patentwar
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Facebook sues BlackBerry over voice messaging patent infringement
In the latest battle in the patent war between Facebook and BlackBerry, the social networking giant is suing the phone maker over alleged infringement of six patents, including one related to a voice messaging feature in BBM Enterprise. Facebook asked for a trial to resolve the matter and is seeking unspecified damages in the suit, which it filed in San Francisco federal court.
Google's Eric Schmidt slams patent wars, still has nice things to say about Apple and Samsung
Eric Schmidt's recent trip to Seoul wasn't all spontaneous Gangnam dancing. Google's former-CEO / current executive chair had a lot to say during the Korean launch of the company's Nexus 7 tablet, bemoaning the patent wars that have ensnarled the industry, telling the crowd, "literally patent wars prevent choice, prevent innovation and I think that is very bad. We are obviously working through that and trying to make sure we stay on the right side of these issues." The war for marketshare ought to be fought with the release of better products, rather legal maneuvering, according to the executive. But in spite of Apple's role in the battle -- and the company's decision to go it alone on products like its troubled Maps app -- Schmidt still had kind words for Cupertino, calling the company "a very good partner," and adding that the, "two companies are literally talking all the time about everything." The exec also told the crowd that he'd be meeting with Samsung, one of the company's "most important partners," during the trip, "as I do every time I come here."
Microsoft wins injunction against Motorola in German court, aims to strike patent license deal
Motorola and Microsoft are no strangers to the patent war tango, and today marks the third injunction against the Droid maker in the German court. Judge Dr. Guntz of the Munich I regional court ruled that Motorola infringes on a Microsoft patent for "soft input panel system and method," granting Microsoft the ability to ban sales of some Motorola devices in the country. Essentially, the patent in question covers the software required to let applications flexibly receive input from different sources, such as the touchscreen keyboard and voice input. As Florian Mueller of Foss Patents points out, the functionality covered by this patent is utilized by the vast majority of apps, and among Android device makers only Google-owned Motorola Mobility is not paying Microsoft a patent license for this feature. Microsoft Corporate Vice President David Howard issued a statement with a not-so-subtle dig at the company in question: "We will continue to enforce injunctions against Motorola products in Germany and hope Motorola will join other Android device makers by taking a license to Microsoft's patented inventions." Google can (and most certainly will) appeal the ruling, so the saga continues...
Apple wins injunction against Motorola in Germany over 'rubber-banding' patent
Hope and pray all you want, but the patent wars are far from over. The latest chapter in the ongoing game of IP Risk hands Apple a victory over the Google-owned Motorola Mobility in Germany. If you thought the recent licensing deal would put the kibosh on further flare ups between the two, you were sadly mistaken. The Munich I Regional Court awarded Cupertino an injunction against Moto devices over the so-called "rubber-banding" patent, which relates to the bounce back animation when scrolling to the bottom or top of a list. The fate of infringing phones isn't set in stone yet, as there's still room for appeal, though, a €25 million bond would score Apple an enforceable preliminary injunction. One relatively simple solution would be for Moto to implement the stock Android "glowing" animation, which would bypass Apple's claims. Though, an even better solution would be for all parties involved to quit their bickering over patent minutia and focus on making the best products possible.
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.
ITU wants to bring smartphone makers to peace talks, hash out patent wars
The United Nations defines the stereotype of a peace broker, so it's not that far-fetched to hear that its International Telecommunication Union (ITU) wing is hoping to step in and cool down the rapidly escalating patent world war. The organization plans to convene a Patent Roundtable on October 10th -- in neutral Geneva, Switzerland, of course -- to have smartphone makers, governments and standards groups try and resolve some of their differences. Those mostly concerned about Apple's actions won't be happy with the focus of the sit-down, however. Most of the attention will surround allegations that companies are abusing standards-based patents, which will put the heat largely on a Google-owned Motorola as well as Samsung. Still, there's hope when the ITU's Secretary-General Dr. Hamadoun Touré talks of desiring a "balancing act" between what patent holders want and what customers need. Our real hope is that we don't have to hear talk of customs delays and product bans for a long while afterwards. [Image credit: Patrick Gruban, Flickr]
German court grants Motorola injunction against Windows 7 and Xbox 360 (updated: Microsoft comments)
Microsoft and Motorola continue to duke it out in courts across the world, and it looks like the Google-owned manufacturer has just chalked up a victory in Europe. Based on a pair of patents involved the H.264 video codec, the Mannheim regional court ruled on four lawsuits between the two companies, granting an injunction against the continued distribution of Windows 7, Internet Explorer, Windows Media Player and the Xbox 360 in Germany. Microsoft has already upped sticks from the country to reduce the effect of its current legal predicament. FOSS Patents reports that Motorola won't be able to immediately enforce the ruling. The company is still being investigated by the EU over possible antitrust violations related to licensing its patents -- something that could further complicate today's ruling. Update: Microsoft's just got in touch to comment on the recent ruling -- it doesn't look like it's over just yet: "This is one step in a long process, and we are confident that Motorola will eventually be held to its promise to make its standard essential patents available on fair and reasonable terms for the benefit of consumers who enjoy video on the web. Motorola is prohibited from acting on today's decision, and our business in Germany will continue as usual while we appeal this decision and pursue the fundamental issue of Motorola's broken promise. "
Microsoft moves logistics center out of Germany, blames Motorola patent battle
It may be a mere thorn in the foot of a giant like Microsoft, but the ongoing H.264 licensing dispute with Motorola is clearly starting to sting. German news outlet CIO reports that Redmond has shifted part of its European logistics operation from Germany to the Netherlands, affecting around 50 jobs at a contractor called Arvato. Although it might seem like a minor shuffle, CIO reports that Microsoft explicitly blames Motorola's patent litigation for the decision, saying it was otherwise happy with Arvato's services in warehousing Windows and Xbox 360 titles. If this represents the start of a new trend, those tasty Euros being earned by Mannheim lawyers could potentially be cancelled out by losses elsewhere in the German economy. [Ausgang photo via Shutterstock]
Kodak moves to block Apple's latest patent suit from proceeding in federal district court
In a move that's sure to surprise no one, Kodak is fighting Apple's latest round of patent litigation -- a suit that would force Kodak to pause plans to sell up to $2.6 billion in digital imaging patents as a condition of its bankruptcy loan. In documents filed late last week, Kodak argued the dispute should be heard by the same bankruptcy court that's already overseeing its insolvency proceedings. In fact, Kodak's bankruptcy filing back in January caused all pending litigation (from Apple and RIM, among others) to come to a screeching halt, but Apple is nonetheless pushing for a reboot, arguing it's the owner of "a number of valuable patents," including one that could be lost if that planned $2 billion sale goes through. So where might this legal catfight take place? A bankruptcy judge is expected to hear arguments from both sides on Thursday.
Samsung takes aim at Apple with Australian Galaxy Tab ad, credits Cupertino for its popularity
Now that the Galaxy Tab 10.1 has been cleared for sale in Australia, Samsung is taking the opportunity to publicly celebrate its courtroom victory, at Apple's expense. Exhibit A: a local newspaper ad that flatly brands Sammy's slate as "the tablet Apple tried to stop." The spot, which ran in the Sun-Herald this week, came just a few days before Samsung Australia's mobile head openly credited Cupertino for making the Galaxy Tab a "household name." Speaking to the Sydney Morning Herald, Samsung Australia's vice president of telecommunications, Tyler McGee, declined to say how much his company lost in sales revenue due to Apple's temporary injunction, but was more than willing to laud the iPad maker for inadvertently turning the spotlight on the Galaxy Tab. "At the end of the day the media awareness certainly made the Galaxy Tab 10.1 a household name compared to probably what it would've been based on the investment that we would've put into it from a marketing perspective," McGee explained. The exec went on to say that the manufacturer is bringing to market "as many units as we can," since it expects the device to be in "short supply against the demand." To the courtroom victor go to the spoils -- including, apparently, bragging rights.
Apple and Samsung's patent battle draws concern from EU Competition Commission
It appears that Samsung and Apple's never-ending game of patent Risk is beginning to draw concern from government regulators. The European Union's Competition Commission is investigating the companies' various disputes out of a growing worry that the war could be stifling competition in the mobile market. The agency's commissioner, Joaquin Almunia, has request information about the patents in question from both companies, though he has yet to receive a reply. Almunia was careful to point out that this is hardly the only example of a potential abuse of intellectual property rights to distort the market, but with more than 20 cases in 10 countries it's certainly one of the largest and most high profile. If the commission chooses to pursue legal action both Samsung and Apple could be fined up to 10 percent of their annual revenue. Maybe under threat of such hefty fines, the two competitors will put aside their differences and actually compete... you know, in the marketplace instead of in the court room.
Samsung drops plan to file Apple suit in Korea, will battle in 'the global market' instead
A Samsung executive revealed to Korean Newspaper The Chosun Ilbo today that it will drop its plans to pursue Apple for patent violations in Korea, instead focusing efforts on cases overseas. The anonymous exec cited performance in his company's home country, saying "we concluded that we should engage in legal battles with Apple only in the global market, but not in order to gain more market share in Korea." The move seems logical given the company's existing share, and will allow Samsung to maintain a positive image at home, where it dominates in categories ranging from televisions to refrigerators. So Apple may be in the clear in Sammyland, but the battle will likely continue beyond Korean shores for some time to come.
Samsung looks to block iPhone 4S sales in France, Italy
Not exactly a shocking development here, but Samsung has just announced that it's looking to block sales of the iPhone 4S throughout France and Italy, opening up yet another frontier in its ongoing patent war with Apple. In a statement, the company confirmed that it will file two preliminary injunction requests in Paris and Milan today, on the grounds that Cupertino's new handset infringes upon two patents related to WCDMA standards for 3G-enabled devices. And it looks like this could only the beginning, with the manufacturer stating that it plans to pursue similar actions in other countries, as well. "Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology," reads Samsung's statement. "We believe it is now necessary to take legal action to protect our innovation." Apple has yet to comment on the filings, but we'll be following the drama very closely.
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.
Verizon goes to bat for Samsung in patent war with Apple
Well, it was really only a matter of time before third parties stuck their nose in the ongoing battle between Apple and Samsung. For most of this time others have stood on the sidelines, occasionally shouting moral support. But, no one has rolled up their sleeves and put up their dukes for either party -- that is, until now. Verizon has requested permission to file a brief with the United States District Court for the Northern District of California, asking it to deny Apple's request for a nation-wide injunction against the Infuse 4G, Galaxy S 4G, Droid Charge and Galaxy Tab 10.1. At the heart of Verizon's argument is that a ban on import of Samsung's devices would harm not only the carrier's business, but consumers and the economy by slowing the growth of its LTE network. The brief, technically, only relates to one of the four infringement claims filed by Apple, but it's clear that Verizon has just as much interest in seeing Samsung succeed in the other three challenges as well. For more (somewhat editorialized) details, hit up the source link.
Samsung moves to block iPhone 5 in Korea, expands its anti-Apple offensive
Well, since Samsung couldn't get an early peek at the iPhone 5 and iPad 3, the company has simply decided to take a page from Apple's playbook. A senior exec told The Korea Times it plans to file a request to block the sale of the upcoming iOS handset in its Korean homeland the moment the device is announced. According to the Times, the anonymous exec said it would leverage its wireless technology patents and demand that Apple either remove the telecommunications features -- turning the iPhone into an iPod touch -- or simply be banished from the Korean market. The knock-down-drag-out war between the two companies has only seemed to escalate in recent weeks, as Sammy has taken a much more combative and offensive approach. We can only hope the two get tired of divvying up the globe and declare a draw in this game of patent Risk.
ITC patent ruling against Apple will stand, Kodak nods approvingly
July is shaping up to be a pretty good month for Kodak. Just a few weeks after granting the camera-maker a second wind in its ongoing patent battle against Apple and RIM, the ITC has issued yet another decision in its favor, determining that a May ruling against Cupertino will stand. At issue is an Apple complaint, filed in April 2010, charging Kodak with infringement of two patents on image processing and power management. On May 12, ITC Judge Robert Rogers shot down Apple's attack, ruling that the patents were not infringed and that one of them was invalid. The full Court had been scheduled to review Rogers' decision later this year, but that won't be happening, now that the ITC has decided to close the investigation (see the PDF, below). Kodak was understandably pleased with the result, though its focus will now turn to August 30th, when an administrative law judge is expected to weigh in on the company's patent offensive against both RIM and Apple.
