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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.
Microsoft, Alcatel-Lucent settle decade-old patent spat
It's no secret that Alcatel-Lucent and Microsoft have a long and somewhat litigious relationship, but today the two companies are letting bygones be bygones. CNET is reporting that A-L and MS have reached a "confidential settlement" in a patent dispute dating all the way back to 2002. Originally targeting Dell and Gateway, then-Alcatel alleged that information entry techniques used by Microsoft Outlook, Microsoft Money and Windows Mobile violated a portion of its patent portfolio. Microsoft stepped in on the OEMs' behalf, and in a 2008 ruling, a court granted the newly formed Alcatel-Lucent over $350 million in damages -- subsequently reduced to $70 million in July of 2011 and further reduced to just over $23 million upon appeal. The final settlement is, as we said, unknown, but a Microsoft spokesperson was quoted as saying the deal is "to the satisfaction of both parties." No word on when the two will file their next multimillion dollar blockbuster lawsuit, but apparently both counsels will be sleeping easy tonight.
Kodak files new ITC lawsuits against Apple and HTC
Kodak and Apple might already be embroiled in an existing brouhaha, but that's not stopping the company from going on the offensive with two new suits. Filed in the Western District of New York, the company alleges Apple's violated four of its patents and HTC five. The claims primarily center around transferring images on and off devices and cover a wide gamut including iPhones, various EVOs and tablets. FOSS Patents muses it's all a ruse to demonstrate there's still gold in Kodak's patent mine -- either way, the market's eating it up.
Daily Update for January 9, 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.
Samsung takes aim at Apple with Australian Galaxy Tab ad, credits Cupertino for its popularity
Now that the Galaxy Tab 10.1 has been cleared for sale in Australia, Samsung is taking the opportunity to publicly celebrate its courtroom victory, at Apple's expense. Exhibit A: a local newspaper ad that flatly brands Sammy's slate as "the tablet Apple tried to stop." The spot, which ran in the Sun-Herald this week, came just a few days before Samsung Australia's mobile head openly credited Cupertino for making the Galaxy Tab a "household name." Speaking to the Sydney Morning Herald, Samsung Australia's vice president of telecommunications, Tyler McGee, declined to say how much his company lost in sales revenue due to Apple's temporary injunction, but was more than willing to laud the iPad maker for inadvertently turning the spotlight on the Galaxy Tab. "At the end of the day the media awareness certainly made the Galaxy Tab 10.1 a household name compared to probably what it would've been based on the investment that we would've put into it from a marketing perspective," McGee explained. The exec went on to say that the manufacturer is bringing to market "as many units as we can," since it expects the device to be in "short supply against the demand." To the courtroom victor go to the spoils -- including, apparently, bragging rights.
ITC judge presiding over Kodak-Apple patent case retires
ITC Chief Administrative Law Judge Paul Luckern has stepped down from his position after 27 years of service. This departure is notable as Luckern presided over the patent complaint filed by Kodak against Apple. In January, Luckern issued an initial ruling that Apple did not infringe on Kodak's patent for image preview. This early win for Apple was surprising as Kodak had collected over US$900 million from LG and Samsung in licensing fees for this same image preview patent. The final decision on this complaint has been delayed twice and is now scheduled for the end of August. With the departure of the presiding judge, the outcome of this case is uncertain and could swing in favor of Kodak. Such a reversal would be a huge win for the imaging company as licensing fees from this complaint could climb as high as $1 billion.
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.
Personal Audio sues Apple again, targets iPhone 4, iPad 2 and newer iPods
Thought the Personal Audio / Apple brouhaha was over? Think again, because everyone's favorite patent licensing company is back, hitting Cupertino with another suit. You'll recall an earlier ruling by a federal jury in Eastern Texas found the CE maker guilty of infringing upon PA's playlist-related IP with an assortment of older iPods. This new filing alleges that newer Apple devices, like the iPhone 4, iPad 2 and modern day iPods -- which weren't part of the original 2009 case -- also violate that same IP, in a move we'd surmise serves to pad Personal Audio's coffers. Not like Apple's apt to feel the pinch should Personal Audio snag another victory, but hey....
Apple expands patent complaint against Samsung to include more devices
Keeping track of all accusations flying back and forth in the ongoing patent brouhaha between Apple and Samsung? Then we're afraid you'll have to update your scorecards again, as Apple has now amended its complaint with some even stronger language than before, and broadened the scope of the devices involved in the suit. According to Apple, the Droid Charge, Infuse 4G, Nexus S 4G, Galaxy Tab 10.1, Galaxy S II and a handful of other Samsung devices are all also infringing on the patents in question, which now total eight in all (two previously included have been thrown out, but three new ones have been added). As for that stronger language, Apple's now saying that Samsung "has been even bolder" than other competitors in copying its products, and that it's created "products that blatantly imitate the appearance of Apple's products to capitalize on Apple's success." Hit the source link below for FOSS Patents' complete breakdown of the amendment. [Thanks, Fayez]
US DOJ greenlights Google's $900 million bid for Nortel patents; Apple, RIM also interested
It looks like Google will be able to bid on Nortel's patent portfolio after all, now that the Department of Justice has weighed in on the matter. According to the Wall Street Journal, El Goog's $900 million bid has passed a governmental antitrust review, just a few days ahead of next week's auction. Rivals like Microsoft, AT&T and Verizon had previously filed complaints with the DOJ, arguing that the sale of Nortel's 6,000 patents would give an unfair advantage to the auction's winner by providing it with a fresh arsenal for patent-infringement lawsuits. Google, however, claims it needs the portfolio to defend itself against legal challenges, since it has comparatively few patents to its name. The DOJ apparently sees nothing illegal with this argument, having determined that singular ownership of Nortel's intellectual property would pose no threat to market competition. This is obviously music to Google's ears, but the battle isn't over yet. Sources tell the Journal that both RIM and Apple are interested in filing their own bids for the patents, and have already begun discussing the matter with the Justice Department. None of the companies involved have commented on the story, but it'll all go down on June 20th, when the auction finally gets underway.
Apple files motion to intervene in Lodsys patent lawsuit
Apple's already made its position on the whole Lodsys situation pretty clear, and it's now taken things one step further after the patent holder hit iOS developers with a lawsuit at the end of last month. As noted by Florian Mueller of FOSS Patents, Apple has filed a motion to intervene in the case, and he says Apple is "fairly likely" to be admitted as an intervener based on precedent. In the case that happens, Apple has also concurrently filed its answer to the complaint and its counterclaim, which unsurprisingly line up with its earlier position on the matter: that Apple has already licensed the patents in question on the developers' behalf, and that they are "entitled to use this technology free from any infringement claims by Lodsys." Hit the source link below for the complete filing, along with FOSS Patents' analysis of it.
Google ordered to pay $5 million in Linux patent infringement suit (updated)
An East Texas jury recently awarded a relatively small computer firm patent troll a pretty hefty settlement (in you and me dollars) in a patent infringement suit that named Google, Yahoo, Amazon, AOL, and Myspace as defendants. The jury awarded Bedrock Computer Technologies LLC $5 million for a patent concerning the Linux kernel found in the software behind Google's servers. The patent in question is described as a "method and apparatus for information storage and retrieval using a hashing technique with external chaining and on-the-fly removal of expired data." It appears Google is the first of the defendants to face a judgement, but we have a feeling this decision might have set a precedent. Of course, no infringement suit would be complete without a healthy helping of appeals -- and considering the decision came from a district court, we can almost guarantee this case is no exception. You didn't expect the big guys to stay down for the count, did you? Update: As it turns out, the plaintiff in question here, Bedrock Computer Technologies, is actually owned by David Garrod, a lawyer and patent reform activist. Ars Technica profiled Garrod following the initial suit, pointing to the clear contradiction between his trolling and reform efforts. What's more, Bedrock sued Google and the rest of the defendants in June 2009. Just six months later, Bedrock was back in the courtroom, but this time it was on the receiving end. Red Hat, the company supplying the OS behind Google's search engine services, was suing Bedrock for patent invalidity.
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!
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.
Intellectual Ventures begins tech patent offensive, files three lawsuits against nine companies
We've always wondered why former Microsoft CTO Nathan Mhyrvold was stockpiling patents at his new company Intellectual Ventures, and it looks like we're starting to find out why: in addition to licensing the entire portfolio to HTC and Samsung, IV's just filed its first three patent lawsuits against nine tech companies. Details are sparse, but the first suit is against Symantec, McAfeee, Trend Micro, and Check Point Software, the second names Elpida Memory and Hynix, and the third is against Altera, Lattice Semiconductor, and Microsemi. We'd assume the patents in question are all super-technical in nature, but it's really not the specifics we're interested in -- it's more the fact that IV is starting to flex some muscle in the tech world, and that means a lot of money could change hands real fast. We'll see what happens.
Dispute over Square card reader patent gets litigious
As folks who follow such things may be aware, there's been some dispute over the origin of Square's card reader technology more or less since the company (led by Twitter's Jack Dorsey) went public with it last year. That dispute has now gotten even more contentious, however, with Square and its chairman, James McKelvey, taking aim at REM Holdings and Robert Morley, who actually holds the patent to the technology. The key issue is that McKelvey is not listed as one of the inventors in the patent, despite claims that he was the one that actually conceived the idea in a "flash of inventive insight," and that he and Morley worked together to develop the idea (and later discussed obtaining patent protection with Jack Dorsey). And that's pretty much where things stand at the moment -- Square is requesting a court order to add McKelvey as a co-inventor on the patent, but there's no indication as to when or if that will happen.
Motorola slaps Microsoft with a pair of patent infringement lawsuits, says it's such a shame
Looks like Motorola's about to fight a legal battle on two fronts -- Apple on one hand, and Microsoft on the other. Microsoft fired the first shot last month with a nine-patent ITC complaint and a second salvo alleging that Motorola was charging unfair licensing fees for 802.11 WiFi and H.264 video last week, it's now Moto's turn to retaliate with a pair of legal complaints. The cellular company now claims that Redmond's infringing a total of sixteen patents with everything from Microsoft Exchange to Bing Maps to the Windows operating system itself -- as well as the aforementioned video codecs and wireless tech, of course. Moto's also determined to rub a little salt in the wound, it seems, as the company just pushed out a press release with the following statement: "It is unfortunate that Microsoft has chosen the litigation path rather than entering into comprehensive licensing negotiations, as Motorola has mutually beneficial licensing relationships with the great majority of technology companies industry-wide." PR after the break.
NTP awakes, sues Apple, Microsoft, Google, HTC, LG, and Motorola over wireless email patents
Remember NTP? The tiny company with a portfolio of patents on wireless email technology that wrung a $612 million settlement out of RIM in 2006 after years of litigation? Well, get ready to fall in love all over again, because the company just sued Apple, Google, Microsoft, HTC, LG, and Motorola for the same thing. Given the company's protracted history defending its patent portfolio -- the RIM case alone took nearly five years and ultimately involved USPTO re-examining several patents, rejecting some and then ultimately declaring some others valid in 2009 -- we can't see any of this ending quickly or easily, especially with such formidable adversaries aligned as defendants. In particular, we'd note that Apple and Microsoft have a long history of cooperation and cross-licensing in the patent space, so we're sure their lawyers are ready to party down in lawsuit town, and adding Google, Motorola, HTC, and LG to the mix isn't going to make any of this easier for NTP. We'll see what happens -- this one's going to be long and messy. PR after the break.
HTC files patent complaint against Apple, asks for ban on iPhone, iPad, and iPod
We'd been wondering how and when HTC would respond to Apple's patent lawsuit, and here we go: the Taiwanese phone manufacturer just filed a complaint with the International Trade Commission, asking for importation and sales of the iPhone, iPad, and iPod be halted due to alleged infringement of five patents. ITC complaints like this are pretty familiar territory -- you'll recall that Nokia and Apple have both asked for similar bans in their lawsuit against each other -- but the interesting wrinkle here is that HTC apparently hasn't filed a corresponding federal lawsuit. We'll see if that's the next step for HTC down the line -- for now, we're digging into what patents are involved in the ITC complaint, so stay tuned. Update: Gizmodo says it has a list of the patents in question, but the actual complaint hasn't hit the ITC database yet, so we can't confirm anything, and we don't know what's being pled with any specificity. We'll let you know when that happens.
Nintendo escapes patent troll in appeals court -- thanks to Sony
About, oh -- four years ago -- a little Texas company called Anascape sued Nintendo and Microsoft for ostensibly violating its controller patents. Microsoft settled. Nintendo didn't. Anascape won. One $21 million judgment, two years and countless legal bills later, Nintendo has finally emerged victorious over the patent troll. This week, a Federal Circuit Court overturned two earlier decisions, ruling that Nintendo's GameCube, WaveBird and Wii Classic Controllers don't violate Anascape's six-degrees-of-freedom patent, because Anascape only added that 6DOF claim to its patent in 2000... making Sony's original DualShock controller -- released in 1998 -- prior art. Game, set, match.