patentinfringement
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ITC judge issues initial ruling that Motorola infringes Microsoft patent
Well, it's a busy holiday week for the International Trade Commission. The agency just announced an initial ruling that Motorola infringed on four claims of Microsoft patent number 6,370,566, which deals with "generating meeting requests and group scheduling from a mobile device," but not the six other patents that were part of last year's ITC complaint. This is an initial ruling by an administrative judge at this point, unlike yesterday's judgement issued by the ITC, which theoretically banned the sale and import of some HTC phones beginning in April 2012. There's certainly more to come in this particular intellectual property saga, however, so stay tuned. Update: The spin cycle is on full blast, as Motorola has just issued a downright bizarre press release celebrating the fact that it was cleared on six of the seven patents. Evidently, that's enough for a mega-corp to holler "victory!"
Zach Honig12.20.2011
Apple alleges more Samsung IP infringement in Oz over copycat tablet and phone cases
In case you hadn't heard, relations between Apple and Samsung aren't exactly peachy keen these days. Their global legal conflict has been particularly fierce in the land down under, and it seems Apple just poured a bit more gas on the fire by alleging that Sammy's infringing its designs for tablet and phone cases. According to Bloomberg, Cupertino informed the Australian court of its latest legal allegations in a hearing in which it was attempting to push back the case's March trial date. Apple's already issued a notice of this newly alleged infringement to the Korean company, and a statement of its new claims is forthcoming, so details of the infringed-upon IP aren't yet available. What we do know is that it looks like Samsung's attorneys in Oz just got a lot more work to do over the holidays.
Michael Gorman12.20.2011
ITC sides with Apple, bans sale and import of some HTC phones (updated)
The ITC has issued a ruling in favor of Apple Inc., banning the sale and import or certain HTC phones in the US. The ruling, which was widely expected to finally be handed down today after being delayed twice, finds that HTC violates a pair of claims patents a patent held by the Cupertino company regarding the formatting of data (such as phone numbers) in otherwise unstructured documents (such as emails) allowing users to interact with them. The ban isn't scheduled to be enacted until April 19th of 2012, giving HTC and Google plenty of time to address the court's concerns. The Taiwanese manufacturer could also simply remove the feature from its phones, though, the ability to interact with such information across apps, such as tapping a phone number in an email to dial it, is an ability most consumers expect their devices to support. The International Trade Commission did not find that HTC violated two other patents in question, which related to realtime signal processing and would have been much more difficult for HTC to circumvent. Of course, this saga is far from over and we expect these two (along with practically every other mobile manufacturer on the planet) to continue to duke it out in the courts as opposed to in our stores. You can check out the full PDF of the ruling at the source. Update: Looks like HTC already has a plan in place to make it all better. Not shocking, but there it is, check out its statement after the break. Update 2: HTC reached out to us to clarify that the company was not found to be violating a pair of patents, but that it was "two claims in a single patent."
Terrence O'Brien12.19.2011
Motorola wins injunction against Apple Sales International in German patent dispute (update: Apple appeals)
After issuing a default judgment against Apple last month, Germany's Mannheim Regional Court has now granted a "preliminarily enforceable" injunction against Ireland-based Apple Sales International, on the grounds that its products may violate some of Motorola Mobility's patents. At issue is Motorola's European Patent 1010336 (B1), which covers a "method for performing a countdown function during a mobile-originated transfer for a packet radio system." According to Foss Patents, the court's injunction encompasses the iPhone (3G, 3GS and 4), iPad 3G and iPad2 3G. The ruling also states that Apple can avoid the injunction if it removes the patent-infringing elements from its devices, though it's more likely that Cupertino will appeal to the Karlsruhe Higher Regional Court, in the hopes of obtaining a stay. We've already reached out to Apple for comment, and will update this post as soon as we get more information. Update: And as expected, Apple intends to appeal the ruling which, if enforced, would only apply to future shipments. So grab that existing stock while you can.
Amar Toor12.09.2011
Samsung and Apple patent skirmishes heat up
Another day, another patent skirmish with Samsung. The battles are heating up on two fronts, with news of a possible Samsung victory in Australia and Apple unleashing a legal salvo against the Korean foe in Germany. On the Western front, an Australian federal court lifted a preliminary injunction imposed by a lower court banning sales of Samsung's Galaxy Tab 10.1 Down Under. Apple still has a chance to respond -- the same court offered a stay until Friday afternoon so that Apple's lawyers can figure out another legal maneuver to keep the iPad lookalike out of stores until after the critical holiday buying season. Meanwhile, on the Eastern front, Apple filed a preliminary injunction request in Germany to ban sales of the Galaxy Tab 10.1N. This model of the Galaxy Tab was a revised version of the original -- which was already banned in Germany -- with a slightly different bezel design and relocated speaker. The 10.1N was an attempt by Samsung to squeak around Apple's assertion that the Galaxy Tab design is just too close to that of the iPad. The two companies meet up in a German court in Dusseldorf on December 22nd for a hearing, which means that the Samsung tablet is still ripe for consumer plucking this holiday season.
Steve Sande11.30.2011
ITC rules Apple didn't violate S3 Graphics' patents
According to the FOSS Patents Blog, earlier today the US International Trade Commission entirely dismissed the first S3 Graphics complaint against Apple. Interestingly, the official notice (PDF link) has no explanation why the Administrative Law Judge was overruled. There is still one pending complaint by S3 Graphics against Apple which has not been ruled on. Part of what makes this an issue is that HTC is in the process of buying S3 Graphics, and a couple of strikes against Apple patent-wise would have just sweetened that deal. At least we don't have to wait long for more progress on the ITC front, as a date of December 6th has been set for a ruling on Apple's first complaint against S3 Graphics. And don't forget there's still a bit of tussling between Apple and HTC going on as well, with a patent infringement throwdown still not yet decided between them, either. Whew! It's all a bit confusing at first glance, so get comfy, get ready to take some notes, and head over to the FOSS Patents Blog for more information and links to other coverage that will help you make sense of all the legal wrangling.
Kelly Guimont11.21.2011
Samsung modifies tablet to satisfy German ruling, begins selling Galaxy Tab 10.1N (update: Samsung speaks)
Sick of those trips across the border to smuggle a banned Galaxy Tab 10.1 into Germany? Samsung has come to the rescue, modifying its familiar Honeycomb tablet to work around the injunction issued in August and upheld in September as part of Apple's patent litigation in Düsseldorf. It's not entirely clear what's different with the relaunched tablet, which appears to have a black bezel that extends slightly further towards the metal rim, but the Galaxy Tab 10.1N, as it is now being called, has appeared on a German e-tailer's website with a shipping window of two to four days, along with the text "Galaxy Tab is back!" at the bottom of the listing. Samsung isn't entirely in the clear just yet, but unless its new "N" model is also found to be infringing on Apple's patents, gadget-hungry Germans shouldn't have to worry about the iPad-alternative disappearing again anytime soon.Update: Samsung has just issued a statement on the modified Galaxy Tab, with some clarifications on its design changes. "The newly modified device will be renamed the Galaxy Tab 10.1N and we've made two changes to the design," spokesman Jason Kim said. "The design of the bezel has been changed and the speaker has also been relocated."
Zach Honig11.16.2011
Judge tells Apple to reveal Australian contracts to Samsung
Things are really heating up between Apple and Samsung in Australia. In the war between the two electronics behemoths, a judge ruled that Apple Inc. must now provide Samsung Electronics Co. with copies of contracts with Australian mobile-phone carriers. If you remember this story, Samsung has sued Apple in Australia claiming that the iPhone 3GS, iPhone 4 and iPad 2 infringe on patents that the company holds for various wireless technologies. For some reason, Samsung asserts in the patent lawsuit that carriers are contractually obligated to subsidize iPhone sales -- that's not surprising, since that's standard procedure for many carriers and many phone manufacturers. However, Australia Federal Court Justices Annabelle Bennett ordered Apple to produce agreements that it has with Vodafone, SingTel Optus, and Telstra if they don't agree on the assertion. Apple's lawyer Andrew Fox told the judge that "This is quite clearly a fishing expedition," and that Apple will fight the disclosure, suggesting that it's an effort to find other damaging evidence. The Samsung lawsuit was filed in September after Apple requested a court order to bar the sale of the Galaxy Tab 10.1 in Australia. Apple did win that battle, with an injunction granted on October 13. Apple has also been required to turn over 220 pages of documents to Samsung relating to the source code for the iPhone 4S firmware, but Samsung wasn't happy with what they got, stating that there was a "missing file."
Steve Sande11.09.2011
German court grants injunction against Apple for infringement of Motorola patents (update: Apple responds)
Motorola just confirmed that earlier today, the Mannheim District Court in Germany granted a default judgment in its case against Apple that bars the sale of Apple products in Deutschland. In addition to the confirmation, Motorola also issued the following, rather unrevealing statement: "As media and mobility continue to converge, Motorola Mobility's patented technologies are increasingly important for innovation within the wireless and communications industries, for which Motorola Mobility has developed an industry leading intellectual property portfolio. We will continue to assert ourselves in the protection of these assets, while also ensuring that our technologies are widely available to end-users. We hope that we are able to resolve this matter, so we can focus on creating great innovations that benefit the industry."The ruling comes as a role reversal of sorts for Apple, which most recently received a pair of injunctions in Germany, banning the sale of the Samsung Galaxy Tab 10.1 in that country, along with the rather embarrassing removal of the Tab 7.7 from the show floor at IFA. According to FOSS Patents this is a default judgment, meaning Apple did not respond to Moto's filing and as a result got hit with the injunction, which could result in its products being pulled or the company being required to pay damages. And so the saga continues... Dust off the pocket translator and hit up the source link for the full ruling in German.Update: We just got the following statement from Apple regarding the ruling: "This is a procedural issue, and has nothing to do with the merits of the case. It does not affect our ability to sell products or do business in Germany at this time."So, it appears our iDevice-loving German friends have nothing to worry about, at least for now.Update (11/7): FOSSPatents has posted a second update accessing the procedural rules, how they (might) affect this case and whether or not Apple has anything to worry about. If you can't get enough FRAND and Zivilprozessordnung news you can read through it -- we'll just hang on until the courts make another decision or someone's products actually get pulled from shelves.
Zach Honig11.04.2011
Samsung loses attempt to ban iPhone 4S sales in Italy
Here's the latest news from the front in the battle between Samsung and Apple: Apple is victorious in a skirmish in Italy. Samsung was attempting to block the iPhone 4S release in Italy, which is scheduled for November 4, saying that the new phone infringed on two patents that the Korean manufacturer holds. In the courts in Milan, Italy, judges turned down Samsung's request, but agreed to requests by both manufacturers to submit more evidence to support their positions in the dispute. After yesterday's hearing, Apple is planning to release the iPhone 4S on schedule next Friday. This was the latest in a series of small, yet important, victories for Apple in the ongoing intellectual property war.
Steve Sande10.27.2011
Galaxy Nexus built to avoid Apple patents
Samsung introduced the Galaxy Nexus, a 4.65-inch handset with Android 4.0, at a press event in Hong Kong on Wednesday. Other smartphones and tablets in Samsung's Galaxy lineup are the subject of several patent infringement lawsuits filed by Apple in the US, Australia, Japan, South Korea, Germany and the Netherlands. Samsung hopes the Galaxy Nexus, though, will be free of this legal wrangling. Samsung's mobile president, Shin Jong-kyun, told reporters that the Korean company will "avoid everything we can and take patents seriously." Shin stated Samsung took steps to ensure the Galaxy Nexus does not include any known Apple patents, but didn't elaborate on how the handset manages to avoid this infringement. He believes the patent battle with Apple will last for a "considerable time" and, though the Galaxy Nexus was designed carefully, he's not 100% certain the handset will be free from future Apple lawsuits.
Kelly Hodgkins10.19.2011
Daily Update for October 17, 2011
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.
Steve Sande10.17.2011
ITC judge says Apple did not infringe on HTC's patents in initial case, more rulings still to come
HTC has since lodged some additional patent infringement complaints with the International Trade Commission, but an ITC judge has now ruled on HTC's first complaint against Apple from back in May of 2010, finding no violation of the patents in question on the part of Apple. As FOSS Patents notes, however, the ruling hardly puts an end to the dispute between the two companies, and HTC certainly seems to be in it for the long haul. Its general counsel told CNET that "this is only one step of many in these legal proceedings," and that, "we are confident we have a strong case for the ITC appeals process and are fully prepared to protect our intellectual property."
Donald Melanson10.17.2011
Dutch court turns down Samung's request to block Apple products
There's still no further word on Samsung's recent attempt to block sales of the iPhone 4S in France and Italy, but the company's now been dealt a blow in its similar efforts in the Netherlands. According to Reuters, a Dutch court has turned down Samsung's request for a ban on certain Apple products, and rejected claims that they infringe on Samsung's patents (it's also rejected Apple's counterclaims in the case). The particular patents in question here are not related to software or the design of the devices, as in other cases, but rather their 3G capabilities, which Samsung had claimed Apple was infringing on with the various iterations of the iPhone and iPad. [Thanks to everyone who sent this in]
Donald Melanson10.14.2011
Microsoft and Quanta ink patent licensing agreement, Android continues to print money for its rival
Microsoft's crossed yet another name off its patent licensing hit list, and this time the big red target lands squarely on Quanta. Under the undisclosed terms of the agreement, Android and Chrome-based devices manufactured by the Taiwanese OEM will be protected by Redmond's vast patent portfolio. Of course, this means MS'll receive royalties for granting access to its treasure trove of related IPs -- of which it has no dearth of at the moment. In other news, Google continues to hope it's all just a case of "opposite day." Official PR in all its vagueness after the break.
Joseph Volpe10.13.2011
Samsung modifies Galaxy smartphones to satisfy Dutch court, plans to resume sales soon
Earlier this summer, a judge in The Netherlands ruled to ban sales of Samsung Galaxy S, S II and Ace smartphones, stating that the devices violated an Apple patent which deals with a "method of scrolling." Well, nearly two months have passed, and Samsung is just now getting around to releasing "upgraded" versions of the affected devices, presumably implementing a non-infringing scroll tool. A Samsung spokesman told Reuters that the three phones will "shortly be available for sale," neglecting to provide an exact release date -- so we wouldn't suggest lining up to get your Galaxy S II fix just yet. This small victory is only the latest in the Apple / Samsung lawsuit saga, which has created quite a stir in a handful of courts around the world. We have yet to hear about a solution to the Galaxy Tab 10.1 ban in Australia, for example, where fingers are being pointed in every direction.
Zach Honig10.12.2011
Intellectual Ventures takes aim at Motorola over alleged patent infringement
When Nathan Mhyrvold's Intellectual Ventures firm isn't striking licensing deals with technology companies, it's usually suing them, and you can now add one more big name to that latter group. This time it's Motorola, which IV says it has been in discussions with for "some time," but which it has ultimately been unable to come to an agreement with on a license. A total of six patents covering a fairly wide variety of functions are included in the suit, which was filed in a Delaware federal court, although that's just a small fraction of the more than 35,000 total intellectual property assets owned by the company. For its part, Motorola is remaining mum on the matter, while IV said in a statement that while its "goal continues to be to provide companies with access to our portfolio through licensing and sales," it will "not tolerate ongoing infringement of our patents to the detriment of our current customers and our business."
Donald Melanson10.06.2011
Samsung wants to block iPhone 4S sales in France, Italy
There's nothing like major corporations acting like a bunch of kids on a playground. As you remember, Samsung and Apple have been locked in a patent infringement lawsuit for quite some time. Apple is trying (quite successfully, I may add) to block the sale of the Galaxy Tab 10 tablet in several countries, so now Samsung is playing tit-for-tat and wants to block sales of the brand new iPhone 4S in France and Italy. Samsung said in a statement that they'll file a pair of preliminary injunction requests in Paris and Milan, stating that the iPhone 4S infringes on two patents related to WCDMA standards for 3G-enabled devices. The South Korean manufacturer plans to make a major assault on the 4S, stating that it will pursue injunctions in other countries as well. Samsung wasted no time in sending out marketing materials panning the 4S while touting the Galaxy S II Android phone. The statement from Samsung states "Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology. We believe it is now necessary to take legal action to protect our innovation." Apple has already successfully blocked (for now) the Galaxy tablets in Germany, as well as some Samsung smartphone models in the Netherlands. Samsung says that Apple hasn't paid licensing fees for some of its patents relating to wireless technology, while Apple says that Samsung never demanded a license fee until last year, being mum before that time because Apple is a huge Samsung customer. In addition to the iPhone 4S, Samsung is claiming that the iPhone 3G, 3GS, iPhone 4, and iPad 2 all infringe on its wireless-technology patents. Stay tuned to TUAW as we keep track of the latest shots fired in what is becoming a full-fledged war between the two companies.
Steve Sande10.05.2011
Samsung looks to block iPhone 4S sales in France, Italy
Not exactly a shocking development here, but Samsung has just announced that it's looking to block sales of the iPhone 4S throughout France and Italy, opening up yet another frontier in its ongoing patent war with Apple. In a statement, the company confirmed that it will file two preliminary injunction requests in Paris and Milan today, on the grounds that Cupertino's new handset infringes upon two patents related to WCDMA standards for 3G-enabled devices. And it looks like this could only the beginning, with the manufacturer stating that it plans to pursue similar actions in other countries, as well. "Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology," reads Samsung's statement. "We believe it is now necessary to take legal action to protect our innovation." Apple has yet to comment on the filings, but we'll be following the drama very closely.
Amar Toor10.05.2011
Apple rejects Samsung's settlement offer in Australia, seeks to 'maintain the status quo'
"Thanks, but no thanks." That's essentially what Apple told Samsung today, in rejecting an offer to end their ongoing patent dispute in Australia. Samsung's proposed settlement, presented on Friday, would've allowed the manufacturer to sell its Galaxy Tab 10.1 within Australia as early as this week, despite Apple's contention that the tablet infringes upon a handful of its patents. The agreement would've also resulted in a speedy court decision, but today, Cupertino told an Australian court that the proposal was simply unacceptable. "It is one we don't accept and there is no surprise," Apple attorney Steven Burley told reporters. "The main reason we are here is to prevent the launch and maintain the status quo." Samsung's lawyers, meanwhile, acknowledged that the rejection now lessens the chances for any settlement at all, arguing that a truce "is not going to be achievable... given the positions advanced by each party," and that the litigation may extend well into 2012. One of the Samsung's attorneys, Neil Young, added that his client isn't in a rush to conclude the dispute, speculating that it may take until March to prepare its defense. "If we can't get a decision out by mid-October, there is no urgency," Young explained. Neither Samsung nor Apple have offered official comment on today's developments, but we'll keep you abreast of the latest.
Amar Toor10.04.2011