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HTC CFO says it's time to 'figure it out' with Apple
HTC's CFO Winston Yung appears ready to make a deal with market rival and patent nemesis Apple. The Taiwanese company has had some rather harsh words for the Cupertino crew, and it hasn't seemed any more conciliatory after getting slapped by the ITC. That may be starting to change, as Yung told Bloomberg, "we [Apple and HTC] have to sit down and figure it out." He went on to say that the house that Sense built was open to discussions with Jobs and co. but did not venture to guess what a final agreement might look like. Of course, it's worth pointing out that this is absolutely standard practice, and we'd expect nothing less. In fact, HTC really only has two options here: plead for licensing cooperation, or go into gummy bear sales.
Google's Eric Schmidt claims Apple litigates, doesn't innovate
Google's Eric Schmidt spoke at a mobile conference in Tokyo and addressed HTC's early loss to Apple in a patent infringement case. Schmidt believes HTC will prevail and is "not too worried about this" case. He also added that Google will "make sure" HTC does not lose this case. Schmidt didn't say how Google would support the Taiwanese handset maker, but cash and legal counsel are the two obvious contributions. His response also suggests this umbrella of protection would extend to any manufacturer facing litigation over Android. It wouldn't be a proper Schmidt talk without some controversy and the Google chief did not disappoint. Instead of addressing the infringement issues brought up by the complaint, Schmidt took a pot shot at Apple when he indirectly accuses the company of using lawsuits instead of innovation to compete in the marketplace. Schmidt says, "We have seen an explosion of Android devices entering the market and, because of our successes, competitors are responding with lawsuits as they cannot respond through innovations." Schmidt can say all he wants about Apple as this childish banter means very little in the marketplace. All this controversy will be forgotten later today when Apple announces its Q3 2011 earnings and knocks everyone socks off.
ITC rules for Kodak in Apple patent infringement complaint
The ITC handed down its final judgment in a patent infringement case Apple filed against Kodak. In a setback for Apple, the panel let the initial decision stand and ruled in favor of Kodak. On May 12, ITC Judge Robert Rogers found one of Apple's patents was invalid and that Kodak did not violate the other two cited in the complaint. The Apple patents in this case focused on image processing in cameras. One described a method for a camera to process two images at the same time, while the other lets users simultaneously adjust multiple settings like balance, color, sharpness and resolution. Apple's legal battle with Kodak is not over. The Cupertino company also faces an ITC complaint filed by Kodak. This complaint was filed against Apple and RIM and accuses the two companies of violating several camera patents held by Kodak.
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.
ITC finds HTC guilty of infringing two of Apple's patents, appeal expected in 3... 2...
Talk about a sting to start the weekend. The International Trade Commission has just made an initial determination in the ongoing patent infringement case between HTC and Apple (not to be confused with yet another, similar case involving Apple and Samsung), and it's not looking great for HTC. The judge ruled that HTC had infringed on two of the ten patents in question, and if this ends up flushing through, it's possible that select HTC products would be banned from ever arriving in the US. More likely, however, is a settlement between the two at war, with HTC forking out untold quantities of greenbacks in exchange for Apple backing away from the blockade trigger. 'Course, it's hard to say how negatively this will impact other Android handset makers, many of which may run into the same sorts of legal hurdles. Naturally, HTC's already saying that it'll appeal the ruling, while Cupertino's legal team is remaining mum. And, you know, grinning slyly. Update: All Things D is reporting that the two patents in question are 5,946,647 and 6,343,263, the former of which is said to be "fundamental to Android." It's also worth noting that said patent is one that's being argued over in a separate Apple vs. Motorola battle. That said, we aren't passing judgment just yet. HTC general counsel Grace Lei stated the following: HTC will vigorously fight these two remaining patents through an appeal before the ITC Commissioners who make the final decision. We are highly confident we have a strong case for the ITC appeals process and are fully prepared to defend ourselves using all means possible." [Thanks, Stephen]
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?
Kodak granted reprieve in its ITC battle with Apple and RIM
Kodak scored a small victory this week in its International Trade Commission (ITC) case against Apple and RIM for their devices' infringement of Kodak's patent on picture previews. Back in January, an ITC administrative law judge (ALJ) made an initial determination that the patent was invalid and that iPhones and Blackberrys don't infringe Kodak's IP. After reviewing the decision per the parties' request, the Commission changed a few of the ALJ's patent claim interpretations and remanded the case for fresh analysis regarding both infringement and validity. Kodak, naturally, is painting the remand as a victory, even going so far as issuing a celebratory press release. Such swagger seems a bit premature, however, as the judge could once again find in favor of the crowds from Cupertino and Waterloo. The next Kodak moment isn't until August 30th, when the ALJ is due to render his ruling. Stay tuned. Brian Heater contributed to this post.
ITC issues partial ruling against Kodak in patent-infringement case
Today was the day that the ITC was supposed to make a ruling about the patent infringement case it filed against Apple and RIM in early 2010, and sure enough, the word is out. The commission is upholding an earlier ruling by one of its judges which basically threw out the main image preview patent claim made by Kodak. However, two other claims have been restructured by the ITC, siding with Kodak on one claim and not making a determination on a third. The entire case is being sent back to lower courts for further review, giving Eastman Kodak Co. a remote possibility of prevailing with the other claims. Kodak was hoping for up to US$1 billion in damages, a sum that would let the beleaguered former photo giant restructure and develop products that would help it compete in the world of digital photography. With the case going back to the lower courts and the major claim essentially dead in the water, it's unlikely that the company will win much -- if anything -- in this patent infringement battle.
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 delays Kodak vs. Apple and RIM decision
The ITC has announced on Thursday that a decision on RIM vs. Apple and Kodak will be delayed [PDF] by one week. It's a bit of a surprise, especially this late in the day, as ITC was supposed to make a decision today. There's no clear reason for the postponement that we could find, but FOSS Patents suggests, "This could either be due to a delay on the ITC's part or a way for the ITC to give the parties more time to negotiate a settlement." You'll remember that Kodak sued both Apple and RIM, focusing mainly a patent broadly described as an "image-preview feature in camera phones." Kodak CEO Antonio Perez told Bloomberg that the company is seeking US$1 billion.
Apple accused of violating patented Wi-Fi antenna designs
The latest in a seemingly endless stream of patent lawsuits against Apple and other computer manufacturers has been filed in the US District Court for the District of Delaware. This time, the plaintiff is a company named Linex Technologies, which has filed suit against Apple, HP and several other companies that manufacture Wi-Fi products. Linex also filed a complaint with the International Trade Commission, asking for a ban on imports of products which it believes infringe on patents held by the company. Linex holds patents dealing with many wireless technologies and licenses those patents to manufacturers. The complaint targets Apple for allegedly violating a pair of patents related to the design and construction of Wi-Fi antennas. Not all Apple products are included in the lawsuit, but every MacBook model, the AirPort Extreme and Time Capsule are cited as infringing on patents held by Linex technologies. The plaintiff is asking the court to cease the sale of these products, as well as seeking damages for violation of the patents. This should be a fascinating lawsuit to watch as it unfolds. Apple and HP (which Linex alleges is violating the patents with Wi-Fi antennas in many PCs, servers, and the MediaSmart LCD HDTV) will be fighting this lawsuit with all their might as it affects many of their key product lines.
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.
ITC judge rules Apple did not violate Elan multi-touch patent
Reuters reports that an International Trade Commission judge sided with Apple in a patent fight brought on by Elan Microelectronics Corp. Elan alleged that that Apple had infringed on one of its multi-touch patents and used technology from the patent in the iPhone, iPad and iPod touch. Yesterday, the ITC judge ruled in Apple's favor, stating there was no violation of Elan's patent. When the case began Elan had asked the judge to bar all iPhones, iPads and iPod touches from being sold in the United States. Though this is a win for Apple, the judge's decision will not be final until the full International Trade Commission decides to uphold or reject the decision in August.
ITC rules in favor of HTC and Nokia in Apple infringement case
The ITC weighed in on the infringement complaint Apple filed against HTC and Nokia and decided the two handset manufacturers are not liable for infringing on Apple's patents. In the Monday hearing, Apple accused HTC of infringing on five Apple patents that focus on the "seamless integration of hardware and software." The patents describe methods for signal processing and inter-process communications. Nokia allegedly infringes on one of these signal processing patents. Apple sought a ban on the import of HTC's Android handsets as well as select Nokia devices. This initial ruling is a setback for Apple, but it's not the end of the line. The full six member ITC commission still has to review the case and rule on this initial decision. The commission has the opportunity to reverse this decision, but this initial ruling often weighs heavily in the commission's final decision. Apple could always opt to do what Nokia did when the ITC ruled against the Finnish company in its complaint with Apple. A few days after the ITC ruled against Nokia, the Finnish company filed a second infringement complaint against Apple that focused on seven new patents.
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.
Kodak and Apple win early victories at International Trade Commission, big bucks hang in the balance
Looks like the US International Trade Commission's had a busy week in tech, as Bloomberg reports the organization has ruled on two longstanding patent wars involving Apple, Nokia, RIM and Kodak. While neither is out of the woods quite yet, two companies have reason to be pleased: Apple and Kodak. ITC Judge E. James Gildea ruled that five Nokia patents don't apply to Apple products, making a ban on iDevice importation unlikely in the United States, and the commission has also agreed to reconsider Kodak's case against Apple and RIM (regarding camera image previews) with its full six members present. Since nobody likes having their products seized at customs, even such preliminary verdicts can lead to large cash sums being paid out, and Kodak thinks it's found a whopper here -- Bloomberg reports that Kodak received a total of $964 million in licensing fees from Samsung and LG, and the company thinks it can suck $1 billion out of its latest pair of defendants. We'll let you know how it goes down.
Apple wins first round in patent fight with Nokia
A Judge with the International Trade Commission in Washington has sided with Apple in a dispute Nokia brought claiming the iPhone was violating key patents. Bloomberg News and other wire services report that the ITC has found that Apple isn't violating 5 Nokia patents. Nokia had asked the Commission to bar the sale of the iPhone. Apple doesn't have any comment on the decision today and a Nokia spokesperson in Finland says the company does not agree there has been no violation. The patents in question are related to cameras, battery life, messaging, speakers and the touch screen. Apple has brought its own patent action against Nokia. Another Judge is expected to have a decision on that issue in June. Today's findings by the ITC Judge are subject to review by the six member Commission.
