patentdispute
Latest
HTC stops selling phones in UK while patent dispute rumbles on
HTC has stopped selling phones through its UK website while a patent issue plays out. Its handsets are all listed as out of stock, including the Exodus 1 blockchain phone, though the company is still selling them in other nations. They're also available through Amazon's UK site.
China grants Qualcomm a ban on some iPhone sales, Apple files appeal
A Chinese court granted Qualcomm an injunction against Apple that halts sales and imports of most iPhone models in the country. The court ruled that several devices, including iPhone X, violated two Qualcomm patents related to resizing photos and managing apps. Shortly after this news broke, CNBC reported that Apple was mounting an appeal.
Judge rules for Fitbit in patent dispute with Jawbone
Fitbit just won a legal ruling invalidating the patents Jawbone was using to block it from importing its foreign-made fitness bands to the US. The ruling reduces the chance for Fitbit to face an import ban from the US International Trade Commission, but Jawbone will move forward with a separate suit against Fitbit for stealing trade secrets.
Apple and Samsung CEOs to meet by February 19th, give peace another chance
Previous attempts by Apple and Samsung to negotiate a truce in the patent wars haven't exactly panned out, but they haven't given up hope yet. The companies' CEOs have just agreed to attend mediated settlement discussions no later than February 19th, potentially averting a trial in March (and likely future legal action). We'd like to believe that Apple and Samsung will finally reach an understanding, but we're not optimistic given how long the two have been at each other's throats.
US upholds ITC's import ban on older Samsung devices
Samsung isn't getting much of a chance to revel in its recent legal victories, it seems. While the President vetoed an ITC ban on imports of older Apple devices, he's not extending that same courtesy to Samsung -- his administration just upheld a parallel ban on certain Samsung phones. The Korean firm can ask for a delay in an appeals court, but it can't avoid the trade restrictions altogether. Not that the ban deals a serious blow, mind you. Affected devices like the Galaxy S II, Continuum and Transform have mostly left the market; at this stage, Apple's ITC victory is primarily symbolic.
European Commission proposes framework for unified patent court
Getting a patent in Europe is hard. Making sure it's protected in every European Union member state is even harder. That's why the European Commission announced today that it plans on simplifying this notoriously convoluted process by proposing the legal framework for a unified patent court. Currently, patents must be validated in each member state to gain EU-wide protection, but as you know, patent litigation is everyone's favorite past time. Companies can incur prohibitively high costs simultaneously defending their claims in multiple countries. By cutting the number of patent courts down from 28 to one, a unified system would streamline the process of handling infringement cases, and perhaps even promote growth and innovation. While the measure must be approved by the European Parliament and individual EU states in order to become law, the proposal appears to be a step forward in the right direction.
US patent office throws out Apple's pinch-to-zoom claim against Samsung
For those of you eagerly following the seemingly never-ending legal battle between Apple and Samsung (cue crickets), a recent decision by the US Patent and Trademark Office has thrown a wrench into Apple's master plan. According to documents filed by Samsung in the United States District Court for the Northern District of California on Sunday, Apple's Patent No. 7,844,915, which covers the two-finger pinch-to-zoom gesture, was found wanting by the USPTO due to it being anticipated by other patents and declared otherwise non-patentable, much like its "overscroll bounce" claim. Apple has up to two months to dispute the decision, though whether or not that action would gain the company any ground, either with federal court or the Patent Trial and Appeal Board, remains to be seen.
ITC tosses Motorola's sensor-based complaint against Apple
If you thought the patent war between Motorola (Google) and Apple was already over, you were mistaken. Though, today's decision by the ITC to toss Moto's complaint against Cupertino regarding the use of sensors to control the interface of a phone, might be one of the final blows struck. The claim over patent No. 6,246,862, was the last patent-in-suit standing from its 2010 complaint against Apple. Now it's been completely invalidated. The decision can still be appealed in the United States Court of Appeals for the Federal Circuit, and we can almost guarantee the company will take advantage of that option. (In fact, it already is with previous decisions that did not go in its favor.) With courts tossing out complaints left and right, and some companies even willingly withdrawing them, we certainly keep hoping that the era patent Risk is coming to an end. The ITC tossing out yet another complaint is a big loss for Motorola and Google. But, Apple has lost plenty of its own suits recently. It seems that both sides are settling into a stalemate. And ultimately pushing these competitors to innovate in the market instead of the courtroom is good for consumers.
Miami judge accuses Google, Apple of using the courts 'as a business strategy' (updated)
Miami U.S. District Judge Robert Scola had choice words for Apple and Samsung Google during a patent dispute between the pair, accusing the two of of having "no interest in efficiently and expeditiously resolving this dispute" and instead using such proceedings "as a business strategy." The Florida case began in 2010 and has since swelled to over 180 claims, causing the pair to ask the court to reduce the scope of the case. That caused Judge Scola to rail against the combatants, saying "without a hint of irony, the parties now ask the court to mop up a mess that they made," adding that he would "decline this invitation." Instead, he gave them four months to streamline the case themselves, lest it be placed on hold until all the nearly 100 terms in dispute are defined to everyone's satisfaction -- but we know how that's gone before. Update: The original post mentioned Samsung and Apple as the disputants, but it's actually a suit involving Google and Apple. Thanks for all who pointed it out.
Samsung and LG decide to settle OLED patent dispute behind closed doors
It looks as if Samsung and LG have both taken their fingers away from the red button marked MORE LITIGATION. It's being reported that the pair have come to an agreement to work out their OLED patent issues away from the harsh light of the courtroom. Korea's Yonhap News is claiming that a peace summit was held at a Seoul hotel, with Samsung's Kim Ki-nam saying that the pair will resolve the issues "one by one." Give peace a chance, folks.
Judge Koh: 'global peace' between Apple and Samsung would be 'good for consumers'
While Judge Lucy Koh may not pull down the same staggering wage or get as much TV time as that other well-known arbiter, she's just as outspoken in her own courtroom. While presiding yesterday over the neverending story that is Apple v. Samsung, she called for "global peace" between the two. Inciting chuckles from the crowd, she reaffirmed her point: "I'm not joking... it would be good for consumers and good for the industry." Head lawyer for Samsung said the company was "willing to talk," but the opposition wasn't so amicable, claiming that the billion-odd judgment in its favor was a mere "slap on the wrist," and that clear boundaries were necessary for setting a precedent. Cupertino's camp also attacked Samsung's design decisions, saying they were knowingly taken to the limit of what it could legally get away with, while the Korean manufacturer's team thinks Apple wants to "compete through the courts rather than the marketplace," and was using the courts to conduct a smear campaign. When commenting on the patent rows in a TV interview yesterday, Apple CEO Tim Cook repeated his stance on litigation, but said there was "no other choice," and that "in a perfect world," companies would "invent their own stuff." Sadly, it looks like Judge Koh's plea for resolution won't have much of an impact, but we're with her in thinking: if only this had all played out during a 10-minute segment on daytime TV.
USPTO director David Kappos to depart in January, leave mixed record in tech patents
Patents play an at times all too instrumental role in technology, so it's a potentially momentous event whenever there's a change in the gatekeepers at the patent office. Brace yourself for a possible sea change, then, as USPTO director David Kappos says he's bowing out in January. While we're still waiting on the reasons and a confirmed replacement, the exit will likely be a disappointment for those who like Kappos' patent reform efforts: the former IBM executive has taken steps during his tenure to implement the soon-to-be-active America Invents Act, which speeds up the patent approval process while filtering out some of the junk, and to cut back on a filing backlog that was getting out of hand. We can see how some might not mind the departure, however. Kappos has been quick to defend software patents as needed for innovation at a time when they're being tossed out and challenged over questions of obviousness and possible abuse in stifling competition. We'll only know his full legacy in technology once the AIA takes effect; depending on the choice of successor, it might not be long afterwards that the USPTO changes course. [Image credit: Center for American Progress, Flickr]
Motorola scales back ITC case against Xbox, drops WiFi patent complaints
Since taking over Motorola Mobility, Google has started to rein in some of the manufacturer's legal adventures. First, it struck a licensing deal with Apple in Germany, then it withdrew an ITC complaint against the company in early October. Now Microsoft is benefiting from its new, seemingly less lawsuit-happy adversary. Moto has decided to pull its WiFi-related patent claims from a complaint against the Xbox 360. That still leaves its H.264 patents on the docket, though, we wouldn't be surprised to see the case disappear completely before the two companies go to trial in December. Microsoft claims it's entitled to a reciprocal license from Google due to an existing agreement between Mountain View and MPEG LA. German courts have already ruled that Motorola's claims regarding its H.264 patents are strong enough to issue injunctions against the Xbox 360 and Windows 7, however the company has been unable to enforce those sales bans due to ongoing investigations in the US.
Dutch court rules that Samsung didn't infringe on Apple multi-touch patent
Once again, a decision has been made on an Apple versus Samsung patent dispute. This time, it's a Dutch court in the Hague, ruling that Samsung does not infringe on a Cupertino patent relating to certain multi-touch commands that the Korean firm implements in some of its Galaxy phones and tablets. This isn't the first time that the Netherlands-based court has found in favor of Samsung, and Apple had already lost a preliminary injunction on this same patent last year. Reuters also reports that the Hague court's decision comes in the same week that the International Trade Commission is expected to decide about further patent disputes between the two firms, which went in favor of Apple the last time around. At the very least, this long and bumpy ride isn't over yet.
South Korea delays ban on iPads and iPhones until Apple can appeal
Apple and Samsung have been recreating the Cold War through their own mutually assured destruction policy, and nowhere is that more apparent than their Pyrrhic victories in South Korea. For Apple, however, the pain will be just a little easier to bear. A Seoul court has confirmed that it's staying the ban on older iPads and iPhones until Apple can complete the appeals process; the Cupertino crew won't face the full penalty unless the appeals court upholds the verdict. Samsung hasn't yet asked for a similar pause on a ban covering some of its Android devices, though, which could lead to at least a momentarily lopsided situation in Samsung's home country. It's nonetheless a brief reprieve in a war that sadly won't end anytime soon.
Microsoft sues Motorola in Germany again, claims Google Maps violates patent (update: Google involved)
Motorola isn't going to escape as cleanly as it would like from Microsoft's patent lawsuit campaign. Microsoft has sued Motorola once more in Germany, only this time it's waging a more direct fight against Motorola's owner Google. The lawsuit claims that Motorola devices violate a patent for taking map information from one set and overlaying it with data from another -- a technique that describes Google Maps, not to mention virtually every internet-connected mapping system we know. Details aren't yet available for the devices allegedly at risk, but the accusation would make it harder for Google, Motorola or both to simply code around the problem if they lose. No doubt Microsoft is counting on just that obstacle to have the RAZR maker fall in line with everyone else and take a license just for using Android. Update: As patent case analyst Florian Mueller notes from his first-hand account, Microsoft quietly filed the lawsuit in April and received its first court hearing today. That's not the biggest news, however: Microsoft amended the lawsuit to include Google itself. While that's virtually necessary under German law to get the testimony Microsoft wants, it also means a rare (if not unique) instance of Microsoft attacking Google directly in court, rather than fighting proxy battles through Android hardware partners.
Moto pulls phones and tablets from German site pending software update
We wouldn't quite call it an unexpected turn of events, but it certainly qualifies as dramatic -- Motorola has pulled almost every Android device in its roster from its German site, leaving only the RAZR HD and RAZR i behind. German site Areamobile first reported the disappearance, and received word from Moto PR that the devices were removed while the OS was "being reworked." Though the company did not say it expressly, it appears the removal is related the various lost patent suits and injunctions awarded to its competitors. The manufacturer has been promising software fixes to address those complaints since early summer, but has yet to deliver them. We're sure the Xoom family and its sizable stable of mid-range phones will return to the site in good time, though, it wouldn't be a tragedy if the only surviving options were the newest members of the RAZR family. They're certainly the most compelling products currently offered (or soon to be offered) by the Google property.
German court sides with Motorola, says it didn't violate Microsoft patent (updated)
Perhaps it's not as loud or high profile as Apple vs. Samsung, but there is another patent war raging that is no less vicious between Motorola and Microsoft. The two have been at each others' throats for a few years now and, while Google has offered an olive branch or two to Apple, we've yet to see a similar gesture made in Redmond's direction. The latest chapter in this saga sees the regional court in Mannheim handing Moto a victory in a complaint filed by Microsoft over a patent relating to a set of mobile phone APIs. Its a rare bright spot for the new Google subsidiary, which has struggled to score legal points both in Germany in the US. Microsoft has scored several injunctions against Motorola products, while the lone ban awarded to the phone manufacturer remains unenforceable pending a breach of contract lawsuit. For a bit more detail dig into the more coverage link. Update: Microsoft's VP and Deputy General Counsel, David Howard, just issued this statement in response to the ruling. This decision does not impact multiple injunctions Microsoft has already been awarded and has enforced against Motorola products in Germany. It remains that Motorola is broadly infringing Microsoft's intellectual property, and we hope it will join the vast majority of Android device makers by licensing Microsoft's patents.
Daily Update for August 30, 2012
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for daily listening through iTunes, click here. No Flash? Click here to listen. Subscribe via RSS
Google and Apple may be talking about patents
Reuters is reporting that Apple CEO Tim Cook and his counterpart at Google, Larry Page, have been meeting to discuss the ongoing patent issues between the two companies. The two CEOs apparently had a phone conversation as late as last week, and are expected to talk again soon. A source told Reuters that a meeting was scheduled for August 31, but has been delayed for unknown reasons. It's also unknown if Cook and Page are working on a possible settlement of the many patent disputes between the two companies or are focused on just a subset of issues. Reuters noted that the two chief executives might be considering a "truce" over disputes concerning some basic features of Google's Android mobile OS. That would be a decidedly more peaceful course of action than Steve Jobs' plan to "go thermonuclear" on Google over Android. Apple is pulling away from other Google products. In the upcoming release of iOS 6, for example, Apple has chosen to use its own mapping solution instead of Google Maps and Google's YouTube is nowhere to be found in the pre-installed software.
