litigation

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  • Via Licensing assembles an LTE supergroup to share standards-essential patents

    by 
    Daniel Cooper
    Daniel Cooper
    10.04.2012

    Dolby spinoff Via Licensing has shone a signal into the night sky and assembled some of the world's biggest telecoms players to form a patent supergroup. AT&T, NTT DoCoMo and Telefonica are some of the names that'll pool their standards-essential LTE patents to prevent getting embroiled in litigation over FRAND licensing. While there are some notable holdouts to the team, we suggest company president Roger Ross coax them over by hiring Michael McCuistion to write them a rockin' theme song.

  • Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction

    by 
    Michael Gorman
    Michael Gorman
    09.28.2012

    One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.

  • Google's Eric Schmidt compliments Apple in Korea

    by 
    Kelly Hodgkins
    Kelly Hodgkins
    09.28.2012

    Google's Eric Schmidt was in South Korea for the launch of Nexus 7 tablet launch and made headlines during his trip. According to a report in The Korea Times, the Executive Chairman shot down the possibility that Google Maps is pending approval by Apple and talked about the company's tumultuous, yet friendly relationship with the Cupertino company. Schmidt addressed Google's interactions with Apple when he was talking about the high-profile patent war that has erupted in the mobile industry. "Literally patent wars prevent choice, prevent innovation and I think that is very bad. We are obviously working through that and trying to make sure we stay on the right side of these issues. So ultimately Google stands for innovation as opposed to patent wars," Schmidt said. He added, "With respect to Apple patents, the best thing we can tell there are plenty of prior arts and I don't want to go beyond that." Though their relationship may be strained due to litigation, Schmidt did confirm that Apple "is actually a very good partner. Our two companies are literally talking all the time about everything." [Via Engadget]

  • Skyhook sues Google for patent infringement... again

    by 
    Michael Gorman
    Michael Gorman
    09.21.2012

    Last time Google found itself in court proceedings opposite Skyhook, it was facing anticompetitive and IP legal claims for forcing Android OEMs to use Google's location services. Yesterday, Skyhook filed a new complaint alleging that Google is infringing nine of its patents. FOSS Patents reports that the IP in question is, like last time, all about geolocation technology. The patents cover various aspects of a WLAN-based positioning system, and all but one of them were granted after the prior lawsuit, hence the new legal action. We've yet to hear Google's side of the story, but you can take a peek at Skyhook's airing of grievances at the source below.

  • Apple asks that eight Samsung devices be banned from US store shelves

    by 
    Michael Gorman
    Michael Gorman
    08.27.2012

    Favorable infringement findings in hand, we knew Apple would seek injunctions to ban Samsung devices from being sold in the US. And now we know that Tim Cook and company are following up on that billion dollar verdict and are seeking to enjoin eight handsets from being sold. As you can see in the chart above, the Galaxy S 4G, four Galaxy S II variants, the Galaxy S Showcase, Droid Charge, and Galaxy Prevail are all on the chopping block. Why is Apple only going after eight of the twenty-something devices found to be infringing its IP? Well, most of them are no longer being sold, and we all know how Judge Koh just hates having her time wasted.

  • Fujitsu and Acacia resolve patent disputes with settlement, keep it out of the courts

    by 
    Jamie Rigg
    Jamie Rigg
    08.27.2012

    Fujitsu's bank balance may be a little lighter today, since Acacia Research Corp. has reported that subsidiaries of both companies have signed a settlement deal over patent disputes. As usual, Acacia is keeping tight-lipped about exactly what the patents cover, but a little digging on our part has revealed they are related to flash memory and RAM technologies. The agreement resolves lawsuits in the works at district courts in Texas and California, which is probably a good thing. After all, these cases can get pretty messy when they go to court.

  • Editorial: Engadget on the Apple vs. Samsung ruling

    by 
    Engadget
    Engadget
    08.25.2012

    It's done. It's all over. There's nothing left now but the tears, the big checks -- and the appeals. After weeks of laborious deliberations and no shortage of courtroom antics the jury has issued its verdict and, while it isn't a complete victory for Apple, it's most certainly a loss for Samsung. Naturally, we have some thoughts on the subject. Join us after the break as we express our feelings.

  • Breaking down Apple's $1 billion courtroom victory over Samsung

    by 
    Michael Gorman
    Michael Gorman
    08.25.2012

    With a 20-page verdict form and 100 pages of instructions to explain it, many figured it would take longer for the jury to render a decision. But, the tech trial of the century has concluded, with Apple scoring a not-quite-flawless victory over its rival Samsung. While the company didn't win on every count, its cadre of lawyers did convince the nine jurors to award Apple over $1 billion in damages for Samsung's IP transgressions. Join us after the break and we'll hit you with the legal math that gave Apple a ten-figure bump to its bottom line -- and served as a shot across the bow of every other mobile phone manufacturer.

  • Apple and Samsung finish closing arguments, jury to decide their fate

    by 
    Michael Gorman
    Michael Gorman
    08.21.2012

    It's just one among many, but the headlining case in the Apple v. Samsung global war is finally drawing to a close. Today, each party attempted to persuade the jury of nine one last time with their closing arguments, and with the rebuttals complete, it is time for deliberation. Starting at 9AM tomorrow morning, the jury's job is to sift through the mountains of evidence proffered by each side, decipher the verdict form provided and reach a unanimous decision on the patent and trade dress claims at issue. Will Apple emerge victorious or will Samsung's arguments carry the day? Could a hung jury and a mistrial be the result? Tune in tomorrow (and maybe the next day, and the next...) to find out.

  • Samsung's defense against Apple patents begins with DiamondTouch table, LiveTile UI prior art

    by 
    Sean Buckley
    Sean Buckley
    08.13.2012

    Samsung may have convinced Judge Koh to toss a few international handsets out of Apple's lawsuit, but the Korean firm still has Cupertino's patent licensing accusations to contend with. Their tactic? Convince the court that Apple's claim to the inventions are invalid, and that the technology was developed prior to the disputed patent's filing. It's called showing "prior art," and Sammy's done it before -- famously showing a scene from 2001: A Space Odyssey in an attempt to put Apple's iPad design claims to rest. Today's examples were more grounded in reality, focusing on debunking Cupertino's claim to the "bounce back" effect that happens when a user reaches the end of a page and common multitouch zoom / navigation gestures. Samsung pitted the famous "bounce back" feature against an old PocketPC interface called LaunchTile, which allowed users to navigate through 36 applications by zooming in and out and a panning across a grid-like "world view" of said apps. Movement between grids snap to each zone, marking the end of a page. Apple shot back, noting that LiveTile's snapping navigation didn't work on diagonals, and cited other differences as well. Samsung wasn't deterred, however, and brought out DiamondTouch, a projector based multitouch table that utilized both one touch scrolling and pinch-based zoom gestures. The table even takes aim at the aforementioned bounce-back patent with a technology called TableCloth, which bounces back images that are pulled off screen. DiamondTouch's creator, Adam Bogue, told the court that he had demoed the technology to Apple privately back in 2003, noting that it was also available to anyone who visited the Mitsubishi Electronic Research Laboratories' lobby. If the jury takes to Samsung's claims of prior art, it could severely cut Apple's claims against it. Even so, Cupertino's lawyers aren't going down without a fight, and still have a number of navigation and design claims that Samsung hasn't addressed. The two parties are expected to keep up the fight for about a week, we'll keep you posted on the inevitable revelations as they come.

  • Microsoft licensed design patents at issue in Apple v. Samsung, Surface lovers breathe sigh of relief

    by 
    Michael Gorman
    Michael Gorman
    08.13.2012

    Last week, we found out about Apple's offer to license a bundle of IP -- including its iPhone and iPad design patents -- to Samsung back in 2010. Today, Reuters reports that Apple proposed a similar deal to Microsoft, and the folks in Redmond took them up on the offer. Details of the license itself are scarce, but the deal did, naturally, include an provision expressly prohibiting iDevice copies. So, for folks figuring that Microsoft might face a litigious future similar to Samsung's, think again. Looks like Ballmer and friends had the foresight to buy the rights to those rounded corners, edge-to-edge glass and black bezels on their forthcoming Surface tablets.

  • RIM escapes $147.2 million hit as Mformation appeal ends in victory

    by 
    Daniel Cooper
    Daniel Cooper
    08.09.2012

    RIM has successfully appealed its patent infringement verdict against Mformation, letting the company off the hook for $147.2 million in damages. It was originally ordered to pay the stack of cash after a jury found that it had violated a remote management patent, but a California judge has overturned the decision after reexamining the evidence. Mformation still has the scope to appeal and thereby cause a fresh trial to begin from scratch, which could be fun.

  • Judge denies Apple's request for dismissal after Samsung evidence leak

    by 
    Kelly Hodgkins
    Kelly Hodgkins
    08.03.2012

    Judge Lucy Koh denied Apple's request for a judgment that would hand the company a victory in its patent infringement case with Samsung, according to Electronista. Apple made the request after Samsung deliberately defied Judge Koh's order by releasing excluded documents to the media. These documents suggest Apple copied Sony when it designed the iPhone. Despite repeated attempts by Samsung to include these documents in the trial, they were excluded because Samsung produced them too late in the proceedings. Samsung lawyer John Quinn defended the company's decision to release the documents by saying Samsung was acting in accordance with the Court's view that the "...workings of litigation must be open to public view." Quinn adds that Samsung only provided these documents when journalists requested them and that it "was not motivated by or designed to influence jurors." Apple said in its motion that Samsung "apparently believes that it is above the law, and that it-not this Court-should decide what evidence the jury should see." Apple adds that Samsung "engaged in bad faith litigation misconduct by attempting to prejudice the jury." Koh may have denied Apple an early win, but she did not rule out the possibility of other sanctions against Samsung. The trial will resume as expected on Friday afternoon. [Via Ars Technica] #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }

  • Rambus planning appeal after losing ITC patent case against LSI and STMicroelectronics

    by 
    Daniel Cooper
    Daniel Cooper
    07.26.2012

    Rambus has lost the ITC dispute it filed with most of the electronics industry back in the day. Only LSI and STMicroelectronics remained as respondents after the company negotiated settlements with Freescale, Broadcom, MediaTek and NVIDIA. In its decision, the court found that some of the patents were unenforceable, while others ceased to be under the "clean hands" doctrine because Rambus had allegedly destroyed relevant documents. Company general counsel, Thomas Lavelle, has said in a statement that its next move might be to make an appeal to the Federal Circuit -- where it's hoping for better luck.

  • NTP reaches agreement with 13 patent defendants including Apple, Microsoft and Google

    by 
    Steve Dent
    Steve Dent
    07.24.2012

    One of the original "non-manufacturing IP firms," NTP, has just signed an agreement with 13 of the companies it sued for infringing its email patents. The tech industry whales paying for licenses include Google, Microsoft and Yahoo on the software side; wireless operators Verizon, AT&T, Sprint Nextel and T-Mobile; and handset companies Apple, HTC, Motorola, Palm, LG and Samsung. If all the litigation is blurring together in your head, we remind you that NTP is one of the founding patent under-bridge dwellers who made lawyers' eyes everywhere light up with a $612 million payout from RIM back in 2006. That seemingly gave them the courage -- and bankroll, presumably -- to attack the above companies in 2010 for infringement of its eight wireless email patents, including push technology. The terms of the settlement weren't disclosed, but considering the dollars paid out by RIM, "we can imagine quite a bit," to quote Han Solo. [Image credit: Shutterstock]

  • Luxembourg software company suing EA, Square Enix, several others over patent infringement

    by 
    Ben Gilbert
    Ben Gilbert
    07.23.2012

    What do Notch, John Riccitiello, Yoichi Wada, and Phil Larsen all have in common? A likely lacking fondness for Luxembourg-based software company Uniloc, who filed lawsuits against Notch's Mojang, Riccitiello's EA, Wada's Square Enix, and Larsen's Halfbrick recently (among others), contending that all the companies infringe on a networking patent held by Uniloc.The patent, US patent number 6,857,067, says that Uniloc has rights to a "system and method for preventing unauthorized access to electronic data," and Uniloc contends that the aforementioned corporations are infringing on that patent via Android-based games. In the case of EA, it's Bejeweled 2, and in the case of Square Enix, it's Final Fantasy III that's cited – if the game at any time communicates with a centrally owned server to legitimize its license, Uniloc contends that it violates the patent.Uniloc has a history of patent litigation over software. The company sued Microsoft in 2003, eventually winning. It has since filed suit against many, many other software manufacturers for other alleged patent violations.

  • Facebook and Yahoo! friends again, agree to patent cross-license

    by 
    Michael Gorman
    Michael Gorman
    07.06.2012

    And so, the Facebook v. Yahoo! courtroom tussle has come to an end. The two Silicon Valley giants have agreed to a legal truce and cross-licensed a bit of each other's IP, meaning that's one less legal donnybrook we have to worry about upsetting consumer sensibilities. Not only have the two settled their differences over their respective advertising and social networking patents, but they've also agreed to an ad sales partnership, too. Now, if only all those other, myriad tech litigants could amicably settle their differences with such alacrity. Perhaps they should all take a gander at the PR after the break to see how it's done.

  • Samsung denied: Judge Koh declines to lift injunction against Galaxy Nexus, but Google's got a workaround

    by 
    Michael Gorman
    Michael Gorman
    07.03.2012

    Happy Independence Day, Apple. Reuters reports that Samsung's request to have the preliminary injunction against the Galaxy Nexus lifted has officially been denied. This follows a similar ruling yesterday, when the Korean firm's plea to have a similar ban on its Galaxy Tab 10.1 also fell on deaf ears. This means that there will be no more Samsung Nexi on store shelves until either a workaround can be implemented or the case is resolved. And, according to All Things D, Google and Sammy have already got a workaround ready to go and the software patch implementing it will be pushed out "imminently." So, in actuality, the news isn't that bad for Android lovers, but it does put another feather in Apple's legal cap. Update: In case you weren't sure what "no more Nexi on store shelves" means, the phone is currently listed as coming soon in Google's own Play store, pending that software update that hopefully clears it for sale in the US.

  • Apple hits HTC with counterclaim lawsuit for failure to FRAND license 4G patents

    by 
    Michael Gorman
    Michael Gorman
    06.22.2012

    It's been far too quiet on the litigation front here at Engadget lately, but thankfully Apple's broken our courtroom news dry spell with a freshly filed counterclaim in the Eastern District of Virginia federal court. FOSS Patents reports that Apple's target is HTC, who Apple claims has abused two patents essential to the 4G/LTE wireless standard by using them in a legal action against Cupertino. In doing so, Apple asserts HTC breached its FRAND licensing obligations. The counterclaim was filed in response to an HTC-initiated complaint in the ITC, and comes hot on the heels of Apple's recent win in that case where it managed to exclude some Google patents that the Taiwanese firm borrowed to take Apple down. Will this new legal action meet the same success? We'll have to wait for lady justice to do her thing to find out, but in the meantime you can check out the source link for more.

  • Google's Project Glass trackpad gets swaddled in patent protection

    by 
    Daniel Cooper
    Daniel Cooper
    06.19.2012

    Remember when Sergey Brin was on The Gavin Newsom Show showing off Project Glass' right-sided physical trackpad? Today, that element of the tech was given the official thumbs-up by the US patent and trademark office. Legally-trained minds in the audience concerned about the appearance forming prior art, take it easy -- the patent was filed five days before the Google chief took to basic cable to demonstrate his pet project to the current Lt. Governor of California.