patentinfringement
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Spotify sued by PacketVideo for patent infringement
We imagine getting smacked with a lawsuit soon after landing Stateside isn't quite the welcome wagon Spotify had hoped for. Alas, PacketVideo isn't interested in jamming with this musical newcomer, and has instead picked a patent fight with Spotify in the Southern District of California. The patent in question is for streaming music in digital form from a central source, and it's been licensed by mobile mavens Verizon, NTT DoCoMo, and Orange. According to the complaint, PacketVideo told Spotify in May about its IP, but Spotify wasn't picking up what PacketVideo was putting down, and continued its supposedly infringing ways. Thus, the present action was filed and now PacketVideo is seeking a permanent injunction and triple damages due to Spotify's alleged willful infringement. Of course, this is only the opening salvo in what could easily become a lengthy dispute, so feel free to break out the popcorn while we wait for Spotify's response.
Lodsys adds Rovio, Atari, EA and others to patent suit, makes birds even angrier
If you thought Lodsys was done making a spectacle of itself and dragging app developers to court, you were sorely mistaken. The king of the patent trolls has amended its original complaint against mobile devs, removing one company, but adding five new ones -- all of them big names. Rovio, Electronic Arts, Square Enix, Atari, and Take-Two Interactive have been added to the list of defendants in the suit filed back in May. Vietnamese company Wulven Games has been dropped from the complaint, but Lodsys has more than made up for it by directly targeting possibly the largest mobile title out there -- Angry Birds. You can find the completely amended filing at the source link and, if you're in the mood for a bit of a refresher, check out the more coverage link.
Google's Eric Schmidt claims Apple litigates, doesn't innovate
Google's Eric Schmidt spoke at a mobile conference in Tokyo and addressed HTC's early loss to Apple in a patent infringement case. Schmidt believes HTC will prevail and is "not too worried about this" case. He also added that Google will "make sure" HTC does not lose this case. Schmidt didn't say how Google would support the Taiwanese handset maker, but cash and legal counsel are the two obvious contributions. His response also suggests this umbrella of protection would extend to any manufacturer facing litigation over Android. It wouldn't be a proper Schmidt talk without some controversy and the Google chief did not disappoint. Instead of addressing the infringement issues brought up by the complaint, Schmidt took a pot shot at Apple when he indirectly accuses the company of using lawsuits instead of innovation to compete in the marketplace. Schmidt says, "We have seen an explosion of Android devices entering the market and, because of our successes, competitors are responding with lawsuits as they cannot respond through innovations." Schmidt can say all he wants about Apple as this childish banter means very little in the marketplace. All this controversy will be forgotten later today when Apple announces its Q3 2011 earnings and knocks everyone socks off.
Is Apple's early win against HTC an unexpected bonus for Windows Phone?
Apple's early win in a patent infringement complaint against HTC sent shock waves through the Android world late last week. In response to this loss, some handset manufactures may turn away from Android and look towards the Windows Phone platform for future smartphones, says a report in the mainland Chinese paper 21st Century Business Herald. This report points to the upcoming release of the mango version of Windows Phone and both ZTE and Huawei's interest in this mobile OS from Microsoft. These small manufacturers don't have the resources to battle Apple in court and may chose to side with Windows Phone which is protected by an arsenal of patents held by Microsoft. This theory does have one small flaw. These plans to adopt Windows Phone were in place long before the HTC ruling was handed down. Though this ruling may not have influenced the initial decision to adopt Windows Phone, it may have an influence on the future strategy of these smaller manufacturers. If Android continues to be assaulted by companies like Apple and Oracle, manufacturers could shy away from the Google-backed platform and turn towards an alternative. [Via Electronista]
ITC rules for Kodak in Apple patent infringement complaint
The ITC handed down its final judgment in a patent infringement case Apple filed against Kodak. In a setback for Apple, the panel let the initial decision stand and ruled in favor of Kodak. On May 12, ITC Judge Robert Rogers found one of Apple's patents was invalid and that Kodak did not violate the other two cited in the complaint. The Apple patents in this case focused on image processing in cameras. One described a method for a camera to process two images at the same time, while the other lets users simultaneously adjust multiple settings like balance, color, sharpness and resolution. Apple's legal battle with Kodak is not over. The Cupertino company also faces an ITC complaint filed by Kodak. This complaint was filed against Apple and RIM and accuses the two companies of violating several camera patents held by Kodak.
ITC patent ruling against Apple will stand, Kodak nods approvingly
July is shaping up to be a pretty good month for Kodak. Just a few weeks after granting the camera-maker a second wind in its ongoing patent battle against Apple and RIM, the ITC has issued yet another decision in its favor, determining that a May ruling against Cupertino will stand. At issue is an Apple complaint, filed in April 2010, charging Kodak with infringement of two patents on image processing and power management. On May 12, ITC Judge Robert Rogers shot down Apple's attack, ruling that the patents were not infringed and that one of them was invalid. The full Court had been scheduled to review Rogers' decision later this year, but that won't be happening, now that the ITC has decided to close the investigation (see the PDF, below). Kodak was understandably pleased with the result, though its focus will now turn to August 30th, when an administrative law judge is expected to weigh in on the company's patent offensive against both RIM and Apple.
HTC shares fall 6.5% after Apple patent ruling
HTC's shares fell 6.5% on Monday after a preliminary ruling by the ITC found the Taiwanese company infringed on two of Apple's patents. To stave off further damage, HTC will buy back 20 million of its own shares before September 17th. HTC's shares have fallen steadily in July over concerns about the immediate financial prospects of the company. Investors see HTC slipping in the smartphone market and fear the company may be forced to pay a large lump sum to Apple. HTC confirmed it will appeal the ITC ruling and will defend itself against Apple "using all means possible." A final ruling by the ITC in this patent infringement case is due on December 6. HTC is also facing a similar patent infringement lawsuit filed by Apple in the U.S. District Court in Delaware.
Apple gets partial win in HTC patent case
In breaking legal news this afternoon, CNET is reporting that Apple has won a partial victory in its patent suit against HTC. Patent expert Florian Mueller of FOSS Patents tweeted (above) that the result could be a ban on many or all HTC Android products from the U.S. market. The U.S. International Trade Commission ruled that HTC had infringed on two Apple patents that were included in an earlier lawsuit. HTC is expected to appeal the decision.
ITC finds HTC guilty of infringing two of Apple's patents, appeal expected in 3... 2...
Talk about a sting to start the weekend. The International Trade Commission has just made an initial determination in the ongoing patent infringement case between HTC and Apple (not to be confused with yet another, similar case involving Apple and Samsung), and it's not looking great for HTC. The judge ruled that HTC had infringed on two of the ten patents in question, and if this ends up flushing through, it's possible that select HTC products would be banned from ever arriving in the US. More likely, however, is a settlement between the two at war, with HTC forking out untold quantities of greenbacks in exchange for Apple backing away from the blockade trigger. 'Course, it's hard to say how negatively this will impact other Android handset makers, many of which may run into the same sorts of legal hurdles. Naturally, HTC's already saying that it'll appeal the ruling, while Cupertino's legal team is remaining mum. And, you know, grinning slyly. Update: All Things D is reporting that the two patents in question are 5,946,647 and 6,343,263, the former of which is said to be "fundamental to Android." It's also worth noting that said patent is one that's being argued over in a separate Apple vs. Motorola battle. That said, we aren't passing judgment just yet. HTC general counsel Grace Lei stated the following: HTC will vigorously fight these two remaining patents through an appeal before the ITC Commissioners who make the final decision. We are highly confident we have a strong case for the ITC appeals process and are fully prepared to defend ourselves using all means possible." [Thanks, Stephen]
Judge denies Apple's request to speed up its suit against Samsung
Apple's lawyers in its lawsuit against Samsung are an impatient bunch. First, they asked the court for an accelerated discovery process so they could get their hands on Sammy's forthcoming products ASAP. Then they filed a motion to trim the time until trial and asked for an order shortening the time to file the briefs for that motion. Yesterday, the court told Apple to slow its roll by denying its request to compress the briefing schedule. In doing so, the judge cited Apple's knowledge of Samsung's alleged infringement for more than a year and the fact it engaged in license negotiations with the Korean company during that time -- which the court thinks undermines Jobs and Co.'s argument that they'll suffer substantial harm without a hurried hearing schedule. It's a minor ruling in the grand scheme of things, but it indicates that Apple's cries to condense the time until trial may fall upon deaf judicial ears. Looks like the folks in Cupertino may have to look to the ITC if they want the rocket docket treatment.
Apple's chief patent lawyer Richard Lutton Jr. to leave the company
Apple's Chief Patent lawyer will soon leave the company according to a report from Reuters. The reasons for the departure of Richard "Chip" Lutton Junior during a time of escalated legal battles over patent infringement is not known. B.J. Watrous, former deputy general counsel at Hewlett-Packard, is Lutton's replacement. Apple is also reportedly hiring more lawyers to beef up its intellectual property team as it takes on HTC, Samsung and others in various patent infringement complaints. [Via AppleInsider]
Apple looking to block sale of HTC devices with patent complaint
Apple has filed a second patent infringement complaint against Android handset maker HTC. The details on this second complaint are not yet available to the public so the patents at dispute are unknown. An earlier ITC complaint filed in March focused on patents for the iPhone UI, hardware and architecture. A final initial determination for this first complaint is due August 5, 2011, but a third-party ITC group (Office of Unfair Import Investigations) claims HTC did not infringe on any Apple patents. This early ruling against Apple may influence the ITC's final ruling later this summer. Apple is aware of this possible, impending defeat and may be using this second complaint to bolster its position against HTC. Until the details are made public and the lawyers weigh in on the subject, we wont know whether this second case is stronger than the first. HTC is also refraining from comment until it can review the details of the complaint. [Via BGR, Electronista and Foss Patents]
Apple files second ITC patent infringement complaint against HTC
Nothing like a little legalese to take the edge off on a Monday, eh? Just months after Apple smacked HTC with an ITC complaint, it looks as if the company's doing the same thing again. As if one ongoing ITC complaint against Samsung wasn't enough, the US International Trade Commission is reporting that HTC is being accused again. As predicted, the patent infringement complaint is asking for the entity to block the import of "personal electronic devices" by HTC, but until it becomes available for public viewing, it's hard to know exactly which device(s) ticked the lawyers in Cupertino off. As for the prior tiff? A judge is expected to rule on that August 5th, and those findings are then subject to review by the full commission. HTC's not commenting yet given that even it hasn't seen the details, so we'll be sure to keep you posted as the drama unfolds.
Apple files ITC request to block import of select Samsung devices
And with that, yet another punch is thrown. The slugfest that is Apple vs. Samsung is getting uglier by the minute, as each one pushes the other's buttons in a presumed effort to get paid (or get the other to back down). Just as Apple was being told "no" in a request for a preliminary injunction, it's hoping for a more satisfactory outcome from its most recent filing. That one's headed to the US International Trade Commission in Washington, where Apple's trying to block the import of the Galaxy S and Galaxy Tab, amongst other Samsung products. The ITC only stated "Electronic Digital Media Devices," but FOSS Patents has found five utility patents and a pair of design patents -- those encompass a grand total of six Sammy smartphones and a duo of slates. Analysts are stating that an outright ban on Samsung imports is unlikely (no shock there), and the most likely outcome here is a "settlement and cross-licensing deal." Mo' money, mo' problems, right?
Google, MapQuest, Microsoft and Aol sued for allegedly infringing 3D mapping patent
The saga continues for Google's voyeuristic mapping service, but this time Microsoft Streetside and Aol's MapQuest 360 View may be the Bonnie to Street View's Clyde. Transcenic, Inc. is suing the tech giants for acquiring the tools necessary to offer 3D mapping by less-than-legitimate means. The Louisiana-based company alleges that all named parties borrowed, without permission, a bit from a patent it owns on a 3D cartography technology that captures spatial reference images and uses a database to navigate them on command. Google has been in hot water for its maps before, but it no doubt hopes this legal tiff ends as well as its one for trespassing, where it only paid a pack of gum's worth of damages. If you're into reading all the current legalese, check out the source for the full complaint. Meanwhile, we'll find out if Cousin Vinny's on the case. [Disclosure: Aol is the parent company of Engadget.]
Microsoft and Wistron come to terms in royalty agreement, Android and Chrome OS now targeted
We're seeing a heavy surge in Microsoft's relentless pursuit of licensing deals in light of recent patent-infringement claims. Wistron Corp, a spinoff of Acer, is the latest company to make an agreement with Microsoft in a string of lawsuits and royalty clashes that's spanned the course of two months. While we've seen Android suppliers such as Itronix and Velocity Micro come to agreements with the folks in Redmond, as well as others like Motorola and Barnes & Noble becoming courtroom fodder, this is the first time Chrome OS has been targeted. Wistron's an ODM (original design manufacturer) that supplies other companies with computers, tablets and e-readers using either Google OS, so it's not necessarily a surprise that it signed up for the Microsoft lawsuit prevention plan. Scant details are available aside from the fact that royalties will be collected as a result. Now that Chrome is involved, it not only shows that Team Ballmer isn't backing down, it appears to have even more companies in its crosshairs -- we just wonder who's next on the list. Full (albeit brief) PR after the break.
Samsung drops Apple countersuit -- Apple's still got a bone to pick
Back in April, Samsung slapped back at Apple's claims of patent infringement with a healthy helping of ten claims of its own. Now Bloomberg is reporting that Samsung quietly dropped its countersuit against the Cupertino-based company on June 30th, in an attempt "to streamline the legal proceedings." Of course that doesn't mean the saga is over: Apple's smartphone infringement accusations stand, as do legal battles in South Korea, Japan, Germany, and the UK. Samsung says it will also continue to fight Apple's accusations in the US in the form of a counter-claim. One down, one to go?Update: To clarify, this does not mean that Samsung has abandoned its own infringement claims against Apple. Those claims have been rolled into counter-claims in the original suit.
Bloomberg: Samsung drops US lawsuit against Apple
It was done quietly Thursday, but the news is just getting out today. Bloomberg News says Samsung has dropped the U.S. lawsuit claiming Apple had copied many Samsung innovations in the interest of "streamlining" the legal hornet's nest between the two companies. The Samsung lawsuit was brought in April as a response to an Apple lawsuit, still pending, that claims Samsung's mobile phones and tablets have copied Apple designs. It appears Samsung is doing this to consolidate its legal pleadings, as the US suit was done to quickly establish Samsung's alleged case against Apple. You can read some detailed analysis of this case from the Foss Patents blog. The legal paperwork continue to mount. Last Tuesday, Samsung asked the International Trade Commission to block several Apple devices for sale due to patent infringements.
Kodak granted reprieve in its ITC battle with Apple and RIM
Kodak scored a small victory this week in its International Trade Commission (ITC) case against Apple and RIM for their devices' infringement of Kodak's patent on picture previews. Back in January, an ITC administrative law judge (ALJ) made an initial determination that the patent was invalid and that iPhones and Blackberrys don't infringe Kodak's IP. After reviewing the decision per the parties' request, the Commission changed a few of the ALJ's patent claim interpretations and remanded the case for fresh analysis regarding both infringement and validity. Kodak, naturally, is painting the remand as a victory, even going so far as issuing a celebratory press release. Such swagger seems a bit premature, however, as the judge could once again find in favor of the crowds from Cupertino and Waterloo. The next Kodak moment isn't until August 30th, when the ALJ is due to render his ruling. Stay tuned. Brian Heater contributed to this post.
ITC issues partial ruling against Kodak in patent-infringement case
Today was the day that the ITC was supposed to make a ruling about the patent infringement case it filed against Apple and RIM in early 2010, and sure enough, the word is out. The commission is upholding an earlier ruling by one of its judges which basically threw out the main image preview patent claim made by Kodak. However, two other claims have been restructured by the ITC, siding with Kodak on one claim and not making a determination on a third. The entire case is being sent back to lower courts for further review, giving Eastman Kodak Co. a remote possibility of prevailing with the other claims. Kodak was hoping for up to US$1 billion in damages, a sum that would let the beleaguered former photo giant restructure and develop products that would help it compete in the world of digital photography. With the case going back to the lower courts and the major claim essentially dead in the water, it's unlikely that the company will win much -- if anything -- in this patent infringement battle.
