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Apple wins injunction against Motorola in Germany
Today the Munich I Regional Court handed down a decision awarding Apple an injunction against all Motorola products that violate a patent on "portable electronic device[s] for photo management." That overly broad-sounding claim appears to apply specifically to the bouncing over scroll animation found in the company's photo gallery application, so a small tweak to the existing software could quickly and quietly put this issue to rest. Still, according to FOSS Patents' Florian Mueller, there is a small (and we do mean small) chance that Apple could choose to enforce the ban, which could require Motorola to destroy all existing products that violate the claim. This includes items already on shelves, which would have to be recalled. More likely though, despite Apple's victory regarding the zoomed-out in view in the Android gallery app, Motorola will continue to be able to sell the Xoom and two infringing phones. On a somewhat related note, is it safe yet to officially dub Germany the successor to Texas' Eastern District -- patent trolling capital of the world?Update: We erroneously stated that it was the zoomed-out view that was found to be in violation of the patent, when in fact it was the zoomed-in one. Motorola successfully defended itself against claims the zoomed-out interface also infringed on Apple's patents. Motorola reached out to us with the following statement: "Today's ruling in Munich, Germany on the patent litigation brought by Apple concerns a software feature associated with performing certain functions when viewing photos in a 'zoomed in' mode on mobile devices. We note that the Court ruled that performing the functions in a 'zoomed out' mode does not infringe on this patent. We expect no impact to supply or future sales as we have already implemented a new way to view photos on our products that does not interfere with the user experience."
Apple scores temporary ruling in Motorola battle, can keep selling iPads, iPhones in Germany
Apple today won a victory in Germany in its on-going legal dispute with Motorola Mobility. An appeals court in that country ruled that Cupertino can continue to offer its wares in its online store while it appeals a ruling that temporarily barred their sale. According to the court, the continuation of such a ban on iPads and iPhones would affect Motorola's abilities to maintain its "duties under antitrust rules." The temporary ruling is the latest in an on-going legal tug of war between the two handset makers in that country.
ITC closes the book on HTC's first complaint against Apple, still working on its sequels
Remember that first shot across Apple's bow that HTC fired way back May of 2010? No? We don't blame you. Since that initial exchange of complaints against each other the patent war has spun almost completely out of control. Well, in October an ITC judge handed down an initial ruling, rejecting the Taiwanese manufacturer's claim that Cupertino and crew had infringed upon its patents. Now, almost four months later, a final judgment has been issued, consistent with the initial decision -- Apple is not in violation of the patents in question (which primarily concern the dialer and power management features) and the investigation has officially been closed. Don't get your hopes up too much though, this is just the first complaint in a long series of suits the two have filed against each other and HTC can always appeal in a federal circuit court. In other words, there's plenty more where this came from.
Apple sues Motorola over Qualcomm license, makes us dream of a world without lawyers
There are literally no words (at least no family-friendly ones) to describe the insanity that is the ongoing legal war between practically every player in the mobile scene. You can't lay the blame entirely at Cupertino's stoop either -- Motorola, HTC and Samsung all deserve plenty of our ire as well. The tablet and smartphone industry appears to be trying to sue itself out of existence, and Apple's filing today against Motorola Mobility in the US District Court of Southern California is just latest in a long line of legal ploys likely to inspire you to slam your head against a wall. The purveyors of all things "i" has accused Moto of breaching a licensing contract with Qualcomm when Moto hit Apple with four patent claims in Germany. That license covers wireless technology Qualcomm uses in its MDM6610 chip, and also purportedly covers Qualcomm's customers who purchase and use said chips. Naturally, that bit of silicon is a component in the iPhone 4S, so Apple argues that it's safe under the terms of the contract. Furthermore, Cupertino claims Motorola is barred from suing under the doctrine of exhaustion -- which is a legal defense that once a patented item is sold (i.e. when Moto licensed its technology to Qualcomm), the patentee's control over that item is exhausted and it can't sue anyone else for infringement.So, this new suit filed in San Diego seeks to prevent Motorola from enforcing its claims in Deutschland. It also aims to keep Motorola from suing Apple for its use of Qualcomm components incorporating licensed Moto technology anywhere else. Confused? We won't lie, we are a little bit too, but all is revealed in the complaint found at the source link below.
NVIDIA and Rambus settle, sign patent deal, kiss and make up
Some of you thought it would never happen. You thought that these two mortal enemies would spend the rest of their multinational corporate lives alternately at each other throats and eyeing the other with suspicion from across the boardroom. After dropping some claims and winning others, Rambus has signed an agreement with NVIDIA that puts to rest their remaining legal disputes. The deal will allow NVIDIA to use patented Rambus tech in its products for the next five years, without fear of legal action -- though, neither side will say how much that privilege cost. Now that the battle between the two, which began way back in 2008, has finally come to a close we can all finally get back to the very important business of forgetting who or what Rambus is.
Judge attacks Oracle's 'stratospheric' damages claim against Google, postpones trial
Everything we've heard about Judge William Alsup tells us he's a guy you don't mess with -- and yet Oracle seems bent on doing precisely that. When the company initially demanded $6.1 billion from Google in recompense for alleged violations of its Java patents, Alsup laughed that figure out of court and suggested $100 million might be closer to the mark. Ellison's crew then came back with a revised claim of $2 billion, which we just knew would lead to another smackdown. Well, here it is: the judge has now cancelled the latest trial date (which had been scheduled for March) and refused to set a new one until the claimant stops using "improper methodologies" for assessing damages, which are "obviously calculated to reach stratospheric numbers." Perhaps Oracle should try something more tropospheric?
Elan: 'Apple's paying us $5 million for multitouch patents'
Remember the longstanding patent punch-up 'twixt Cupertino and Elan Microelectronics? No? Well, Taiwan's Elan said that Apple infringed two of its multitouch patents, which the ITC disagreed with -- the judge stating he found no infringement and therefore no cause for an outright ban on sales of iDevices. Now, in a rather strange twist, and perhaps just to extricate itself from the case completely, The Haus of Tim is paying $5 million to Elan in an out-of-court settlement. Aside from the relatively paltry sum of cash, the settlement also allows the companies to cross-license each other's relevant patents -- a deal which might arguably serve Elan better than it serves Apple.
French court squashes Samsung's quest for iPhone 4S ban
Apparently it's time for the French to deliver Apple's tit for Samsung's tat won in US courts last week. Sammy's request for an injunction against the sale of the iPhone 4S was rejected by a court in France, which called the reaction out of proportion with its claims of intellectual property theft. And, as if to rub salt in the wound, the judge ordered Samsung to pay €100,000 (about $134,000) to cover Cupertino's legal fees. Of course, €100,000 is mere pocket change for these companies which probably spend more than that every day just to keep each other tied up in protracted legal battles.
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.
LG seeks ban on South Korean BMW and Audi sales, sticks out its LED lit tongue at Osram
Wouldn't it be nice if we lived in a world where we all just got along, people worked for the thrill of it, and knowledge was free? Yeah, fat chance dreamers. 'Sue', our new millennium's most oft-used verb, is getting some heavy play at the hands of the tech industry. The latest court room combatants? Why, that'd be LG Group and Osram. You see, once upon a time LG was late to the LED patent game, and was content to fork over the cash to Osram for use of its tech. Skip to now, and the electronics giant's claiming it can get its lighting goods elsewhere, picking from a plethora of relevant IP-holding companies and combining that with its own patents. Despite having already countersued Osram in July to prevent the import of that company's allegedly infringing products into South Korea, LG's gathered its legal arsenal once again to block the sale of Audis and BMWs throughout the entire country -- cars that include Osram's LED tech. It's hard to imagine the courts would grant such a wide-sweeping ban on major auto players' bread-and-butter. And all grandstanding aside, it's more likely the two fisticuffing parties will come to some sort of revised financial agreement.
Microsoft and Samsung sitting in a tree, patent s-h-a-r-i-n-g
Microsoft put on its nicest suit when it invited Samsung to the patent-licensing barn dance. Whatever it whispered as the two snuggled close during the slow jams about rescuing the Korean giant from the quagmire of Android litigation, it worked. Sammy has entered into a deal to license Redmond's vast patent archive and, if the rumors are to be believed, it will pay $15 per handset sold for the privilege. (No word on if that includes the $45 million in fees that would just cover sales of the Galaxy S II.) This seems like it could be an implicit vote of no-confidence concerning Google's promises that its acquisition of Motorola would make courtroom drama a thing of the past. There's also a strong reference to the pair collaborating on Mango, and we can only assume that it comes with a significantly less punitive licensing charge in place. Between Android, Windows Phone, Bada and Tizen, it's clear Samsung is hedging its operating system bets. There's a press release after the break, but take our word on it, at no point does it mention Steve Ballmer, lying naked on a bed of money, laughing to himself.
Oracle amends complaint against Google to $2 billion, risks the wrath of Judge Alsup
Oracle's damage claim against Google in it's battle over Java patents keeps inching downwards, but not nearly quick enough to please either Big G or Judge William Alsup. The Redwood Shores-based company initially sought $6.1 billion, but eventually lowered that to $2.6 billion. The judge responded by suggesting a far more modest $100 million starting point for a settlement and sent Oracle back to the drawing board. Well, the company amended its complaint, and is now asking for only $2 billion. Judge Alsup has grown noticeably more impatient with both sides as the suit has progressed towards trial, which is still scheduled for October. We can't wait to see what sort of outburst Oracle's latest move inspires in his honor -- we're expecting a flying gavel or two.
Apple wants to press pause on patent suits, calls Motorola a lame duck
In what could turn out to be a very expensive lesson in minding one's mouth, Apple plans to use Google's and Motorola's own words against them in court. Over the weekend, Cupertino's lawyers filed two motions to stay in patent-related litigation with Moto, claiming the OEM's pending merger renders its patent suits indefensible. According to Apple's legal team, the proposed Motorola Mobility acquisition effectively transfers patent control over to Google, an allegation that public-facing statements from both companies seem to corroborate. Citing the potential waste of resources and probable reversal of future pre-merger settlements, the house that Jobs built is hoping to hold off on the court room fisticuffs until after the GoogMo consolidation is settled. With both cases set for far-off trial dates in April and August of 2012, it looks like all parties involved have plenty of time to sort this mess out, and then battle it out once again.
LG, Sony drop patent infringement lawsuits, strike cross-licensing agreement
The testy patent battle between LG and Sony has finally come to an end, now that the companies have decided to lay down their arms and call a truce. In a statement issued today, an LG spokeswoman declared that the two parties have "agreed to drop patent infringement lawsuits against each other," adding that they've struck a cross-licensing deal on the TVs, smartphones and other gadgets in question. A Sony representative confirmed this, but did not offer further details. The spat began back in December, when Sony filed a complaint with the ITC over a handful of allegedly patent infringing LG mobile devices. The Korean manufacturer later struck back with an ITC complaint of its own, targeting Sony products like the Bravia and PlayStation 3. Now, however, the two have apparently learned how to play nice, though details on their settlement remain scarce. As soon as we have them, we'll pass them along.
Sun CEO's deleted blog post to help end Oracle vs Google patent dispute?
Ever heard of estoppel? The term, sadly, does not denote a new German electronic bus service, but is rather a court-ordered way of telling companies "no backsies" on previously made public statements. It could also prove to be another nail in Oracle's patent dispute coffin, should Google's latest Wayback Machine defense hold up. Thanks to the internet's never say die policy, a 2007 post, recently deleted by Oracle, from Sun Microsystem's then CEO Jonathan Schwartz has surfaced, in which he enthusiastically endorsed Android's Java base. The public statement falls in line with the aforementioned legal doctrine, potentially contradicting new owner Oracle's patent infringement claims. Unfortunately for both parties, Judge William Alsup doesn't seem to be too cool under the collar as he's reportedly blasted each for "asking for the moon" and chiding them to "be more reasonable." A final ruling in this case is still a ways off, but in the meantime you can head to the source to read Schwartz's damning praise for yourself.
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.
Judge tells Oracle to rethink $2.6 billion claim against Google
The war between Google and Oracle is far from over, but the big G keeps racking up tiny victories in what are admittedly modest battles. Now the Redwood Shores-based company has been told to go back to the drawing board with its damages report. Originally Oracle sought $2.6 billion, but its theories were largely dismissed and Judge William Alsup suggested an alternative starting point of roughly $100 million. The company still has an opportunity to present a new report, one that will likely seek much more than the proposed $100 million, but things are looking increasingly tough for the claimant. It wasn't all good news for Goog, though. While the judge told Oracle to narrow its focus from Android as a whole to just specific infringing features, he did agree that related advertising revenue should be included in the theoretical royalty base. He also offered harsh criticism for what he viewed as its "brazen" disregard for intellectual property rights. The trial is still scheduled for October, so we should have a better idea of how this whole thing will play out by Halloween.
Lodsys adds Rovio, Atari, EA and others to patent suit, makes birds even angrier
If you thought Lodsys was done making a spectacle of itself and dragging app developers to court, you were sorely mistaken. The king of the patent trolls has amended its original complaint against mobile devs, removing one company, but adding five new ones -- all of them big names. Rovio, Electronic Arts, Square Enix, Atari, and Take-Two Interactive have been added to the list of defendants in the suit filed back in May. Vietnamese company Wulven Games has been dropped from the complaint, but Lodsys has more than made up for it by directly targeting possibly the largest mobile title out there -- Angry Birds. You can find the completely amended filing at the source link and, if you're in the mood for a bit of a refresher, check out the more coverage link.
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.
Flush with success, Microsoft hopes Samsung will be its next Android patent bounty
Wistron? Check. HTC? Double-check. Velocity Micro? Been there. Itronix? Done that. Microsoft has found plenty of corporate entities willing to be wooed with its patent-waving ways, and the company hopes the next notch on its bedpost will be a big one: Samsung. Reuters is reporting that Microsoft is after a $15 bounty per Android handset sold, which, if already in place, would have put Sammy $45 million in the hole thanks to the Galaxy S II's successes. Why would Samsung agree to such terms? It's possible Microsoft is requiring that this agreement be put in place for companies that want to produce Windows 8 tablets. Or, maybe it's just because everybody else is playing along. Nobody likes a follower, Samsung, nobody.
