ITC bans imports of some Samsung devices pending presidential review (update: Samsung statement)

Despite that billion dollar verdict, the legal battle between Samsung and Apple continues, and the most recent happening comes from the ITC. Following up on an ITC administrative law judge’s ruling late last year finding that Samsung had infringed a few of Apple’s patented designs and tech, the Commission made its final determination today and issued a limited exclusion order for some Samsung devices. In its decision, the Commission found no violations of any of Apple’s design patents, and only found that Samsung infringed a pair of patents — patent number 7,479,949 for touchscreen technology, and patent number 7,912,501 for audio jack I/O circuitry. In doing so, the Commission stated that devices with workarounds to the asserted patents that were found not to infringe by the ALJ are not subject to the exclusion order.

As a result, offending Samsung devices are scheduled to be banned from importation after a 60-day presidential review period. During those two months, the devices can still be sold, but unless Obama steps up for Samsung in the same way he did for Apple in a separate ITC case, we won’t be seeing them stateside again. While we don’t have an exact list of the affected devices, we do know that the devices at issue are older models like the Continuum, the Transform and the Galaxy S II. So, consumers won’t feel much of an impact from the ban, but we bet Apple’s legal team will have a much more enjoyable weekend as a result of this latest win.

Update: Samsung has issued a statement on the matter, which can be found after the break

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Source: US ITC

BSkyB wins trademark case against Microsoft over SkyDrive name

BSkyB wins European trademark case against Microsoft over SkyDrive name

While many can tell the difference between Sky TV services and Microsoft’s SkyDrive cloud storage, that’s not necessarily true for everyone. A British court certainly thinks there’s room for confusion: it has ruled that SkyDrive infringes BSkyB’s trademarks on the Sky name in both the UK and the European Union. The presiding judge didn’t believe that Microsoft’s use of the “sky” prefix was absolutely necessary, and she showed evidence that at least some of the general public didn’t understand which company made what. Microsoft says it plans to appeal the verdict, although there’s no guarantee that it will have to relabel SkyDrive if the appeal falls through. Some past trademark lawsuits have led to fines instead of name changes, and we suspect Microsoft would rather pay out than lose brand recognition across a whole continent.

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Via: TechCrunch

Source: BAILII

Samsung wins ITC ban of AT&T compatible iPhones and iPads due to patent infringement

Samsung got a big win in the International Trade Commission today, as the ITC handed down a final ruling finding that several models of AT&T-compatible iPhones and iPads infringe a Samsung patent, and issued an exclusion order preventing them from being imported, sold or distributed in the US. This final ruling comes months after an ALJ determined that Apple did not infringe any of Samsung’s IP, but clearly, the commission felt differently upon its review. This final determination holds that AT&T models of the iPhone 4, 3GS and 3G, plus AT&T iPad 3G and iPad 2 3G models infringe four claims of Samsung’s patent number 7,706,348 for encoding mobile communications.

The ITC reversed the ALJ’s ruling in part based upon modified construction of several key terms in the claims at issue, but upheld the prior decision regarding the other three patents Samsung asserted in the action. So, what does this mean for Apple? Not a tremendous amount, truthfully, as the newly banned devices are no longer Cupertino’s standard bearers and account for little of massive profits. Plus, Apple will, no doubt appeal the decision in court. Still, Samsung’s bound to feel pretty good about the victory, and every little bit helps in its quest to remain atop the smartphone heap, right?

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Via: Reuters Tech (Twitter)

Source: ITC [PDF]

Microsoft finally wins ITC battle with Motorola over wireless P2P patent (update)

Microsoft finally wins ITC battle with Motorola over wireless P2P patent

In with a bang, out with a whimper. After making us fear for the Xbox 360’s (shelf) life by delivering an adverse ruling in Motorola’s ITC patent infringement case against Microsoft last year, the presiding Administrative Law Judge reversed his stance a couple months ago after prodding by the full Commission. While the finding of non-infringement was good news for Microsoft, the decision still needed to be OK’d by the Commission before the investigation could be officially closed. We thought we weren’t going to get a final ruling until later in the summer, but the ITC apparently agreed with the ALJ’s initial ruling ahead of schedule, and has decided not to review the decision today. As a result, the investigation is now closed, and this particular battle in the patent wars is finally over.

Update: Naturally Microsoft Corporate VP and deputy General Counsel David Howard is excited to see this case be closed, and issued the following statement:

This is a win for Xbox customers and confirms our view that Google had no grounds to block our products.

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Via: Reuters

Source: USITC [PDF]

LG suspects Samsung of infringing its eye-tracking patents with the Galaxy S 4

Samsung’s Galaxy S 4 isn’t even available yet, but already it’s being eyed for possible patent infringement. According to a report from Korea’s Yonhap News, LG suspects the S 4 might violate eye-tracking patents used in the Optimus G Pro. At the crux of this squabble is Samsung’s Smart Pause feature, which LG finds similar to its Smart Video technology. Chiefly, LG is focusing on a patent it applied for in 2009, though the company also plans to investigate whether Samsung infringed other eye-tracking patents dating back to 2005. So far, of course, Samsung has denied any wrongdoing, saying its eye-tracking tech is implemented differently and is based on proprietary technology. Given that the phone isn’t even out yet, we’ll leave it to LG to do its due diligence before accusing Samsung in court.

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Via: The Verge

Source: Yonhap News Agency

Nintendo slapped with $30.2 million in damages for infringing glasses-free 3D patent

Nintendo slapped with $30.2 million in damages for infringing glasses-free 3D patent

In 2011, former Sony employee Seijiro Tomita launched a suit against Nintendo, claiming the 3DS infringed on a patent he holds to display 3D visuals without glasses. Today, a federal court in New York decided to award Tomita with $30.2 million in damages for Iwata and Co.’s infringement. The house that Mario built unsuccessfully argued that it didn’t rely on key parts of the patent, and that Tomita was just one of several folks it met with when it was looking into 3D tech in 2003. Nintendo’s pockets are certainly deep enough to handle the sting, but we can’t imagine it’s a welcomed loss with sales forecasts taking dips.

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Source: Reuters

RIAA claims Google’s anti-piracy downranking doesn’t work

RIAA claims Google's antipiracy downranking doesn't work

Google offered an olive branch to content producers when it promised to downrank pirate sites in its search results last summer. Really, the RIAA was looking for the whole tree; it just published a report claiming that Google’s technique hasn’t had any tangible impact. The agency argues that the millions of takedown requests didn’t lead to “significant” drops in rank for habitual violators. It further contends that many legitimate music sites only showed up in the top ten for about half of the searches, and were often kicked down the ladder by their bootleg counterparts. We’re reaching out to Google to get its side of the story, but the RIAA isn’t quite as patient: it’s demanding that Google “immediately” change the results and volunteers its help. While that’s a step forward from the music group’s previous accusatory stance, it doesn’t quite represent a two-way conversation on anti-piracy measures.

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Via: The Verge

Source: RIAA

Amazon gets Apple’s false advertising claim dismissed from trademark infringement lawsuit

Amazon gets Apple's false advertising claim dismissed from trademark infringement lawsuitIt’s been awhile since we last had news from Apple’s App Store-based trademark infringement lawsuit against Amazon. Today, Amazon got Apple’s claim for false advertising dismissed from that very same case after filing for partial summary judgement. In finding for Amazon, the judge held that Apple failed to identify a single false statement (expressly stated or implied) that Amazon made about the nature, characteristics, or quality of the Amazon Appstore that would deceive customers into thinking it was the same as the Apple App Store — a legal requirement to establish false advertising under federal law. Not a bad way for Bezos to ring in the new year, eh?

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Via: Bloomberg

Source: Court Order [PDF]

Google on Apple v. Samsung: most infringed patents ‘don’t relate to the core Android operating system’

When the jury in Apple v. Samsung handed down its verdict on Friday, we watched Apple take a victory lap and heard Samsung warn of hampered competition, but one company remained conspicuously silent: Google. This weekend, though, Mountain View finally released a statement, insisting that while Samsung lost the trial, the ruling doesn’t actually implicate Android. “The court of appeals will review both infringement and the validity of the patent claims. Most of these don’t relate to the core Android operating system,” the company said, noting that several of these patents are being revisited by the US Patent Office. Still, buried in that statement is an implicit acknowledgment that if Samsung can’t reverse the decision on appeal, innovation among Android devices might well be be stifled:

“The mobile industry is moving fast and all players – including newcomers – are building upon ideas that have been around for decades. We work with our partners to give consumers innovative and affordable products, and we don’t want anything to limit that.”

Of course, Samsung has indeed said it intends to appeal (and an internal memo reported by CNET corroborates this), so it would seem that the proxy battle against Android is far from over, and the drone of legalese is sure to continue.

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Google on Apple v. Samsung: most infringed patents ‘don’t relate to the core Android operating system’ originally appeared on Engadget on Mon, 27 Aug 2012 09:12:00 EDT. Please see our terms for use of feeds.

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Editorial: Engadget on the Apple vs. Samsung ruling

It’s done. It’s all over. There’s nothing left now but the tears, the big checks — and the appeals. After weeks of laborious deliberations and no shortage of courtroom antics the jury has issued its verdict and, while it isn’t a complete victory for Apple, it’s most certainly a loss for Samsung. Naturally, we have some thoughts on the subject. Join us after the break as we express our feelings.

Continue reading Editorial: Engadget on the Apple vs. Samsung ruling

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Editorial: Engadget on the Apple vs. Samsung ruling originally appeared on Engadget on Sat, 25 Aug 2012 17:30:00 EDT. Please see our terms for use of feeds.

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