patent infringement
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Deposition reveals iPhone prototype with curved glass
Among the many images of iPhone, iPad and iPod prototypes being used by Apple in its patent infringement case against Samsung, one stands out as something completely different from any other device we've seen -- an iPhone prototype with curved glass on the front and back. Network World's iOnApple reports that Apple's first witness in the case, former designer Christopher Stringer, described the prototype as being too costly to produce -- "The technology in shaping the glass, the cost relative to shaping the glass at the time, and some of the design features of this specific shape were not liked." Stringer noted that the technology at the time wasn't amenable to mass production at a reasonable cost. Another prototype that resembles a large iPod mini (below, left) was also revealed during testimony, but apparently didn't make the grade since the extruded aluminum case wasn't comfortable and "you can't get antennas to work properly in a fully enclosed metal jacket." While the legal maneuverings of Samsung and Apple are about as exciting as watching paint dry or listening to dead crickets, the continued parade of iPhone designs that never made it to production is fascinating. #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
InterDigital wins appeal in never-ending Nokia patent battle
We'll leave labeling of InterDigital to the individual -- whether you prefer patent troll or non-practicing entity, the semantics don't concern us. What does concern us, however, is the IP firm's ongoing legal battle with Nokia, and its recent victory over the Finnish manufacturer in the US Court of Appeals. The ruling reverses a previous decision handed down by the ITC that found Nokia did not violate InterDigital's patents, but the trio of judges hearing the appeal disagreed. The claims in question relate to 3G radios and networks -- the same patents that the firm used to target ZTE and Huawei. It doesn't appear that there will be any immediate repercussions for Nokia, either in the form of import bans or settlement fees. The Windows Phone champion is considering its next move, which may involve appealing the appeal.
Nintendo is victorious in Wiimote patent lawsuit
Nintendo has prevailed in a patent lawsuit first filed by Copper Innovations Group in 2008, claiming the Wiimote and console infringed on Copper's 1996 patent for a "hand held computer input apparatus and method." The Pittsburgh U.S. District Court granted summary judgement in Nintendo's favor, halting any need for a jury trial."We are very pleased with the court's decision," Nintendo of America's deputy general counsel Richard Medway said. "Nintendo has a long history of developing innovative products while respecting the intellectual property rights of others. We also vigorously defend patent lawsuits when we firmly believe that we have not infringed another party's patent, despite the risks that this policy entails. I would like to express our sincere appreciation for the tireless efforts of our legal team."
HTC removes patent in case against Apple
The Apple-Samsung case is now in the courtroom, and things are starting to shape up for next month's HTC versus Apple showdown. The company filed a motion to the International Trade Commission to withdraw a specific patent for a "circuit and operating method for integrated interface of PDA and wireless communication system", which now drops the number of HTC's claims down to two standard-essential patents. HTC originally started off with three patents in August of 2011, then added five more for good measure in September of 2011. FOSS Patents blogger Florian Mueller notes that Apple filed a countersuit in June over alleged infringement of standard-essential 4G LTE patents, and says that if Apple is successful in any of its FRAND (fair, reasonable, and non-discriminatory) counterclaims, HTC's ITC complaint will be an utter failure. Apple's most recent legal volley at HTC is saying that the company managed to skirt an ITC-issued handset injunction after allegedly making "misstatements" to U.S. Customs officials. Some HTC handsets had been banned from import into the U.S. after a ruling found that HTC had infringed on an Apple "data detectors" patent. #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Apple/Samsung suit begins today
The big patent infringement trial between Apple and Samsung kicks off today in a California court, as noted by The New York Times. With infringement claims pending against both companies, there's a lot at stake. As pointed out by Philip Elmer-DeWitt of Fortune's Apple 2.0, the trial can be summarized by the first few lines in each company's pre-trial brief. Apple: "Samsung is on trial because it made a deliberate decision to copy Apple's iPhone and iPad." Samsung: "In this lawsuit, Apple seeks to stifle legitimate competition and limit consumer choice to maintain its historically exorbitant profits." To help you get up-to-date on the long-standing dispute, The Verge has a detailed post describing both Samsung's case against Apple and Apple's case against Samsung. Written by Matt Macari and Nilay Patel, the post also tells you what to expect during the trial. You can also check out AllThingsD, which has a cheat sheet that spells out the major points of the legal battle; writer Ina Fried is covering the trial in person. [Via Fortune 2.0, The Verge and AllThingsD]
Apple, Samsung bickering over where to sit in court
The bickering between Samsung and Apple just won't stop. The latest report from AllThingsD suggests Samsung is even arguing over where it will sit and what the two companies will be called during the trial. Striving to get every advantage it can, Samsung is asking the court to call both companies claimants instead of plaintiff and defendant, since the trial involves patent infringement allegations from both sides. Samsung also asks that it be allowed to sit in the plantiff's table when it is arguing its case. "Equal treatment of the parties with respect to where they sit while presenting their affirmative case will mitigate any prejudice to Samsung that may result from Apple being in closer proximity to the jury throughout the trial," Samsung said in its brief. Jury selection in the trial is slated to begin July 30 so expect to hear a lot more about this legal battle in the upcoming weeks. #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Apple and Google appealing dismissal of Apple versus Motorola lawsuit
Back in June, TUAW reported on the dismissal of reciprocal lawsuits brought by Apple and Motorola Mobility -- now part of Google -- against each other. At the time, it was stated that "both companies apparently failed to adequately demonstrate that injunctive relief would be appropriate, nor did they put solid justifications for damages into play." Well, after cooling down a bit, the two companies are at it again; they both filed appeals to Judge Richard Posner's dismissal on July 20, 2012. Judge Posner, author of a number of scholarly books on law and economics, is considered an antitrust law expert, and volunteered to preside over the Apple v. Motorola case because he "enjoys" patent cases. Both parties were very unhappy with Posner's decision, with FOSS Patents' Florian Mueller saying that Apple and Google are opposing every ruling that was not in their respective favor. By moving to the Federal Circuit, Apple and Motorola are hoping that part of Posner's decisions will be overturned. As Mueller notes, "given the large number of claims at issue in that action and the fact that the Federal Circuit reverses at last part of an appealed ruling in more than 40% of all cases, it would be a statistical anomaly if each and every one of Judge Posner's decisions was affirmed." [via AppleInsider] #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
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.
HTC files two counterclaims against Apple in Florida
Today's exciting patent infringement news of the day comes courtesy of Computerworld, which reports that HTC -- which is being sued for patent infringement by Apple along with Motorola Mobility -- filed a counterclaim yesterday before a court in Florida. In its filing, HTC said that it had been assigned all rights, title and interest of a patent titled "Installation of network services in an embedded network server" that was originally assigned to HP. It said the same for another patent, "Method and system for central management of a computer network" that was assigned to Electronic Data Systems (EDS), which was acquired by HP in 2008. Both patents were apparently licensed or sold to HTC through HPs program for selling intellectual property. Yes, you too can license or buy these patents, then go to court to sue anyone who seems to be even partially infringing on HP's your intellectual property rights. HTC, which to my knowledge has never sold a server or any server administration tools, is claiming that Apple Remote Desktop, Apple Profile Manager, and other products infringe on the former EDS patent it now owns. It's also claiming that the "embedded network servers" exist in iOS and OS X in the form of services such as Newsstand, and that Macs and various versions of the iPhone and iPad are infringing on that HP patent. Excuse me, I'm going to Kickstarter a fund to license a bunch of HP patents and sue the pants off of HTC. It's a "quietly brilliant" idea, isn't it? Be right back...
Import ban on select Motorola Android products starts today
It's been a few months since the International Trade Commission affirmed its decision to ban a selection of Motorola's Android portfolio from import, but the ruling will only start in earnest from today. While the ITC mentioned the likes of the Google-powered Atrix, Xoom, Droid 2 -- alongside a whole pile of lesser-known models-- the exclusion covers all Motorola devices that infringe on Microsoft's patents for email-based meeting scheduling. Motorola has stated that it has already been proactive in ensuring its phones remain available in the US -- the ruling won't affect devices already in stock. In its own words: "In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft's ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry-leading smartphones remain available to consumers in the U.S. We respect the value of intellectual property and expect other companies to do the same."
Nexus 7's Smart Cover-like magnetic sensors
Google's Nexus 7 tablet appears to have a feature that isn't showing up in any of the official specs. Over on YouTube, user wwscoggin showed off an experiment in which he used a magnet to discover a sensor that puts the display to sleep. Does this sound familiar? Yes, it's a function that has been used in the last two generations of iPad to allow the Smart Cover to switch off the display when closed. The Nexus 7 is manufactured by ASUS, and the company has demonstrated a case for the device that is surprisingly like Apple's Smart Case. It's unknown if the ASUS case will take advantage of the magnetic sensor to pull off a Smart Case functionality, but if it does this may add fuel to the fire for yet another patent infringement case from Cupertino. The original video is shown below for your edification.
Noise Free Wireless creating a lot of noise over alleged Apple infringement
When you're the big target, it seems like everyone is shooting at you. Apple is now being sued by a Silicon Valley company by the name of Noise Free Wireless over alleged infringement of a patent for mobile phone noise-reduction technology. Noise Free Wireless says that the company first showed off its patented technology to Apple at meetings in 2007 with a number of increasingly technical and confidential meetings following until 2010, when Noise Free found that Apple was going to use technology from Audience (a rival) in future products. However, in June of 2010, Apple filed an application for a patent covering noise suppression. Noise Free Wireless is alleging that Apple reverse-engineered their "proprietary and confidential object code, determined Noise Free's noise reduction software, and measured and duplicated the signal traces from the circuit board and microcontroller," and then supplied that information to Audience. The lawsuit was filed on July 3, 2012 in the U.S. District Court for the Northern District of California, with Noise Free asking for damages for the alleged infringement as well as an invalidation of Apple's patent.
ITC denies Apple's request for emergency ban against HTC products
Just like they have been, products like the One X and EVO 4G LTE will continue to pour through US Customs, as the ITC has now denied Apple's request for an emergency ban against the alleged infringing products. The news follows Apple's request for an emergency ban itself, in which the Cupertino outfit accused HTC of making false statements in order to bypass the terms of an exclusion order issued last December. In the most recent ruling, the ITC found that, "Apple has not demonstrated the propriety of temporary emergency action," and went on to state, "the commission will not direct Customs to detain all subject HTC products because the commission does not have the information necessary to determine whether the respondents are currently violating the commission's limited exclusion order." Just yesterday, the ITC began an investigation to determine whether HTC's products continue to violate a patent held by Apple, which would be a violation of December's exclusion order. Until the ITC issues a more definitive finding, however, it seems that HTC can breathe a sigh of relief.
Google to pay $0 in damages to Oracle, wait for appeal
After watching Judge Alsup strike down its patent and Java API infringement claims, Oracle seems to be cutting its losses, agreeing to accept $0 in damages from Google. Confused? So was the Judge, who reportedly responded to the proposal by asking, "is there a catch I need to be aware of?" No catch, but Oracle isn't giving up, stating that it's taking its case to the Court of Appeals for the Federal Circuit. If successful, the appeal could put the two firms back in Alsup's courtroom, perhaps asking for somewhere between the previously proposed $32.3 million and today's sum total of zilch. We'll let you know when the drama comes around again.
Samsung will seek compensation from Apple following 3G patent ruling
Samsung will seek damages from Apple after a ruling yesterday in The Hague stating that Apple had infringed on a 3G patent. The Dutch court ruled in favor of Samsung, stating that Apple must pay compensation for infringing European patent EP1188269. Previously, Samsung had unsuccessfully attempted to ban sales of iPhones and iPads in Europe based on four patents that are essential to implementation of 3G. The court ruled that the technology in question is subject to "fair, reasonable, and nondiscriminatory (FRAND)" licensing, so Samsung was not entitled to ask for a ban on sales of the infringing Apple devices. Those devices include the iPhone 3G, 3GS, and 4, as well as the iPad 1 and 2. The ruling of the court means that Apple will need to pay damages to Samsung for these devices, which use baseband chips manufactured by companies other than Qualcomm.
Kodak loses ruling in patent fight with Apple
Struggling camera and film pioneer Kodak is going through Chapter 11 bankruptcy. While it deals with angry creditors, the company is also juggling a legal battle with Apple over the rights to several patents in its patent portfolio. According to Bloomberg, Kodak recently was handed a setback in its fight with Apple when US Bankruptcy Judge Allan Gropper told the camera maker the dispute would be processed as part of the bankruptcy proceedings and won't be fast tracked by the court. "An adversary proceeding will permit the parties to raise issues in an orderly and expeditious fashion and preserve all of their just rights," Gropper said in a hearing on Wednesday. The dispute involves imaging patents that Apple says it should own. The patents, Apple claims, are derived from technology it shared with Kodak when it worked with the camera company on the QuickTake 100, an early digital camera Apple sold in 1994. Apple says Kodak misappropriated this technology and patented it without Apple's consent. Kodak, however, claims it owns the patents and want to sell them to raise money for its bankruptcy proceedings.
Apple denied Galaxy S III injunction in the US
US District Judge Lucy Koh denied Apple's request for an injunction that would ban the sales of the new Samsung Galaxy S III, according to a report by Reuters. Koh said Apple's request to block the June 21 launch of the Android handset would "overload her calendar." Instead of pausing to consider the injunction, Koh would rather focus on the larger trial between Samsung and Apple, which is slated to pick up again in July.
HTC decides to buy S3 after all, keeps it on ice for future patent wars
HTC was exhibiting more than a bit of buyer's remorse after its acquisition of S3 Graphics went off the rails: it had used the $300 million deal to scoop up a company with a victory over Apple in a patent dispute at the ITC, only to see that decision reversed and its dreams crumble. S3 will be glad to know that HTC wants the shotgun wedding to last. The One X creator's general counsel, Grace Lei, is now promising that the buyout will wrap up at some point in the near future after "cautious assessment" of its worth. The union won't help HTC fend off escalating Apple assaults, but the 270 patents may make other companies think twice before starting a feud -- oh, and give HTC some graphics technology to improve its products.
Customs stops delaying HTC One X and EVO 4G LTE devices after 'review'
HTC-branded crates have been trickling through customs for ten days already, following a total clamp-down earlier in May, but it's only now that they're able to pass through without lengthy extra checks. The manufacturer says it has "completed the review process with US Customs" and that it is "confident that we will soon be able to meet the demand for our products." That obviously raises the question as to why the HTC One X and EVO 4G LTE devices were held up in the first place. The ITC had earlier ruled that HTC infringed on an Apple patent about data detection, concerning a handset's ability to recognize and move around personal data, for example between the contact entry and the calendar, and it had given HTC until April to remove that feature. HTC agreed to that, but it appears customs officials initially needed to check every box to ensure that products arriving in the US were of the compliant type. Meanwhile, the LTE part of the EVO 4G is still waiting for its luggage.
Huawei files EU antitrust complaint against InterDigital
Huawei has filed an EU antitrust complaint against InterDigital to end its "abuse" of the allegedly standards-essential patents it controls. The company has urged the commission to examine its demands, which are considered too hefty to come under the protection of FRAND terms. The shoe normally resides on the other foot, with InterDigital previously instigating battles with Nokia, Samsung and ZTE. This time, it looks like the Chinese giant was tired of being pushed around by what it's derisorily called a non-practicing entity -- which we've taken to be a polite euphemism. Update: InterDigital has released a statement, which we've included after the break.
