HTC must alter chip in One smartphone to avoid Nokia patents

HTC must alter chip in One smartphone in order to avoid Nokia patents

Poor HTC. As if it didn’t already have enough to deal with, the troubled manufacturer now has to meddle with the original design of the One and other smartphones in order to avoid infringing on a couple of Nokia patents. According to the Wall Street Journal, HTC is currently working with Qualcomm to find a different method of improving reception and transmission within its radio components, following a successful patent suit by Nokia in the US a week ago. If these tweaks don’t happen, and if the ITC upholds Nokia’s victory when it considers the matter in January, a number of models could potentially be subject to import bans. This has happened before, however, when HTC unwittingly infringed on a Nokia microphone patent and quickly managed to find a workaround, so by now it has become adept at this sort of fire-fighting and says it already has a plan to avoid “business disruption.”

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Source: Wall Street Journal

Apple and AT&T settle class action for unlimited data claim of original iPad

DNP Apple and AT&T to pay 2010 iPad buyers $40 for killing unlimited data plan offer

Another day, another lawsuit finally drawing to a close. This time, a judge has approved a settlement for a class-action lawsuit filed against Apple and AT&T, based on the unlimited data claims of the original iPad that were later withdrawn by AT&T. So, if you bought a 3G iPad before June 7th, 2010, you’ll get a $40 payout from Apple, even if you stand among AT&T’s grandfathered customers. Meanwhile, if you purchased the original 3G iPad but didn’t get a mobile plan, you’re also eligible for a $20 / month discount for up to a year under the carrier’s current $50 offering. The toddler-aged class action was born out of affected customers’ frustration over the change and the belief that they overpaid for their devices as a result. Unfortunately, the ruling won’t be finalized until February 2014, so don’t expect to hear from Apple about the payout — or plan a modest $40 dinner for two — until then.

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Via: GigaOM

Source: Law360, Scribd

Apple settles class action lawsuit over termination of unlimited data for iPad 3G

In the summer of 2010, a decision was made to end the unlimited data plan offered to iPad 3G owners, something that spawned a class action lawsuit that has been in play for a while now. As of this week, the dispute has been put to an end, with AT&T and Apple resolving to settle […]

Lavabit appeals filing reveals info as government pushes against unsealing request

Yesterday, Lavabit — the email service used by Edward Snowden, catapulting it into unwanted fame — filed a request to have its case partially unsealed, allowing for third parties to file amicus briefs. Today, an appeal filing has surfaced revealing some details about what went down with the email service after attracting the government’s attention, […]

Apple photo patent declared invalid as it had already been shown… by Apple

Apple photo patent declared invalid as it had already been shown... by Apple

It’s not often that events of a patent tiff transcend the humdrum noise we’re all too used to, but the most recent judgement of a Munich court has declared an Apple patent invalid based on prior art from, well, Apple. As Florian Mueller of FOSS Patents explains, Cupertino has racked up a couple of decisions going against both Samsung and Motorola based on a patent for “portable electronic device[s] for photo management,” which describes a bounce-back aka rubber-banding effect specifically within the iOS photo gallery app. Now, Apple’s lawmen successfully argued the UI feature was different from previous concepts presented by AOL and Microsoft (which could benefit Cook & Co greatly in other cases, Mueller says). However, there was one piece of prior art they couldn’t dispute: the feature in question being shown off by Steve Jobs at the OG iPhone keynote back in January 2007. (We’ve embedded video of the keynote below, but you’ll need to jump to 32:40 to catch the gallery bounce-back bit.)

You see, even though the rubber-banding feature was demonstrated by Apple, on an Apple device, it still counts as prior art that invalidates its own patent — in Europe at least. That’s because documents describing the feature weren’t filed until June 2007, almost six months after Jobs took to the stage. A similar, first-to-file situation is now part of the US system, of course, ever since the America Invents Act was signed into law in 2011. As the first-generation iPhone keynote came years before that, however, it’s unlikely to hold any weight in future US court decisions. Well, you can’t win ’em all Apple, especially when you’re up against yourself.

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Source: FOSS Patents

Apple hit with $3 million damages in Japanese iPod click wheel dispute

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Apple is no stranger to lawsuits targeting the iPhone and iPad, but over in Japan, it’s the company’s older iPod design that has landed it in hot water. Kyodo News reports that the Tokyo District Court ordered Apple to pay ¥300 million ($3.3 million) to Japanese inventor Norihiko Saito for infringing on a patent covering the touch-sensitive click wheel used in the iPod Classic and older models of its iconic music player. Saito’s damages come more than five years after he filed the patent lawsuit, during which time he demanded damages of ¥10 billion ($101 million), based partly on the number of iPods Apple had sold during that period. Fortunately for Apple, the final figure was substantially less than Saito’s demand and it’ll only have to sell a few more iPhones to cover the cost.

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Via: Dow Jones

Source: Kyodo News

Nokia scores victory over HTC in patent lawsuit, seeks to block certain devices

When it comes to patents, it seems there is always one big tech company suing another, claiming violation and damages over the use of technology that is in some way infringing. One such recent lawsuit came from Nokia over rival HTC, which filed a patent suit against the company claiming some of its smartphones and […]

3DRealms drops lawsuit against Gearbox over Duke Nukem Forever royalties

3DRealms and Gearbox settle lawsuit over Duke Nukem Forever royalties

There’s been a lot of fallout from the Duke Nukem Forever launch in 2011, and not just from critics — 3DRealms sued Gearbox earlier this year for allegedly skimping on royalties until it paid off a loan. All that’s now water under the bridge, as 3DRealms has dismissed its lawsuit. The game developer’s Scott Miller describes the suit as a “misunderstanding;” Gearbox is in the clear following an evidence review, he says. The dismissal may not patch things up with gamers, but it shows that industry disputes don’t always have to reach a bitter conclusion. Read 3DRealms’ full statement after the break.

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Zynga settles lawsuit with Kixeye and former employee over confidential data theft

Alan Patmore found himself hit with a lawsuit from his former employer Zynga late last year after he left the ailing company for another called Kixeye. According to Zynga, Patmore had pilfered 763 files when he left the company, among them being confidential designs, while also claiming that Kixeye was aware of this theft and […]

Google denied dismissal of wiretapping claims in Street View data snooping suit

Google denied dismissal of wiretapping claims in Street View data snooping suit

Google’s already vowed to pony up $7 million and destroy passwords, emails and other data collected from unsecured WiFi networks through its Street View cars, but the damage won’t stop there. The US Court of Appeals for the Ninth Circuit has denied the company’s attempt to dismiss wiretapping claims in a class action suit over the debacle. Page and Co. argued their actions could pass under a wiretap exemption since data transmitted over WiFi is an electronic communication that’s easily accessible to the public. However, the panel of judges didn’t buy the search giant’s argument. “Wi-Fi transmissions are not ‘readily accessible’ to the ‘general public’ because most of the general public lacks the expertise to intercept and decode payload data transmitted over a Wi-Fi network,” Judge Jay Bybee explained. Secondly, the court ruled that the data transmitted over WiFi can’t be classified as mostly audio, so it falls “outside of the definition of a ‘radio communication.'”

“We are disappointed in the Ninth Circuit’s decision and are considering our next steps,” a Google spokesperson told Bloomberg. Now that Mountain View isn’t getting off this hook, expect it to dish out more compensation soon.

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Via: AllThingsD

Source: US Court of Appeals for the Ninth Circuit (PDF)