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The International Trade Commission has become increasingly tired of all the patent mischief it’s forced to deal with, just as we’ve become tired of reporting on it. That’s why its latest defense against time-wasters could potentially be a very good idea. According to Reuters, the ITC will soon demand upfront proof that the complainant in a patent case has a “significant presence in the United States” and isn’t merely a fly-by-night outfit created for the purpose of pursuing litigation. The new rule has already been trialed in a pilot program, and Google, Intel, HP and others have voiced their support. It can’t fix everything, of course, since major companies will still be able to game the system to hamper their rivals, but with the FTC and the White House also taking steps to subject “patent-assertion entities” to greater scrutiny, it feels like the wheels of government may be starting to catch up with the trolls.

Filed under: Misc

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Source: Reuters

We’re pretty familiar with patent trolls around here, mostly because the technology industry is filled with them. However, President Obama wants to take executive action in order to cut down on patent abuse in the system. It’s reported that the White House will reveal its plans tomorrow that includes some changes being made to the

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If you thought the patent war between Motorola (Google) and Apple was already over, you were mistaken. Though, today’s decision by the ITC to toss Moto’s complaint against Cupertino regarding the use of sensors to control the interface of a phone, might be one of the final blows struck. The claim over patent No. 6,246,862, was the last patent-in-suit standing from its 2010 complaint against Apple. Now it’s been completely invalidated. The decision can still be appealed in the United States Court of Appeals for the Federal Circuit, and we can almost guarantee the company will take advantage of that option. (In fact, it already is with previous decisions that did not go in its favor.) With courts tossing out complaints left and right, and some companies even willingly withdrawing them, we certainly keep hoping that the era patent Risk is coming to an end.

The ITC tossing out yet another complaint is a big loss for Motorola and Google. But, Apple has lost plenty of its own suits recently. It seems that both sides are settling into a stalemate. And ultimately pushing these competitors to innovate in the market instead of the courtroom is good for consumers.

Filed under: Cellphones, Mobile, Apple, Google

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Source: FOSS Patents, ITC (PDF)

If you’re keeping track of the multiple, and let’s face it, tiresome Samsung / Apple patent debacle, a document that just turned up at the ITC might spell more trouble for the Korean manufacturer. It’s a publicly redacted version of Judge Pender’s recommendations, and pertains to the October ruling that deemed Samsung borrowed four of Cupertino’s designs. The most iconic being design patent D618,678 (that which you see above). The others include multi-touch patent 7,479,949 (which was tentatively invalidated) along with two other patents (RE41,922 and 7,912,501) relating to graphic display elements and audio hardware detection. If the recommendations are adopted — and FOSS Patents suggests this is entirely possible — Samsung could face a US import ban after a 60 day presidential review, an order prohibiting “significant” sales of infringing products in America along with a posting a bond for 88 percent of the entered value of mobile phones (plus 32.5 percent for media players and 37.6 percent for tablets) that include the breaching design features. Pender has, however, reportedly cleared several Samsung “designarounds” which, if implemented to satisfaction, would mean the tech giant could continue trading. For now though, the recommendations are awaiting the Commission’s review.

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

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Via: FOSS Patents

Source: ITC (Doc ID 500118)

Since taking over Motorola Mobility, Google has started to rein in some of the manufacturer’s legal adventures. First, it struck a licensing deal with Apple in Germany, then it withdrew an ITC complaint against the company in early October. Now Microsoft is benefiting from its new, seemingly less lawsuit-happy adversary. Moto has decided to pull its WiFi-related patent claims from a complaint against the Xbox 360. That still leaves its H.264 patents on the docket, though, we wouldn’t be surprised to see the case disappear completely before the two companies go to trial in December. Microsoft claims it’s entitled to a reciprocal license from Google due to an existing agreement between Mountain View and MPEG LA. German courts have already ruled that Motorola’s claims regarding its H.264 patents are strong enough to issue injunctions against the Xbox 360 and Windows 7, however the company has been unable to enforce those sales bans due to ongoing investigations in the US.

Filed under: Gaming, Microsoft, Google

Motorola scales back ITC case against Xbox, drops WiFi patent complaints originally appeared on Engadget on Fri, 26 Oct 2012 09:17:00 EDT. Please see our terms for use of feeds.

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