Wisconsin tosses Apple vs Motorola court battle early

It would appear that the courts in Wisconsin do not have a taste for gadget wars as this week they’ve been reported to be tossing out the Apple vs Motorola case that’d be brewing for some time. This update has not been commented on by Apple, but Motorola has been vocal in their glee that the case is no more, making sure to be clear that they do still want to reach a resolution with Apple in one way or another. This case – and the results even after dismissal – remains rather important as Google now owns Motorola, making this essentially a case between two larger titans.

This case was one that would have decided licensing terms that Apple could live with working with Motorola’s industry standard wireless patents. An extremely similar case is set to take place starting next week in Seattle between Motorola and Microsoft – Microsoft of course working here with Windows Phone in the end rather than iOS. Speaking with AllThingsD this week on the subject, Motorola had the following to say:

“We’re pleased that the court has dismissed Apple’s lawsuit with prejudice. Motorola has long offered licensing to our extensive patent portfolio at a reasonable and non-discriminatory rate in line with industry standards. We remain interested in reaching an agreement with Apple.” – Motorola

Apple is currently seeking to have the court’s decision switched to have been made “without prejudice”, this allowing them to hear the case again in the future. A similar situation is happening down in California where a verdict was read that essentially knocked the wind out of Samsung while Apple suffered no damage whatsoever – needless to say it’s Samsung in that case that’s seeking the case to reach a higher court.

In this case it would appear that the case vs Motorola will not reach a verdict any time soon. Apple, Motorola, Microsoft, Samsung, and essentially every other tech company on the market are in court battles across the country and the world on a basically non-stop basis regarding patents, so have no illusions about this type of event disappearing any time soon.


Wisconsin tosses Apple vs Motorola court battle early is written by Chris Burns & 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.


Samsung suffers setback against Apple in Tokyo court

Apple and Samsung‘s patent battle continues to rage all around the world, with one company picking up wins here and another coming out on top there. Today, we can chalk one up for Apple, as a Tokyo court has declared that the iPhone is not infringing on a pair of Samsung-held patents. The Asahi Shimbun reported the news this weekend, saying that two different verdicts have been handed down – one in September, and one earlier this month.


There are two separate patents at the center of this debate, both owned by Samsung in Japan. One deals with technology for downloading apps that bring increased functionality to the phone, while the other is for Airplane mode. Samsung said that the iPhone 4 and 4S were infringing on both of these patents, and naturally, Apple disagreed with that assertion. It seems that The Tokyo District Court is siding with Apple, as it said in a ruling that Apple isn’t infringing on Samsung’s first patent because the “app technology” on the iPhone is different than the tech on Samsung’s phones.

That ruling was handed down on September 14, whereas on October 11 the court decided that there wasn’t any infringement as it relates to Airplane mode on the basis that Airplane mode isn’t a new technology. So, that’s two Samsung patent claims that were denied by the Tokyo District Court. Elsewhere in the world, Samsung has been winning its claims, while in other places, the Korean company is coming up a bit short.

Still, the war between these two continues on, with no real end in sight. At this point, we’re thinking that both of these companies will continue fighting for as long as they have the money to hire lawyers, and indeed, these patent suits have apparently had a negative effect on Apple and Samsung’s manufacturing relationship. More details on these courtrooms brawls will undoubtedly be coming soon, so keep it tuned right here to SlashGear.


Samsung suffers setback against Apple in Tokyo court is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple wants an additional $707 million in damages from Samsung

The jury in the high-profile AppleSamsung patent suit already award Apple a whopping $1.05 billion in damages, but now Apple is looking to have that amount bumped up a bit. In a motion filed Friday, the iPhone maker requested that Judge Lucy Koh make Samsung pay an additional $707 million in damages, which would bring the total amount Samsung has to pay Apple dangerously close to $2 billion. In its 43-page motion, Apple also requests a permanent sales ban on 26 Samsung smartphones and tablets.


Samsung’s response to all of this? It wants a new trial, or at the very least for its damages to be reduced. The Wall Street Journal reports on Samsung’s claim that a “reasonable jury” wouldn’t have reached the decision the jury in San Jose made, and that a new trial should be held so that each company has ample time to present their cases – Koh only gave each company 25 hours to convince the jury they were in the right. When it comes to award reduction, Samsung argued that the jury made some bum calculations in a few cases. If Samsung gets all of the reductions its asking for, the damages is has to pay could be reduced by $35 million – a drop in the bucket compared to the $1.05 billion the jury says it must pay.

The two are set to go before Judge Koh once again on December 6, and since the jury found that Samsung committed willful infringement, Judge Koh could potentially triple the damages owed to Apple. The $707 million extra Apple is looking for is based on Samsung’s willful infringement of its designs and utility patents, with a portion of that figure requested as supplemental damages. Regardless of whether or not these additional damages are awarded, Samsung will still need to pay out a lot of cash (provided Judge Koh doesn’t go along with the company’s request for an entirely new trial).

Samsung has other ways of biting back, though, as it has said multiple times that it plans to add the iPhone 5 to an upcoming case between the two tech giants. This new case focuses on more recent products and patents, but won’t go to trial until March 2014. That’s quite a ways down the road, so for now, we wait. As stated above, the two are scheduled to go before Judge Koh for her final decision on December 6, so it won’t be too much longer before we know which way Judge Koh will ultimately sway. Stay tuned.


Apple wants an additional $707 million in damages from Samsung is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Microsoft chalks up another patent win against Motorola

Motorola just cannot catch a break when it comes to patent suits in Germany. Motorola has already come out as the loser in patent disputes against Microsoft and Apple, and today, Microsoft announced that it has once again secured victory. A German court has found that multiple devices made by Motorola are infringing on a Microsoft patent for technology that allows a keyboard to communicate with an app, and Microsoft asserts that this technology has been built into Android.


That’s an assertion that the court agrees with, and you may be wondering why Microsoft has only brought this case against Motorola when there are plenty of other Android manufacturers out there with this tech built into their phones. Motorola and Google are the target of this lawsuit because every other Android manufacturer is paying Microsoft a royalty to use the tech. Since Google refused to pay up, Microsoft took it to court, and now we know the result of that patent suit.

By now, you know the drill: Microsoft posts a bond – $61.4 million in this case – to get the infringing devices banned from sale in Germany. Motorola has the chance to appeal, so the sales ban won’t go into effect until the results of that appeal are known. In addition, Google and Motorola will have to pay Microsoft damages, and if Google doesn’t want to remove the tech from Android, it will have to begin paying Microsoft a royalty.

When everything is added up, this is Microsoft’s third patent win against Motorola in Germany. Motorola has been hit hard in Germany lately, much to what we imagine is Google’s chagrin. After all, one of the reasons the search giant bought up Motorola Mobility is so it could access to its extensive patent portfolio. Instead of coming out on top, however, Google has been stuck paying the bill for Motorola’s own infringement, so it’s hard to believe that the executives at Google are happy at the moment. Stay tuned – we’ll bring you more details as they develop.

[via ComputerWorld]


Microsoft chalks up another patent win against Motorola is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Samsung Galaxy Tab 10.1 sales ban stays in place, despite jury ruling

Samsung took a pretty big hit when it lost to Apple in their high-profile patent suit last month, with the jury ruling that Samsung has to hand over more than $1 billion for patent infringement. It wasn’t all doom and gloom for Samsung, however, as the jury found that the Galaxy Tab 10.1 wasn’t actually infringing on one of Apple’s design patents. The Galaxy Tab 10.1, as many of you will remember, was hit with a preliminary injunction back in June, banning it from sale in the US, because the court said that it was likely infringing on Apple’s ’889 design patent.


Since the jury found that the Galaxy Tab 10.1 wasn’t infringing, Samsung naturally wants to get the injunction lifted so it can continue selling it in the US. That will probably happen, but it isn’t going to happen now. Judge Lucy Koh has denied Samsung’s request to lift the ban, writing in a Monday ruling that she can’t lift it at the present moment because Samsung decided to appeal the injunction with a different court. Since Samsung went that route, jurisdiction no longer rests with Koh, so she can’t lift the ban even if she wanted to.

It seems that she does want to though. She wrote in her ruling that if jurisdiction was with her court, the court would likely lift the ban, based on the fact that the Galaxy Tab 10.1 isn’t infringing on that design patent. She also doesn’t want to lift the ban during the appeal, only to have to impose the injunction again later, should Apple’s motion for a permanent ban on the device eventually succeed (as it potentially could). So, it sounds like Samsung will be able to get the injunction on the Galaxy Tab 10.1 lifted eventually, but it won’t as soon as Samsung probably wants.

For now, we play the waiting game. Both parties are scheduled to go before Judge Koh and December 6, and it’s then that Apple will attempt to secure sales bans on 8 Samsung devices. Samsung, obviously, will be fighting for the right to keep selling the devices in question, so even though the jury has delivered its verdict, some of the biggest decisions in this case have yet to be made. Stay tuned, because things will only get more interesting from here.

[via FOSS Patents]


Samsung Galaxy Tab 10.1 sales ban stays in place, despite jury ruling is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple comes out on top in Motorola rubber-banding patent suit

While Apple and Samsung were going at it over here in the States, Apple was in the middle of another patent suit with Motorola across the Atlantic. Apple’s patent suit against Motorola has been going back and forth for weeks now, but today FOSS Patents is reporting that the iPhone maker can chalk up another win. Multiple Motorola devices have been found to be infringing on the EP2126678 patent, which is the same as Apple’s ’381 patent in the United States. The patent, as some of you likely already know, is for the “rubber-banding” effect that occurs when users reach the end of a page – instead of having the page just stop scrolling when a user reaches the end, the page bounces back, indicating to users that they can scroll no further.


Most of us are familiar with the effect, but thanks to this decision, it may not be long before Motorola users have to go without. Since Apple has won this case, it can post a €25 million bond to gain an injunction against the infringing devices. You can bet that Apple will put up the money for such an injunction, but if Apple posts another €10 million, it can force Motorola to destroy the infringing devices. It doesn’t stop there though, as Apple can force Motorola to recall the infringing devices with another €10 million. This is all on top of the damages that Motorola will be obligated to pay.

Since Apple can be pretty aggressive when it comes to patents, it wouldn’t surprise to see the company pay the full €45 million. Then again, since Motorola’s market share isn’t all that big in Germany, it may choose to go with just the injunction. The injunction is permanent, but Google (Motorola’s owner) does have the ability to appeal the decision, something that will definitely happen. Naturally, this decision only applies to Germany, but with Apple recently winning a similar claim against Samsung here in the United States, it could eventually spell bad news for Android and the rubber-banding effect.

This is the third Apple patent that Motorola has been found to be infringing. The first was Apple’s slide-to-unlock patent, while the second was its flip-to-navigate photo gallery patent. Luckily, Motorola has something it can fall back on now that it can no longer use the rubber-banding effect in its phones – base versions of Android come with a special glow effect which alerts users that they’ve scrolled as far as they can possibly scroll. Have a look at our timeline below for the latest on Apple’s courtroom battles.


Apple comes out on top in Motorola rubber-banding patent suit is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple wins injunction against Motorola in Germany over ‘rubber-banding’ patent

Apple wins injunction against Motorola in Germany

Hope and pray all you want, but the patent wars are far from over. The latest chapter in the ongoing game of IP Risk hands Apple a victory over the Google-owned Motorola Mobility in Germany. If you thought the recent licensing deal would put the kibosh on further flare ups between the two, you were sadly mistaken. The Munich I Regional Court awarded Cupertino an injunction against Moto devices over the so-called “rubber-banding” patent, which relates to the bounce back animation when scrolling to the bottom or top of a list. The fate of infringing phones isn’t set in stone yet, as there’s still room for appeal, though, a €25 million bond would score Apple an enforceable preliminary injunction. One relatively simple solution would be for Moto to implement the stock Android “glowing” animation, which would bypass Apple’s claims. Though, an even better solution would be for all parties involved to quit their bickering over patent minutia and focus on making the best products possible.

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Apple wins injunction against Motorola in Germany over ‘rubber-banding’ patent originally appeared on Engadget on Thu, 13 Sep 2012 14:26:00 EDT. Please see our terms for use of feeds.

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iPhone 5 prepared for Samsung legal war with 434 LTE patents

Today Apple began sending out invites for its September 12 event, where the company is widely expected to reveal the next iPhone. The iPhone 5 is rumored to come complete with LTE functionality, but there’s just one problem with that: Samsung has said that it will sue Apple if it releases a device with LTE. Since Apple’s iPad already has LTE, we can take that to mean that Samsung will sue if Apple releases an iPhone with LTE capabilities.


Samsung has a significant number of of LTE patents at its disposal, whereas Apple had none. That has all changed, however, as it’s been revealed that Apple has bought up a ton of LTE patents (and even developed some of its own) in anticipation of such a lawsuit and/or the launch of the next iPhone. The Chosen Ilbo reports that last year, Apple didn’t have any LTE standard patents registered. Now that number has grown to 318 according to Korea Intellectual Property Office, meaning that Apple has 4.9% of all LTE patents – enough for Apple to become one of the top 10 LTE patent holders worldwide.

Of those 318 patents, Apple developed 44 on its own. The rest were purchased from Nortel and Freescale at some point last year. Furthermore, Apple owns a majority stake in Rockstar Bidco, a company which holds another 116 LTE patents, bringing Apple potential LTE patent portfolio up to 434. Samsung, by comparison, holds 819 LTE standard patents, so Apple has just over half as many LTE standard patents as Samsung.

That could provide a layer of defense should Samsung decide to take Apple to court citing its LTE implementation, but some are wondering just how much defense it will provide. The Chosen Ilbo points out that undisclosed commercial patents would prove to be a better defense than disclosed standard patents, so Apple may still have a fight ahead of it. We shall see, because regardless of whether or not Samsung will take it to court, the next iPhone appears to be on the way. Stay tuned.


iPhone 5 prepared for Samsung legal war with 434 LTE patents is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.