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TWC sues AT&T in Texas, claims it damaged equipment when deploying U-verse
Whoa boy, this could get nasty. Cable giant Time Warner Cable has brought out the legal team against rival AT&T in Western Texas, where it alleges that the latter company "destroyed and misappropriated cable company equipment when it rolled out its U-verse video service." By way of "sheer acts of vandalism, trespass, conversion and misappropriation of Time Warner's property," TWC says that AT&T actually marred some of its network, though spokespeople for both outfits didn't really have anything juicy to say on the matter. Analysts in the space have been quick to point out that these type lawsuits have been common for the better part of a decade, and in 2006, AT&T actually sued Time Warner Cable as it alleged that "its technicians illegally damaged its network when hooking up phone customers in apartment buildings." Wouldn't the world be a better place without this litigation and with lower prices for all? We say "yes." [Disclosure: Engadget is part of the Time Warner family][Via Broadband Reports, thanks Anthony]
Samsung settles up with InterDigital in long-running patent infringement case
At last, it's over. InterDigital, which is best known for its episodes in the courtroom with Samsung and Nokia, has finally reached an agreement with the former firm. The two have been at each other's throats since April of last year regarding patents allegedly used in some of Sammy's more sophisticated phones. The decision was reached just a day before the US International Trade Commission was set to rule on whether to recommend barring affected Samsung imports altogether, which we can assure you was not at all coincidental. There's been no public disclosure of settlement value, though one analyst at Hilliard Lyons estimates that Samsung will be coughing up $400 to $500 million over the next five years to make this problem go away. Talk about a recurring nightmare.
Psystar gets countersuit dismissed, case heats up
Yesterday brought about a bit of disappointing news for Mac-clone maker Psystar. Ars Technica is reporting that Psystar's countersuit, which alleged that Apple violated an anti-trust act by tying their operating system to hardware, was thrown out of court. US District Judge William Alsup made the decision, stating that Apple did not, in fact, violate the Sherman Antitrust Act, Clayton Act, or Cartwright Act.AppleInsider notes that crucial to Psystar's claim was the definition of the "Mac OS Market." Judge Alsup agreed with Apple's right to sell their OS to their customers with the understanding that it may only be used with their hardware.Last month, Apple and Psystar were ordered to undergo "private arbitration and mediation" by the court. As far as we know, Apple still has a case against Psystar for violating the shrink wrap license and trademarks. Apple has also alleged copyright infringement.It would appear that Apple has the upper hand at the present time, but it looks like we'll have to wait a bit longer to find out the final verdict.[via Ars Technica]
Sprint now facing $1.2 billion class-action suit over early termination fees
We told you it wasn't over, and now, that once "manageable" $73 million payment could possibly balloon to upwards of $1.2 billion. As predicted, the prior suit -- which was held in a California state court -- has led to a far reaching class-action lawsuit that could "potentially cost the company as much as $1.2 billion." The suit alleges that the $150 to $200 fees violated the Federal Communications Act and laws in every state of the country, and when summed from 1999 to 2008, they total a magical $1.2 billion. Things aren't looking great for Sprint on this one either, as lawyer Scott Bursor is running the show. Who's he? Just a guy who was involved in getting Verizon to fork over $21 million for the same thing earlier this year.[Via textually]
Pioneer wins plasma patent case over Samsung, awarded $59.3 million
Pioneer may be licking its wounds, but at least there's one bright spot on an otherwise dark end-of-year. The US District Court for the Eastern District of Texas in Marshall (read: patent troll heaven) recently found that "Samsung willfully infringed two Pioneer patents covering plasma display technology," leading to a settlement which involves Samsung handing Pioneer a check for $59,351,480. Samsung has yet to comment on the ruling, but it's pretty easy to imagine what it's probably thinking, wouldn't you say?[Via SmartHouse, thanks Anthony]
Verizon caves, settles Klausner visual voicemail suit by signing license
We figured back in August that Verizon (and LG) would eventually be forced to pay up in order to keep visual voicemail on its handsets, and sure enough, that's exactly what has gone down with the former company. Verizon and Klausner Technologies have quickly settled outstanding patent litigation by way of Verizon entering into a patent license agreement for using visual voicemail. To date, Verizon is the 15th company to ink such an agreement, ensuring that the suits at Klausner can remain firmly parked in Grand Cayman, Aruba, Maui or any other blissful location they please for the remainder of their Earthly lives. As for LG? We'd say the outcome is all but imminent at this point.[Via phonescoop, image courtesy of MyDigitalLife]
Apple and Psystar to settle things with alternative dispute resolution, not tridents and hatchets
As much as we were hoping to see Steve Jobs and... well, anyone from Psystar settle things in the squared circle, we suppose we'll have to live with a much more peaceful end to this madness. Rather than spending wads of cash on lawyers for no good reason, the two outfits have agreed to use alternative dispute resolution in order to wrap this scuffle up and move forward. As you may know, ADR is a private process where both parties meet outside of a trial in order to reach some sort of agreement, though we imagine the outcome will be pretty public depending on Psystar's ability / inability to continue fulfilling orders. We're told that the process will get going before February of 2009, and the full fling (PDF) with the US district court in the Northern District of California is linked below if you've suddenly found yourself with entirely too much free time.[Via The Mac Observer]
HAL robotic suit rental is ready for Tony Stark wannabes, the elderly
If you'll recall, Tsukuba University professor Yoshiyuki Sankai designed a robotic suit called HAL-5 a few years ago. Production of this handicap-overcomer began back in 2006, and as promised, manufacturer Cyberdyne (not to be confused with Cyberdyne Systems, best known for its genocidal Skynet AI and army of Terminator robots) is finally ready to crank it out in large numbers. Starting this Friday, HAL will be available for rent in Japan at the modest rate of $2,200 per month. Sankai hopes it will prove useful to the elderly and folks with disabilities by providing super-strength mechanical assistance when they send brain signals to move their limbs. HAL may be used for good but it won't be used for awesome; Sankai has turned down military-types who've expressed interest.[Thanks, Evan]
NVIDIA details settlement for price fixing fiasco
Way back in December of 2006, NVIDIA and AMD were both pegged for potential price fixing, and nearly two years later it seems it'll finally be paying the piper. A settlement agreement is detailed in a recently filed 8-K form, which asserts that NVIDIA would pay $850,000 into a total fund of up to $1.7 million, with AMD / ATI probably left to make up the rest. Of note, the 8-K filing does mention that all of this is still "subject to court approval," but it's likely that the green light will eventually be given. Outside of that, we're also informed that NVIDIA will be handing over $112,500 to the individual plaintiffs who brought the case to court. Well, we're glad that's settled.[Via CustomPC]
US Appeals court sez Qualcomm infringed on two Broadcom patents
We could start off by telling you just how much this decision will hurt Qualcomm and just how celebratory the mood must be at Broadcom, but instead, we'll key you in on this quote: "The appeals court also rejected Qualcomm's request for a new trial." At long last, we may have actually heard the end of what has seemed like a never-ending battle between the aforementioned parties. Today, a US Appeals court upheld an earlier ruling that Qualcomm had indeed infringed upon two Broadcom patents while ruling that a third patent in question was invalid. The ruling is obviously a huge win for Broadcom, who will soon be bathing in Benjamins as Qualcomm is forced to pay mandatory royalties for the chips it sells during the "sunset period" ending January 31, 2009.[Via Reuters]
Timberland and GSI cough up $7 million to settle text spam lawsuit
Not that we haven't seen victories over SMS spammers before, but this one is sure catching a lot of attention due to the names attached. GSI Commerce and Timberland have reportedly agreed to "establish a fund of up to $7 million to settle a class-action lawsuit brought against them for allegedly sending unsolicited text messages to wireless telephone users in violation of the Telephone Consumer Protection Act." The settlement has already received preliminary approval from a judge in the US District Court for the Northern District of Illinois Eastern Division, and while the aforementioned firms vehemently deny any wrongdoing, they concede that taking this to court would be "burdensome, protracted and expensive." More expensive than $7 million? Is that guilt we smell, or what?[Via mocoNews]
Psystar countersues Apple
The Psystar saga continues. Back in April, Psystar went public with the first commercial Hackintosh clones. For US$554, they'd send you a Core 2 Duo minitower with Mac OS X preinstalled. In June, they released rack-mount servers with Leopard Server preinstalled in both 1U (starting $1599) and 2U (starting $1999) configurations. Last July, the inevitable happened and Apple filed a lawsuit against Psystar citing copyright infringement, and demanded that they recall all machines. Psystar responded by acquiring legal representation from Carr & Ferrell, who previously settled with Apple in another case. Still with us? Good. This week, Psystar seems to be preparing to countersue Apple, citing anticompetitive business practices. Specifically, the suit alleges that Apple's practice of restricting OS X to Apple hardware is "...an anticompetitive restraint of trade."We think that's a stretch, but this story sure is fun to follow. We'll keep you updated as soon as anything changes. If you want a claim-by-claim breakdown of Apple's suit against Psystar, check out Nilay Patel's full accounting over at Engadget.[Via Electronista]
Charter ruffling feathers in Reno, NV / McDowell, NC
Why does it seem that Charter, out of all the cable carriers in the world, finds itself intertwined with so much mischief? The latest forehead-pounding episode is actually a two-fer, with gripes arising from Reno, Nevada and a rural section of North Carolina. In the Silver State, Charter is apparently looking to pull four public access channels to retrieve bandwidth for the launch of 12 new digital channels. The company's George Jostlin proclaims that the "majority of consumers are calling it on a daily basis and asking for more HD / digital programming," but the City of Reno has announced its intentions to sue the provider if an agreement can't be reached on the matter by next Wednesday. Across the country in McDowell County, NC, Charter is catching flack for wanting to strip Marion of its information channel (and combine it with the county's government channel) in order to add three HD stations. We like the intentions here, but seriously, you folks should work on the execution. [Thanks PopWeaverHDTV, image courtesy of TSLPL]Read - Issues in RenoRead - Stirring the pot in rural NC
Digital Security Systems files patent infringement suit against major Blu-ray players
We've witnessed a few lawsuits related to Blu-ray, but this is the first one we can recall that perfectly fits the "patent troll" mold. The Patent Prospector has it that Acacia subsidiary Digital Security Systems is suing a smorgasbord of big BD players for infringing on a patent that it has held for years. Defendants named include Samsung, Best Buy, Denon, Funai, LG, Matsushita, Panasonic, Philips, Pioneer, and Sharp, though details beyond that are sadly scant. Oh, and if you're wondering where the complaint was filed, it was in the infamous Eastern District of Texas.[Via FormatWarCentral]
Defcon duo: how-to shut off a pacemaker, almost get free rides on the T
Defcon already delivered by exposing California's FasTrak toll system for the security hole that it is, but that's not nearly all that's emerging from the Las Vegas exploitation conference. For starters, a plethora of medical device security researchers have purportedly figured out a way to wirelessly control pacemakers, theoretically allowing those with the proper equipment to "induce the test mode, drain the device battery and turn off therapies." Of course, it's not (quite) as simple as just buzzing a remote and putting someone six feet under, but it's a threat worth paying attention to. In related news, a trio of MIT students who were scheduled to give a speech on how to hack CharlieCards to get free rides on Boston's T subway were stifled by a temporary restraining order that the Massachusetts Bay Transit Authority snagged just before the expo. Don't lie, you're intrigued -- hit up the links below for all the nitty-gritty.Update: MIT published the Defcon presentation in a PDF.Read - Pacemaker hackRead - Massachusetts Bay Transit Authority sues MIT hackersRead - Restraining order on said hackers
NVIDIA pays Transmeta $25 million for LongRun technology
A select bunch of Transmeta investors may not completely agree with how the outfit is being managed, but one thing's for sure: it's bringing in some serious coin on this deal. During a brief timeout from counting those stacks of Benjamins handed over by Intel, it decided to license its Long Run and LongRun 2 technologies (among "other intellectual property") to NVIDIA for a cool $25 million. Additionally, the agreement grants NVIDIA a "non-exclusive and fully paid-up license" to all of Transmeta's patents and patent applications. Unfortunately, it's still unclear how exactly this will end up affecting NVIDIA fanboys (and girls), but we'll go out on a limb and suggest that a mobile GTX 280 with a remarkably low power draw is just around the bend.[Via SlashGear]
AOKI's deodorizing suits keep you so fresh, so clean (clean)
We're not even going to front -- some seriously bizarre air conditioning-related gizmos have emerged from the great nation of Japan. The latest concoction to deal with heat wave side effects actually has nothing to do with keeping folks cool; rather, AOKI's deodorant suits are designed to keep businessmen suffering from Hyperhidrosis adequately fresh. Most of the details are lost in (machine) translation, but all you need to know is that these outfits "suck out the smell of sweat using a silver ion." Yeah, that's totally worth the ¥61,950 ($575) asking price.[Via CrunchGear, image courtesy of ListVerse]
Psystar fights back, hires attorney
The Apple vs. Psystar battle continues to heat up as Psystar has hired a "well-known" attorney to handle the case. Attorneys at Carr & Ferrell (who won settled the 2006 burst.com lawsuit against Apple) have filled for an extension to the suit, which gives Psystar until August 18th to make a reply to Apple. Both Apple and Psystar agreed to the extension. You may recall that Apple filed the lawsuit in a California court earlier this month, and later demanded that Psystar issue a recall for the Mac clones. When Apple filed the suit, they claimed that Psystar had violated their license agreement and committed copyright infringement by shipping "hackintosh" PCs with Mac OS X 10.5 Leopard.[via ComputerWorld]
Potential flash cart ban helps R4 sales
Chalk this one up to "we saw this coming," but the troubled waters that flash carts have found themselves in has led to an increase in R4 sales.Nintendo and fifty-three other companies are filing a suit against retailers selling flash carts, demanding that they stop the sales and imports of said cards. According to Kotaku, Japanese retailers in Akihabara are noticing a difference in demand for flash cards already. Regarding the R4, one staffer noted, "The rush in demand has been amazing. These devices always sell well. But this weekend should be staggering, don't you think?" Amazon.jp has also seen a rise in cart sales, which is to be expected.We're sure Nintendo foresaw the immediate panic following the company's announcement, and that's the risk they decided to take -- watching things get worse before they get better. If Nintendo and the others win the suit, though, it will likely be worth their while in the end.[Thanks, supa_s!]
Nintendo sued over DS touchscreen patent
When it comes to controller design, there truly is nothing new under the sun. You don't have to tell that to Nintendo -- the company has been sued (with varying success) over existing patents allegedly relating to the Wii Remote, the Gamecube controller and, uh, the Wii Remote again. Now, GamePolitics is reporting Nintendo is facing another lawsuit over the DS touchscreen.In his complaint, John R. Martin alleges that the Nintendo DS infringes on his 2003-filed patent for a "Method for Operating an Electronic Machine Using a Pointing Device," (pictured above) which describes, among other things, a touchscreen input system. Nintendo, for its part, formally responded to the charges (PDF link) by saying it does not infringe on the patents, that Martin's ideas are unpatentable, and that the company is protected by something called the "doctrine of prosecution history estoppel." So there!We're not patent lawyers, but Martin's patent doesn't seem to offer much improvement over the 1993 touchscreen patents he himself references. Still, he'll have his day in court, and we'll be sure to let you know what happens once that day is done.