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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.
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.
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.
Apple denied Galaxy Nexus and Tab ban in Germany
Samsung is having slightly better luck in Munich than it is here the US in its ongoing legal battle with Apple. The high court upheld a previous ruling that Cupertino's patent relating to "list scrolling and document translation, scaling, and rotation on a touch-screen display" was invalid. The end result is that the Galaxy Tab 10.1N and Galaxy Nexus will stay on shelves in Germany, while Apple undoubtedly looks for a new avenue of attack against its primary competitor (one we presume will also be of the legal variety). The decision to deny an injunction against the 10.1N comes only two days after the same device passed a similar challenge in Dusseldorf, where the cosmetic design was the focus. Samsung was obviously pleased with the result, saying that it confirmed the company's position that its Android products did not infringe on Apple's IP. Cupertino, on the other hand, remained predictably silent. Of course, this war is far from over, and it's only a matter of time before a new ruling hands one of the two manufacturers another small victory.
Cisco sues TiVo to nullify four DVR patents, claims TiVo's just a big meanie
TiVo is known for being more than a bit aggressive in claiming patent rights for its DVRs, and Cisco has apparently had the last straw. Scientific Atlanta's owner has sued TiVo this week in an attempt to negate four patents that TiVo is allegedly using to bully Cisco and other set-top box makers. As long as those patents are active or usable against others, TiVo will refuse to give a fair license, Cisco says -- leaving competitors with little choice but to either agree to a costly settlement or risk a ban. Before championing Cisco as the underdog, remember that it's likely counting on a large patent library as a Sword of Damocles over TiVo's head that could fall if TiVo decides on a countersuit. Regardless of the strategic maneuvering, there's no doubt that Cisco is hoping to avoid a lawsuit on the scale of the epic-length EchoStar case.
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.
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."
Microsoft, Alcatel-Lucent settle decade-old patent spat
It's no secret that Alcatel-Lucent and Microsoft have a long and somewhat litigious relationship, but today the two companies are letting bygones be bygones. CNET is reporting that A-L and MS have reached a "confidential settlement" in a patent dispute dating all the way back to 2002. Originally targeting Dell and Gateway, then-Alcatel alleged that information entry techniques used by Microsoft Outlook, Microsoft Money and Windows Mobile violated a portion of its patent portfolio. Microsoft stepped in on the OEMs' behalf, and in a 2008 ruling, a court granted the newly formed Alcatel-Lucent over $350 million in damages -- subsequently reduced to $70 million in July of 2011 and further reduced to just over $23 million upon appeal. The final settlement is, as we said, unknown, but a Microsoft spokesperson was quoted as saying the deal is "to the satisfaction of both parties." No word on when the two will file their next multimillion dollar blockbuster lawsuit, but apparently both counsels will be sleeping easy tonight.
Judge attacks Oracle's 'stratospheric' damages claim against Google, postpones trial
Everything we've heard about Judge William Alsup tells us he's a guy you don't mess with -- and yet Oracle seems bent on doing precisely that. When the company initially demanded $6.1 billion from Google in recompense for alleged violations of its Java patents, Alsup laughed that figure out of court and suggested $100 million might be closer to the mark. Ellison's crew then came back with a revised claim of $2 billion, which we just knew would lead to another smackdown. Well, here it is: the judge has now cancelled the latest trial date (which had been scheduled for March) and refused to set a new one until the claimant stops using "improper methodologies" for assessing damages, which are "obviously calculated to reach stratospheric numbers." Perhaps Oracle should try something more tropospheric?
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.
Oracle amends complaint against Google to $2 billion, risks the wrath of Judge Alsup
Oracle's damage claim against Google in it's battle over Java patents keeps inching downwards, but not nearly quick enough to please either Big G or Judge William Alsup. The Redwood Shores-based company initially sought $6.1 billion, but eventually lowered that to $2.6 billion. The judge responded by suggesting a far more modest $100 million starting point for a settlement and sent Oracle back to the drawing board. Well, the company amended its complaint, and is now asking for only $2 billion. Judge Alsup has grown noticeably more impatient with both sides as the suit has progressed towards trial, which is still scheduled for October. We can't wait to see what sort of outburst Oracle's latest move inspires in his honor -- we're expecting a flying gavel or two.
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.
Apple wants to press pause on patent suits, calls Motorola a lame duck
In what could turn out to be a very expensive lesson in minding one's mouth, Apple plans to use Google's and Motorola's own words against them in court. Over the weekend, Cupertino's lawyers filed two motions to stay in patent-related litigation with Moto, claiming the OEM's pending merger renders its patent suits indefensible. According to Apple's legal team, the proposed Motorola Mobility acquisition effectively transfers patent control over to Google, an allegation that public-facing statements from both companies seem to corroborate. Citing the potential waste of resources and probable reversal of future pre-merger settlements, the house that Jobs built is hoping to hold off on the court room fisticuffs until after the GoogMo consolidation is settled. With both cases set for far-off trial dates in April and August of 2012, it looks like all parties involved have plenty of time to sort this mess out, and then battle it out once again.
HTC drags on the patent war, files yet another complaint against Apple
Sweet jumping jehosaphat, the patent suit madness just won't end. Only a month after the ITC sided with Apple and HTC offered a standard-issue plea for cooperation, the Taiwanese company has filed its own infringement complaint against the Cupertino crew. This isn't the first suit brought by HTC against Apple, and we're sure it won't be the last. In fact, the two have a long history of engaging in the most common form of competition for smartphone makers. (Why let your products do the talking when you have high-priced lawyers on retainer?) The three patents at the heart of the complaint cover not just the iPhone and iPad, but also the company's computer line -- in particular WiFi networking features and the combination of PDA and cellphone functionality. You can check out the patents in question at the more coverage links and you'll find PR right after the break.
Government says it's got i4i's back in Word patent dispute
As the US Supreme Court prepares to hear yet another appeal in the seemingly unending patent dispute between Microsoft and XML specialists i4i next month, some pretty influential folks are starting to take sides -- officially. Perhaps most notably, Acting Solicitor General Neal Kumar Katyal filed an amicus brief backing i4i and a previous US Court of Appeals decision to uphold the $290 million judgement against the software giant. Other big guns backing i4i with amicus briefs include DuPont, 3M, Johnson & Johnson, Procter & Gamble, and GE. Of course, Microsoft's getting a little help from its friends with official I-got-you-bro statements coming from Google, Apple, Toyota, and Walmart. The appeal is expected to hit the Supreme Court in April and has big implications for patent litigation -- specifically, it could give tech giants like Microsoft more guts to go after patents held by little guys like i4i.
Motorola is 'open' to developing Windows Phone 7 devices, but only if the OS proves compelling
In case you somehow missed it, Microsoft lodged a complaint with the ITC on Friday, alleging Motorola's Android smartphones infringed on nine of its precious patents. You might imagine that'd sting the pride of Moto's chief exec Sanjay Jha, but nothing could be further from the truth. Describing such turf wars over intellectual property as "part of business," Sanjay explains that his company is willing to work with Microsoft on developing a handset based around its new OS, so long as the offering is "compelling." He notes that the first call he received upon becoming co-CEO and handset division chief back in 2008 was from none other than Steve Ballmer, but Microsoft's failure to deliver a new OS in '09 is what compelled him to go the Android route (we doubt he regrets doing it, mind you!). It's no coincidence to our eyes that Microsoft went after the one top-tier Android phone maker that didn't sign up to the Windows Phone 7 utopia project. We recall HTC was in hot water with the Redmond team back in April for similar reasons, and its resultant licensing of Microsoft's patents seems to have been embedded into the WP7 partner agreements -- which is why we're not seeing the likes of ASUS and Samsung being served with similar complaints. So basically, if things get too hot and steamy, Moto could just kick out a token Windows Phone handset, get the accompanying licenses in order, and this whole thing blows over nice and peacefully. Marvelous.
Warner Bros. head spin: lawsuit claims studio pirated anti-piracy patent
We'll let that headline sink in for a second -- it gets even better, we assure you. The story goes as such: German company Medien Patent Verwaltung (MPV) claims that in 2003 it showed Warner Bros. (under a confidentiality agreement) a way to track where exactly a pirated movie came from. One year later, according to the company, Warner started using the same technology without ever providing compensation. Thus, a lawsuit is born -- filed in both New York and Germany against Warner, Technicolor and Deluxe. As bad as it sounds, we can't help but love the irony of such an accusation, but the crème de la crème of all this? The New York lawsuit accidentally cites Warner's patent in place of MPV's. It's being amended now, but think about it: the name of the patent claimed to be a stolen patent was itself stolen by the original patent holder as its own patent. And that's really fun to say out loud.
HTC is hiring...
"In this position, you will join HTC America, Inc. at one of its most exciting phases." Note: The job was posted on February 10th -- we just find the coincidence humorous.
RIM settles with patent holder Visto to the tune of $267.5 million
Research in Motion hit a milestone today, only "achievement" wouldn't necessarily be the best way to describe it. The BlackBerry maker has finally ended a long-running patent dispute with Visto Corp., paying out $267.5 million to settle the matter -- a much larger fee than the $7.7 million Visto got from Seven Networks, but conversely a fraction of the reported $612.5 million RIM paid to settle with NTP years back. With it, however, comes a fully paid license to use Visto's patents, and some of the plaintiff's intellectual property by way of transferred ownership. So now that we can move on from that dispute, who's next to take the mantle and vie for a piece of BlackBerry's pie?
Jury awards i4i $200 million in damages in Microsoft patent suit
It's not quite on the level of some of Microsoft's past patent showdowns, but a Texas federal jury found yesterday that the company should pay a still hefty $200 million in damages to Canadian software firm i4i Ltd for some supposed wrong doing. That company had alleged that Microsoft knowingly infringed on one of its patents in both Word and Vista, which apparently concerned "manipulating a document's content and architecture separately." For its part, Microsoft unsurprisingly begs to differ, and says that "the evidence clearly demonstrated that we do not infringe and that the i4i patent is invalid," adding that it will, of course, "ask the court to overturn the verdict."
