for an answer, Nokia's come back to the ITC with fresh allegations about Apple using its patented technologies without proper authorization. On Friday, the International Trade Commission made an initial determination that Apple wasn't actually making use of five patents held by the Finnish company -- a ruling that has yet to be ratified by the Commission itself, notably -- which Nokia predictably "does not agree" with and is now countering with the addition of seven more patents it believes have been infringed. Those relate to multitasking, data synchronization, positioning, call quality, and Bluetooth accessories, and affect "virtually all products" in Cupertino's portfolio. Rather boastfully, Nokia informs us that a total of 46 of its patents are now being actioned in some sort of lawsuit against Apple, whether you're talking about the ITC, US, Dutch, German, or British courts. As the old saying goes, if you can't beat 'em, send in the lawyers. See Nokia's press release about this latest legal activity after the break.
LG files ITC complaint against Sony, goes blow for blow
Late last year, Sony smacked LG with claims of patent infringement, and now the Korean company is swinging back with complaints of its own. LG reportedly filed two claims with the ITC on February 4th, accusing Sony devices -- including Bravia and PlayStation 3 -- of stepping on eight separate LG patents. We knew something like this couldn't be far behind Sony's ITC filing and accompanying federal court case, and we're equally unmoved to hear LG is firing back with its very own civil suit, recently filed in California. Last year we saw patent infringement suits spread like meningitis in a college dorm, and if this dispute is any sign, we can expect to see more of the same in 2011. Let the litigation begin!
Sony files ITC complaint about LG, adds another patent infringement lawsuit to the stack
Did the world's tech giants just discover they have lawyers on retainer? That's certainly how it seems, as company after company has decided 'tis the season to target the competition with patent infringement allegations. Sony, the latest, is aiming squarely at LG, claiming that the Korean manufacturer's violating eight patents with its mobile devices -- including the LG Fathom, Xenon, Neon, Remarq, Rumor 2, Lotus Elite and VL600 LTE modem -- claiming that these devices transmit variable-bandwidth audio streams, live-preview camera snapshots, hand off cellular calls and more in ways that infringe Sony's intellectual property. Sony's now filed both an ITC complaint in an attempt to ban new product shipments from the US, and a lawsuit in federal court that will no doubt seek monetary damages. Now, if recent history is any indication, LG will turn around and smack Sony with a patent stack of its own, and we'll all go back to dreaming about LG devices we'd actually care to purchase.
Rambus files ITC complaint against just about everyone, wants to stop sale of just about everything
Rambus, which modestly describes itself as "one of the world's premier technology licensing companies," has meekly asked the International Trade Commission to block import and sale of an amazing array of products from companies including Broadcom, Freescale, LSI, MediaTek, NVIDIA, and STMicroelectronics -- the latter of which was sued by Caltech only yesterday. But wait, there's more! Rambus also indicates that other "companies whose products incorporate the accused semiconductor products" have also been named, selling things like "personal computers, workstations, servers, routers, mobile phones and other handheld devices, set-top boxes, Blu-ray players, motherboards, plug-in cards, hard drives and modems." That should just about cover 95% of what's available at your local electronics store, and certainly puts our holiday wish lists in legal limbo.This is a follow-up to earlier disputes involving the company, particularly with NVIDIA, which will continue via patent infringement lawsuits filed in US District Court against those corporate entities mentioned above. Beyond that, Rambus is hoping that the ITC stops import and sale of any and all infringing products post-haste. That seems awfully drastic, but for its part Rambus indicates it has been trying with all its might to negotiate licenses with these supposedly dirty dealers and that it was told "the only way they would get serious is if we sued them." So, place your bets because here we go.[Thanks, Antonio]
Rambus victorious in patent fight with NVIDIA, can expect neat wad of cash for its troubles
So what if Rambus doesn't really produce anything tangible these days? We're hearing the "innovation" business is going really well for the company that recently celebrated its 1,000th patent, and now there's a nice big windfall in its near future as well. The US International Trade Commission has handed down a ruling agreeing with a previous judgment that NVIDIA infringed on three Rambus patents in the design of its memory controllers, with the ultimate outcome being a ban on importing such infringing goods into the country. Of course, that's the one thing we're sure won't be happening, but NVIDIA will now have to sign up for a license to Rambus' precious IP portfolio, which might be a tad bit costly given that GeForce, Quadro, nForce, Tesla and Tegra chips are named as being in violation -- aside from Ion, that's pretty much NVIDIA's whole hardware business.[Thanks, Marc]Update: NVIDIA, unsurprisingly, has said it will appeal the ruling. [Thanks, Xero2]
HTC's complaint against Apple examined
Okay, we've just gotten the full complaint HTC filed with the International Trade Commission this morning, alleging that the iPhone, iPad, and iPod infringe five of its patents and asking for sales and imports to be halted. What's odd here is that HTC hasn't yet filed a lawsuit in federal court, which could mean a lot of things -- HTC could just be banking on the ITC's somewhat faster process to force Apple's hand, or it could be less sure of its patent claims and avoiding the harsher scrutiny of a courtroom in favor of an administrative decision. We can't say for sure what the reasoning is -- but we can read the ITC complaint and break down the claims, and that's exactly what we're going to do. It's all after the break, grab the PDF or check out the gallery and follow along. %Gallery-92912%
HTC files patent complaint against Apple, asks for ban on iPhone, iPad, and iPod
We'd been wondering how and when HTC would respond to Apple's patent lawsuit, and here we go: the Taiwanese phone manufacturer just filed a complaint with the International Trade Commission, asking for importation and sales of the iPhone, iPad, and iPod be halted due to alleged infringement of five patents. ITC complaints like this are pretty familiar territory -- you'll recall that Nokia and Apple have both asked for similar bans in their lawsuit against each other -- but the interesting wrinkle here is that HTC apparently hasn't filed a corresponding federal lawsuit. We'll see if that's the next step for HTC down the line -- for now, we're digging into what patents are involved in the ITC complaint, so stay tuned. Update: Gizmodo says it has a list of the patents in question, but the actual complaint hasn't hit the ITC database yet, so we can't confirm anything, and we don't know what's being pled with any specificity. We'll let you know when that happens.
Apple / Nokia federal lawsuit put on hold pending ITC investigation
We normally wouldn't cover something so procedural, but given the heightened interesting Apple's patent dealings this week, we thought we'd note that Cupertino's tiff with Nokia in the federal courts has been put on hold while both companies argue their case before the US International Trade Commission. We expected the ITC to be the primary front in this fight from the start, but now we'll be particularly focused on the Commission's ruling, since several of the patent claims Apple's asserting against Nokia in this case are also being claimed against HTC. We don't have a timeline on when the Commission will reach a decision, but we'll keep an eye on things.
Toshiba seeks to prevent Wistron laptop imports to the US
Don't you sometimes wish legal squabbles like this actually delivered on their promises? There's pretty much no way that Toshiba's patent claim with the US International Trade Commission will lead to a ban on Wistron imports -- the company builds laptops for Acer, Dell, HP, Lenovo and others, and will likely settle in cash long before any rulings against it -- but it's fun to imagine the mayhem that would result if such an eventuality were to materialize. A quick look at the rankings of global computer vendors shows that Toshiba is mostly trying to throw a banana skin in front of its direct competitors, claiming as it does that Wistron products infringe on its methodologies for touchpad production and file saving when the laptop loses power. The ITC, should it decide to investigate, will take up to 15 months on this matter, so no breath-holding is advised just yet, though if that settlement does eventuate it should be a pretty breathtaking number.
Apple retaliates: requests US import ban on Nokia phones
As expected, Apple just responded to Nokia's ITC request to ban Apple device imports with a US embargo request of its very own. Notice of Apple's complaint (without any detail) was posted yesterday on the website of the International Trade Commission -- a government agency tasked with protecting the US market from unfair trade practices. As you might recall, the whole Nokia v. Apple legal spat started with Nokia suing Apple for infringing upon Nokia patents relating to GSM, UMTS, and WiFi; a claim later expanded to include "implementation patents" covering a wide range of items including camera sensors and touchscreens. While the ITC hasn't agreed to investigate either Nokia's or Apple's complaints, it is customary to do so with investigations usually taking about 15 months to complete. We'll post more when the details of Apple's patent infringement complaint are revealed.
Samsung and Kodak put an end to patent squabbles
It looks like Kodak and Samsung's 'patent squabble' can be attributed to misplaced affection. According to some newly minted PR, the companies have inked a technology cross-license that will allow each access to the other's portfolio. Details are scarce, but apparently Sammy has already made a payment to Kodak as credit towards the royalties it will owe once it dives into the classic imaging company's back catalog. And how about all that alleged patent infringement? The lovebirds have agreed to file joint requests to terminate proceedings and settle their lawsuits against each other, heralding a new era of peace, love, and cooperation -- a great way to begin a new decade, don't you think? Chuck Woolery, you've done well. PR after the break.
