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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.
Where IPs go to die: a theoretical look at the belly of the online beast
The key to a secure online world of tomorrow? Why, that would be an internet that spends a bit more time padding its waistline at the protocol buffet. Researchers at the Georgia Institute of Technology have developed an evolutionary model, dubbed EvoArch, that simulates a survival of the IP fittest battle for the interweb's belly. Separated into six distinct layers, the top-to-bottom structure -- specific applications, application protocols, transport protocols, network protocols, data-link protocols and physical layer protocols -- reveals a fiercely competitive middle tier that often sees newer, non-specialized competition cannibalized in favor of an older, more dominant framework. The team created the theoretic model as a guideline for "architects of the future Internet... to increase the number of protocols in these middle layers," thus protecting the web from potential security vulnerabilities. Despite these proposed layer variances, however, further simulations of the model only churned out more midriff slimming eventualities. It seems our dear internet is destined for a damned if you do, damned if you don't hourglass-shaped evolution. Full PR after the break.
The Old Republic will not be region locked at launch
If you're a Star Wars buff who happens to be Australian, or an arctic explorer, or a space-pilgrim on your way to colonize Hyperion, know that BioWare has totally got your back. In order to ensure that gamers in exotic locations still have access to the highest number of droids possible, BioWare has announced that Star Wars: The Old Republic will not be region or IP locked at launch. Fresh-faced padawans and burgeoning sith lords will still have latency to content with, as no amount of midi-chlorians can break the laws of physics, but a little inconvenience never killed anyone. What has killed people, however, are the ice-tusked burrowing monstroliths of Hyperion. Be safe, brave explorers.
FCC details plans to bring texting, photos and video to 911 service
The FCC started talking about its intention to allow for 911 texting (and even photos and videos) last year, and now Chairman Julius Genachowski is out with a detailed plan for a "next generation" 911 service. The standout feature of it is just that -- the ability to send a text, photo or video in the event of an emergency -- but that also brings with it a complete overhaul of the backend of the service, and a switch to an IP-based architecture from the current circuit-switched system. That, the FCC says, should provide more flexibility and resiliency, and the agency has a number of other improvements in mind as well, including increased accessibility for people with disabilities, and new measures to improve the accuracy of location gathering (including new rules for wireless carriers). Of course, it all still is just a plan at the moment, but the FCC says it will consider a move to accelerate adoption of the plan next month.
Sanjay Jha hints at Motorola's plans to collect patent royalties from Android competitors
If you haven't noticed, the mobile patent wars have been heating up lately, and Motorola hasn't exactly been sitting quietly on the sidelines. In the past year, the company's been in the courtroom with a number of major players, including Apple and Microsoft, and now the outfit seems poised to go after other Android handset makers. According to Unwired View, during a keynote speech at the Oppenheimer Technology and Communications conference, CEO Sanjay Jha signaled that Motorola could soon go on the offensive when it comes to the competition: I would bring up IP as a very important for differentiation (among Android vendors). We have a very large IP portfolio, and I think in the long term, as things settle down, you will see a meaningful difference in positions of many different Android players. Both, in terms of avoidance of royalties, as well as potentially being able to collect royalties. And that will make a big difference to people who have very strong IP positions. If Motorola does indeed intend to differentiate itself from its competitors by clutching tightly to its patent portfolio, could we soon see a replay of Microsoft's recent royalty collection binge? We'll just have to wait and see.
Epic hiring for 'new unannounced IP'
If you're an experienced gameplay programmer with strong C++ skills and a history with Unreal Engine, Epic wants you to work on Gears of War 3. They also want to tease the entire human population of the universe by mentioning a "new unannounced IP" in the same want-ad, which could be literally anything. The possibilities are endless; that's why a secret new IP is always such an exciting thing. Without an existing universe restricting their creativity, Epic's designers are free to follow their whimsy. If we may be so bold as to make a suggestion, Epic, how about a point-and-click rhythm-adventure game set in an alternate future-history, where mathletes compete in life-or-death tournaments to decide the fate of nations? Or, alternatively, a twin-stick puzzle-racer about an army of genetically engineered Marmadukes?
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.
Lodsys adds Rovio, Atari, EA and others to patent suit, makes birds even angrier
If you thought Lodsys was done making a spectacle of itself and dragging app developers to court, you were sorely mistaken. The king of the patent trolls has amended its original complaint against mobile devs, removing one company, but adding five new ones -- all of them big names. Rovio, Electronic Arts, Square Enix, Atari, and Take-Two Interactive have been added to the list of defendants in the suit filed back in May. Vietnamese company Wulven Games has been dropped from the complaint, but Lodsys has more than made up for it by directly targeting possibly the largest mobile title out there -- Angry Birds. You can find the completely amended filing at the source link and, if you're in the mood for a bit of a refresher, check out the more coverage link.
No Comment: Washington State borrows Bodega's icon, with a tweak
Eagle-eyed reader Jeff spotted this icon in use over on the Washington State Department of Labor and Industries website, and it looked a little familiar to him, as a user of a certain unofficial Mac App Store app that has been around even before Apple's software distribution solution. Minus the actual name, it does look kind of familiar, no? Jeff emailed the Bodega app folks, who told him that nope, "They absolutely do not have the rights to that icon," and that he was "free to start publicly shaming them." Hey, you didn't hear it from us! Come to think of it, though, that Calculator at the bottom of the page also looks a little familiar. Maybe someone over in WA is just a Mac app fan?
It's official: Nortel patent sale approved by US and Canadian courts (updated)
Nortel was just looking for some quick cash when the company put its 6,000 telecommunications patents up for auction. Then Google decided that IP would make a mighty fine troll deterrent, and started a crazy bidding war to get it. A coalition of the willing -- including Apple, EMC, Ericsson, Microsoft, RIM, and Sony -- opposed Big G and paid $4.5 billion for the prize portfolio pending approval by the powers that be. Well, both Canadian and US bankruptcy judges just gave the purchase two thumbs up, and the deal is officially done. Now the question is whether the auction's victors will use these patents as a shield against those with trollish intentions or as a sword to strike at their enemies? Update: To clarify, the deal was only approved by the bankruptcy courts, and the US DOJ is examining the sale for its possible anti-competitive effects.
Prius Online goes worldwide
IP restrictions are about as much fun as any sort of restriction -- but they're also a sometimes necessary reality in the world of free-to-play games, where licensing companies frequently only accept players from a limited range of national IPs. But as Prius Online continues its open beta, the development team has decided to go the opposite route and fling the doors wide open, allowing players worldwide to access the game with no restrictions on regions. While that alone would be cause for celebration in some circles, the game has also added five new dungeons worth of content for beta testers to enjoy. There's no word on an official launch date just yet, so Prius Online's open beta testers will have to console themselves with the fact that the game is still in the testing stage even though the item shop is open. But you can log in from anywhere, and isn't that worth something? %Gallery-122493%
Crystal Dynamics planning new IP after Tomb Raider reboot
On the very first episode of Crystal Dynamics' podcast, The Crystal Habit, the minds behind the studio's upcoming Tomb Raider reboot sounded off on what their next project is going to look like. Studio head Darrell Gallagher explained, "We're starting to look at doing a new IP here, and we're in the very early stages of that." He added that the team hopes to "take all the learnings and the technology and everything that we've done with Tomb Raider over the last six years and apply that to something new moving forward." He added that the new game will shoot for the same story-driven action-adventure experience the team has almost exclusively curated during its career. We're actually pretty excited about the prospect of Crystal Dynamics taking on a new IP in the future -- not because we're excited by change, mind you, but because it means they're not planning on rebooting Gex any time soon.
Apple seeks preliminary injunction on Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1
Drama. Rather than leaving well enough alone -- at least long enough for its lawyers to properly enjoy the Independence Day weekend -- Apple has seemingly kicked its ongoing legal battle with Samsung up a notch. According to a filing discovered by FOSS Patents, the perturbed in Cupertino have filed a motion for a preliminary injunction with the US District Court for the Northern District of California. Interestingly, the motion hones in on just four devices: the Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1. It's a pretty bold move on Apple's part -- if this thing holds, and it's determined that the aforesaid products may well indeed be infringing on Apple's rights, Sammy could be forced to yank those products from US shelves within a couple of months. If it falls through, however, Apple's entire case will likely take a serious hit. We'd ponder why everyone can't just get along, but at this point, we're guessing the act of forgiveness has become a foreign concept for both parties.
Interplay says Bethesda knew Fallout MMO would, in fact, be a Fallout game
Just a couple of days after watching our nation's highest legal officers debate the impact of video games across this great country, it's time for us to return to a much sillier gaming lawsuit. Gamasutra obtained a June 23 court filing issued by Interplay regarding the developer's legally troubled Fallout MMO. The filing comes as a response to a preliminary injunction filed by Bethesda which attempted to prevent Interplay from using the franchise's story, setting and characters in their online opus. Interplay's counter-filing explains, "For at least four years, Bethesda has known that Interplay interpreted its right to create the Fallout-branded MMOG to include copyrighted content from the Fallout universe in order to make the MMOG a recognizable Fallout game." We don't know, guys -- that seems a little unreasonable. When we heard Interplay was working on a Fallout MMO, we just assumed it would be a massively multiplayer online puzzle-platformer set in a colorful, kid-friendly version of ancient Rome.
Motorola's new IPTV box features plug-and-play upgrade to DVR
While it had a streaming IP box for Comcast and and gateway for Time Warner to show off at the US cable show, in the UK Motorola's newest set-top box is this VIP1853. Its trick feature is an easy access hard drive port that lets it add a hard drive (or upgrade to a larger one) with the click of a button. It seems like a nice trick for pay-TV operators to roll out new boxes for low prices when it becomes available in Q3, but we'd probably prefer the ability to add our own storage (at sizes greater than the max 500GB allowed here) via USB or eSATA.
EVE Evolved: Third-party development
When EVE Online was first released in 2003, it was a primitive beast from a small indie studio operating out of a tiny office in Reykjavik, Iceland. Although EVE has been expanded over the years, not all of that development has come from creator CCP Games. EVE players routinely step in to fill gaps in the game's functionality through the development of third-party applications, websites and tools. Early apps like the EVEMon skill planner were very limited in what information they could access about a player's character, but with the introduction of the EVE API system, a huge wealth of information became available. Since then, we've seen a resurgence of third-party app and tool development, producing impressive apps like Capsuleer and Aura for the iPhone. We've also seen some incredibly useful websites like the ICSC jump planner suite, gambling site SOMER.blink and the Dotlan EVE maps with regularly updating statistics. Most app developers work on the projects in their spare time, and until now they've relied on donations or advertising revenue to keep up with server costs or keep development worth the time invested. As EVE is CCP's intellectual property, it's illegal for anyone to make money from it without the company's permission. This week, CCP released the first draft of a contract that would allow developers to monetise their apps, but the proposal was not received well by the EVE community. In this week's EVE Evolved, I look at third-party app development and what's wrong with the proposed deal.
Comcast to show off new Xfinity TV guide with Facebook tie-ins, Intel CPU Thursday (video)
Thanks to one of our readers getting an early install, we've already dug deep into Comcast's next generation Xfinity TV DVR, but on Thursday Brian Roberts will show it off in full (along with "new broadband speeds") at the 2011 NCTA Cable Show . According to the press release the new guide that blends internet content with TV broadcasts will include customizations and sharing tied to Facebook along with hardware built by Pace around an Intel CPU -- if anyone needs a suggestion for a service to add after Skype, we're thinking OnLive could be a good fit. The detail we're waiting to hear is when it will be upgrading the pitiful boxes currently available in our neck of the woods, but until then we have another tipster to thank for pointing out a cache of demo videos posted on the portal for initial testers in Georgia. The 17-minute compilation of walkthrough videos is embedded above, just try not to drool too hard over the HD formatted UI. [Thanks, Cypherstream]
