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When good toys go bad VII: Mattel facing lawsuit from recalled cars
While Mattel has been on a roll of late with swank new toys, the firm has apparently hit a rough patch after being forced to recall "millions of toys including 436,000 die-cast cars." The wee roadsters purportedly "contained excessive amounts of lead," and now a class action lawsuit has been filed that aims to force the firm to "pay for the testing of children who might have gotten lead poisoning from the toys." Reportedly, representatives from Mattel were unavailable to comment, but the outfit's CEO has stated that "the company's more aggressive testing methods to uncover tainted toys may lead to more recalls" in the future.
Another lawsuit claims Apple, AT&T weren't forthright about iPhone batteries
Apple and its batteries just can't seem to catch a break, eh? This go 'round, Sydney Leung has filed a class-action complaint that reportedly accuses "both Apple and AT&T of fraud in neglecting to inform potential iPhone buyers of the costs involved in maintaining a working battery for the iPhone over the course of the handset's lifespan." The angered individual and his legal team are purporting that the iPhone's battery "lasts only 300 complete charges before depleting entirely," and also argue that Apple and AT&T didn't address this issue until after customers had made their purchase. Of course, Apple specs show that the battery in question is designed to hold a full charge for between 300 and 400 cycles, while still holding a majority of that charge afterwards, so unless Mr. Leung's (and a few others, too) battery mysteriously conked out after that oh-so-critical 300th charge, we're failing to see what ground he's standing on.
US appellate court upholds order blocking DirecTV ads
The seesaw match between DirecTV and Time Warner (parent company of AOL, which owns Engadget) over those blasted "superior HD" spots has reached another milestone, as a US appeals court has "upheld a lower court's decision that prohibits the satellite television operator from airing advertisements that claim superior service in markets where Time Warner Cable operates." Notably, the Court of Appeals for the Second Circuit did, however, "set aside part of the lower court's order, saying the way it had been worded could be construed to prohibit the unfavorable comparison of even Time Warner Cable's analog programming." Ah well, it's not like those ads were exceedingly enthralling to begin with, right?
Sharp slaps Samsung with LCD patent infringement lawsuit
As if the cutthroat price wars in the LCD space weren't demanding enough, Samsung is now being forced to attend to a lawsuit that Sharp just filed over LCD patent infringement. Reportedly, Sharp is seeking "compensation as well as the prohibition of sales of products that it alleges infringe five of its LCD patents, including one that relates to technology used to enhance display quality." The products in question include Samsung televisions and monitors as well as mobile handsets that feature Samsung's LCD modules. Unsurprisingly, Samsung refused to comment on pending litigation, but a Sharp spokeswoman went so far as to say that it had "been in talks with Samsung, but it appeared difficult to solve the matter through negotiations," which apparently led to a lawsuit being filed. So much for talking things out, eh?
Sony and 3M settle intellectual property dispute
The bickering that boiled over into a patent dispute earlier this year between 3M and Sony has finally ceased, but it seems like Lenovo and friends may actually still be fighting their own battles with the innovative giant. Nevertheless, Sony Corporation and Sony Electronics are now "licensed sources of batteries containing 3M's cathode technology," and while specific terms of the settlement shall remain confidential, we're sure it was no small sum that Sony was asked required to pay out. One down, several to go.
Intel responds to EU charges, deems actions 'beneficial' to consumers
Shortly after the European Commission issued a Statement of Objections against Intel asseverating that it used unfair and unlawful tactics against AMD, Intel has fired back a statement of its own in response. Put simply, Intel declared that it is "confident that the microprocessor market segment is functioning normally and that Intel's conduct has been lawful, pro-competitive, and beneficial to consumers." Furthermore, the company noted that while it would "certainly have preferred to avoid the cost and inconvenience of establishing that its competitive conduct in Europe has been lawful, the Commission's decision to issue a Statement of Objections means that at last Intel will have the opportunity to hear and respond to the allegations made by our primary competitor." Notably, the chip giant even mentions that the case is actually "based on complaints from a direct competitor rather than customers or consumers," and concludes by suggesting that when "competitors perform and execute, the market rewards them." Settle in folks, this one has just begun.[Via TheRegister]
European Commission issues antitrust charges against Intel
Well they've been sniffing around the chip giant for quite some time now, but the European Commission has finally issued "formal charges against Intel for allegedly using illegal tactics against smaller rival Advanced Micro Devices," and according to a spokesperson for the EC, "the statement of objections has been sent." Supposedly, the EU's top antitrust regulator "has spent years investigating Intel's tactics to determine whether it acted unfairly to preserve its dominance over AMD," and now the time has finally come for the hammer to drop. Sadly, further details about the grievances have yet to be divulged, but we doubt Intel, who declined to comment on the situation, will be brushing this off its shoulders anytime soon.
Judge favors Microsoft over Google in search polemic
While it'd be easy for Judge Colleen Kollar-Kotelly's deferment to be an end-all solution to the recent Google vs. Microsoft spat, we're inclined to believe that Google hasn't had its last word just yet. As it stands, the judge in charge has reportedly said that "she will likely defer to an agreement on desktop search forged between Microsoft and the plaintiffs in the US government's antitrust lawsuit against the software vendor instead of responding to a complaint from rival Google," and further explained that she didn't consider Google to "be a party in this case." Unfortunately, that's about all we've heard at the moment-- but stay tuned, this one's bound to go a few more rounds before the dust settles.
Amp'd regains connectivity, drops lawsuit against Verizon
Apparently, it would just be far too easy for Amp'd to bow out of the fledgling MVNO realm after filing for bankruptcy, as the company has recently reached an agreement with Verizon Wireless that enables it to use The Network in exchange for Amp'd dropping its lawsuit. The suit was reportedly filed after Verizon moved to kick the Los Angeles-based Amp'd off its network, but we can't exactly blame Verizon for being quite perturbed after not receiving $33 million in payments. Of course, we're sure this spat is far from finished, but the case will press on next week while Amp'd customers can once again intrepidly chat away on Verizon's equipment -- for the time being, at least.[Via mocoNews]
Nokia fires off another patent suit in Qualcomm's direction
If you've been a bit disappointed by Nokia's offerings of late, it's probably because the firm is shifting out of the cellphone industry and into the legal environment. Okay, so maybe it hasn't called it quits in the handset game just yet, but this ongoing battle with Qualcomm is beyond ridiculous. Before Qualcomm even had time to swallow the previous counter-suit filed against it, Nokia is firing away again, and this time it's claiming that its opponent "has illegally used six of its technology patents in its Brew smartphone and MediaFlo mobile TV chipset products." Additionally, Nokia's CTO got vocal by stating that this case was just "another example where Qualcomm has effectively copied Nokia's innovations." While we're sure it's getting difficult to decipher which counter-lawsuit belongs to which original grievance, this particular one apparently links to an April 2nd filing where Qualcomm "claimed that Nokia had infringed three patents." C'mon folks, why not settle this like they do in the Alabama State Senate? [Warning: Read link requires subscription][Via Yahoo]
Stubborn ex-customer takes Gateway to court for defective PC
"Me against the world" has taken on a whole new meaning for high school dropout Dennis Sheehan, who has taken Gateway to small claims court in a completely bizarre catch 22-laden case. Apparently, the now 46-year old Sheehan took his stubbornness out on the corporation who sent him a computer that "displayed scattered graphics" fresh out of the box. After the company purportedly refused to remedy the issue, the two have ended up in court where Gateway claimed that clicking through the EULA upon bootup eliminated his right to even sue; au contraire, claimed Sheehan, who explained that the malfunctioning PC wasn't even able to render the text and allow him the opportunity to read it. Interestingly enough, a tentative ruling on May 24th sided with the plantiff and maintained that the case would stay in small claims court, but it looks like finality is still a good ways off for the perturbed ex-customer.[Thanks, Mike]
MLB backs off of Sling -- a little
Major League Baseball may not be happy about Sling Media enabling fans to stream out of market baseball games over the internet, but it is apparently backing off of plans to sue the company into oblivion, RIAA-style. Bob Bowman, president of Major League Baseball Advanced Media said in an interview that winning could be done with "good technology and good content, not lawyers". Following up on its decision not to freeze cable customers out of its Extra Innings package, baseball's new strategy seems to lean towards not irritating its best customers. While we're intrigued by their ideas, we're not subscribing to the newsletter -- yet.[Warning: subscription req'd for link]
Qualcomm pays out $19.6 million to Broadcom in patent suit
Looks like the pockets of Qualcomm are going to be about $19.6 million lighter real soon, as a federal jury in Santa Ana, California returned verdicts that found "certain Qualcomm products" infringing on three patents owned by Broadcom Corporation. The lawsuit was originally filed way back in May of 2005 and alleged that five of its patents had been violated, but during the course of the trials, Broadcom ditched one of the claims while the court stayed the case with respect to a second. Notably, none of the patents that were infringed upon were "developed specifically in connection with cellular technology or standards," but the seemingly willful wrongdoing will indeed cost Qualcomm just shy of $20 million -- that is, until a trial judge mulls this thing over and determines if the firm should face any additional financial punishment "based on the finding of willfulness."
NVIDIA faces barrage of civil lawsuits
Those price fixing allegations that AMD and NVIDIA were facing late last year may have vanished from the forefront of your memory, but you can rest assured that the legal teams connected to the two are still workin' overtime to clean things up. Apparently, NVIDIA has been slapped with as many as 51 civil complaints over "price fixing and anti-competitive agreements, among other things," and on its March 16th filing with the SEC, the firm states that "42 civil complaints as of March 14 were filed against it on the same allegations." Notably, the outfit did state that the "lawsuits are putative class-actions," and unsurprisingly felt that they were all lacking merit and would be fought vigorously. Tsk, Tsk.[Via Gearlog]
Major League Baseball still barking up Sling Media's tree
While some broadcasters are actually utilizing the Slingbox and appreciating its benefits, leave it to Major League Baseball to further alienate its dwindling fanbase. After cable customers were just barely able to get back in on the Extra Innings love, it appears that Sling Media is still being blacklisted in the eyes of MLB, as a recent interview with Michael Mellis, Senior VP and general counsel of MLB Advanced Media's offices reinforced the friction between the two. Most recently, Mellis and friends seem to be mulling a lawsuit against Sling, as he claims that the Slingbox "allows viewers to circumvent geographical boundaries written into broadcast rights deals," and moreover, had no shame in admitting that profiteering was at the forefront of their minds by suggesting that "if the league can't protect the rights it sells, that doesn't bode well for future contracts when it wants to resell the rights at higher margins." Reportedly, the CEA has indeed come to Sling's side by proclaiming that this case is a "classic instance of copyright owners trying to suppress innovation purely because it empowers consumers." Of course, we hope you don't let Mellis' words get you too riled up -- after all, he also stated that "there's no guarantee that Slingbox would be around next year as it's just a startup." Let the snickering commence.[Via CNET]
Best Buy sued over shady intranet site
Tsk, tsk. Looks like Best Buy will indeed be paying up for the misdeeds involving that dodgy intranet we saw a few months back. Connecticut's attorney general announced a lawsuit against the big box retailer and accused it of "deceiving customers with in-store computer kiosks and overcharging them." Attorney General Richard Blumenthal was quoted as saying that the store "gave consumers the worst deal with a bait-and-switch-plus scheme luring consumers into stores with promised online discounts, only to charge higher in-store prices." The suit seeks "refunds for consumers, civil penalties, court costs, a ban on the practice, and other remedies," and while Best Buy spokespersons are vigorously denying the allegations, Connecticut's consumer protection commissioner even said that there was "certainly an element of deception here." Reportedly, the in-store kiosks were somehow an "alternate way to get information about products," but when that information ends up costing your customers more than they should be paying, we doubt the judge will look kindly upon it.
Target Technology sues Sony for Blu-ray-related patent infringement
As if Sony's legal team hasn't dealt with enough this year already, they're getting dialed up yet again for alleged patent infringement, and this time the California-based Target Technology Company is the one pointing the finger. Apparently, the firm is suing several segments of Sony for "deliberately and willfully" infringing on a patent that Target was granted in 2006. The plaintiff claims that products "marketed under the Blu-ray name infringed on a patent for reflective layer materials in optical discs," and more explicitly, "specific types of silver-based alloys with the advantages (but not the price) of gold." The suit was actually filed as an "intellectual property" matter rather than one of chemical imbalances, and while Target Technology is purportedly seeking a "permanent injunction preventing Sony from violating its patent rights in the future, as well as damages with interest," we won't be surprised if a sizable check from Sony's wallet makes this all disappear.[Via GameSpot, thanks Evan]
AT&T gets green flag to rebrand Burton's NASCAR ride
We know that there's another grueling week to survive between now and the Coca-Cola 600, but here's a NASCAR tidbit that will hopefully satisfy your Sunday desire for a little roundtrack action. AT&T has been given the green flag to rebrand Jeff Burton's (very orange) #31 race car after Judge Marvin H. Shoob of the US District Court, Northern District of Georgia, "granted AT&T's motion for preliminary injunction in its suit against NASCAR." It was noted that the decision gives AT&T "the immediate right to put its logos and brand marks" on the vehicle, and while we're not certain if we'll see a slightly new look come May 27th, we're sure it won't be long before the blue sphere makes its official debut.[Via RCRNews]
DirecTV whines over HD survey results, sues Comcast for false advertising
You're probably familiar with the old adage that getting sued just isn't satisfying enough until you take someone else to court over the exact thing that you're being accused of, but even if you're not, DirecTV's here to refresh your memory. The satellite TV provider has apparently scrunched up its nose at a recent promotional advertising campaign in which Comcast claims that two-thirds of satellite customers felt "Comcast delivered a better HD image" when compared to DirecTV and Dish Network alternatives. Not believing that we oh-so-capable humans might be able to actually perceive the difference when an HD feed is somewhat crippled, DirecTV decided that the results mustn't be correct, and suggested that the "survey upon which Comcast relies does not provide or sufficiently substantiate the propositions for which Comcast cites the survey," and concludes by boldly proclaiming that all of the claims "are literally false." Of course, Comcast is standing strong behind its results for the time being, and while either party could most certainly have a case against the other, why are we using cash for HD channel expansion to pay legal teams?[Via TGDaily]
Hitachi sues LG over plasma patent infringement, tries to halt US sales
Just when Hitachi had us all believing that it was planning on reaching new heights in the plasma market thanks to a ginormous PDP set and a thirsty overseas crowd, now we're seeing the fallback plan. Of course, we can't really suggest that Hitachi's latest lawsuit on LG's (surprise, surprise) plasma displays have anything to do with the firm's dreary numbers, but it has nevertheless filed a lawsuit in the ill famed "district court in Texas" (read: patent troll heaven) saying that "the South Korean company infringed its plasma display-related patents." The suit seeks the obligatory "monetary compensation for damages," but more interesting is the tidbit that requests a "permanent injunction prohibiting LG's plasma display panel product sales in the United States." According to a Hitachi spokesperson, the two outfits had "been in talks regarding the appropriate licenses for these seven patents," but apparently, neither side is backing down anytime soon.
