litigation
Latest
AT&T asks judge to stay T-Mobile merger court proceedings until January 18th (update: granted)
Just last week, the US Department of Justice indicated its desire to dismiss the lawsuit it filed to stop the union of AT&T and T-Mobile because of Ma Bell's withdrawal of the merger's FCC application. It looks like that's given the telco plenty more issues to ponder, so now it's asking Judge Huvelle to postpone further antitrust court proceedings until January 18. The folks at AT&T need the extra time to "evaluate all options" and "revise our current transaction to achieve the necessary regulatory approvals" for the merger. Because the DoJ has signed off on AT&T's petition, it seems likely the court will go along with the plan -- as opposed to killing the deal via a case dismissal at the hearing currently scheduled later this week. We'll have to wait and see if the Judge Huvelle grants the request, but if she does, this much is certain: Ma Bell's lawyers will be doing more work than merrymaking over the holidays. Update: It looks like Christmas came early for AT&T&T, as the New York Times reports that Judge Huvelle has granted the stay.
Australian High Court just says no to Apple appeal, Samsung breathes a sigh of relief
First, Apple got Samsung's Galaxy Tab 10.1 banned from Oz, then Sammy got the temporary injunction lifted. Undaunted, Apple vowed to appeal the Korean company's victory to the High Court of Australia, and today, The Register reports that the court has denied Apple's appeal. Details are sparse as to why Cupertino's arguments were unpersuasive, but one thing's for sure: Samsung's going to have a much more merry Christmas as a result of its latest legal victory. [Thanks, Jeremy]
Chanel counterfeiters beware: US federal court orders domain names seized and de-indexed
We're well versed in the art of the gadget KIRF 'round these parts, but counterfeiting's a problem faced by the fashion world, too. Chanel filed suit in federal court to stop hundreds of websites from selling KIRFs of its gear, and the judge recently ordered the seizure and transfer of those domain names to GoDaddy to hold in trust until the case is resolved. It was also decreed that they be stricken from the indices of search engines and social media -- including, but not limited to Bing, Google, Facebook, and Twitter. So it seems the federal courts have obtained the ability to order that legal remedy (the de-indexing) be given by companies not party to a lawsuit (Google, et al), though we know of no law granting it such powers. Of course, we can't know for sure until one of the accused copycat sites decides to lawyer up and fight back. Until then, fashion KIRFs beware: the feds can apparently wipe every trace of you from the internet.
Apple puts Galaxy Tab 10.1N on the chopping block, asks German court for preliminary injunction
It wasn't long ago that Samsung modified its Galaxy Tab 10.1 to get it back on the German market, and it didn't take long for Apple to respond. Apparently, Cupertino didn't take kindly to Sammy's sneaky workaround, and has filed for an injunction to stop the 10.1N from showing up on store shelves in Germany. The slate's fate will be determined on December 22nd, so we'll have to wait and see whether it joins its siblings on the sidelines, or is around to deliver some Honeycomb delights to those in Deutschland come Christmas morn.
IPCom to enforce injunction against HTC, ban sales of its 3G devices in Germany
HTC's had a rough go of it in the legal arena this year, and the company just got hit with another judicial setback in Germany. Patent holding firm (read: patent troll) IPCom was granted an injunction in 2009 against HTC based upon HTC's devices alleged infringement of an IPCom patent on UMTS 3G technology. HTC appealed that injunction in 2009 to suspend its enforcement, and today the German court upheld the previous decision. With the injunction back in full effect, IPCom plans to seek sanctions against the Taiwanese firm and ban the sale of its devices in Deutschland. So, that means HTC will have to pony up the cash to license the IP in question or leave lots of Beats fanatics disappointed come Christmas morning.
Personal Audio strikes again, has the Kindle Fire in its patent trolling sights
'Tis the season for reflecting upon our many gifts in life and giving thanks for them. If you're Personal Audio, however, once you've thanked your lucky stars that you own a patent on musical playlists, you then file an infringement suit against Amazon. That's right folks, Personal Audio is up to its old tricks again in the Eastern District of Texas, but instead of alleging iPods are infringing its IP, the Kindle Fire is squarely in the company's sites. The patents in question are number 6,199,076 that generally claims an audio player, and number 7,509,178 which claims the aforementioned downloadable playlists. Who knows if Amazon will settle out like Apple did, but as the web retail giant will move a ton tablets (among other things) this holiday season, it should have no shortage of cash do so.
Barnes and Noble tosses gloves aside, speaks its mind on Microsoft's Android licensing initiative
It looks like Barnes & Noble is mad as hell and just isn't gonna take it anymore. In a strongly worded letter to the Department of Justice, it's called Microsoft out as a "Patent Troll" and "Bully." When Redmond rolled up with its usual ultimatum: license our Android patents or we'll sue you, B&N demanded to know which patents the Nook was meant to infringe -- many of them trivial. The software giant demanded that as well as licensing fees, it would have veto power on design features and hardware requirements for future devices, which prompted the bookseller to contact the DoJ. Whilst you should take everything with a pinch of salt (and realize that both companies could be rattling the sabers), it's worth remembering that companies won't start calling in government agencies until no other viable options exist, which means this saga could be running for months, if not centuries. Head on down to our source link for all the gory details, replete with copies of the filings made.
Victory in Valencia: Android tablet maker gets Apple's iPad design lawsuit dismissed in Spain
Apple's taken its war on Android around the world and has won several battles recently, but the latest news from Spain isn't so rosy for Cupertino. Last year, Apple filed suit against Spanish firm NT-K, alleging it was infringing Apple's iPad design-related IP. Shortly thereafter, Apple scored a customs ban on NT-K's tablets, but yesterday a Spanish court decided to dismiss Apple's legal complaint and set NT-K's Gingerbread slates free. Victory in hand, the company plans to pursue a civil suit against Apple for damages caused by the ban. Score one for the green bot army, let's see if Samsung and HTC can follow their fellow Android OEM to the courtroom winner's circle.
Microsoft signs Compal deal, now takes money from half of all Android ODMs
Despite Steve Ballmer's apparent disdain for the Googly OS, he must love it really. He's now making money from ten separate Android and Chrome licensing deals, having just inked yet another agreement with Compal -- a large Taiwanese original design manufacturer (ODM) that builds tablets and smartphones for brands like Lenovo. From this point on, a "reasonable and fair" chunk of Compal's $28 billion annual income will be diverted to the coffers at Redmond. Overall, this means that Microsoft's tentacles have spread across 55 percent of the Android ODM industry and -- more importantly -- are poked firmly into two different mobile OS pies. As cut-throat as this approach might seem, however, it's surely better than freezing the market with cold and ceaseless waves of litigation. PR after the break. [Thanks, Majed]
Samsung's Won-Pyo Hong: Galaxy Nexus wasn't designed just to skirt Apple patents
Well, so much for that. Samsung's Executive Vice President of Product Strategy -- Won-Pyo Hong -- didn't say a whole heck of a lot on stage here at AsiaD, but he did clarify one thing near the end of his interview: he has 'no idea' where those earlier rumors came from. With "those rumors" regarding the matter of designing the Galaxy Nexus specifically to avoid patent troubles with Apple. According to Dr. Hong, the actual development of the Galaxy Nexus started with Google before the initial lawsuit hammer fell between the two outfits, making it impossible for the suits being flung back and forth today to have any impact on that decision.We believe it. These phones are designed months -- if not years -- in advance, and the actual process from concept to shipping takes a relative eternity. Furthermore, the original source (linked in More Coverage) only tied the quotes from Sammy's Shin Jong-kyun loosely to the Galaxy Nexus, and we're guessing that Samsung takes a look at all potential legal implications before shipping any product. In other words, the company's probably doing everything it can -- including paying Microsoft for every single Android device sold -- to avoid these nasty legal battles, but the Galaxy Nexus wasn't engineered just to sidestep another fight with the lawyers in Cupertino. And now you know.Update: In response to a question from Joanna Stern regarding Samsung's rethinking of hardware and software (mainly TouchWiz) in order to lessen its chances of being sued in the future, Dr. Hong did muster a very vague affirmation that a newer build of TouchWiz will eventually surface, and that it'll almost certainly be tweaked in a way that'll cause Apple's lawyers to salivate less.
Apple granted injunction against Samsung in Australia, no Galaxy Tab 10.1s allowed in the land of Oz
Among the many battlegrounds in the legal spat between Samsung and Apple, the case filed down under has had some of the most action. Just over a week ago, Apple wanted nothing to do with Samsung's attempt to settle the suit. Today, the crowd in Cupertino is glad that they rebuffed Sammy's overtures, because the Federal Court in Australia granted Apple's injunction barring the Galaxy Tab 10.1 from appearing in Aussie stores. That means that Sammy's svelte slate will not be for sale (legally, anyway) in Australia unless it can convince the court that its tablet doesn't infringe Apple's patents at trial. You've won this battle, Apple, time will tell if you win the war.
Apple rejects Samsung's settlement offer in Australia, seeks to 'maintain the status quo'
"Thanks, but no thanks." That's essentially what Apple told Samsung today, in rejecting an offer to end their ongoing patent dispute in Australia. Samsung's proposed settlement, presented on Friday, would've allowed the manufacturer to sell its Galaxy Tab 10.1 within Australia as early as this week, despite Apple's contention that the tablet infringes upon a handful of its patents. The agreement would've also resulted in a speedy court decision, but today, Cupertino told an Australian court that the proposal was simply unacceptable. "It is one we don't accept and there is no surprise," Apple attorney Steven Burley told reporters. "The main reason we are here is to prevent the launch and maintain the status quo." Samsung's lawyers, meanwhile, acknowledged that the rejection now lessens the chances for any settlement at all, arguing that a truce "is not going to be achievable... given the positions advanced by each party," and that the litigation may extend well into 2012. One of the Samsung's attorneys, Neil Young, added that his client isn't in a rush to conclude the dispute, speculating that it may take until March to prepare its defense. "If we can't get a decision out by mid-October, there is no urgency," Young explained. Neither Samsung nor Apple have offered official comment on today's developments, but we'll keep you abreast of the latest.
Samsung offers Apple a deal to allow Galaxy Tab 10.1 sales in Australia
Could Apple and Samsung's Australian patent battle be nearing an end? We're not sure yet, but things are looking slightly rosier, now that Sammy has approached its rival with a proposed compromise. As the Wall Street Journal reports, Samsung offered Apple a deal today that would allow its Galaxy Tab 10.1 to hit the Australian market as early as next week. Justice Annabelle Bennett pointed out that the agreement wouldn't allow Samsung to receive a final ruling on the dispute, but attorney David Catterns explained that it would at least allow the manufacturer to sell its slate ahead of this year's holiday shopping rush. Less clear, however, is what Apple would stand to gain from any compromise. The company's lawyer, Stephen Burley, acknowledged that "[Samsung's] inconvenience would be diminished and we would be comforted" by an agreement, though the details behind Samsung's offer remain unclear, and Burley declined to elaborate upon Apple's stance after today's hearing. As always, we'll keep you up to date with the latest.
VIA Technologies sues Apple for patent infringement
Seems like we can't go a week without another patent infringement lawsuit being filed, and this one's no different. Apparently, VIA Technologies, maker of fine computational processors, is mad as hell with Apple's allegedly infringing ways, and it's not gonna take it anymore. Filed in the US District Court in Delaware, VIA claims that Cupertino's iThings and Apple TVs infringe patent numbers 6,253,312, 6,253,311 and 6,754,810, which cover various microprocessor functions. A complaint's also been lodged with the ITC -- in order to hasten the settlement talks, no doubt. So, all that's left is the countdown until these two shake hands, exchange checks and go on about their business... preferably outside the courtroom.
New PSN user agreement makes it harder to sue Sony: class actions out (sort of), arbitrations in
Hmmm, wonder what brought this on? Sony's gone and changed the lingo in its PSN user agreement to require binding arbitration to settle any future disputes -- making it much harder for disgruntled customers to get their day in court. Want to keep your right to sue? You can opt out of the arbitration requirement by sending a letter to Sony's lawyers saying you'll be keeping your courtroom entry card, thank you very much. Additionally, the change won't affect class-action litigation started by August 20th of this year. That means people whose privacy was compromised in the great PSN outage of 2011 that already filed suit needn't be concerned. For the rest of you, we'd advise breaking out the pen and paper ASAP if you wanna keep the halls of justice open for future complaints. [Image from photosync/Shutterstock]
Microsoft adds Acer, ViewSonic to patent licensing list
You can go ahead and add Acer and ViewSonic to Microsoft's long list of patent licensees. This morning, Redmond announced a pair of new licensing agreements with the two companies, just a few months after striking similar deals with Itronix and Velocity Micro. Details, however, are few and far between, with Microsoft saying only that it will receive royalties from ViewSonic and that the patents in question pertain to both companies' Android tablets and smartphones. Of course they do. Both press releases await you, after the break.
WiLAN lawyers up, picks patent fight with Apple, Dell, HP, HTC and others
You know what the tech world needs? More patent litigation, which is why WiLAN is at it again in the rocket docket of the Eastern District of Texas. This time, instead of suing cable companies, it's going after the likes of Apple, Dell, HP, HTC, Kyocera, Novatel, Alcatel-Lucent and Sierra Wireless. There are two patents at issue: no. RE37,802 that covers CDMA and HSPA data transmission, and no. 5,282,222 which is related to data transmission tech with WiFi and LTE. Will the plucky patent troll get some quick cash, or will the big boys fight this one to the end? Stay tuned.
Openwave sues Apple and RIM for patent infringement
Add one more to the tally of patent lawsuits involving Apple and RIM. This time it's Openwave Systems using the license-by-litigation technique, and it's alleging that multiple devices infringe five of its patents on mobile internet -- including offline email access, cloud computing, and secure server access. The company claims that Apple's iPhone 3G, 3GS and 4, the iPod Touch, both iPads, plus RIM's Blackberry Curve 9930 and the PlayBook all infringe its IP. Apparently, Openwave initially took the pacifist route to persuade Cupertino and Waterloo to pay up, but when its overtures were ignored, it decided upon more aggressive tactics. As others before it, Openwave wants to fight a two front war in the ITC and federal court, but we'll have to wait and see if the ITC elects to take up the cause. Armchair attorneys can get a gander at all the juicy details at the source below.
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]
German court lifts ban on some European Samsung Galaxy Tab 10.1 sales
A Dusseldorf, Germany regional court has partly lifted a preliminary injunction issued last week banning Samsung from selling the Galaxy Tab 10.1 in Europe, the day after Webwereld noticed inconsistencies in Apple's injunction filing. Now Europeans (save those living in Germany) won't need to trek to the Netherlands to get their Tab fix -- at least until a verdict is issued after Samsung's August 25th appeal hearing. Sales of the device were originally banned following an Apple lawsuit alleging patent infringement, but were permitted to resume after a realization that a German court may not have the authority to halt sales of a South Korean company's device outside of Germany. Since the judgement didn't affect devices that had already been distributed to retailers, it's unknown whether or not the week-long ban has had any effect on sales.[Thanks to everyone who sent this in]
