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Supreme Court decision lifts ownership rights over patent law
In a win for anyone who has ever been frustrated by overpriced ink, the Supreme Court ruled today (PDF) that printer maker Lexmark can't sue companies that refill old cartridges and sell them at a discount. More specifically, the court ruled that Lexmark gave away its patent rights to the cartridges (and their single-use microchips) as soon as it started selling them. While the case may seem narrowly focused, digital rights groups are hailing it as a win for consumers in general and a decision that could affect everyone's right to repair their own devices.
Apple sued (again) for violating force touch patents
You probably haven't heard of Immersion, but it's a company that does two things well: haptic technology and hiring lawyers. The company is already suing Apple, claiming that the iPhone 6/6S and Apple Watch's force touch violate several of its patents. Now, the company is doubling down, firing another legal broadside against the Mac-maker for the same thing, although weirdly, AT&T has been roped in too. According to 9to5 Mac, the reason that the phone company is included is because, wait for it, it sells Apple products. We're too polite to point out that Verizon, T-Mobile and Sprint exist, but we imagine it won't be long before they're added to the case.
White House offers new web tools to help fight patent trolls
The White House isn't relying solely on legislative measures to try and curb patent trolls; it's also giving the trolls' targets some online resources to defend themselves. To start, it just launched a USPTO website that tells victims what to do if they're served with infringement notices or subpoenas. Meanwhile, a future effort will crowdsource prior art to thwart suits over patents that should never have been granted in the first place. There's still more work ahead in the legal realm, including pro bono defense lawyers and technology training for patent examiners. However, the new online tools just might give smaller companies the know-how to fight back against trolls that prey on their lack of information.
Daily Update for September 26, 2013
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
Fujitsu and Acacia resolve patent disputes with settlement, keep it out of the courts
Fujitsu's bank balance may be a little lighter today, since Acacia Research Corp. has reported that subsidiaries of both companies have signed a settlement deal over patent disputes. As usual, Acacia is keeping tight-lipped about exactly what the patents cover, but a little digging on our part has revealed they are related to flash memory and RAM technologies. The agreement resolves lawsuits in the works at district courts in Texas and California, which is probably a good thing. After all, these cases can get pretty messy when they go to court.
Toshiba / Samsung joint venture hit with lawsuit by LG over DVD+RW/RAM patents
LG Electronics has found itself at the center of quite a few patent lawsuits in recent years (both as a plaintiff and defendant), and it's now kicked yet another one off. As Bloomberg reports, LG has today filed suit against Toshiba Samsung Storage Technology, alleging that the Toshiba / Samsung joint venture violated a number of patents related to DVD+RW and DVD-RAM technology. In the complaint, LG further alleges that TSST is knowingly infringing on the patents as they were previously licensed to Toshiba itself (and TSST as an affiliate company) as part of a deal that expired in 2010. LG is asking for a jury trial to sort things out, and demanding that TSSC pay "no less than a reasonable royalty" along with some unspecified damages. You can find the complaint in full at the link below.
EPL Holdings sues Apple over playback tech in QuickTime, iPhone
According to a report on Patently Apple, Apple is facing yet another patent lawsuit. This latest suit was filed by EPL Holdings, LLC and accuses Apple of infringing on two patents governing audio and video playback. EPL, formerly Enounce, claims company founder Donald J. Hejna Jr. met with Tony Fadell, the former senior Vice President of Apple's iPod division, in January, 2002. The two sides discussed EPL's playback technology, which lets users speed up and slow down tracks. EPL entered into a four-year non-disclosure agreement with Apple and shared information about its technology with the Cupertino company. After seeing the technology, Apple allegedly offered $50,000 to license one of EPL's patents. EPL declined Apple's offer because it believed the amount was too low. EPL alleges Apple went ahead and used the technology in its iPads, iPhone and Quicktime without EPL's consent or knowledge. "Apple took these actions with blatant knowledge and disregard for the legal rights of Enounce," claims EPL in its lawsuit. EPL is seeking a jury trial and is asking that Apple pay for damages, costs, expenses and any associated interest. The company also wants Apple to pay for all legal fees and any other relief the court believes is appropriate. You can read the full complaint on PriorSmart.com.
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.
Mojang sued for alleged patent infringement in Android version of Minecraft
Mojang has seen the sort of success that most game developers dream of with Minecraft, but it looks like it's now also found itself thrust into the rarely desirable world of patent lawsuits. As revealed by Minecraft creator Notch himself on Twitter, Mojang is being sued by the Texas-based Uniloc (which has also taken aim at Electronic Arts, Gameloft and others) over some alleged patent infringement in the Android version of Minecraft. That supposed infringement is not related to any of the distinctive gaming elements of Minecraft, but rather the means through which the game verifies users -- something Uniloc alleges is a violation of patent #6,857,067, a "system and method for preventing unauthorized access to electronic data." Not surprisingly, Notch has taken the opportunity to make his thoughts on software patents known (see his blog post below), and also make absolutely clear that he intends to fight the suit, saying that "if needed, I will throw piles of money at making sure they don't get a cent." That's also prompted a response from Uniloc CEO Ric Richardson, who notes that he had no direct involvement in this particular patent or suit, but defends the company's practices and insists that it is not a patent troll.
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.
Judge refuses to bar Steve Jobs quotes from patent trial
Reuters reported on Friday that a judge has rejected Apple's request to have several incendiary quotes about Google's Android platform from former CEO Steve Jobs blocked from being used in the upcoming patent trial between Apple and Google's Motorola Mobility unit. In the Walter Isaacson biography of Steve Jobs, the late CEO expressed his fiery feelings about the patent litigation: "Our lawsuit is saying, 'Google, you f**king ripped off the iPhone, wholesale ripped us off.' Grand theft. I'm willing to go to thermonuclear war on this." Apple lawyers made a court filing last month asking to have any reference to the book blocked during the trial "to avoid any potential prejudice to Apple if Motorola attempts to use the book to appeal to the jury's passion." On Thursday, federal judge Richard Posner rejected Apple's request. In a separate order, he also forbid Apple from arguing that jurors should favor Apple over Motorola if they admire Jobs or like Apple products. Apple has separately asked a California federal judge to block quotes from the Walter Isaacson biography from being used in the upcoming patent trial against Samsung. That trial is scheduled for July.
Samsung chief: we're open to a cross-licensing deal with Apple, but 4G chip shortage might last until the fall
The at times very heated legal battle between Apple and Samsung might be softening just a bit ahead of truce talks on May 21st. Samsung's mobile head JK Shin just left Seoul for the mediated discussions saying there were still "several negotiation options" on tap, including the possibility of cross-licensing patents. He warned that there was still a "big gap" between the two sides, and we'd tend to agree -- neither Apple nor Samsung is exactly backing off just yet. However, it's a definite shift in language from March, when Shin was vowing "no compromise," and it parallels Apple CEO Tim Cook's own disdain for lawsuits. We just wouldn't bet money on the two singing "Kumbaya" this week. In same breath, Shin added that an ongoing 4G chipset shortage wasn't letting up: he didn't see things getting better until the start of the fourth quarter, or October for us common folk. That's a problem for Samsung's phones and tablets most of all, of course, and in a dire case could see LTE-packing American Galaxy S III variants rely on other vendors' chips to stay on the 4G bandwagon. There's also a chance of a ripple effect on other companies that want Samsung's parts, but short of getting a peek at Samsung's inner workings, we won't know the full impact for awhile yet.
Daily Update for May 9, 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
Daily Update for April 26, 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
Potter Voice Technologies sues Apple, Google over voice patent
The latest in a string of patent lawsuits has just been announced: a relatively unknown Colorado company named Potter Voice Technologies claims that all major smartphone vendors, including Apple, are infringing on a patent on natural-language voice control of a computer. Apple's in good company -- the other companies named in the lawsuit include Google, Microsoft, Nokia, RIM, Samsung Electronics, Sony, LG Electronics, Motorola Mobility, ZTE, Huawei Technologies, Kyocera, Sharp, and Pantech. Potter Voice Technologies is seeking damages "but in no event less than a reasonable royalty," injunctions against the companies, and attorney's fees. Potter claims that Apple, Microsoft and Sony must have known about its patent and that the three companies are guilty of willful infringement, which allows for increased damages to the plaintiff. The patent, "Method and apparatus for controlling a digital computer using oral input," was issued in 1998 and was cited in a 2004 patent filing involving SRI International, the company which developed Siri. Potter's idea was to eliminate the training that was required for other voice-control systems. The patent describes spoken words being received by a microphone, interpreted by voice recognition algorithms, and then being used to "search the contents of a tabular data structure organized in rows and columns." The defendants may have the America Invents Act on their side. The law, which went into effect last year, was designed to discourage patent trolls from going after multiple parties in one suit.
Motorola's patent enforcement against Apple could cost German taxpayers dearly
In a recent article, FOSS Patents points out a loophole in German law that forces taxpayers to pay for part of the court proceedings between Motorola and Apple. Motorola is currently enforcing an injunction against Apple and has deposited money for the injunction as required by law. Apple is appealing this injunction, and the appeal is slowly winding its way through the German court system. When a settlement or judgment is finally reached in the lawsuit, Germany owes Motorola interest on the injunction money that was set aside. The government can't invest this money while it sits, so this interest payment must come from taxpayer money, says FOSS Patents.
Apple still blocked from using push email in Germany
German users of iCloud and MobileMe are going to have to wait a bit longer for push email to be reinstated on their favorite Apple devices. A regional court in Mannheim has upheld a ban on the service in Germany based on a patent lawsuit brought by Motorola Mobility against Apple. Motorola won the court case in February and was granted a permanent injunction against the services built into iCloud and MobileMe. The court has now upheld the ban and determined that Apple must pay unspecified damages to Motorola Mobility. The lawsuit is related to a patent entitled "Multiple Pager Status Synchronization System and Method," which covers push services. Motorola filed the suit last April prior to the announcement of iCloud, based on the push email service built into MobileMe. Motorola was able to successfully argue that MobileMe is part of iCloud, hence the lawsuit that originally targeted MobileMe has been extended to cover Apple's current cloud services.
Yahoo hits Facebook with patent infringement lawsuit
Yahoo has seen some fairly big shakeups within the company recently, and it looks like it's now also trying another change in tactics. As AllThingsD reports, Yahoo has today filed what's being described as a "massive" patent infringement lawsuit against none other than Facebook. That suit concerns ten patents in all, which cover everything from advertising and privacy measures to messaging and social networking itself. As detailed in the complaint (viewable at the source link below), Yahoo alleges that Facebook is infringing on those patents left and right, including in such core features as the News Feed, user profiles, and its advertising methods. Yahoo went on to say in a statement that it has licensed its patents to others but that the "matter with Facebook remains unresolved" and that it's therefore "compelled to seek redress in federal court," further noting that it's "confident" it will prevail. For its part, Facebook says that it's "disappointed that Yahoo's effort to engage with us was limited to a few short phone calls and that we continue to learn of new developments about a long-time partner through the press," adding that "we will defend ourselves vigorously against these puzzling actions."
ITC judge throws out Barnes and Noble's patent defense against Microsoft
Microsoft's patent dispute with Barnes and Noble is likely far from over, but the spat saw some movement today, when a judge at the International Trade Commission rejected the bookseller's patent misuse claim. In his ruling, ITC Judge Theodore Essex threw out B&N's argument that Microsoft is misusing its patents against Android, effectively nullifying the company's major defense against Redmond. Microsoft, as you'll recall, is targeting the retailer and its Nook e-reader for allegedly infringing upon a (declining) number of its Android-related patents. Essex's decision is still subject to review from a six-member panel, but Microsoft is already heralding his decision as an early victory. "Today's action by the ITC makes clear that Barnes & Noble's patent misuse defense was meritless," Microsoft Deputy General Counsel David Howard said in a statement. "This case is only about one thing -- patent infringement by Barnes & Noble's Android-based devices." Barnes and Noble, meanwhile, said it has no comment. A full trial on the case is scheduled to begin on February 6th.
