Hasta La Gadget!

The back and forth continues. US International Trade Commission Administrative Law Judge Thomas Pender has made an initial ruling that some Samsung’s devices violate four Apple patents, including one iPhone design patent (the one you see above) and three software patents. Apple didn’t manage a clean sweep, as Samsung was cleared of treading on two more patents, but the verdict still carries the all-too-familiar potential for a trade ban if the ITC maintains the findings in its final review. It’s bleak news for the Korean company, which faced an initial loss to Apple at the ITC just last month — even though large swaths of the mostly Android-based Galaxy phones and tablets in the dispute have long since left the market, an upheld verdict gives Samsung one less bargaining chip in a protracted legal war.

Filed under: Cellphones, Tablets, Mobile, Apple, Samsung

ITC rules that Samsung violates four Apple patents covering design, touch originally appeared on Engadget on Wed, 24 Oct 2012 17:50:00 EDT. Please see our terms for use of feeds.

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Trouble looked to be brewing for Apple last April: an International Trade Commission judge made an initial ruling that Apple infringed on a standards-essential Motorola WiFi patent, raising the possibility of a trade ban if the verdict held true. The fellows in Cupertino may have caught a big break. A Commission review of the decision on Friday determined that Apple didn’t violate the patent, and it upheld positions that exonerated the iPhone maker regarding two others. Apple isn’t entirely off the hook, however. The ITC is remanding the case to the judge to review his stance that Apple hadn’t violated a non-standards-based patent, which still leaves Apple facing the prospect of a ban. However, having to revisit the case nearly resets the clock — we now have to wait for another ruling and a matching review, and that likely puts any final decision well into 2013. Google-owned Motorola isn’t lacking more weapons in its arsenal, but any stalled proceedings take away bargaining chips in what’s become a high-stakes game.

Filed under: Cellphones, Mobile

ITC decides Apple didn’t violate Motorola WiFi patent after all, tosses case back to judge originally appeared on Engadget on Fri, 24 Aug 2012 18:17:00 EDT. Please see our terms for use of feeds.

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We hope you didn’t think that Motorola would fight a purely defensive patent war against Apple after Google’s acquisition closed. Just days before a final ruling on its initial complaints, the RAZR maker has filed another dispute with the International Trade Commission that accuses Apple of violating patents through some iOS devices and Macs. Exact details of the dispute are under wraps for now; Motorola, as you’d imagine, only contends that it has no choice after Apple’s “unwillingness to work out a license.” While Apple hasn’t said anything about the subject, we already know how much it disagrees with Motorola’s previous licensing strategy — it’s unlikely Apple will just roll over, no matter what’s at stake.

Filed under: Cellphones, Desktops, Laptops

Post-acquisition Motorola files fresh ITC complaint against Apple originally appeared on Engadget on Fri, 17 Aug 2012 19:25:00 EDT. Please see our terms for use of feeds.

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It’s been a few months since the International Trade Commission affirmed its decision to ban a selection of Motorola‘s Android portfolio from import, but the ruling will only start in earnest from today. While the ITC mentioned the likes of the Google-powered Atrix, Xoom, Droid 2 — alongside a whole pile of lesser-known models– the exclusion covers all Motorola devices that infringe on Microsoft’s patents for email-based meeting scheduling. Motorola has stated that it has already been proactive in ensuring its phones remain available in the US — the ruling won’t affect devices already in stock.

In its own words: “In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft’s ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry-leading smartphones remain available to consumers in the U.S. We respect the value of intellectual property and expect other companies to do the same.”

Import ban on select Motorola Android products starts today originally appeared on Engadget on Wed, 18 Jul 2012 09:27:00 EDT. Please see our terms for use of feeds.

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Things were looking grim for gaming in April, when the International Trade Commission decided that the Xbox 360 violated Motorola patents and the console’s US future was in doubt. The agency hasn’t necessarily reversed its decision, but it just gave Microsoft a significant (and possibly permanent) reprieve. The Commission has remanded Motorola’s case back to the Administrative Law Judge that gave the initial ruling, which very nearly restarts the clock: a new ruling won’t come for months, and the usual review process guarantees even more of a delay even if the decision once more works in Motorola’s favor. Patent suit watcher Florian Mueller is now confident that the Xbox 360 won’t face any real risk of a ban in 2012, at a minimum. If the new decision doesn’t clear Microsoft outright, it still pushes any ruling past a Microsoft lawsuit’s trial in mid-November, when Motorola might be blocked from attempting any ban using its standards-based patents. We’ve rarely seen a majority or total reversal of this kind of ITC patent dispute before it reaches the appeals stage, but there’s a distinct chance of that flip happening here — especially as the ITC is using Apple’s successful dismissal of an S3 Graphics victory as the judge’s new template.

Microsoft catches a break: ITC remands Motorola case, Xbox 360 dodges at least a 2012 ban originally appeared on Engadget on Sat, 30 Jun 2012 17:51:00 EDT. Please see our terms for use of feeds.

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