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The TUAW Daily Update Podcast for April 30, 2014
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get some 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 player at the top of the page. The Daily Update has been moved to a new podcast host in the past few days. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
Apple, April 2013: 'Consumers want what we don't have'
The ongoing Apple-Samsung trial is unearthing some interesting behind-closed-door secrets on both sides. Something we hadn't seen in the preceding legal tussles however, and presented by Recode, was a handful of slides from an Apple internal meeting in April 2013 regarding its plans for 2014. Alongside the slowing growth of iPhone sales, the research noted that overall smartphone growth was from cheap and large (well, larger than the current iPhone) devices -- both of which Apple had nothing to compete with. As the slide put it: "Consumers want what we don't have." The slide also includes some other reasons for concern, including the carriers' "strong interest in capping iPhone" sales because of its already-high market share, a tough subsidy premium and some (not mentioned) "unfriendly" policies -- consider that lack of carrier-sanctioned bloatware on your iPhone. Apple also admitted that the mobile competition had also "drastically improved their hardware and in some cases their ecosystems," while at the same time, some Android phone-makers were spending "obscene" sums on advertising or carriers to gain traction. Now, which company could Apple possibly mean?
Samsung looks to Google for help in its latest legal battle with Apple
No matter how much we hope and pray, the legal wrangling between Apple and Samsung never seems to end. The latest court battle has Apple seeking up to $2 billion in damages from the Korean manufacturer for infringing on five patents, including tap to search and slide to unlock. This time around though, Samsung is looking to drag Google engineers into the courtroom to testify about the creation of Android -- including, potentially, Andy Rubin. The hope is that their testimony and the evidence they provide would prove once and for all that the mobile operating system was developed independently of iOS and put to bed the back and forth over patent battles. While Mountain View has successfully stayed above the fray for the most part, it makes sense for Seoul to drag the company into this particular battle. Apple is seeking up to $40 per device sold in royalties -- far more than it ever has before. As part of its counter offensive Samsung is countersuing, claiming that Cupertino stole two of its technologies for use in the iPhone and iPad. Like other cases in the war, this will probably take some time to settle. And jury selection starts this week.
Nintendo wins Wii peripheral lawsuit, obtains suing company's patent portfolio
Nintendo has obtained the entire patent portfolio of exergaming company InterAction Laboratories (a.k.a. IA Labs) following an unsuccessful 2010 lawsuit alleging that Nintendo's Wii and its peripherals infringed on IA's patents. A trial court ruled in favor of Nintendo in 2012, ordering IA Labs to pay Nintendo's legal defense fees as a result. IA Labs lost a subsequent appeal last year, leading to a sheriff's sale of its assets when the company was unable to reimburse Nintendo's court costs. Nintendo then purchased IA Labs' remaining assets and patent portfolio during the sale, closing off the potential for further claims and lawsuits. While Nintendo won this particular patent battle, a federal judge recently ruled in favor of Tomita Technologies International in a lawsuit over Nintendo's patent-infringing use of its glasses-free 3D technology. Nintendo was ordered to pay a percentage of revenue earned from 3DS hardware sales to Tomita as a result of the suit.
Nintendo to pay royalty to 3D patent holder for every 3DS unit sold
A U.S. federal judge has established a royalty rate Nintendo will pay to Tomita Technologies International for every Nintendo 3DS handheld console sold worldwide. The ongoing fee stems from a a 2011 lawsuit that found Nintendo liable for damages after infringing upon Tomita's glasses-free 3D technology patent. Engadget reports that Nintendo will pay Tomita 1.82 percent of the wholesale price of every 3DS and 3DS XL sold over the portable hardware's lifespan. The judgment does not apply to the recently released Nintendo 2DS hardware revision, which abandons the handheld's 3D display as a cost-cutting measure. A federal jury ruled in favor of Tomita in the company's patent infringement lawsuit earlier this year, awarding damages that were later reduced to $15.1 million.
Daily Update for January 3, 2014
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get some of 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 player at the top of the page. The Daily Update has been moved to a new podcast host in the past few days. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
Daily Update for December 27, 2013
It's the TUAW Daily Update, your source for Apple news in a convenient audio podcast format. You'll hear some of 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 player at the top of the page. The Daily Update moved to a new podcast host in the past few weeks. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
The verdict is in: Samsung to pay $290 million in additional damages to Apple in infringement case
Update: Apple issues a statement to AllThingsD basically saying the money is great, but it's the principle of the thing. But the money, we'll take that too. This just in: The jury in the Samsung vs. Apple retrial has reached a verdict, and the news is in Apple's favor. Samsung will pay Apple additional damages in the amount of US$290 million. This amount is in addition to about $600 million already owed to Apple. Judge Lucy Koh reduced the original damages award last year, then ordered the retrial to determine a more realistic amount than Apple was asking for. The lawyers for both Samsung and Apple will now have an opportunity to view the verdict and will most likely quibble over the numbers, so it's not over yet. Earlier in the week, the jury was complaining about being forced to eat sourdough bread sandwiches every day for lunch, sending a note to Judge Koh asking for new lunch options with the word "please" underlined three times. Shortly before the verdict announcement, the jury members asked the judge for a copy of the courtroom artist's depiction of the jury... No word on any book deals yet.
Activision files virtual worlds patent countersuit against Worlds Inc
Activision recently filed a countersuit against Worlds Inc over two patents related to virtual world interactions. The lawsuit is in response to one filed by Worlds Inc against Activision on March 30 regarding its patent "System and Method for Enabling Users to Interact in a Virtual Space." The two Activision-owned patents in question, "Navigation with optimum viewpoints in three-dimensional workspace interactive displays having three-dimensional objects with collision barriers" and "Climability: property for objects in 3-D virtual environments" are included in Worlds Inc software called "Worlds Player," Activision alleged. Worlds Inc settled one suit against NCSoft in April 2012 after citing similar patent infringement in its games. As of March 2012, the software developer's news site noted that it has been awarded six patents in the United States related to virtual worlds, and it also holds one "'notice of allowance' for a seventh patent for multi-server technology for 3D applications."
Nintendo decision upheld in exergaming patent lawsuit
Nintendo emerged victorious in the latest round of its legal battle with exergaming equipment manufacturer IA Labs (aka InterAction Laboratories) over alleged patent infringement. The United States Court of Appeals for the Federal Circuit upheld Nintendo's victory in a lawsuit claiming that the Nintendo Wii and its peripherals violated IA Labs' patents for exercise equipment. As part of the ruling, IA Labs must pay Nintendo over $236,000 in attorneys' fees. The decision follows up on another recent courtroom victory for Nintendo, in which Ohio-based hardware and software company Motiva alleged that Nintendo's Wii Remote controller violated its patents for a "Human Movement Measurement System."
Apple changes its position on iOS VPN changes
Earlier this month, Apple posted a support document on its website with details on how settings would change for iOS users connecting to virtual private networks (VPNs). Now the company has done an about-face, updating the document to inform the public that the changes will not happen. The changes were made following a patent infringement lawsuit by VirnetX against Apple in which Apple was found to have violated a patent through the design of the popular FaceTime software. That loss in court cost Apple US$368 million, and the company made a minor change in the iOS VPN On Demand feature as a result. As Jacqui Cheng of Ars Technica explains, "The change was going to be relatively minor-devices with VPN On Demand configured to 'always' would instead behave as if they were set up to only establish a connection as needed." The latest document from Apple appears to indicate that it has come to an agreement with VirnetX and won't need to issue a software update to make the VPN changes. The document states that "Apple no longer plans to change the behavior of the VPN On Demand feature of iOS 6.1 for devices that have already been shipped. The 'Always' option will continue to work as it currently does on these devices."
Apple points out possible $85M court error in Samsung case
Legal maneuverings continue in the landmark court case between Apple and Samsung in the Northern District of California. In the latest development reported by FOSS Patents, Apple is questioning Judge Lucy Koh's decision to vacate $450 million of the original $1.05 billion award. Apple claims an error by Judge Koh would increase the number of devices included in the damage determination from 14 to 16. This would add an additional $85 million onto the judgement, bringing it up from the $600 million awarded by Koh to a new $685 million figure requested by Apple. You can read more about the legal strategy behind Apple's objection in the article on FOSS Patents. [Via Apple Insider]
ITC to rule on Apple's Samsung complaint August 1
Administrative Law Judge Thomas B. Pender of the International Trade Commission (ITC) has scheduled a final ruling on one of Apple's lawsuits against Samsung for August 1, 2013. The ruling in question deals with a decision made by Pender in October of 2012 finding Samsung to be in violation of a design patent and three utility patents owned by Apple. Pender had recommended that the ITC force a ban on certain Samsung products that were infringing on Apple patents, but the ITC returned two of those patents -- dealing with providing translucent images on a display and headphone plug detection circuitry -- back to Pender for him to reconsider. Florian Mueller of FOSS Patents commented that even if Pender rules in Apple's favor, it's not certain whether or not that will result in a ban on infringing Galaxy products in the US. Samsung has designed workarounds to bypass several of the violations, although Pender will have the final word on whether or not those workarounds are sufficient to keep a ban at bay. [via AppleInsider]
Apple rejects Samsung request to see iOS 6 source code
In the never-ending global legal battle between Apple and Samsung, the Korean electronics firm has been rebuffed by Apple in an attempt to see the source code for iOS 6. According to The Korea Times, Samsung argues that unless they have access to the source code, they won't know if iOS 6 infringes on its technology patents. Apple's legal representatives apparently called the demand "insane," with a Seoul Central District Court representative recalling an Apple lawyer as saying, "It doesn't make any sense. Samsung is saying that we should give up protecting our most important data." What Samsung is most interested in looking at is whether Apple infringed on its patents when iOS acquired Notification Center. As iOS users are aware, Notification Center lets users check status of things like messages, schedules and weather information by swiping down from the top of a screen. Samsung says they originally patented that feature in November of 2006, and put the feature into Samsung Galaxy smartphones and tablets before Apple did. The court hasn't yet decided whether to accept Samsung's request to see the source code.
Sega sues Level-5, charges patent infringement in Inazuma Eleven
Level-5, perhaps best known in the western world as the publisher of the Professor Layton games, has a popular soccer series in Japan called Inazuma Eleven, and Sega doesn't like it. Sega is suing Level-5, alleging patent infringement on a mechanic in Nintendo DS versions of Inazuma Eleven that allows players to move characters with their fingers or a stylus, Kotaku reports.Sega's endgame is to halt the sale of all eight Inazuma Eleven games and to get ¥900 million ($11 million) in damages from Level-5. The case heard opening statements on December 7, and Level-5 plans to fight the charges."We are preparing our rebuttal and do not have any comments to make at this time," Level-5 says.
Apple to appeal Chinese court ruling over pirated encyclopedia apps
Back in September, Apple lost a lawsuit brought by the Encyclopedia of China Publishing House. The publisher had found a pirated copy of its work on the App Store. Apple argued that it was just "running the store" and wasn't actually doing the pirating, but the court found Apple guilty since it had profited from the sales. The result was a RMB 520,000 ($84,000) award to the publisher. While that amount seems like a mere pittance compared to Apple's pile of cash, the company feels that the ruling could set precedent and expose Apple to other lawsuits from parties who feel like their intellectual property has been infringed upon on the App Store. As such, Apple is appealing the court judgement. A report in the Jinghua Times notes that the company is expected to use the same reasoning in the appeal -- that it was just the store operator -- that it did in the lower court. [via The Next Web]
No end in sight for Apple, Samsung legal battle
Samsung apparently won't be swayed by the recent deal between Apple and HTC. According to a report in the Yonhap News, Samsung's mobile and IT division head told reporters that the Korean company doesn't intend to negotiate with Apple. HTC recently signed a 10-year cross-licensing agreement with Apple that will end all legal battles between the two companies. Terms of the deal were not disclosed, but analysts estimate that HTC will send Apple between $6 and $8 per phone in a deal that'll net Apple over $200 million each year.
Next Apple vs. Motorola court battle scheduled for October 2013
According to a report in FOSS Patents, Apple and Motorola are scheduled to meet again in a Southern California court in late 2013. The court released a timeline that includes a May 21, 2013 discovery deadline and a pretrial motion deadline of June 28, 2013. Moderated settlement talks are slated for July 15, 2013, and the case will have its final pretrial conference on October 18, 2013. The trial should begin shortly after this last pretrial meeting. FOSS Patents calls the case an "antisuit lawsuit" that aims to prevent Motorola from pursuing further litigation against Apple products that include a Qualcomm baseband chip. You can read more about the background details of the case in this post from Florian Mueller.
Japanese court: Apple did not infringe on two Samsung patents
Samsung and Apple are waging a legal battle in courts all over the world. Though the decisions in the US, UK and Germany garner most of the attention, other cases in other jurisdictions are also making their ways through their court systems. In Japan, two rulings favorable to Apple were handed down in September and October, according to a report from the Asahi Shimbun. In these cases, the Tokyo court said Apple's Japanese unit did not infringe Samsung's patents and denied the Korean manufacturer's request to ban the iPhone in Japan. The two patents in the Japanese cases cover the downloading of an app to a smartphone and the use of airplane mode to turn off a phone's cellular and wireless radios when flying. [Via AppleInsider and FOSS Patents]
Daily Update for October 15, 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
