patentinfringement
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Samsung tablet to face further delay in Australia
Samsung was handed down another setback in its Australian court battle with Apple. Last month, the South Korean company decided to voluntarily delay the launch of the Galaxy Tab in Australia until Federal Court Justice Annabelle Bennett could make a decision on Apple's request for an injunction. A hearing was held yesterday and Bennett has said she may grant Apple a short injunction to give her time to review the legal arguments presented by both sides in this case. This delay could push out the launch of the Galaxy Tab into next month. Instead of waiting for her decision, Bennet urged the two sides to start their patent infringement case as soon as possible. Samsung's legal counsel David Catterns notes that a patent case could last well into next year, until the iPad Galaxy Tab 9 is being sold, but the company is not backing down against Apple. "This is a high-stakes fight," Catterns said, "This is where we draw the line."
Apple's A4 and A5 processors targeted in a new lawsuit filed by Via
According to a Bloomberg report, well-known motherboard and chipset manufacturer Via has filed a patent infringement lawsuit against Apple. Filed in Delaware Federal court, the complaint accuses Apple of infringing three US patents that cover microprocessor technology used in smartphones and tablets. Presumably, this lawsuit is targeting Apple's A4 and A5 processor used in the iPhone 4, iPad and the iPod touch. The Taiwanese manufacturer is asking for an injunction against Apple products containing these microprocessors and a jury trial. Apple, as expected, has not commented on this latest lawsuit.
VIA Technologies sues Apple for patent infringement
Seems like we can't go a week without another patent infringement lawsuit being filed, and this one's no different. Apparently, VIA Technologies, maker of fine computational processors, is mad as hell with Apple's allegedly infringing ways, and it's not gonna take it anymore. Filed in the US District Court in Delaware, VIA claims that Cupertino's iThings and Apple TVs infringe patent numbers 6,253,312, 6,253,311 and 6,754,810, which cover various microprocessor functions. A complaint's also been lodged with the ITC -- in order to hasten the settlement talks, no doubt. So, all that's left is the countdown until these two shake hands, exchange checks and go on about their business... preferably outside the courtroom.
Apple's patent win over HTC will be reviewed by U.S. Trade Agency
According to a report from Bloomberg, the ITC will re-examine an earlier decision that HTC infringed on two Apple patents. The six member commission has the power to either overturn or confirm the original decision. If it's upheld, this could lead to a ban on the sales of HTC's Android devices in the US. HTC is allegedly infringing on patents involving data transmission and the identification of phone numbers in an email. HTC was found not to be infringing on two other patents that focused on object oriented programming As expected, HTC is pleased with the board's decision to review the case. The commission now has until December 6 to make a decision.
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.
Samsung files French patent complaint against Apple
Samsung and Apple continue to fight a heated legal battle overseas. In the latest skirmish, Samsung filed a patent infringement lawsuit against Apple in France. The complaint claims Apple violates three UMTS patents held by the Korean company. UMTS is a 3G technology used on GSM-based cellular networks. Samsung targets Apple's 3G-capable mobile devices including the iPhone 3G, iPhone 3GS, iPhone 4 and the 3G-capable iPad models. The complaint was filed in Paris District Court and the first hearing is scheduled for December.
Samsung files French patent complaint against Apple, targets iPhone, iPad
Samsung has retaliated against Apple once again -- this time, in France, where the Korean manufacturer has filed a complaint alleging that Cupertino infringed upon a trio of its patents. Originally filed with a Paris district court in July and announced yesterday, the complaint claims that the UMTS technologies featured in the iPhone and 3G-enabled iPads violate three of Samsung's patents. Unlike a previous case in Germany, which recently resulted in a nationwide injunction against the Galaxy Tab 10.1, this filing "focuses on three technology patents, and not on the design of the tablets," as a Samsung spokesperson was quick to point out. Details on the patents in question remain blurry for the moment, but it'll probably be a while before the case progresses anyway, with the first hearing scheduled for December.
German court upholds injunction against Samsung Galaxy Tab 10.1, Apple wins nationwide ban
A German court has weighed in on Apple's seemingly interminable patent battle against Samsung, and it isn't looking good for Galaxy Tab users. In a ruling issued today, a Düsseldorf Higher Regional Court upheld last month's preliminary injunction, banning the sale of the Galaxy Tab 10.1 within Germany. Citing the slate's "minimalist, modern form," presiding judge Johanna Brueckner-Hoffmann determined that Samsung's tablet bears a "clear impression of similarity" with the iPad 2, thereby meriting a nationwide ban. "The court is of the opinion that Apple's minimalistic design isn't the only technical solution to make a tablet computer," Brueckner-Hoffmann explained, "other designs are possible." Earlier this week, as you may recall, Apple won a separate injunction against the Galaxy Tab 7.7 in Düsseldorf, though Samsung can still appeal that decision in a lower court. The court stopped short, however, of calling for an EU-wide injunction against the 10.1-inch slate, arguing that "it could only be competent to order a Europe-wide ban for a firm headquartered outside the European Union if this firm has a German subsidiary." Samsung, meanwhile, plans to appeal the ruling in a higher court, with a company spokesman issuing a now all-too familiar statement: "We are disappointed with this ruling and believe it severely limits consumer choice in Germany."
Apple sues Samsung in Japan over alleged iPhone, iPad patent violations
It looks like Apple's patent spat with Samsung has now reached the land of the rising sun. Reuters is reporting that Cupertino is taking the Korean manufacturer to court in Japan, over alleged patent violations pertaining to the iPhone and iPad. Japan's Kyodo news agency first reported the news, citing unnamed insiders who claim that Apple is looking to halt sales of Samsung's allegedly patent-infringing Galaxy S smartphones, while seeking ¥100 million (about $1.3 million) in damages. According to the sources, the first hearing was held in a Tokyo District Court on Wednesday, though a court spokesman would not comment on the pending case. Neither Samsung nor Apple have commented on the suit and details on the patents in question remain unclear, but we'll keep you posted as we find out more. Update: Ryuji Yamada, CEO of Japanese provider NTT DoCoMo, is now saying that Apple's lawsuit will not have any effect on next month's Galaxy Tab launch. "We have heard from Samsung that there will be no obstruction to sales," Yamada confirmed.
WiLAN lawyers up, picks patent fight with Apple, Dell, HP, HTC and others
You know what the tech world needs? More patent litigation, which is why WiLAN is at it again in the rocket docket of the Eastern District of Texas. This time, instead of suing cable companies, it's going after the likes of Apple, Dell, HP, HTC, Kyocera, Novatel, Alcatel-Lucent and Sierra Wireless. There are two patents at issue: no. RE37,802 that covers CDMA and HSPA data transmission, and no. 5,282,222 which is related to data transmission tech with WiFi and LTE. Will the plucky patent troll get some quick cash, or will the big boys fight this one to the end? Stay tuned.
Openwave sues Apple and RIM for patent infringement
Add one more to the tally of patent lawsuits involving Apple and RIM. This time it's Openwave Systems using the license-by-litigation technique, and it's alleging that multiple devices infringe five of its patents on mobile internet -- including offline email access, cloud computing, and secure server access. The company claims that Apple's iPhone 3G, 3GS and 4, the iPod Touch, both iPads, plus RIM's Blackberry Curve 9930 and the PlayBook all infringe its IP. Apparently, Openwave initially took the pacifist route to persuade Cupertino and Waterloo to pay up, but when its overtures were ignored, it decided upon more aggressive tactics. As others before it, Openwave wants to fight a two front war in the ITC and federal court, but we'll have to wait and see if the ITC elects to take up the cause. Armchair attorneys can get a gander at all the juicy details at the source below.
Samsung delays Galaxy Tab 10.1 launch in Australia amid patent battle with Apple
Just a few days after suffering a legal setback in Dutch court, Samsung has now decided to delay the launch of its Galaxy Tab 10.1 in Australia, amid its heightening patent infringement battle with Apple. In a hearing today, the Korean manufacturer announced that it would refrain from selling or marketing its new tablet within Australia, before September 30th. Samsung made a similar concession earlier this month, agreeing to halt sales of its slates until today's hearing and to provide Apple with product samples at least seven days prior to its Australian launch. The company says it presented the samples on Thursday, but Cupertino's lawyers insisted that the Australian version of the Galaxy Tab 10.1 still infringes upon its patents. Samsung, meanwhile, said in a statement that it's preparing to launch a counter-attack down under, telling reporters that it "intends to file a cross claim against Apple Australia and Apple Inc regarding the invalidity of the patents previously asserted by Apple and also a cross claim against Apple regarding violation of patents held by Samsung by selling its iPhones and iPads." The next formal court hearings are scheduled for September 26th and 29th. Stay tuned.[Thanks, Geoff]
Netherlands judge rules that Samsung Galaxy S, S II violate Apple patents, bans sales (updated)
A judge in The Hague just issued a ruling in Apple's patent infringement case against Samsung, prohibiting "the marketing of Samsung smartphones Galaxy S, S II and Ace for violation of Apple Inc. EP 2,059,868." In an official press release, the court explains that The Hague judge ruled to "ban trading of Samsung smartphones Galaxy S, S II and Ace," adding that Samsung also violated other did not violate Apple patents with its Galaxy Tab 10.1 and 10.1v. The judge determined that Samsung violated patent 2,059,868, which deals with "method of scrolling," but did not infringe 2,098,948 for "recording a flag in connection with multiple screen taps," or 1,964,022, which relates to dragging a slider to unlock the phone. We haven't been able to confirm, but from an online translation it appears that The ban will remain in effect through begin on October 13th. Hit up the source link for the full 65-page verdict (in Dutch). Update: A dutch IP attorney has pointed out that the judge has ruled patent 1,964,022 to be null and void, meaning Apple can no longer make claims in the Netherlands based on this patent. The judge also found that Samsung did not infringe on patent 2,098,948. The infringement of 2,059,868 does not affect the Galaxy Tab 10.1. (Correction: the main patent in question is 2,059,868 not 2,058,868.) Update 2: According to Tweakers.net, Samsung says that it will replace the software that infringes on Apple's patent (the Gallery application, specifically), which should allow it to continue to sell the phones. Notably, that Gallery application is the standard Android one used in Android 2.3, which also explains why the Galaxy Tab 10.1 is not affected by this ruling. Less clear is what the ruling means for other Android phones that use the same application. Update 3: Samsung Mobile's Kim Titus released the following statement: Today's ruling is an affirmation that the GALAXY range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our GALAXY smartphones to Dutch consumers. This ruling is not expected to affect sales in other European markets. Samsung has a proud history of innovation in the mobile industry. We will continue our plans to introduce new products and technologies that meet and exceed consumer expectations. And we will defend our intellectual property rights through the ongoing legal proceedings around the world. [Thanks to everyone who sent this in]
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.
LG, Sony drop patent infringement lawsuits, strike cross-licensing agreement
The testy patent battle between LG and Sony has finally come to an end, now that the companies have decided to lay down their arms and call a truce. In a statement issued today, an LG spokeswoman declared that the two parties have "agreed to drop patent infringement lawsuits against each other," adding that they've struck a cross-licensing deal on the TVs, smartphones and other gadgets in question. A Sony representative confirmed this, but did not offer further details. The spat began back in December, when Sony filed a complaint with the ITC over a handful of allegedly patent infringing LG mobile devices. The Korean manufacturer later struck back with an ITC complaint of its own, targeting Sony products like the Bravia and PlayStation 3. Now, however, the two have apparently learned how to play nice, though details on their settlement remain scarce. As soon as we have them, we'll pass them along.
Apple faces infringement lawsuit over fast booting patent once owned by LG
Apple's facing yet another patent infringement lawsuit -- this time, in Florida, where a company called Operating Systems Solutions (OSS) is taking aim at OS X's fast booting operation. According to court documents, the plaintiff alleges that Cupertino's function (most prominently displayed on this year's MacBook Air refresh) violates at least one protected claim, which details a four-step method for speedy booting, and involves files like config.sys and autoexec.bat (seriously). Interestingly enough, the patent in question was originally granted to LG Electronics, back in 2002, but is currently owned by the little-known OSS. It's still unclear whether or not LG has any involvement with the suit, but we'll bring you the details as soon as they emerge. In the meantime, you can hit the coverage link below to dig in to the full complaint. [Thanks, Lucian]
Samsung: Galaxy Tab 10.1 will launch in Australia, despite Apple's complaint
Samsung issued a statement to Ausdroid that claims it will launch an Australian version of the Galaxy Tab 10.1, despite Apple's infringement complaint. The statement says the following: Apple Inc. filed a complaint with the Federal Court of Australia involving a Samsung GALAXY Tab 10.1 variant that Samsung Electronics had no plans of selling in Australia. No injunction was issued by the court and the parties in the case reached a mutual agreement which stipulates that the variant in question will not be sold in Australia. A Samsung GALAXY Tab 10.1 for the Australian market will be released in the near future. This undertaking does not affect any other Samsung smartphone or tablet available in the Australian market or other countries. Samsung will continue to actively defend and protect our intellectual property to ensure our continued innovation and growth in the mobile communication business. Samsung denied the existence of an injunction and suggests the two companies reached an agreement that will bring a version of the 10.1-inch Galaxy Tab to Australian consumers. We don't know what's different about this Australian version, nor when it will arrive, but it is good news for Aussies looking to grab this Android tablet. Arriving soon is better than not arriving at all.
Apple blocks Samsung tablet sales in Australia (Updated)
Update: AllThingsD reports Samsung claims no injunction was ever issued because the Tab wasn't given a shipping date, and the variant Apple filed a claim against wasn't going to appear in Australia anyway. In essence, it was an empty victory for Apple. Still, this doesn't mean Apple won't press its case again when the Tab does appear in Australia. Apple won an injunction that prevents Samsung from selling the US version of the Galaxy Tab 10.1 in Australia. This measure stems from a patent infringement lawsuit the company filed against Samsung in the Federal Court of Australia. Apple claims Samsung violates ten patents that cover the touchscreen technology and the look and feel of the iPad. Samsung was about to release the Galaxy Tab in Australia, and has advertised it since July 20. Samsung will defend this case with an Australian version of the Galaxy Tab which is supposedly different from the U.S. version. Samsung is supplying Apple with three samples of this device so Apple's legal team can review it. An August 29 hearing was set to review the details of the case and set a trial date, if necessary.
Rovi hits Hulu with patent infringement lawsuit
Mo money, mo problems, right Hulu? Seems it, considering the newly up-for-sale content hub has just been slapped with a patent infringement suit. This latest bit of intellectual property beef centers on the online content provider's alleged unlicensed use of Rovi's electronic program guide technology. According to Reuters, the company, which currently powers the streaming likes of Blockbuster On Demand and CinemaNow, is seeking financial compensation for potential "lost license revenue and treble damages," potentially tripling any future settlement award. While Hulu has yet to issue a statement on the matter, we'd be willing to bet those takeover talks are taking a backseat until this gets sorted.
Judge shoots down Personal Audio's second Apple infringement case
Talk about swift justice. It's been less than a week since we reported on Personal Audio's second infringement suit against Apple, and an East Texas judge has already put an end to the litigation. In a statement regarding the company's complaint that the iPad 2, iPhone 4, and latest generation iPods infringed on the same patents put forth in its initial suit, Judge Ron Clark said the $8 million already awarded to the plaintiff should do just fine. He went on to deny the company's request for a second trial. It may not be the last we hear of Personal Audio, but it is a refreshing change of pace from the usual goings on in Eastern District courtrooms.
