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Tim Cook and Larry Page reportedly chat about patent war
According to Reuters, Tim Cook and Larry Page have been having behind the scenes chats over the last week or so, most notably about the ongoing patent proxy war between the two companies. According to sources, the Apple and Google CEOs spoke last week over the phone and are planning a meeting where, hopefully, they can hash out some of their differences. Discussions are also apparently taking place at lower levels, which could indicate this is a concerted effort to put to rest the tiresome battles over intellectual property. Unfortunately, details about what exactly the two talked about, and how broad those conversations were are unknown. But, it's definitely a good sign that the two sides are talking. Perhaps the relatively new corporate heads can avoid going completely "thermonuclear," as Cook's predecessor infamously threatened. Update: All Things D has gotten confirmation from its own sources, and points out that Google is "wearing several hats here," including one as the owner of Motorola Mobility, which is currently suing Apple. However, we're still holding out hope that the licensing deal struck between those two companies is a sign of better days to come.
ITC decides Apple didn't violate Motorola WiFi patent after all, tosses case back to judge
Trouble looked to be brewing for Apple last April: an International Trade Commission judge made an initial ruling that Apple infringed on a standards-essential Motorola WiFi patent, raising the possibility of a trade ban if the verdict held true. The fellows in Cupertino may have caught a big break. A Commission review of the decision on Friday determined that Apple didn't violate the patent, and it upheld positions that exonerated the iPhone maker regarding two others. Apple isn't entirely off the hook, however. The ITC is remanding the case to the judge to review his stance that Apple hadn't violated a non-standards-based patent, which still leaves Apple facing the prospect of a ban. However, having to revisit the case nearly resets the clock -- we now have to wait for another ruling and a matching review, and that likely puts any final decision well into 2013. Google-owned Motorola isn't lacking more weapons in its arsenal, but any stalled proceedings take away bargaining chips in what's become a high-stakes game.
Judge cuts international Galaxy S and S II, Galaxy Ace from Apple lawsuit against Samsung
Apple rested its side of the case in its main lawsuit against Samsung on Monday, and with the switch of focus came a small sacrifice. While Samsung failed in a Hail Mary bid to have the suit dismissed, it successfully argued that a few devices should escape the clutches of a full-fledged ban. Don't get too excited, though: the exclusion list mostly touches on phones that only reach US shores through unofficial importers, including the Galaxy Ace as well as international editions of the Galaxy S and Galaxy S II. The decision still leaves the American variants of phones under scrutiny, and it doesn't change Apple's hopes of a large licensing fee for all the alleged transgressions. We'd still say the exemption provides some small amount of relief for Samsung, however. Most of Apple's early, less-than-flattering accusations of trade dress violations focused on the more familiar-looking foreign Galaxy models and lose some of their thunder when leveled against the conspicuously altered designs that eventually set foot in the US.
Apple, Samsung reveal sales data to the court, boast of millions served
Have a smartphone from Seoul or Cupertino riding in the pocket of your jeans? You aren't the only one. New documents filed in Samsung and Apple's ongoing legal battle reveal specific sales data going back several years, confirming something we always knew to be true: there are a lot of devices out there. Samsung's filing reveals that it has sold 21.25 million "accused" phones and 1.4 million tablets from June 2010 to June of this year, and further breaks down the data by device and, in some cases, carrier. The Galaxy S II, for instance, takes the lion's share of US sales with over 4.1 million units sold between all models and carriers. The Epic 4G makes an appearance at 1.89 million sold, and the Captivate totals in at 1.39 million. Finally, the Samsung Prevail lives up to its moniker by netting 2.25 million in sales, lagging only behind the Galaxy S II -- though its $180 asking price brought in significantly less revenue per unit. Apple's charts are a bit less specific, detailing the total sales of its iPhone, iPad and iPod Touch lines rather than the sales of each specific hardware iteration -- though where it falters in detail it makes up in numbers. U.S. consumers have snatched up 85 million iPhones since 2007, alongside 34 million iPads and 46 million iPod touch devices -- bringing in almost $80 billion in revenue, collectively. Puts those quarterly reports into perspective, doesn't it? Check out both charts in full at the source link below.
Apple seizes on Samsung internal document as proof of mimicry
As much as Apple would love for Kwon Oh-hyun to turn up at court and tearfully confess to being a copycat, that's probably not going to happen. Instead, Cupertino's lawyers are burrowing through Samsung's history in search of a legal smoking gun, and one of their latest submissions has been presented as just that. It's a 132-page document written in 2010 by Sammy engineers that directly compares the iPhone against the Galaxy S and makes recommendations about how the latter should be more like the former. The excerpt shown above, which focuses on the aesthetics of icons on the rival handsets, even appears to contain advice about how Samsung should copy Apple without appearing to copy them so much, whereas the full document embedded after the break reveals how all-encompassing the internal guidance was. On the flip-side, Samsung may well argue that any responsible company should compare itself to its competition in this manner, and you can bet there's an army of lawyers beavering away right now to make that sound convincing. [Thanks, Alex]
Judge rules against Apple in Kodak patent dispute, cites disruption to next week's auction
Is this Kodak's moment? It's sure shaping up to be, as Bloomberg reports the once prominent imaging company has just earned a slight, though significant courtroom victory against Apple. At stake is the ownership of ten patents related to digital imaging, two of which have been deemed incontestable by a Manhattan bankruptcy judge due to Cupertino's late stage ownership filing. Citing potential disruptions to next Wednesday's auction, Judge Gropper ruled against Apple's claims, while also striking down Kodak's request for a summary judgment on the eight remaining IPs and leaving the door open for further dispute. So, though it may seem like the Rochester-based company is finally out of the woods, this certainly isn't the end of its woes -- Apple has now filed counterclaims and is seeking a transfer of the case to district court. And if the House that Steve built's legal track record is any indication, it's not going down without an interminable fight.
InterDigital wins appeal in never-ending Nokia patent battle
We'll leave labeling of InterDigital to the individual -- whether you prefer patent troll or non-practicing entity, the semantics don't concern us. What does concern us, however, is the IP firm's ongoing legal battle with Nokia, and its recent victory over the Finnish manufacturer in the US Court of Appeals. The ruling reverses a previous decision handed down by the ITC that found Nokia did not violate InterDigital's patents, but the trio of judges hearing the appeal disagreed. The claims in question relate to 3G radios and networks -- the same patents that the firm used to target ZTE and Huawei. It doesn't appear that there will be any immediate repercussions for Nokia, either in the form of import bans or settlement fees. The Windows Phone champion is considering its next move, which may involve appealing the appeal.
Rambus planning appeal after losing ITC patent case against LSI and STMicroelectronics
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.
Fujifilm sues Motorola over broad camera and phone patents, claims RAZRs and Xyboards are at fault
Motorola won't have had much of a break following the dismissal of a key Apple lawsuit, after all. In a low-profile move, Fujifilm has sued Motorola for allegedly violating four particularly broad patents on camera and phone technologies -- we're talking basics such as transmitting data outside of a cellular network. The camera designer has supposedly been pushing for a licensing deal since April of last year without much success, and it's asserting that "at least" a wide swath of Motorola devices released both before and after that time are the key offenders, including the RAZR MAXX and Xyboard lines. The complaint is scarcely into the docket and makes it difficult to gauge just what kind of chance Fujifilm has to win in court; we just know that Motorola's (and now Google's) patent lawsuit headache is developing into more of a migraine.
RIM slapped with $147.2 million in damages from Mformation patent lawsuit (update: RIM response)
RIM just keeps taking hard knocks in the patent arena. Just days after Nokia had its turn piling on extra infringement claims, device management developer Mformation Technologies has won a hefty $147.2 million verdict against RIM for allegedly violating a remote management patent. The damages amount to $8 for every BlackBerry linked up to a BlackBerry Enterprise Server up to a certain point -- no small impact for a company whose lifeblood is business. About the only reprieve is an escape from future penalties, which would most certainly have soured the recovery efforts for a company already on the ropes. The crew from Waterloo hasn't yet responded to the verdict, but it's hard to picture the company leaving those kinds of damages to sit without an appeal. Update: RIM has issued a statement in response to the verdict, and it's unsurprisingly putting forward motions that it hopes would overturn the verdict. It's also keen to point out that issues like the obviousness of the patent haven't been settled, which it hopes would deflate Mformation's case.
Apple sued by Shanghai firm for allegedly treading on patent with Siri, may say 'ni hao' in court
For all the heat it dishes out elsewhere in the world, Apple has had a hard time catching a break in China -- between having to settle with Proview over the iPad trademark and a recent, smaller dispute over Snow Leopard, it's been primarily on the defensive. The latest rear-guard action is in Shanghai, where Zhi Zhen Internet Technology claims that Siri's voice command charms infringe on a patent used for the Xiao i Robot voice system on phones and the web. We're just hearing about the lawsuit now, but Zhi Zhen insists that it's been long in the making with accusations filed in June and a patent application dating all the way back to 2004. Apple is characteristically silent on how it will tackle the case. We suspect it'll be more than a little eager to fight back in court: in addition to the lawsuit presenting a very conspicuous roadblock to bringing Siri to China with iOS 6, it comes from a company that hasn't been shy about plastering the Siri icon all over its home page.
UK judge rules HTC doesn't violate Apple's patents, invalidates Cupertino's claims
Well, Apple had a few legal victories over the last couple of weeks, but it's just been handed a significant defeat by Judge Christopher Floyd. The UK court handed down a ruling that HTC does not violate four Apple patents, including the infamous slide-to-unlock claim. What's more, the judge ruled that three of the four patents in question were not valid, among them the aforementioned unlocking design. The only one of the four patents that stood at the end of the day was related to scrolling through images in the photo management app, but HTC did not infringe upon the claim. This follows the ITC refusing an emergency ban on HTC products in the US. Don't think you've heard the last of slide-to-unlock, however. As HTC, Apple and Samsung have repeatedly shown, they're just as interested in competing in the court room as they are on store shelves (if not more so).
Kodak gets the green light to sell digital imaging patents
It's been a long road for Kodak to get to this point, but it seems the floundering company has finally won approval to sell off its digital imaging patents. Over the objections of Apple and Flashpoint (nothing like kicking a company when its down), the Bankruptcy Court awarded Kodak the right to auction off its Digital Capture and Kodak Imaging Systems and Services (KISS) patent portfolios. While the challenges haven't been completely dismissed, the ruling provides an opportunity for the struggling Rochester firm to move ahead with its auction plans in the face of what it calls "baseless claims." Soon enough the bids for the rather sizable and valuable portfolios will start rolling in, and should provide Kodak with enough cash to keep its head above water for a little bit longer. For more detail, check out the PR after the break. [Image Credit: MercerFilm]
Microsoft catches a break: ITC remands Motorola case, Xbox 360 dodges at least a 2012 ban
Things were looking grim for gaming in April, when the International Trade Commission decided that the Xbox 360 violated Motorola patents and the console's US future was in doubt. The agency hasn't necessarily reversed its decision, but it just gave Microsoft a significant (and possibly permanent) reprieve. The Commission has remanded Motorola's case back to the Administrative Law Judge that gave the initial ruling, which very nearly restarts the clock: a new ruling won't come for months, and the usual review process guarantees even more of a delay even if the decision once more works in Motorola's favor. Patent suit watcher Florian Mueller is now confident that the Xbox 360 won't face any real risk of a ban in 2012, at a minimum. If the new decision doesn't clear Microsoft outright, it still pushes any ruling past a Microsoft lawsuit's trial in mid-November, when Motorola might be blocked from attempting any ban using its standards-based patents. We've rarely seen a majority or total reversal of this kind of ITC patent dispute before it reaches the appeals stage, but there's a distinct chance of that flip happening here -- especially as the ITC is using Apple's successful dismissal of an S3 Graphics victory as the judge's new template.
Apple lands preliminary ban against Samsung Galaxy Nexus in the US (update: search patent the key)
It hasn't been Samsung's best week. Just days after Judge Lucy Koh granted a preliminary ban on sales of the Galaxy Tab 10.1, she's following it up with a similar granted request on the Galaxy Nexus. Judge Koh had already signaled that she thought Apple's lawsuit over four patents might have merit, but it's only now that she's deciding the potential damage is worth halting sales of the phone until there's a final trial verdict. Samsung will no doubt try to appeal the dispute, which centers on Android 4.0's slide-to-unlock mechanism (among other elements), but there's a lot more urgency here than with the outgoing Tab 10.1: the Galaxy Nexus is still a current-generation device, and just became Google's Android 4.1 phone flagship. Samsung's odds aren't great given that Apple has already used one of the patents to give HTC grief with its imports. Update: As patent lawsuit guru Florian Mueller found, the clincher for the ban was the patent on unified search that's linked to Siri. Although Judge Koh is inclined to believe Apple's view regarding all four patents, that search patent is the one whose violation would reportedly merit more than a slap on the wrist. She's similarly convinced that Apple's patents are legitimate and likely won't be dismissed anytime soon.
Kodak sues Apple for allegedly interfering with patent sales, has little nostalgia for your QuickTake
Kodak may have recently obtained clearance to sell some patents and help dig itself out of bankruptcy, but it wants to be extra-certain Apple is nowhere near potential buyers if a deal goes down. The former camera maker is suing Apple in hopes of making the former collaborator drop challenges to the ownership of 10 imaging patents from the early 1990s, when the two were still buddy-buddy enough to design the QuickTake camera line together. Claims by Apple and patent transfer recipient FlashPoint Technology are purportedly just attempts to stall any patent sale as long as possible and spook buyers away, forcing Kodak to make some hard decisions about its own lawsuits. That's not to say Kodak is a doe-eyed innocent here: Apple has accused Kodak of trying to sweep any patent disputes under the rug with bankruptcy as the pretext. Although the lawsuit is just one part of a larger story, it could more definitively answer whether or not Kodak has enough bullets left in its patent gun. [Image credit: Mikhail Shcherbakov, Flickr]
Judge puts Apple vs. Motorola hearing back on deck, asks the two to put up or shut up
Well, we did ask you to "tune in next week." Just seven days after he tentatively dismissed one of Apple's patent lawsuits against Motorola, Judge Richard Posner has given both sides a chance to prove their cases are worthwhile in a hearing on June 20th. As both sides are claiming damages, Posner wants them to explain if and how they're entitled to a payout should they win, including the possibility of a modest royalty instead of lump sums. Motorola is getting extra scrutiny since it's using standards-based patents that have drawn flak from lawmakers -- it will likely have to say how it thinks FRAND (fair, reasonable and non-discriminatory) licensing requirements for its 3G patent fit into its claims. The judge clearly warns that progress is contingent on Apple and Motorola meeting legal standards; if they fall short, it's not likely they'll get a third chance. Any success will revive the possibility of preliminary product bans, though, and that's something that most won't find something to cheer about.
HTC decides to buy S3 after all, keeps it on ice for future patent wars
HTC was exhibiting more than a bit of buyer's remorse after its acquisition of S3 Graphics went off the rails: it had used the $300 million deal to scoop up a company with a victory over Apple in a patent dispute at the ITC, only to see that decision reversed and its dreams crumble. S3 will be glad to know that HTC wants the shotgun wedding to last. The One X creator's general counsel, Grace Lei, is now promising that the buyout will wrap up at some point in the near future after "cautious assessment" of its worth. The union won't help HTC fend off escalating Apple assaults, but the 270 patents may make other companies think twice before starting a feud -- oh, and give HTC some graphics technology to improve its products.
Apple, HTC ordered by judge to sit down, try and make nice on August 28th
There's a trend starting to emerge of judges wanting Apple to talk settlements with others rather than duke it out in the courtroom. Just two weeks after Apple and Samsung were steered towards talking about a potential deal, a Delaware court has ordered Apple and HTC to meet on August 28th in the hopes that they could shake hands and put an end to an increasingly hectic legal battle under the eyes of a mediating judge. Whether or not that happens is very much up in the air. Apple CEO Tim Cook has said he's not a fan of lawsuits, but he hasn't showed indications that he would take legal action off the table just yet. Likewise, HTC is no doubt eager to eliminate phone shipping delays stemming from Apple's court wins, but the lack of immediate pressure and the hopes of winning countersuits might lead it to hold off. Still, if the court's ideal vision of the world comes to pass, you could see HTC's Cher Wang shopping in an Apple Store without staff giving her the evil eye. [Image credit: mobile01]
Tim Cook hates litigation, not quite ready to call a patent truce
Tired of the ongoing patent wars? Well, Tim Cook gave us some reason to hope. In response to a question about the potential for settlements in the current pile of lawsuits on the company's plate, the CEO seemed open to the idea. In fact, he used the "h" word to describe is feelings towards the process. "I've always hated litigation. I continue to hate it," he said, before striking a slightly more combative tone to clarify, "I just want people to invent their own stuff." So there you go, stop stealing Apple's inventions and its lawyers won't sue. Seems simple enough. The urge to avoid further legal tussles seems genuine though, saying that, if an acceptable agreement could be struck he'd "highly prefer to settle rather than battle."
