Judge dismisses Apple lawsuit versus Motorola over standards-based patents

Judge dismisses Apple lawsuit versus Motorola over standardsbased patents

Apple may have just learned a lesson about all-or-nothing gambles. Judge Crabb has dismissed the company’s lawsuit against Motorola over fair royalties for standards-based patents after the firm said it would only accept court-dictated payouts to Motorola of less than $1 per iPhone. To say that Crabb isn’t eager to be used as leverage for a discount is an understatement — she flipped from leaning towards a trial just days earlier to preventing Apple from suing over the same dispute unless it wins an appeal. The decision doesn’t represent the first time the Cupertino team has had a lawsuit tossed this year, although it comes as Motorola has faced its own share of legal setbacks; the two parties are still very much in a stalemate. All we know for certain is that any royalty decision will have to come through either a (currently unlikely) settlement or through a separate trial.

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Judge dismisses Apple lawsuit versus Motorola over standards-based patents originally appeared on Engadget on Mon, 05 Nov 2012 15:26:00 EDT. Please see our terms for use of feeds.

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Apple loses right to sell iPhone in Mexico

While the iPhone is selling well in various parts of the world, it’s a different story in Mexico. Apple has lost a court case in Mexico that may completely ban the company from selling the iPhone in the country. The court ruled that the “iPhone” name is too phonetically similar to that of Mexican telecommunications company iFone, which registered the name in 2003.

Apple actually attempted to secure the “iFone” name in 2009, and wanted the telecommunications company to cease using the name because it sounded too similar. However, the tables were turned on Apple, and iFone claims they actually trademarked the “iFone” name four years before Apple first released the iPhone.

Because of this, iFone countersued Apple for damages, which could actually amount to a lot of money — possibly up to 40% of Apple’s iPhone sales in Mexico. iFone also demanded that an injunction be placed on the iPhone to prevent it from being sold under its current name in the country, which Apple isn’t likely to change.

Unless Apple and iFone can come to another agreement of some kind (which is not likely to happen), the Cupertino company will be forced to stop selling its iPhone in Mexico. They will mostly likely appeal the case, but the ruling stands for now. Then again, Apple may certainly attempt to reach a settlement with iFone that would enable the company to continue using the iPhone name in Mexico, but for now, we’ll have to wait and see what Apple decides to do.

[via Electronista]


Apple loses right to sell iPhone in Mexico is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


FTC reportedly recommends lawsuit against Google over patents

The FTC has been nosing around Google for a while now, having formally launched a probe back in June to look into whether the company is guilty of blocking competitors’ access to essential technology patents. Earlier this month, we reported that Google was looking into settling the issue. Now it seems the FTC has formally recommended that the company be sued.

According to the sources, most of the FTC’s five commissioners are in favor of a lawsuit. The final decision on the matter isn’t expected to be made until after the elections on the 6th. Google’s issues revolve around the patents it acquired after taking over Motorola. The company is trying to block Apple and Microsoft products that it says infringe on its patents.

The patents concern 3G, wifi, and video streaming technologies, which are standard-essential. Motorola was originally slinging around lawsuits, which Google received after acquiring the company, and it has elected to carry on those suits. If allowed, the blockage would affect such devices as Apple’s iPad and Microsoft’s Xbox.

The FTC has declined comment. Google’s spokeswoman, Niki Fenwick, however, stated, “We take our commitments to license on fair, reasonable, and non-discriminatory terms very seriously and are happy to answer any questions.” Google is also being probed into whether its advertisement, search, and mobile are harming competitors, with sources saying that the FTC has also recommended a lawsuit over that issue.

[via Business Week]


FTC reportedly recommends lawsuit against Google over patents is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Microsoft sued over Live Tiles in Windows

While the Live Tiles feature in Windows 8, Windows RT, and Windows Phone 8 may be something new for PC and tablet users, it was actually introduced two years ago with the launch of Windows Phone 7, but a small operating system technology designing company by the name of SurfCast is just now suing Microsoft over the Live Tiles feature.

Back in October 2000, SurfCast filed for patent # 6,724,403 and was issued in April 2004. SurfCast describes the feature as tiles that “can be thought of as dynamically updating icons. A Tile is different from an icon because it can be both selectable and live — containing refreshed content that provides a real-time or near-real-time view of the underlying information.” This more or less describes what Microsoft’s Live Tiles are.

SurfCast says that because Microsoft provides ways for developers to create app tiles that can display information on the homescreen, they are also infringing upon its patent. The company says that the patent infringement affects all versions of Windows 8 and Windows RT, but not Windows Phone 8.

SurfCast requests that orders are submitted showing that Microsoft has directly infringed, and are also ordering Microsoft to “account and pay to SurfCast all damages caused to SurfCast by reason of Microsoft’s patent infringement.” However, a lot of legal experts are saying this is simply a troll maneuver, and that SurfCast –while owning three patents– have not made or sold anything of its own since they were founded in 2001. So, it’s very possible that Microsoft will reach a settlement and that the suit won’t carry on for much longer.

[via The Next Web]


Microsoft sued over Live Tiles in Windows is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Man arrested for plotting ownership scheme against Facebook

39-year-old Paul Ceglia, a New York wood pellet salesman who claimed he owned a huge stake in Facebook by forging documents, was arrested today and taken into custody by US Postal inspectors at Ceglia’s home in Wellsville, NY. He was arrested on charges that he falsified records and destroyed evidence in a multi-billion dollar scheme to defraud Facebook and the company’s CEO, Mark Zuckerberg.

The story goes back two years ago when Ceglia filed a lawsuit against Zuckerberg, claiming that the two signed a contract in April 2003 that promised Ceglia a 50% stake in the social network. However, many of the documents and emails turned out to be falsified, and the date that the fake contract was signed (April 28, 2003) is said to be before the time period that the idea of starting Facebook came up.

Ceglia was running an online business called Streetfax.com back in 2003, and the two of them indeed signed a contract that would pay Zuckerberg for programming work. However, Ceglia claimed that as part of the deal, Zuckerberg promised him at least 50% ownership of Facebook. While the contract for programming work between Ceglia and Zuckerberg is certainly true, authorities ended up finding the real contract on Ceglia’s computer, which made no mention of Facebook or an ownership agreement.

A search through Harvard’s email servers produced no evidence of emails that Ceglia described in his lawsuit, and authorities found falsified existing records on his computer that support Celgia’s many untrue claims. Ceglia was officially charged with one count of mail fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison.

[via Forbes]


Man arrested for plotting ownership scheme against Facebook is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Motorola scales back ITC case against Xbox, drops WiFi patent complaints

Motorola scales back ITC case against Xbox, drops WiFi patent complaint

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.

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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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Apple publishes ‘Samsung did not copy’ statement through gritted teeth

Apple publishes 'Samsung did not copy' statement through gritted teeth

Whatever you think of the continual legal tussles between Apple and Samsung, a UK court’s decision to force the former into publicly acknowledging that the latter did not copy its design will have seemed a little egregious even to the most ardent sammy-sympathiser. Well, that post is now live — on Apple’s site at least — and as you might expect, is studiously manicured to almost not feel like an acknowledgement at all. The opening legalese notes that Samsung did not infringe “registered design No. 0000181607-0001,” before going on to point out in perfect lay-terms the positive comments Judge Colin Birss made about its own slates. While Apple does confirm that the UK decision was further upheld by the court of appeal, it is also keen to remind you that other European legal jurisdictions (namely Germany) don’t share this opinion. Head to source to read the statement in full.

Continue reading Apple publishes ‘Samsung did not copy’ statement through gritted teeth

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Apple publishes ‘Samsung did not copy’ statement through gritted teeth originally appeared on Engadget on Fri, 26 Oct 2012 04:28:00 EDT. Please see our terms for use of feeds.

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Samsung infringed on Apple patents, judge rules

You win some, you lose some. In this case, Samsung is the loser, with a federal trade panel judge ruling that the company infringed on Apple‘s patents. This is the latest in a long patent war that the two companies have been engaged in for quite some time, and comes after the South Korean company’s brief victory in the Netherlands.

The complaint was filed by Apple in the middle of last year with the US International Trade Commission. In it, Apple stated that Samsung was infringing on its patents via the Galaxy tablet and the Transform, Fascinate, and Captivate smartphones. Judge Thomas Pender has issued a preliminary decision on the matter, saying that the Korean company had infringed on four of the six patents in dispute.

The four patents ruled infringed upon include one that shows two images, one of them translucent, as well as a patent involving touch screen user input interpretations. In February, the International Trade Commission will make a decision on whether Pender’s decision will stand. This is Apple’s latest win, with a California jury finding that Samsung had infringed upon iPhone and iPad features, something for which it was ordered to shell out $1.05 billion in damages.

Apple recently distanced itself from Samsung, which has been its long-term supplier of hardware for the company’s products. Earlier this month, Apple then took steps to cut off its reliance on the Korean company as much as contractually possible. Presently, Apple is seeking to have the infringing Samsung products perma-banned, but no word on how that’ll play out has been issued.

[via USITC]


Samsung infringed on Apple patents, judge rules is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


USPTO has ‘tentatively’ invalidated Apple’s key rubber-banding patent

FOSS Patents USPTO has invalidated Apple's rubberbanding patent

The US Patent and Trademark Office may have just thrown a wrench into Apple’s recent courtroom triumph over Samsung by invalidating one of the patents at the heart of the victory: rubber-banding. We noted at the time that Apple hit a “home run” with that particular IP, as jurors declared that all 21 disputed Samsung devices infringed it, no doubt resulting in a large part of the $1 billion (and counting) owed by the Korean maker. “Claim 19” of patent 7469381, which covers that feature, was invalidated by the USPTO on two counts, both of which were cases of prior art that allegedly existed before Cupertino claimed them. Either one could be enough reason to throw out that part of the patent, according to FOSS Patents, provided that the USPTO’s ruling stands up. Either way, Samsung has already brought the new information to Judge Koh’s attention — which might bring about some new action very soon.

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USPTO has ‘tentatively’ invalidated Apple’s key rubber-banding patent originally appeared on Engadget on Tue, 23 Oct 2012 06:57:00 EDT. Please see our terms for use of feeds.

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Japan court rules Apple did not infringe two Samsung patents

Japan court rules Apple did not infringe two Samsung patents

In the latest scuffle between Apple and Samsung, a Tokyo court has ruled that the iPhone 4 and 4S do not infringe on two of Sammy’s patents. According to The Asahi Shimbun, a decision on September 14th found Apple had not violated a patent related to app downloads, as Samsung’s method is different. A dispute regarding flight / airplane mode also went in Cupertino‘s favor on October 11th, because the technology in question was regarded by the court as incremental. Only one case against Apple remains undecided in Japan — for a patent on using “homescreen space” — but, as usual, don’t expect that to be the last chapter in the neverending story.

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Japan court rules Apple did not infringe two Samsung patents originally appeared on Engadget on Mon, 22 Oct 2012 07:10:00 EDT. Please see our terms for use of feeds.

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