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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.
Apple ban on original Samsung Galaxy Tab 10.1 stands in Germany
Apple achieved a quasi-victory today in the ongoing intellectual property battles with Samsung when an appeals court in Dusseldorf, Germany upheld Apple's requested preliminary ban on the Galaxy Tab 10.1. The court's decision also covers the Galaxy Tab 8.9, but not the Galaxy Tab 10.1N -- the version of the tablet that Samsung tweaked slightly to get around its similarity to the iPad. A decision on the 10.1N is expected on February 9, 2012. Why is this a partial victory for Apple? Well, the ban was upheld not on Apple's design rights, but a breach of German unfair competition laws. That weakens Apple's assertion that the Galaxy Tab 10.1 and 8.9 models blatantly copied iPad design features. In addition, this verdict is limited to Germany alone and does not apply to other European Union member states. The Netherlands rejected a previous ban on the Galaxy Tab 10.1 just last week, and if the 10.1N and other lightly-modified tablets remain on the market, it indicates that competitors don't have to make a lot of modifications to iPad copies for them to stay on the market. However, all is not lost for Apple. Samsung is losing its claims on 3G patents in Germany, and was also recently the target of an EU investigation regarding alleged abuse of those patents. This is the year that many of the worldwide patent lawsuits that Apple and Samsung are embroiled in should reach resolution in the courts.
Samsung faces EU antitrust investigation over mobile patents
Samsung's European legal woes don't look to be abating anytime soon, as the EU today formally launched an investigation into the Korean manufacturers' competitive practices. At issue are, not surprisingly, a collection of patents that Samsung has used to launch a series of lawsuits against rival companies. The manufacturer maintains that these patents are essential to complying with European mobile standards, but the EU says Samsung may be in violation of a promise it made more than ten years ago. Back in 1998, the firm said it would license these essential telephonic patents to competing manufacturers, under the terms outlined in FRAND. The Commission explained the obligation and its potential ramifications in the following statement: The Commission will investigate, in particular, whether in doing so (seeking injunctions on patent infringements in 2011) Samsung has failed to honor its irrevocable commitment given in 1998 to the European Telecommunications Standards Institute to license any standard essential patents relating to European mobile telephony standards on fair, reasonable and non-discriminatory (FRAND) terms. The Commission will examine whether such behavior amounts to an abuse of a dominant position prohibited by Article 102 of the Treaty on the Functioning of the EU. No word yet on how long the investigation may take, but we'll be sure to keep you updated going forward.
US government rules three Barth patents invalid, sends Rambus scrambling
Suing's easy. It's the "winning" that trips folks up. Such is the case with Rambus, who has been relying oh-so-heavily on the so-called trio of Barth patents to actively pursue just about every technology company on the planet. For those unaware, Rambus has christened itself as a "technology licensing company," but with the last of three patents used to win infringement suits against NVIDIA and HP being declared invalid, it's probably scrambling for new tactics. According to a Reuters report, an appeals board at the US Patent and Trademark Office declared the patent invalid a few days back, with the previous two being knocked back in September. A couple of months back, Rambus' stock lost 60 percent of its value after a court decision led to the loss of a $4 billion antitrust lawsuit against Micron and Hynix, and we're guessing things won't be any happier when the markets open back up on Monday. The company's next move? "We're evaluating our options," said spokeswoman Linda Ashmore.
German court rejects Samsung's second 3G patent complaint against Apple
About a week after suffering a legal setback in Germany, Samsung received another bit of bad news this morning, when the Mannheim Regional Court rejected the second of its patent infringement claims against Apple. As with last week's ruling, today's decision addresses one of Samsung's arguments that Apple's 3G / UMTS technology infringes upon its patents. Judge Andreas Voss officially shot down these claims early this morning, though he didn't offer an immediate reason for his ruling. As FOSS Patents points out, however, these initial decisions against Samsung may be based on the validity of the specific patents themselves, and would therefore have no bearing upon the outcome of the Korean manufacturer's three other claims -- all of which are based upon different 3G / UMTS patents. In addition, the company is pursuing two lawsuits based on patents not related to 3G standards, including one, apparently, that details a way to type smiley emoticons on a mobile handset. We're still awaiting more information on today's outcome and will update this post as soon as we hear more.
Ericsson, ZTE shake hands, drop patent infringement lawsuits
Back in April, Ericsson and ZTE filed patent infringement lawsuits against each other, with each party claiming that its 4G / WCDMA / GSM technology had been illegally appropriated. Today, though, the two have apparently decided to bury the hatchet, and withdraw their lawsuits. In a statement issued yesterday, ZTE said the two firms arrived at the decision after "extensive discussion and consultation," adding that the move will bring an end to "the patent infringement lawsuits filed by Ericsson against ZTE in the U.K., Germany and Italy, as well as the patent infringement lawsuit filed by ZTE against Ericsson." The company went on to deny earlier reports that it was forced to pay €500 million (about $647 million) to Ericsson, though Ericsson has yet to offer any comment on the matter.
Apple files German lawsuit against Samsung, targets Galaxy S II, nine other smartphones
With patent infringement accusations going every which way in recent months, we're certainly familiar with Apple/Samsung banter in the international arena. Now Apple has thrown yet another punch at the Korean smartphone maker, targeting its Galaxy S II, Galaxy S Plus and eight other handsets, claiming -- yes, you've got it -- patent infringement. The suit was filed in Dusseldorf Regional Court -- the same venue that the company used to target the Galaxy Tab 10.1N, which was created specifically to sidestep a September injunction, also in Germany. It's becoming rather difficult to keep track of all the IP hubbub across the pond, but we'll surely be back with more as soon as the German court has a ruling to share.
Microsoft and Barnes & Noble agree to eliminate one patent and multiple claims from ITC infringement case
Patent lawsuits start out the same way: company X hurls a slew of infringement allegations at company Y, the court demands that the fat be trimmed, and the case's scope is distilled so that only the strongest claims remain. Microsoft's ITC patent case against Barnes & Noble is currently in the midst of this streamlining process, and the parties have agreed to drop claims from four of the patents at issue and eliminated one patent from the proceedings altogether. A full accounting of all the bits of IP that have been eliminated can be found at the source link below.
M-Edge suit accuses Amazon of corporate bullying, patent infringement over Kindle cases
Case maker M-Edge filed suit with a Maryland court last week accusing Amazon of "unlawful corporate bullying" and patent infringement relating to the company's line of Kindle cases. According to M-Edge, the company signed a three-year agreement with Amazon in November 2009 for a 15-percent sales commission, only to have the retail giant demand a new contract with a 32-percent cut a mere two month later. A lawyer for M-Edge told The Wall Street Journal that Amazon punished the case maker over its refusal to play ball, after threats of burying the company's products on its site. According to the filing, M-Edge finally caved and signed a new contract in July of last year, given the fact that Amazon apparently drives nearly 90-percent of the small company's revenue. The suit also accuses Amazon of "knocking off" its reading light-packing covers with lighted jacket designs for the Kindle 3. Amazon, for its part, has refused to comment on the matter.
Sprint sues Time Warner, Comcast, Cable One and Cox for infringing twelve digital phone patents
Sprint's lawyers have been hanging out with nothing to do for a few days, so it's time for them to get back to work. The Now Network is now focusing its sights on Time Warner, Comcast, Cable One and Cox, slapping each one with a separate lawsuit claiming they have been infringing on up to twelve of their patents. The technology the companies have been using, Sprint states, relates to the transmission of voice data packets and was patented in the 1990s. Interestingly enough, several of these patents were the subject of its 2007 infringement case against Vonage, in which the VoIP company was ordered to fork over $80 million. In the filings, Sprint mentioned that the four entities "have realized the great value in this technology and have misappropriated it without Sprint's permission." Our world may be frightening and confusing, but it sure can be lucrative at times. And let's face it -- Sprint has quite a few bills to pay over the next couple years.
