suit
Latest
Kodak may sell image patent in Apple lawsuit
Kodak may sell the image previewing patent that is the subject of a US$1 billion infringement lawsuit filed against Apple and RIM. This patent is one of 1,100 patents that Kodak is looking to sell as it tries to raise cash. Analysts estimate these patents may be worth more than $650 million, the market value of the company. In the past, Kodak has used patents to fund its struggling imaging and printing business. It has licensing agreements with 32 companies including Samsung and LG which have collectively paid Kodak $950 million to use the technology in Kodak's image-preview patents. Kodak was hoping to cash in on the RIM and Apple lawsuit, but this potential influx of cash has stalled. Kodak was handed a setback earlier this year when the ITC delayed its ruling on the Apple/RIM lawsuit until August 31.
Samsung will release Galaxy Tab 10.1 in Australia despite Apple complaint
Samsung has put out a distinctly unafraid-looking statement declaring that a "Galaxy Tab 10.1 for the Australian market will be released in the near future," despite Apple's attempt to halt sales through the Aussie Federal Court. It explains that Apple's underlying patent complaints only relate to the US variant of the tablet, which Samsung had no plans to sell Down Under anyway. In a particularly emboldened finale, the missive adds that "Samsung will continue to actively defend and protect our intellectual property." That's the croc-fighting spirit.[Thanks to everyone who sent this in]
Samsung Galaxy Tab 10.1 sales halted in Australia by Apple suit
The latest twist in the on-going Apple / Samsung patent soap opera is a doozy, particularly for Android fans Down Under. Samsung will not be advertising or selling the Galaxy Tab 10.1 in Australia, at least until the Korean company gets court approval to do so -- or until the suit is resolved. Due to differences between the US and Australian versions of the Android tablet, Samsung is required to present the device to Apple at least seven days before its planned launch. Apple claims that the US version of the tablet infringes on ten of the company's patents.
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.
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....
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.
Paul Allen lawsuit against Apple and others delayed
Microsoft co-founder Paul Allen has been stymied in his attempt to sue Apple, Google and others for patent infringement. U.S. District Judge Marsha Pechman delayed proceedings so the U.S. Patent and Trademark Office can reexamine the patents in the case. The USPTO will take a closer look at the patents and decide if they were granted properly. Often when this happens, the patents will be rejected or narrowed in scope; two possible decisions that could have a major impact on the outcome of this case. This process can also be long and drawn out and will test Allen's resolve to stay committed to this case.
Wearable lab coat TV packs thousands of LEDs, heads for Burning Man (video)
Sure, we've seen iPad hats and augmented reality tattoos, but a 60-inch display suitable for hours of wear under the hot Nevada desert sun? Well that's just crazy talk. Believe it or not, a one Dave Forbes built exactly that: a 12V battery powered, 160 x 120-pixel monitor capable of displaying standard NTSC analog video from an in-pocket iPod. The result is nothing short of incredible, but when you're building a wearable lab coat-based TV with thousands of LEDs and a pair of circuit boards, features like breathability and water-wicking tend to get overlooked. Forbes spent six months creating this ultimate gadget, which is likely to make quite the colorful splash when he shows it off next month at Burning Man. But with a multi-month time commitment and $20,000 price tag, we can't help but wonder what this 'brainiac' could have come up with were he to redirect those resources towards a super-slick tech project for the masses, instead.
HTC tells Apple to try competing, rather than suing
Apple has proven, time and time again, that it is not shy about dragging its competitors before the ITC over patent disputes. And, while its fellow smartphone makers have never held back from defending themselves, HTC's general counsel Grace Lei had some particularly pointed words for Jobs and co. regarding Cupertino's latest volley of suits. In a statement Lei said that, "HTC is disappointed at Apple's constant attempts at litigations instead of competing fairly in the market." This is the second time Apple has attempted to block the import of devices from the Taiwanese manufacturer, and the purveyors of all things i are also currently on the offensive against Samsung, GetJar, and Amazon in patent and trademark disputes. At this rate the company is probably spending almost as much on legal fees as it is on the engineers and designers tasked with whipping up its next generation of mobile products.
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 coughing up $8 million to Personal Audio in iPod playlist settlement
Ah, the Eastern District of Texas. Home to tumbleweeds, free range cattle and boatloads of patent trolls. Personal Audio, a patent licensing company with a highfalutin' facility in Beaumont, Texas has become the latest outfit to claim victory over a major CE company, with Apple being asked to hand over $8 million to settle a tiff involving iPod playlists. Bloomberg reports that a federal jury in the Lonestar state found that Cupertino's iPod players infringed on patents for "downloadable playlists," right around two years after Personal Audio initially filed the claim for a staggering $84 million. We're told that the inventions cover "an audio player that can receive navigable playlists and can skip forward or backward through the downloaded list," and while Apple unsurprisingly stated that it wasn't actually using those very inventions, that hasn't stopped the courts from disagreeing just a wee bit. Now, the real question: are Sirius XM, Coby and Archos -- also named in the original suit -- going to be facing similar circumstances?
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.
Apple seeks preliminary injunction on Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1
Drama. Rather than leaving well enough alone -- at least long enough for its lawyers to properly enjoy the Independence Day weekend -- Apple has seemingly kicked its ongoing legal battle with Samsung up a notch. According to a filing discovered by FOSS Patents, the perturbed in Cupertino have filed a motion for a preliminary injunction with the US District Court for the Northern District of California. Interestingly, the motion hones in on just four devices: the Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1. It's a pretty bold move on Apple's part -- if this thing holds, and it's determined that the aforesaid products may well indeed be infringing on Apple's rights, Sammy could be forced to yank those products from US shelves within a couple of months. If it falls through, however, Apple's entire case will likely take a serious hit. We'd ponder why everyone can't just get along, but at this point, we're guessing the act of forgiveness has become a foreign concept for both parties.
Apple sues Samsung again for copying the iPhone's design, this time in South Korea
As if Apple and Samsung's patent infringement catfight weren't distracting enough, Apple is recreating the legal spectacle in Samsung's home country of South Korea. Apple just filed a suit against Samsung Electronics in Seoul Central District Court, with Cupertino alleging that the Samsung Galaxy S copies the third-generation iPhone, according to a report from the online news site, MoneyToday. That closely matches the claims Apple made when it it sued Samsung back in April for "slavishly" copying the iPhone and iPad. Since then, Apple's expanded its case to include additional Samsung devices, including the Droid Charge, Infuse 4G, Nexus S 4G, Galaxy Tab 10.1, Galaxy S II, and a handful of others. Meanwhile, Samsung has attempted (in vain) to subpoena prototypes of Apple's next-gen iPhone and iPad. We wouldn't be surprised if Samsung abandoned its efforts to peek Apple's forthcoming products, but if this is, indeed, destined to be a case of déjà vu, Samsung might well strike back with a suit of its own.
ITC delays Kodak vs. Apple and RIM decision
The ITC has announced on Thursday that a decision on RIM vs. Apple and Kodak will be delayed [PDF] by one week. It's a bit of a surprise, especially this late in the day, as ITC was supposed to make a decision today. There's no clear reason for the postponement that we could find, but FOSS Patents suggests, "This could either be due to a delay on the ITC's part or a way for the ITC to give the parties more time to negotiate a settlement." You'll remember that Kodak sued both Apple and RIM, focusing mainly a patent broadly described as an "image-preview feature in camera phones." Kodak CEO Antonio Perez told Bloomberg that the company is seeking US$1 billion.
Lodsys requests 2 months to respond to Apple (Updated)
A few weeks ago, Apple filed a motion to intervene in Lodsys' controversial lawsuit against a handful of iOS app developers. Lodsys was required to respond to Apple's request by June 27, 2011, but the company has asked for a two month extension. If a judge approves this extension, Lodsys will have until August 27 to respond to Apple's intervention request. The patent holding company affirms this extension is not a stall tactic and claims Apple agrees to this delay. If true, this motion may be approved by the judge and developers may have to sweat it out another two months. Lodsys will also be free to broaden its lawsuit by sending out letters to additional developers. This legal maneuver could put developers in a difficult position. Apple may be stalled for the next two months, while Lodsys decides what to do. Of course, Apple and Google could use this time to work out an agreement with Lodsys. In the meantime, though, Lodsys could continue to breathe down the necks of the development community. Even the most steel-nerved developers may crack under this pressure and sign a licensing agreement just to get Lodsys out of the way. Update: Lodsys refiled its request and asked for an extension of one month which the judge is likely to grant. The initial two-month extension was done by mistake. [Via The Loop]
Apple files motion to intervene in Lodsys suit
Apple has filed a motion to intervene for developers being sued by Lodsys. The motion was filed in the Eastern District of Texas and notes that the developers are: "are individuals or small entities with far fewer resources than Apple and [...] lack the technical information, ability, and incentive to adequately protect Apple's rights under its license agreement." Precedence suggests Apple will be allowed to intervene in this case. The company will likely argue that Lodsys' claims are covered by an existing licensing agreement Apple has with the firm. If Apple is successful, Lodsys would not be allowed to collect twice on the same licensed patent. It is not known whether Apple will pay for the legal costs of these developers, but it is good news that Apple is stepping in legally in this case.
Lodsys files suit against third-party App Store developers
Making good on its threats, Lodsys has filed suit today against several third-party iOS developers. According to Florian Mueller, Combay, IconFactory, Illusion Labs, Shovelmate, QuickOffice, Richard Shinerman, and Wulven Game Studios are among the developers targeted in the suit. A series of defensive blog posts on its site explains Lodsys's rationale for filing suit. "Lodsys chose to move its litigation timing to an earlier date than originally planned, in response to Apple's threat, in order to preserve its legal options." Lodsys also appears confident it will win these suits, claiming it will offer developers US$1000 if its claims aren't held up in court. Lodsys also claims that Apple's position, that App Store developers are covered because Apple has already paid licensing fees to Lodsys and developers are doing nothing more than using Apple's own APIs, does not protect developers from Lodsys pursuing claims against them. "Lodsys has sent a detailed legal position on the license interpretation issue, in writing to Apple that has been previously only verbally communicated."
Hurt Locker lawsuit targets a record-breaking 24,583 IP addresses
It's been almost a year since the producers of The Hurt Locker filed a lawsuit against 5,000 alleged pirates suspected of distributing the film via BitTorrent. Now Voltage Pictures has updated its complaint, adding almost 20,000 IP addresses to the list of defendants. That makes it the largest file-sharing lawsuit of all time -- a crown previously held by the company behind The Expendables, according to Wired. The plaintiff has already reached agreements with Charter and Verizon to identify individual users, but no such deal with Comcast, who owns nearly half the supposedly infringing addresses. Linking those addresses with user accounts would let Voltage manage individual settlements -- probably somewhere between $1,000-$2,000 -- rather than continue legal action. All of this eerily echoes the Oscar-winning film's plot, about an adrenaline junkie who couldn't resist downloading just one more movie. Or defusing one more bomb. We're a little fuzzy on the details, but venture into TorrentFreak to scan for familiar IP addresses.
