patent infringement
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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."
Judge says Apple can't pursue patent infringement case against Kodak
Apple was dealt a setback today in its efforts to prevent Kodak from selling up to $2.6 billion worth of digital imaging patents, with U.S. Bankruptcy Judge Allan Gropper ruling that it would be an "inappropriate way forward" to allow Apple to pursue patent litigation against the bankrupt company. For its part, Apple had argued that one of those patents -- concerning the ability to preview digital photos on an LCD screen -- was "misappropriated" from its own technology, and that Kodak therefore shouldn't be allowed to sell it off as part of the planned sale (something Kodak obviously disputes). On that point, the judge did agree that the matter should be resolved soon, just not in the manner in which Apple had been proceeding, further adding that he "would request that the parties report to me on their efforts to come up with a procedure that truly works."
Nintendo says it refuses to 'succumb to patent trolls' as it wins Maryland case
Nintendo issued a fairly terse press release earlier today, announcing that it has prevailed in a US patent lawsuit for the "third consecutive time this year." That particular case concerned Nintendo's Wii Balance Board accessory and Wii Fit and Wii Fit Plus software, which a company called IA Labs said infringed on one of its patents (No. 7,121,982); a claim that was dismissed by the Maryland District Court judge in the case. IA Labs was also more or less dismissed as a company by Nintendo's senior vice president of legal and general counsel Rick Flamm, who said that "we vigorously defend patent lawsuits when we firmly believe that we have not infringed another party's patent," and that "we refuse to succumb to patent trolls." The company's full statement can be found after the break.
ITC to review its decision on Microsoft, Motorola patent case
Remember back in December when the International Trade Commission ruled on a Microsoft complaint from 2010 that Motorola's Android products infringed on seven of its patents, siding with Microsoft initially on one of them? Since that's so hard to forget, it probably comes as no surprise to hear that the ITC announced today it would review the decision in part, as Motorola noted in its press release at the time. Don't expect a final ruling for another month or so (we'd keep that NFL Draft window clear if we were you), but if you're looking for details, FOSSPatents has the notes on which segments are under review. Don't worry if you miss a step though, we'll be sure to let you know once it's all over (hint: it will never, ever be over.)
Daily Update for March 1, 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 February 28, 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
Apple sued by patent holder Brandywine over voicemail
It's tough when you're at the top of your game, because everybody wants to shoot you down. A new lawsuit against Apple by Brandywine Communications Technologies claims that our buddies in Cupertino are infringing on two patents that vaguely describe mobile voicemail. And who is Brandywine? If your answer includes the words "patent troll," you may already be a winner. Brandywine Communications Technologies is a firm that Verizon -- in a lawsuit against the company -- called "a patent holding company that is in the business of enforcing patent rights through the filing of various lawsuits." In other words, a patent troll. The two patents that Brandywine is suing over are No. 6,236,717 and No. 5,719,922, both of which cover a "simultaneous voice/data answering machine." Not vague enough for you? Here's the description from the patent filings: "A simultaneous voice and data modem coordinates the storage of voice messages and data messages on an audio answering machine and a personal computer, respectively. This allows the called party to subsequently retrieve, via the simultaneous voice and data modem, both a voice message and an associated data message, i.e., a multimedia message, where the called party listens to the voice message while viewing the data message. The called party can retrieve the multimedia message either locally or from a remote location." Sounds just like Visual Voicemail on the iPhone, doesn't it? Along with Lodsys and NTP, Brandywine appears to be working on the assumption that it's easier to make money by filing lawsuits than by actually creating something of value. Apple has not commented on this latest lawsuit.
Comcast sues Sprint with patent infringement, says two can play that game
Pro tip: when suing the pants off another company for patent infringement, it's a good idea to make sure you're not violating any of that same company's intellectual property. That's the lesson we imagine Sprint is learning at this very moment. Just two months after it filed a lawsuit against Comcast for getting all up in its VoIP business, the digital services company is now ready to go Comcastic on the Now Network's derriere, as it has filed a lawsuit of its own in a Pennsylvania court. While it's not directly tied into December's case, it seems oddly coincidental that this new suit came into existence so soon after Sprint fired the first shot.Comcast and subsidiary TVWorks, LLC allege that Sprint is guilty of violating four wireless patents: its wireless broadband cards, Vision Pack and other SMS services, MMS transfers and voice and data using IP / MPLS backhaul. That's a pretty hefty portion of the carrier's basic operations, it seems, and we're assuming that a settlement or licensing agreement will be the end result here. Regardless, as the adage says, what goes around comes around.
Apple granted injunction in German patent suit, Motorola phones with slide-to-unlock at risk
Apple scored a huge victory today in Munich's Regional Court where Judge Dr. Peter Guntz found Motorola's implementation of slide-to-unlock on smartphones to be in breach of Cupertino's patent holdings. The ruling has resulted in a permanent injunction that Apple could execute at will, forcing Moto to alter the UX it employs across its device portfolio in Deutschland. The case originally focused on three separate applications of this gesture tech -- two for phones, alone -- but for now, the one used on the Xoom has been deemed outside of Apple's purview. Naturally, both parties are expected to appeal this decision, with Apple gunning for a total victory on every derivation of patent EP1964022 and Motorola seeking to overturn the win. Nonetheless, this particular legal triumph could help to set a precedent for the company as it continues to rage an IP war against fellow mobile industry rivals.
Apple v. Samsung: Cupertino's latest complaint alleges 17 devices infringe 8 of its patents
We were waiting for the details of Apple's new lawsuit in its global battle against Samsung, and now that the court has posted the complaint, we have them. These fresh allegations claim Sammy has... you guessed it, infringed upon Apple's intellectual property. Turns out, there are eight patents at issue, with four of the patents in question having been granted since the last time Apple filed suit against the Korean firm. Among these are patents for missed call management, slide-to-unlock and data-syncing technology. Apple isn't just targeting the Galaxy Nexus with this suit as previously thought, either. In fact, at least 17 devices are alleged to have infringed, including all the US Galaxy S II variants, both the Galaxy Player 4.0 and 5.0, the Galaxy Tab 7.0 Plus and Galaxy Tab 8.9. So, should the Northern District of California decide to grant Apple's request for a preliminary injunction, a hefty chunk of Samsung's mobile products will be barred from store shelves here in the States. It'll be a bit before we hear Sammy's side of the story, but for now, you can see all of Apple's latest legal arguments below.
Daily Update for February 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.
Apple wants to file patent lawsuit against Kodak, fully aware that Kodak's bankrupt
Poor Kodak just can't catch a break these days. Nearly a month after filing for Chapter 11 bankruptcy and mere days after shuttering its digital camera business, the sputtering company now finds itself the target of no less a behemoth than Apple. Yesterday, Cupertino's legal team asked a US Bankruptcy Court for permission to go after Kodak on two legal fronts: with a patent infringement lawsuit in a Manhattan district court, and a corollary complaint in the ITC. According to Bloomberg, Apple's patent suit focuses on technologies that Kodak uses in its line of digital cameras, printers and digital picture frames. Unfortunately for Kodak, printers are one of the product areas it recently decided to focus on, as confirmed in last week's restructuring announcement. Salt, meet wound.These two companies, of course, have been involved in an ongoing ITC battle over Kodak's image transfer technology, with the latest salvo coming last month, when the camera company launched a fresh batch of litigation against both Apple and HTC. If the bankruptcy court grants Apple's request, the company will head straight to court, in the hopes of obtaining a block against Kodak's allegedly infringing products. Kodak, meanwhile, could file a request to hold off the district level case until the ITC ruling comes through, though Apple said yesterday that it would press forward, regardless. The company was also quick to point out that it's not legally bound to request permission to sue a court-protected bankrupt company, but did so "out of an abundance of caution," which is really considerate, if you think about it.
Apple seeks injunction against Samsung in California with newly acquired patents (update: Galaxy Nexus targeted)
You can now add one more case to the long list of disputes between Apple and Samsung. As PaidContent reports, Apple filed a lawsuit against Samsung in the Northern District of California federal court on Tuesday, seeking a temporary injunction on the basis of two patents it obtained in December. One of those reportedly concerns the autocorrect feature found on iPhones and iPads, but details on the case otherwise remain a bit light as the complaint itself is still under seal. We'll keep you posted as we get more information. Update: Some additional details from the complaint have now come to light, and it turns out Apple is citing two additional patents in addition to the pair acquired in December (one of them related to the slide-to-unlock feature). What's more, it's also been revealed that Apple is targeting one specific device in this case: the Samsung Galaxy Nexus. Given the patents, however, it's pretty clear that Apple taking aim at the Android 4.0 operating system rather than the phone's hardware, as it has in earlier cases against Samsung.
German court has dismissed Motorola's patent lawsuit against Apple
In the slugfest between Apple and Motorola Mobility, the Cupertino company has won a round in the German courts. A judge in the Mannheim Regional Court dismissed the Motorola Mobility (MMI) lawsuit against Apple over a patent considered essential to the 3G/UMTS standard. In a typically well-written and extremely detailed look at the case by FOSS Patents, intellectual property analyst and blogger Florian Mueller noted that MMI didn't present conclusive evidence for its contention that Apple was infringing on a key 3G/UMTS patent. MMI's argument has been that "any implementation of 3G/UMTS must inevitably infringe this patent claim," rather than demonstrating that Apple's infringing products actually use the invention. MMI didn't show that Apple was using any actual implementation of the patent; instead, they argued on the basis of the specifications of the standard. MMI declared the patent to be essential, while the court found it to not be essential, meaning that the judge thinks that Apple could be able to implement the standard without infringing on the patent. MMI isn't worrying too much about this specific patent lawsuit, though. They have other similar lawsuits that are still making their way through the court system, and have won other patent claims. Mueller notes that "it takes only one bullet to kill," and that winning a key patent infringement lawsuit could still force Apple and other manufacturers to pay the 2.25% of net selling price "ransom" that will fatten MMI owner Google's pockets over time. To see more detail about today's win and the complex set of lawsuits that are churning through courtrooms around the world, check out the original FOSS Patents post here.
German court dismisses Motorola's patent lawsuit against Apple
Motorola suffered a setback in Germany this morning, after a Mannheim Regional Court struck down one of the company's several patent lawsuits against Apple. The patent in question, EP1053613, is considered essential to the 3G/UMTS wireless standard and, more specifically, pertains to a "method and system for generating a complex pseudonoise sequence for processing a code division multiple access [CDMA] signal." Motorola Mobility had argued that Apple's products infringed upon this patent, but Judge Andreas Voss today dismissed these claims, on the basis that the plaintiff failed to demonstrate Cupertino's violation. It's undoubtedly a welcomed victory for Apple, which had been suffering through something of a losing streak against Motorola, but their ongoing tug-of-war is far from over. Neither Motorola nor Apple have commented on the decision.
Google after 2.25% of every iPhone sale
Google is in the process of acquiring Motorola and its 17,000 patents. Everyone from analysts to tech pundits are wondering if the search company will adopt the handset maker's aggressive patent litigation strategy. Legal experts criticize Motorola for violating the terms of FRAND, which requires patent holders to license standards-based patents to other companies under fair and reasonable terms. Motorola reportedly uses FRAND patents to sue rivals and asks for unreasonable royalty fees which seek compensation based on the selling price of a product, not the core technology it is licensing. In a letter sent to the IEEE standards organization, Google confirmed it would follow Motorola's lead in asking for a 2.25 percent royalty fee on the final selling price of a product. FOSS Patents likens this to MotoGoog wanting 2.25 percent of the selling price of an iPhone because it uses UMTS. Google also said it reserves the right to seek an injunction against a company that does not agree to these terms. Google's stance goes against the idea of FRAND licensing, says Florian Mueller of FOSS Patents. It also exacerbates the growing problem of FRAND abuse. Microsoft, Apple and Cisco have taken a stand against this abuse and support the principles of FRAND patent licensing. Google wasn't always this way, points out MG Siegler. When Google and its hardware partners were the target of several patent infringement lawsuits last year, Google legal counsel David Drummond spoke out vehemently against companies that litigate instead of innovate. Now that Google may soon have a heap of patents in its coffers, it's apparently becoming one of these lawsuit-hungry companies it recently condemned. [Via Fortune Apple 2.0]
Motorola wants 2.25 percent of Apple sales, in exchange for patent license
New details have emerged about the ongoing Apple-Motorola drama in Germany, courtesy of a court document uncovered by FOSS Patents. The two companies have been engaged in a patent battle of swelling proportion these past few months, with the most recent wrinkle unfolding on Friday, when Apple promptly removed (and returned) its 3G / UMTS-enabled iPads and iPhone 4s from its online German store, in response to a court ruling. At issue in this particular case is a Motorola patent that Apple wants to use under FRAND obligations, but Moto apparently isn't willing to license its technology for free. According to a court filing, the handset maker is asking for 2.25 percent of Apple sales in return for the license, though it remains unclear whether this pertains to sales of all products or, more likely, the 3G-enabled devices under consideration in court. Either way, though, Motorola would stand to see quite a bit of extra revenue, especially considering that Apple's iPhone sales have totaled about $93 billion since 2007. Under Motorola's request, the company would have made about $2.1 billion from these sales alone -- not to mention the payments it'd see from iPad sales, as well. Apple, meanwhile, has filed motions to access Motorola's licensing agreements with Nokia, HTC and other manufacturers, in the hopes of exposing a double standard.
Apple broadens Australian patent lawsuit with 278 claims against Samsung
Its legal fortunes may be souring in Germany today, but that hasn't stopped Apple from launching an all-out assault in Australia, where the company has just ramped up its ongoing patent battle against Samsung. As the Australian reports, Cupertino has expanded its complaint to 278 claims, covering 72 patents and a full ten products -- including some smartphones and tablets that have yet to launch in Australia. (Apple's original suit, by comparison, involved only three patents, concerning the Galaxy Tab 10.1.) Apple won an injunction against Samsung's tablet last year, but that was overturned in November. With its subsequent appeal shot down, Apple now appears to be ramping up its forces, though it's unlikely that we'll see a conclusion anytime soon. Samsung's lead lawyer Neil Young said the Korean manufacturer received short notice of its rival's latest suit, which means it won't be able to file a defense until mid-May.
German court denies Apple request for preliminary ban on Galaxy Tab 10.1N and Galaxy Nexus sales
You win some, and you lose some, right, Apple? Hot on the heels of its latest victory in Dusseldorf keeping the Galaxy Tab 10.1 out of Deutschland, Apple was denied similar satisfaction in Munich today. Bloomberg's reporting that the Munich Regional Court denied Cupertino's motion to exclude Sammy's 10.1N and Galaxy Nexus from store shelves due to infringement of a touchscreen patent granted last year. While details of the ruling itself are scarce, the judge apparently rejected Apple's overtures because the patent in question is likely invalid due to the market presence of the same technology before the patent was granted. Of course, the 10.1N's not out of the woods yet, as next week the aforementioned court in Dusseldorf will pass judgment on Sammy's reworked slate. So, pop some popcorn folks, these legal fireworks are far from over.
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.
