patentdispute
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ITC judge sides with Apple in Elan multitouch patent dispute
It's not over just yet, but Apple has now scored a significant victory in its longstanding dispute with Elan Microelectronics. As those with a long memory for patent-related matters may recall, Elan had claimed that Apple infringed on two of its multitouch-related patents in its various iOS devices, and it asked the ITC to impose an outright ban on the sale of those devices until the matter was settled. That obviously hasn't happened, and ITC Judge Paul Luckern has now ruled that it shouldn't happen in the future either, as he found that Apple did not violate the patents in question. That now leaves the final decision in the hands of the full International Trade Commission, which is expected to issue its ruling in August.
Court rules in Sony's favor against LG, PlayStation 3 free to enter Europe again
Well, it looks like there won't be a widespread PlayStation 3 shortage in Europe anytime soon -- the Hague's civil court of justice has just ruled in Sony's favor in its dispute with LG, and ordered that the 300,000 PS3s currently seized by customs be released to Sony for distribution across the continent. LG has also reportedly been ordered to pay €130,000 in legal fees -- and if it doesn't comply, it will face a fine of €200,000 per day until it does. That doesn't mean that the tussle between the two companies is over, however, as this ruling doesn't have anything to do with the patents at the heart of the dispute. [Thanks, Manit]
PlayStation 3 shipments to Europe now being seized after LG wins injunction against Sony
Sony and LG have been going toe to toe with allegations of patent infringement for over a year now, but Sony's now been dealt what's surely its biggest setback to date in Europe. The civil court of justice in the Hague has just granted LG a preliminary injunction that will see all new PlayStation 3s imported into Europe confiscated by customs for at least ten days. Those are apparently now already being stockpiled in Dutch warehouses while the drama plays out, and there remains a possibility that the injunction will be extended even further, which would almost certainly lead to a shortage of PS3s on store shelves -- as the Guardian notes, retailers generally have two to three weeks worth of stock on hand across the continent. Not surprisingly, Sony is said to be "frantically" trying to get the ban lifted, but it isn't making any public comments on the matter at the moment. [Thanks to everyone who sent this in]
Wi-LAN reaches settlement with Intel over patent dispute, set to receive a 'significant amount'
It's hard to know how to feel about this one, whether it's a case of a patent troll getting a delicious kickback or the little guy slaying the evil, giant, patent-infringing corporation. Whichever interpretation you choose, know that Wi-LAN has apparently been victorious in its long-running dispute with Intel, not actually winning but, according to Chief Executive Jim Skippen, receiving a "significant" settlement due to apparent infringements of the company's various wireless-related patents. There are apparently 16 other defenders left since Wi-LAN sued the world, but Intel throwing up its hands is not a good sign for the others. Or, maybe Intel just decided its legal fees are too high and is settling everything it can.
Dispute over Square card reader patent gets litigious
As folks who follow such things may be aware, there's been some dispute over the origin of Square's card reader technology more or less since the company (led by Twitter's Jack Dorsey) went public with it last year. That dispute has now gotten even more contentious, however, with Square and its chairman, James McKelvey, taking aim at REM Holdings and Robert Morley, who actually holds the patent to the technology. The key issue is that McKelvey is not listed as one of the inventors in the patent, despite claims that he was the one that actually conceived the idea in a "flash of inventive insight," and that he and Morley worked together to develop the idea (and later discussed obtaining patent protection with Jack Dorsey). And that's pretty much where things stand at the moment -- Square is requesting a court order to add McKelvey as a co-inventor on the patent, but there's no indication as to when or if that will happen.
Motorola and RIM settle patent dispute with a good old cross-licensing deal
We always like to hear of companies burying the hatchet (and the lawyers with it, if at all possible), and our latest source of good vibes are two North American phone makers that have been at each other's throats over patents since early 2008. Motorola and RIM had a previous intellectual property-sharing deal that expired at the end of '07 and with the companies unable to come to a suitable extension agreement, it all spiraled out into a big and silly legal discord. That has at long last been settled now, with RIM paying a one-off fee and regular royalties, as well as licensing some of its own patent catalog out to Moto, in exchange for using the Americans' knowhow in WiFi and other areas. All in all, an inevitable conclusion to an unnecessarily legalized negotiation. Now how about both you guys get back to building us those QWERTY sliders and 2GHz Androids?
Rambus and NVIDIA patent dispute gets a little closer to a resolution
We're just a few tech-related legal cases away from changing our name to Enpatent, and the latest to push us that little bit closer is yet another ruling in the long and drawn-out battle between Rambus and NVIDIA. If you need a refresher, way back in 2008 Rambus accused NVIDIA of illicitly using five of its patents, and most recently a judge ruled that only three of those five had been violated. Now two more patents have fallen off the legal wagon, with the US Patent and Trademark Office indicating that only one of the three remaining was a true violation, a second was rejected, and a third got a mixed ruling. So, from a start of five Rambus is down to basically one and a half, but NVIDIA is saying it isn't done yet, planning yet another appeal. Maybe we should call ourselves Enappeal instead...
Emblaze goes flame on, sues Microsoft and Apple for patent infringement
It looks like it's going to be one of those days. Emblaze, parent company of Else and creator of the First Else that we felt compelled to check the pulse of at CES, is going down the long, dangerous road of patent disputes, challenging both Microsoft and Apple with a lawsuit having something to do with streaming of media. Emblaze didn't say which patent was being infringed upon, but did say that Microsoft is doing the infringing in the tech behind its Silverlight Smooth Streaming, and that naughty boy Apple's HTTP Live Streaming is at fault. While we generally scoff at these sorts of things, this is the first such lawsuit we've seen from Emblaze, and investors at least think it has merit, boosting the company's shares by 13.5 percent. But what do investors know about patent disputes? Update: Dan from StreamingMedia wrote in to let us know that the patent in question is the vague, 1999-vintage 6,389,473 called "Network Media Streaming." It covers "a method for real-time broadcasting from a transmitting computer to one or more client computers over a network." We'll go ahead and let you draw your own conclusions.
Toshiba seeks to prevent Wistron laptop imports to the US
Don't you sometimes wish legal squabbles like this actually delivered on their promises? There's pretty much no way that Toshiba's patent claim with the US International Trade Commission will lead to a ban on Wistron imports -- the company builds laptops for Acer, Dell, HP, Lenovo and others, and will likely settle in cash long before any rulings against it -- but it's fun to imagine the mayhem that would result if such an eventuality were to materialize. A quick look at the rankings of global computer vendors shows that Toshiba is mostly trying to throw a banana skin in front of its direct competitors, claiming as it does that Wistron products infringe on its methodologies for touchpad production and file saving when the laptop loses power. The ITC, should it decide to investigate, will take up to 15 months on this matter, so no breath-holding is advised just yet, though if that settlement does eventuate it should be a pretty breathtaking number.
Samsung and Kodak put an end to patent squabbles
It looks like Kodak and Samsung's 'patent squabble' can be attributed to misplaced affection. According to some newly minted PR, the companies have inked a technology cross-license that will allow each access to the other's portfolio. Details are scarce, but apparently Sammy has already made a payment to Kodak as credit towards the royalties it will owe once it dives into the classic imaging company's back catalog. And how about all that alleged patent infringement? The lovebirds have agreed to file joint requests to terminate proceedings and settle their lawsuits against each other, heralding a new era of peace, love, and cooperation -- a great way to begin a new decade, don't you think? Chuck Woolery, you've done well. PR after the break.
Kodak wins preliminary ruling in patent squabble with Samsung
Good old December, the busiest time of the year for elves, reindeer, jolly old fat guys... and lawyers, apparently. Joining the rush to make momentous decisions before Santa arrives, the International Trade Commission has made a preliminary ruling in favor of Kodak in its dispute over digital camera patents with Samsung. Though the original lawsuit included LG, an out of court settlement has left only Sammy in the firing line, and this early decision has affirmed that two of Kodak's patents were infringed in the production of its cameraphones. It's still necessary for the full commission to look at and approve the judgment, but considering Samsung's vast range of camera-equipped phones, we'd throw legal caution to the wind and start bombarding the ITC with "holiday cheer" pronto.
Sony and VIZIO ditch the courtroom, clear up licensing issues
VIZIO sure ends up in a whole lot of legal battles, but one way or another, it always seems to find its way out in the long run. Such is the case once again today, as the current LCD TV king has apparently said all the right things to Sony. If you'll recall, Sony (along with a slew of others) filed suit against Vizio awhile back over patent licensing concerns, but now it seems the two have reached a mutual agreement to use each other's technologies without bickering over who owns what. The release on the matter states that Sony "has become a licensee under VIZIO's patent portfolio," and that "VIZIO now is a licensee under Sony's color television patent portfolio." Who knows how much under-the-table cash and shaky promises had to be passed along in order to make everyone happy, but hey, a problem solved is a problem solved. [Image courtesy of TooMuchNick / WireImage] Update: Sony's response to all of this is after the break, courtesy of a company spokesperson who pinged us directly.
Samsung declares victory over Sharp in LCD patent dispute
Samsung and Sharp, like any good pair of competitors, have been slapping each other around for years now. Specifically, Sharp tagged Samsung with an LCD patent infringement lawsuit back in the latter half of 2007, and at long last the courts have made a decision. In short, Samsung wins. The Wall Street Journal has an exceptionally brief writeup noting that Sammy has declared victory in the case as a Tokyo court "upheld a Samsung Electronics' countersuit filed last June that claimed that Sharp LCD TV products infringed on Samsung's patents." There's no word on what affect this will have on either firm, but feel free to cheer / cry at the office today in order to truly show your fanboy colors at work.
LG and Samsung sue Kodak after Kodak sues Samsung and LG
LG, Samsung and Kodak have already gotten themselves into quite a legal tangle, but things have really come full circle in the last few days, with both Samsung and LG filing suits at the International Trade Commission over some alleged patent infringment on Kodak's part. This, of course, follows Kodak's complaints that both Samsung and LG were infringing on its patents, which the ITC is now apparently investigating in full. As you might expect, however, details on the patents involved, and any other specifics, are fairly light all around, but Kodak did manage to get a shot in at Samsung, saying that its latest filing is just a "retaliatory tactic and we intend to vigorously contest Samsung's claims." No word of a squabble between Samsung and LG just yet, though the two aren't without their past tensions.Read - Reuters, "LG Electronics asks for patent suit against Kodak"Read - Reuters, "Samsung asks US to ban Kodak camera imports"
TiVo and DISH / Echostar head back to Texas for another patent duel
Well, just when it was starting to look like TiVo and DISH / Echostar may finally have put their seemingly never-ending patent dispute behind them, the two companies now look to be rekindling things in Texas this week, where they've landed in court once more to sort out that pesky patent involving TiVo's Time Warp software. As patent dispute junkies may recall, TiVo first wound up being awarded some damages in the matter way back in 2006, after which Echostar was forced to develop some workaround software that it claims no longer infringed on TiVo's Time Warp patent, which allows for recording of one channel while the user watches another. In the meantime, Echostar / DISH continued to fight back against TiVo, with things finally, apparently coming to an end when the Supreme Court ultimately denied DISH's appeal and awarded TiVo those aforementioned damages (plus interest) for real. Now, TiVo is alleging that the DISH's "workaround" software does still violate its patent after all, and it's asking a U.S. District Court Judge in Texarcana, Texas to sort it out. If this latest round plays out as TiVo hopes, DISH could be forced to disable most, if not all, of its DVRs, and potentially buy new DVRs that don't infringe on TiVo's patents.
ITC Judge says SiRF GPS chips violate patents, recommends import ban
It looks like U.S. International Trade Commission judge Carl Charneski has managed to cause quite a stir in the GPS industry this month, with him first ruling earlier this month that chipmaker SiRF infringed on six of Broadcom's GPS patents, and him now recommending that the ITC issue an all out product import ban on products using the offending chips. Given that one of the supposedly infringing chips is the ever-present SiRF Star III, that would obviously shake things up in a pretty big way. A final decision on a ban won't come until December, however, and SiRF looks to be exploring all of its options in the meantime, including asking the U.S. Patent Office for reexamination of the contested patents. As Reuters reports though, that hasn't stopped SiRF's shares from falling 24 percent to an all time low on Tuesday, and at least one GPS device manufacturer doesn't look to be waiting around to see how things shake out either, with DigiTimes now reporting that Mitac is set to stop using SiRF chips in its GPS devices in the fourth quarter of this year. Then again, that is DigiTimes, but we doubt that'll be much consolation for SiRF right about now.Read - Reuters, "SiRF hit after ITC judge urges product import ban"Read - DigiTimes, "Mitac to give up SiRF GPS solutions due to patent dispute"[Via Linux Devices]
Vonage, Nortel call a truce -- no cash changing hands
Although the press release issued to announce the settlement between Vonage and AT&T earlier this month is still the shortest we've seen in all of 2007, we're pretty certain the one doled out to trumpet the truce between Vonage and Nortel is holding down the two-spot. In just five wee sentences, we learn that the two have agreed in principle to end the litigation pending between 'em, and though no cash will be changing hands, the agreement does involve a limited cross license to three patents per firm. Way to put the past behind before entering into the new year, we say.
Samsung and Matsushita close to settling PDP patent dispute
It takes some serious swallowing of pride -- or a rather large check -- for a company to put aside its legal beef with another and agree to move forward, but that's about to happen in the nearly two year-old dispute between Samsung and Matsushita. Reportedly, the two have "entered into a memorandum of understanding in which they have agreed in principle on terms and conditions of a formal settlement and cross-license agreement," which would finally conclude the bickering surrounding patents for plasma screens. Essentially, the two have accused each other of infringing on PDP-related patents for years, but it seems that all this holiday cheer has gotten the best of 'em. Notably, no terms of the (potential) agreement were loosed, but we're expecting some serious coin to change hands, regardless.
Vonage settles with Verizon, owes up to $117.5 million
The world's favorite ATM is being hit up for even more coin today, as Vonage (presumably begrudgingly) agreed to resolve the patent lawsuit between it and Verizon. Reportedly, the actual amount that the VoIP provider will be forced to pay "depends on how the Court of Appeals decides Vonage's pending petition for rehearing regarding two of the Verizon patents." The breakdown is like so: if Vonage wins rehearing on either patent in question "or if the injunction is vacated," it'll owe $80 million. If the outfit doesn't win rehearing on either patent or "if the stay is lifted reinstating the injunction," it will soon find its thinning wallet a full $117.5 million lighter. Sounds like a prototypical lose-lose situation (or win-win, depending on perspective).
Sony and 3M settle intellectual property dispute
The bickering that boiled over into a patent dispute earlier this year between 3M and Sony has finally ceased, but it seems like Lenovo and friends may actually still be fighting their own battles with the innovative giant. Nevertheless, Sony Corporation and Sony Electronics are now "licensed sources of batteries containing 3M's cathode technology," and while specific terms of the settlement shall remain confidential, we're sure it was no small sum that Sony was asked required to pay out. One down, several to go.
