patentinfringement
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Apple sues Samsung for 'copying' the iPhone and iPad
Whoa! In the world of big-time lawsuits, this must be just about the biggest. The Wall Street Journal is reporting that Apple has sued Samsung Electronics for copying "the look and feel" of its iPad tablet and iPhone smartphone. This relates to the Samsung Galaxy S 4G, which bears more than a passing resemblance to the iPhone 3G / 3GS models, and the slightly less obvious Epic 4G, Nexus S, and Galaxy Tab (presumably the older 7-inch model, since the newer ones aren't out yet) devices. The claim for intellectual property infringement is phrased as follows: "Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple's technology, user interface and innovative style in these infringing products." The lawsuit was filed in the Northern District of California on Friday and seeks injunctions against Samsung, damages (both actual and punitive), and a finding that the infringement was willful. Lest we forget, the rarest outcome in such legal tussles is for an actual judgment to actually be handed down, so the greatest likelihood is that this will just lead to another round of grudging handshakes and licensing going one way with money going the other way, but still, it's fun to see the big dogs barking at each other. Another aspect to these proceedings that shouldn't be overlooked is that, on the software front, they boil down to iOS versus Android (again). When Apple calls Samsung uninventive in its user interface, it's talking more about Android's perceived imitation of the iPhone's interface than whatever TouchWiz tweaks Samsung has slapped on top. And hey, if you're going to sue Google indirectly, you can't leave a major player like Samsung outside the courtroom, it just wouldn't be fair.
Patent spar between ZTE, Ericsson escalates to courtroom showdown
Like nostrils, tensions are flaring between two powerhouses in the wireless industry. Ericsson and ZTE have chosen to trade off the role of both plaintiff and defendant, since each company is suing the other for several patent infringements. It's hard to say who the guilty party really is -- with the number of accusations flying around, it's possible everyone is at fault somehow. All we know is that Ericsson challenged its rival company to a throwdown once attempts to reach a licensing agreement failed two weeks ago. ZTE accepted the challenge and raised the stakes by filing a lawsuit of its own. It's not exactly clear what got the quarelling pair's feathers all ruffled, though it reportedly involves 4G / WCDMA / GSM network technology employed in each other's handsets. That sure narrows it down, doesn't it? At least we have a good idea of what's up for grabs: as is oftentimes the case in these types of tumultuous proceedings, the loser has to stop selling the products and services in question and fork over some cash for damages caused to the winner. Why oh why can't we all just get along? [Thanks, Alex]
Apple, Amazon and others are named in Walker Digital patent suit
Walker Digital is using its patent library as a giant war hammer against more than 100 companies, including Microsoft, Amazon, Facebook and Apple. Walker Digital is a US-based research and development firm for technology patents and holds over 400 issued and pending patents both in the US and internationally. The company generates an estimated US$200 million in licensing revenue from these patents. Besides its robust patent portfolio, Jay Walker, founder of Walker Digital, also launched Priceline, and the two companies were tied closely together at launch. Reports from AppleInsider and Reuters don't identify the specific technology involved in this lawsuit, but Walker Digital claims Apple et al. are infringing on patents the company created in the 1990s. The Stamford, Connecticut company reportedly reached out to the companies named in this suit, but its request for licensing fell on deaf ears. Walker Digital then filed its patent infringement lawsuit in US District Court in Delaware on Tuesday.
Apple wins appeal in Time Machine, Cover Flow patent ruling
US District Judge Leonard Davis threw out a US$625.5 million patent infringement verdict against Apple involving its Cover Flow, Time Machine and Spotlight technology for the Mac. In 2008, Mirror Worlds filed a patent infringement lawsuit accusing Apple of infringing on four of the company's patents for a "document stream operating system" and its associated information management system. The lawsuit cited Apple's Cover Flow interface, its backup application Time Machine and its search application Spotlight. Mirror Worlds received its four patents before it disbanded in 2003. In October 2010, a judge in East Texas Federal Court sided with Mirror Worlds and awarded the now defunct company $625.5 million in damages ($208.5 million per patent). Apple appealed this ruling and argued that Mirror Worlds' patents were invalid because the company failed to cite prior art and filed the patents incorrectly. The Texas judge disagreed with Apple's patent claims and upheld Mirror Worlds' patents as valid. In a decision favorable to Apple, however, he ruled that Apple was not liable for damages. Mirror Worlds apparently failed to prove Apple used the same underlying technology for its implementation of Cover Flow, Time Machine and Spotlight. Without this "requisite foundational support," the original lawsuit award was rejected and Apple no longer has to pony up the cash. [Via Ars Techinca]
Google hires Java founder James Gosling amid Oracle infringement suit - ah, snap!
And the war wages on... We've been reporting on the showdown between Oracle and Google over Java-related patent infringement since its inception, and now El Goog's throwing a little extra excitement into the fray by hiring Java founder, and former VP of Sun Microsystems, James Gosling. When Oracle acquired Sun last year, Gosling, who refused to take part, wasn't shy about expressing his views, calling Oracle's Larry Ellison "Larry, Prince of Darkness." On a post to his blog, which has since crashed, Gosling was vague about his new duties saying simply, "I don't know what I'll be working on. I expect it'll be a bit of everything, seasoned with a large dose of grumpy curmudgeon." That's just the kind of smack talking this scuffle needed to keep things interesting. Long live James Gosling!
Microsoft asks state lawmakers to make domestic companies pay for foreign firms' software piracy
Microsoft's pirated software police have been going after companies abroad for years, but getting those far-away folks into US courtrooms isn't easy. What is easy, however, is suing the folks in your own back yard -- which is why Microsoft is lobbying to get laws passed in several states that'll put US businesses on the hook for the pirating ways of their foreign suppliers. For example, if a manufacturer uses pirated software in the "manufacture, distribution, marketing, or sales" of products sold in Washington, Microsoft could sue the vendor of those products and get an injunction to stop the goods from being sold. So Washington widget retailers would be liable for the piracy of their foreign widget manufacturers, even if the illicit act was merely creating the sales invoice on a counterfeit copy of Word. The Washington state Senate and House have already approved different versions of the bill, and the legislature is in the process of merging the two together for final approval. Louisiana passed a similar law last year, and analogous bills have been proposed in Oregon and several other states as well. Numerous companies -- including Dell, IBM, Intel, and HP -- oppose the laws, as they see them giving Microsoft the power to not only drag them into court, but also futz with their supply chains. (There's bound to be some counterfeit software being used in Shenzhen, right?) As Microsoft's latest anti-piracy scheme unfolds, there should be plenty more legislative action to come. Evidently the crew in Redmond doesn't see piracy as a problem to be fixed by lowering prices.
Kodak and Apple win early victories at International Trade Commission, big bucks hang in the balance
Looks like the US International Trade Commission's had a busy week in tech, as Bloomberg reports the organization has ruled on two longstanding patent wars involving Apple, Nokia, RIM and Kodak. While neither is out of the woods quite yet, two companies have reason to be pleased: Apple and Kodak. ITC Judge E. James Gildea ruled that five Nokia patents don't apply to Apple products, making a ban on iDevice importation unlikely in the United States, and the commission has also agreed to reconsider Kodak's case against Apple and RIM (regarding camera image previews) with its full six members present. Since nobody likes having their products seized at customs, even such preliminary verdicts can lead to large cash sums being paid out, and Kodak thinks it's found a whopper here -- Bloomberg reports that Kodak received a total of $964 million in licensing fees from Samsung and LG, and the company thinks it can suck $1 billion out of its latest pair of defendants. We'll let you know how it goes down.
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.
Same song, second verse: Microsoft sues Barnes & Noble for Android's patent infringement
We should've known this was coming when Microsoft went after Motorola for Moto's supposedly patent-infringing Android devices, and now Ballmer & Co. have their sights set on Barnes & Noble, Foxconn, and Inventec for making and selling the Nook Color. Once again, Microsoft has filed in both the ITC and the Western District of Washington Federal Court claiming that the Android OS infringes its patents, though the patents at issue have dwindled in number from nine to five this time around. Allegedly, the Nook Color is riddled with infringing bits from its tab-using web browser and web-document viewing capability to its text selection and book annotation features. Microsoft has resorted to litigation as a new means to get paid for its patents after year-long licensing negotiations with B&N bore little fruit (unlike those with HTC, who got with the licensing program). So count this as another clear message to manufacturers -- Android's open-source, but it ain't free.
Mosaid gets into WiFi patent game, sues 17 companies including Dell, Canon, Asus, and RIM
Whether or not you agree with their tactics, lots of companies are finding it quite lucrative business to spend more time in the courts than in the research labs. CSIRO got some tasty settlements back in 2009, while just a few months ago Wi-LAN received "a significant amount" in a settlement from Intel. Now it's Mosaid's turn, a Kanata, Ontario-based company that bills itself as "one of the world's leading intellectual property (IP) companies, focused on the licensing and development of semiconductor and communications technologies." Indeed it just licensed some of those properties to LG on the 15th, but the very next day it filed suit against a 17 defendants for infringing on six of the company's patents, relating to network discovery, multiplexing, and other wireless techniques. Among those companies is RIM; which has its Torch, Style, Curve, Pearl, Bold, Storm handsets called out; and Asus, which has a long line of motherboards, routers, and other products said to be in jeopardy. As ever it's hard to draw the line between the patent trolls and the legitimately infringed, but that the lawsuit was filed in litigation-friendly Marshall, Texas doesn't leave us with a particularly good feeling.
PlayStation 3 shipments to Europe now being seized after LG wins injunction against Sony
Sony and LG have been going toe to toe with allegations of patent infringement for over a year now, but Sony's now been dealt what's surely its biggest setback to date in Europe. The civil court of justice in the Hague has just granted LG a preliminary injunction that will see all new PlayStation 3s imported into Europe confiscated by customs for at least ten days. Those are apparently now already being stockpiled in Dutch warehouses while the drama plays out, and there remains a possibility that the injunction will be extended even further, which would almost certainly lead to a shortage of PS3s on store shelves -- as the Guardian notes, retailers generally have two to three weeks worth of stock on hand across the continent. Not surprisingly, Sony is said to be "frantically" trying to get the ban lifted, but it isn't making any public comments on the matter at the moment. [Thanks to everyone who sent this in]
LG files ITC complaint against Sony, goes blow for blow
Late last year, Sony smacked LG with claims of patent infringement, and now the Korean company is swinging back with complaints of its own. LG reportedly filed two claims with the ITC on February 4th, accusing Sony devices -- including Bravia and PlayStation 3 -- of stepping on eight separate LG patents. We knew something like this couldn't be far behind Sony's ITC filing and accompanying federal court case, and we're equally unmoved to hear LG is firing back with its very own civil suit, recently filed in California. Last year we saw patent infringement suits spread like meningitis in a college dorm, and if this dispute is any sign, we can expect to see more of the same in 2011. Let the litigation begin!
Kodak loses critical part of ITC case against Apple and RIM
The International Trade Commission has ruled against Kodak in its patent infringement complaint against Research in Motion and Apple, Bloomberg reports. In an initial determination recommendation, ITC Judge Paul Luckern ruled that Kodak's patents are invalid and not infringed upon by Apple's iPhone or RIM's BlackBerry handsets. This ruling is subject to review by the full six-member ITC commission, which can decided to overrule the judge or let his decision stand. If the commission overturns this decision, they could block the import of camera-enabled handsets from Apple and RIM. This final determination will be made by May 23. The patents in this case involve an image preview feature used by devices with a digital camera, including smartphones (which are the target of this complaint). Kodak has already settled similar patent infringement lawsuits with Samsung and LG. Samsung settled with Kodak in 2010 and paid the imaging company a lump sum of US$500 million. LG settled in 2009 for $400 million. In a press release, Kodak remains optimistic that the Apple and RIM case will conclude in Kodak's favor, but this initial negative ruling casts doubt on a positive outcome for Kodak. Kodak has a lot on the line as a loss in this Apple and RIM case may hurt future patent infringement cases. [Via 9to5Mac]
Microsoft takes its patent infringement beef with TiVo to the ITC
The patent fight between Microsoft/AT&T and TiVo has entered a new venue today now that Microsoft filed suit with the International Trade Commission to stop importation of TiVo's DVRs. WinRumors pinged Microsoft about the latest development and predictably found it's still interested in pursuing resolution through some sort of IP licensing deal, so we wouldn't worry too much about any of those Premieres being yanked off of shelves or cable company trucks. We'll have to wait and see what happens next, and also what Verizon may plan to do to resolve its own infringement issues with TiVo, but those interested can check out the filing itself embedded after the break.
Apple sues Nokia in London over touch-screen scroll patent
Apple has sued Finland's Nokia over claims that one of Nokia's European patents for scrolling on a touch screen is not valid. The suit was filed in London's High Court earlier this week, and is the latest in the legal back-and-forth between Nokia and Apple. In December of 2010, Nokia filed claims in three European countries, alleging that Apple infringed on 13 additional patents, in addition to 24 patents already descried in the existing US and International Trade Commission filings. To date, Nokia has opened file claims on four patents in the UK High Court, seven patents in district court in Dusseldorf, five in Mannheim and two in the Hague. This latest suit from Apple challenges a filing made by Nokia against Apple in Dusseldorf in September of 2010. Nokia spokesman Mark Durrant sounded confident in an email sent to Bloomberg. "Nokia is confident that all of the 37 patents it has asserted against Apple" [are valid], he said. "We are examining the filing and will take whatever actions are needed to protect our rights." Meanwhile, Apple declined to comment. We suspect this won't be over for a long time.
Rovi sues Amazon and IMDb for infringing TV guide patents
Rovi sounds friendly enough, but the company used to be called Macrovision -- and the infamous DRM provider just sued Amazon's IMDb.com last week for infringement of five TV guide patents. The patents came along with Rovi's acquisition of Gemstar, and they cover everything from interactive program guides to purchasing products on-demand to scheduling recordings from a computer -- a huge range that seems to hit everything from QVC to the Xfinity TV iPad app. That probably explains why Rovi says it has deals with everyone from Apple to Yahoo -- between its TV listings products, recent purchase of a sizable video library, and the current litigation with IMDb, it appears that the company is serious about leaving its DRM-centric roots behind and moving into internet content distribution.
Apple awarded patent for multi-touch gestures on electronic documents
Today Patently Apple reports Apple has been granted another major multi-touch patent relating to e-docs. Remember the first time you saw an iPhone television ad, showing the iPhone in action? The touch gestures seemed effortless, magical, like nothing you'd ever seen. Skeptics insisted the TV ads couldn't be real, prompting comparison videos after the iPhone's release. Four years later, multi-touch is taken for granted. It's become "obvious" to other vendors how handhelds should work, so multi-touch is seemingly used on every new device you'll see at CES this week. Apple thinks this competition is healthy, but competitors should create their own original technology, not steal theirs, and it keeps stockpiling the ammunition it needs to defend its innovations. In December, Apple received a patent for one of the primary elements of multi-touch, which we expected would help in its patent suit against HTC.
Sony files ITC complaint about LG, adds another patent infringement lawsuit to the stack
Did the world's tech giants just discover they have lawyers on retainer? That's certainly how it seems, as company after company has decided 'tis the season to target the competition with patent infringement allegations. Sony, the latest, is aiming squarely at LG, claiming that the Korean manufacturer's violating eight patents with its mobile devices -- including the LG Fathom, Xenon, Neon, Remarq, Rumor 2, Lotus Elite and VL600 LTE modem -- claiming that these devices transmit variable-bandwidth audio streams, live-preview camera snapshots, hand off cellular calls and more in ways that infringe Sony's intellectual property. Sony's now filed both an ITC complaint in an attempt to ban new product shipments from the US, and a lawsuit in federal court that will no doubt seek monetary damages. Now, if recent history is any indication, LG will turn around and smack Sony with a patent stack of its own, and we'll all go back to dreaming about LG devices we'd actually care to purchase.
Paul Allen files amended complaint, points out exactly where patent infringement is hiding
Left with just two weeks to explain exactly how seven of the web's biggest properties (and three office supply chains) violated his company Interval's patents, Microsoft co-founder Paul Allen figured out a plan -- Intervals' lawyers are drawing big, colored boxes around large swaths of the allegedly infringing websites' real estate. In all seriousness, a lot of companies may owe Allen a lot of money if Interval truly has a case, because Interval claims to have patented no less than the ability for a website to take a user-selected piece of content and suggest other related pieces of content that might be of interest. Oh, and it's also apparently patented pop-ups and widgets, as most anything that displays information "in an unobtrusive manner that occupies the peripheral attention of the user" is getting the same treatment. Hilariously, it appears that the co-founder of Microsoft didn't provide his lawyers with basic scanning technology, because the PDF of the exhibits they uploaded to the court's web site is just epically bad -- check out everything they say infringes in the gallery below. Disclaimer: We should note that AOL is among the companies being sued by Allen and Interval, and that Engadget is owned by AOL. So you know, just think about that a bunch, or something. %Gallery-112185%
Nokia ups the ante on Apple, adds 13 more patents to the 24 already asserted
We told you that this would likely go on forever. Nokia just announced that the company has filed claims in the UK, Germany, and The Netherlands alleging that Apple's iPhone, iPod touch, and iPad are infringing upon Nokia's patents. This adds 13 more patents to the 24 already asserted in the ITC and US federal claims. Here's a particularly snippy remark made Paul Melin, vice president, Intellectual Property at Nokia: "The Nokia inventions protected by these patents include several which enable compelling user experiences. For example, using a wiping gesture on a touch screen to navigate content, or enabling access to constantly changing services with an on-device app store, both filed more than ten years before the launch of the iPhone." The new Nokia patent claims are wide ranging covering user interface, on-device app stores, antenna structures, signal noise suppression, messaging functionality, chipsets, caller ID, display illumination, integration of multiple radios, and data card functionality. Click through for the full press release.
