Court reverses Galaxy Nexus sales ban in the US (updated with Samsung’s statement)

A United States appeals court has overturned the injunction banning the sale of Samsung’s Galaxy Nexus, arguing that the California district court had “abused its discretion” in granting it. The case between Apple and Samsung, which centers around four patents relating to unified search and Siri, will now be returned to the court of Judge Lucy Koh for reconsideration — in the same way that she had to reverse her previous decision regarding the Galaxy Tab 10.1.

The injunction was granted on the basis that Apple could demonstrate “irreparable harm” to its business, and, that its case had a high likelihood of succeeding. However, the panel of judges felt that Cupertino could do neither of those things to the court’s satisfaction, and as such, Samsung’s handsets will be available to purchase as soon as the company can get them onto shelves. If you’d care to delve into the full text of the remand order yourself, it’s available at the source link.

Update: Here is Samsung’s jolly statement regarding the reversal:

“We welcome this reversal by the Federal Circuit, finding that the District Court abused its discretion in ordering a preliminary injunction against the Galaxy Nexus. Today’s decision confirms that the role of patent law is to protect innovation and not to unreasonably stifle competition and restrict consumer choice. We will continue to take all appropriate measures to ensure the availability of our innovative products.”

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Court reverses Galaxy Nexus sales ban in the US (updated with Samsung’s statement) originally appeared on Engadget on Thu, 11 Oct 2012 11:34:00 EDT. Please see our terms for use of feeds.

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Microsoft sues Motorola in Germany again, claims Google Maps violates patent (update: Google involved)

Microsoft and Motorola

Motorola isn’t going to escape as cleanly as it would like from Microsoft’s patent lawsuit campaign. Microsoft has sued Motorola once more in Germany, only this time it’s waging a more direct fight against Motorola’s owner Google. The lawsuit claims that Motorola devices violate a patent for taking map information from one set and overlaying it with data from another — a technique that describes Google Maps, not to mention virtually every internet-connected mapping system we know. Details aren’t yet available for the devices allegedly at risk, but the accusation would make it harder for Google, Motorola or both to simply code around the problem if they lose. No doubt Microsoft is counting on just that obstacle to have the RAZR maker fall in line with everyone else and take a license just for using Android.

Update: As patent case analyst Florian Mueller notes from his first-hand account, Microsoft quietly filed the lawsuit in April and received its first court hearing today. That’s not the biggest news, however: Microsoft amended the lawsuit to include Google itself. While that’s virtually necessary under German law to get the testimony Microsoft wants, it also means a rare (if not unique) instance of Microsoft attacking Google directly in court, rather than fighting proxy battles through Android hardware partners.

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Microsoft sues Motorola in Germany again, claims Google Maps violates patent (update: Google involved) originally appeared on Engadget on Thu, 11 Oct 2012 11:24:00 EDT. Please see our terms for use of feeds.

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Apple’s Latest Slide-to-Unlock Patent Basically Prevents Other Phones From Dragging Anything Around a Lock Screen [Patents]

Apple was just granted yet another patent for slide-to-unlock, and it’s even more general than the first two. More »

ITU roundtable narrows scope of debate around standard-essential patents, doesn’t create world peace

ITU roundtable narrows scope of debate around standardessential patents, doesn't create world peace

The ITU’s roundtable discussing the controversy over standard-essential patents has wrapped up its first day, and surprise — there wasn’t immediate harmony. While strict press rules prevent discussing exactly which companies said what in the Geneva meeting, the UN’s telecom agency mentioned that the initial, partly publicized discussions saw a “heated debate” that mostly followed party lines. Certain companies kept to their view that bans over standard-essential patents hurt innovation, while others were adamant that bans were harmless and potentially necessary — you can probably guess who’s on each side. The meeting mostly helped whittle down the subjects for the closed meetings, which should focus on how much of a curb there should be on injunctions as well as the definition of just what the “reasonable” in Reasonable and Non-Discriminatory (RAND) patent licensing terms should mean.

ITU officials remain ever the budding optimists, however. They felt that it was tough to leave injunctions “completely unchecked” and that their institution could shape policies, even if it wouldn’t get involved with ongoing talks. Legal Officer Antoine Dore also explained to Engadget that his organization wasn’t surprised at the uncompromising stances early on and expected the companies involved to open up “a lot more” once they weren’t under the watchful eyes of cameras and reporters. If they don’t, we suspect other international organizations could exert their own pressure.

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ITU roundtable narrows scope of debate around standard-essential patents, doesn’t create world peace originally appeared on Engadget on Wed, 10 Oct 2012 14:34:00 EDT. Please see our terms for use of feeds.

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Moto pulls phones and tablets from German site pending software update

Moto pulls phones and tablets from german site pending software update

We wouldn’t quite call it an unexpected turn of events, but it certainly qualifies as dramatic — Motorola has pulled almost every Android device in its roster from its German site, leaving only the RAZR HD and RAZR i behind. German site Areamobile first reported the disappearance, and received word from Moto PR that the devices were removed while the OS was “being reworked.” Though the company did not say it expressly, it appears the removal is related the various lost patent suits and injunctions awarded to its competitors. The manufacturer has been promising software fixes to address those complaints since early summer, but has yet to deliver them. We’re sure the Xoom family and its sizable stable of mid-range phones will return to the site in good time, though, it wouldn’t be a tragedy if the only surviving options were the newest members of the RAZR family. They’re certainly the most compelling products currently offered (or soon to be offered) by the Google property.

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Moto pulls phones and tablets from German site pending software update originally appeared on Engadget on Mon, 08 Oct 2012 19:03:00 EDT. Please see our terms for use of feeds.

Permalink Android Police, FOSS Patents  |  sourceAreamobile, Motorola (Germany)  | Email this | Comments

Survey: Patent War Paints Apple ‘Leader’ And Samsung Challenged, But We Might All End Up Losers

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With Apple and Samsung still duking it out in the patent courtroom, a survey of U.S. consumers conducted by Morpace has taken a look at how the dispute is playing out among the gadget-buying public. Apple, it found, comes out pretty rosy, but ultimately the survey delivers some discouraging conclusions about where cases like these are taking the mobile industry overall.

Last week, a study from Localytics noted that sales of Samsung’s latest device, the Galaxy S3, have actually being doing quite well since Samsung lost a $1 billion patent verdict to Apple in August — growing on average about 9 percent every week, including the one where the iPhone 5 was launched. So it is a little surprising to see that according to Morpace’s results, general consumers are now showing more skepticism about the Samsung brand as a whole.

According to responses from 1,000 adult consumers — Morpace says that it matched these to U.S. Census demographics data to get a complete snapshot — Samsung had a 12 percent net decline among consumers “likely” to consider buying a Samsung smartphone or tablet, a decline that was softened to 6 percent when looking only at people considering purchases.

Respondents also believed that the patent ruling had a mostly-negative (47 percent) impact on Samsung’s long-term competitive position in smartphones and tablets, as well as its long-term viability as a mobile device maker (48 percent of respondents called the patent ruling impact “negative”).

Apple, meanwhile, got the reverse treatment. It had a 9 percent net increase in the number of consumers “likely” to buy an Apple smartphone or tablet, with that number increasing to 22 percent among those preparing to buy a device.

Apple also had a mostly positive response for being perceived as a leader in technology and design as a result of the $1 billion patent verdict, with 42 percent of respondents deeming the verdict had a positive impact on Apple’s leadership in these areas.  Morpace notes that when looking only at those who intend to purchase smartphones or tablets, or have influence on purchasing decisions, 48 percent thought of Apple as a technology and design leader.

The two caveats here are that the conclusions in the survey are opinions rather than fact, and that these are responses given relatively soon after the $1 billion patent verdict. Samsung at the moment is the world’s largest handset maker and the world’s largest smartphone maker. So questioning its longer-term viability based on the negative outcome of one patent case may be just a little out of proportion. And consumers may be likely to change their opinions with new product launches.

On the other hand, consumer perception counts for a lot when looking at what drives sales to one handset maker or another — sometimes even despite the quality of the handsets in question (just ask Nokia, which has found it hard to reach any kind of critical mass with its new Lumia devices, despite some positive reviews).

And it is striking to me how much of an impact a patent case can have in this regard. Some 70 percent of respondents had heard of the Samsung/Apple patent disputes, with that number increasing to 77 percent among those who are planning to buy a smartphone or tablet in the next six months.

Whether the public has it right with Samsung’s market position under threat or Apple as the true technology and design leader, another set of issues to consider is how the patent issue has impacted consumers’ view of the smartphone market in general.

When considering the range of devices on the market, 42 percent said this would be impacted negatively by the Apple/Samsung patent case, and 35 percent thought that the number of handset makers was also going to be reduced. In other words, consumers think we will be seeing fewer handsets as a result of the verdict; not more.

Specifically, only 14 percent had a positive view of consumer confidence in BlackBerry or Android. And only 16 percent had a positive view of Microsoft’s Windows Phone 7.5.

When considering price, 38 percent thought this too would be impacted negatively, meaning they believe phones and tablets are going to get more expensive as a result of all of this.

And — as you might expect with fewer devices, fewer players and higher prices — consumers also believe that we will enter a period of less innovation in devices. Some 27 percent think new features will be impacted, with only 17 percent thinking this will have a positive effect on innovation.

Coming from another angle, the patent industry’s negative impact on innovation already appears to be well in place. Last year, both Apple and Google actually spent more on patent litigation and patent purchases than they did on R&D, according to this article from the New York Times.

Again, these are just opinions — not facts as such — but when buyers have such a negative take on the overall landscape, at a time when mobile sales are seeing an overall slowdown, you have to wonder whether the net effect of these cases is a loss for the market as a whole. That’s something all of them — including the so-called winners and losers — need to consider.


German court sides with Motorola, says it didn’t violate Microsoft patent (updated)

German court sides with Motorola, says it didn't violate Microsoft patent

Perhaps it’s not as loud or high profile as Apple vs. Samsung, but there is another patent war raging that is no less vicious between Motorola and Microsoft. The two have been at each others’ throats for a few years now and, while Google has offered an olive branch or two to Apple, we’ve yet to see a similar gesture made in Redmond’s direction. The latest chapter in this saga sees the regional court in Mannheim handing Moto a victory in a complaint filed by Microsoft over a patent relating to a set of mobile phone APIs. Its a rare bright spot for the new Google subsidiary, which has struggled to score legal points both in Germany in the US. Microsoft has scored several injunctions against Motorola products, while the lone ban awarded to the phone manufacturer remains unenforceable pending a breach of contract lawsuit. For a bit more detail dig into the more coverage link.

Update: Microsoft’s VP and Deputy General Counsel, David Howard, just issued this statement in response to the ruling.

This decision does not impact multiple injunctions Microsoft has already been awarded and has enforced against Motorola products in Germany. It remains that Motorola is broadly infringing Microsoft’s intellectual property, and we hope it will join the vast majority of Android device makers by licensing Microsoft’s patents.

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German court sides with Motorola, says it didn’t violate Microsoft patent (updated) originally appeared on Engadget on Fri, 05 Oct 2012 10:37:00 EDT. Please see our terms for use of feeds.

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Samsung files patent for auto-generating life diary, Mayans didn’t see it coming

Samsung files patent for auto-generating life diary, Mayans didn't see it coming

If the minutiae of people’s lives crowd your feeds and drives you to frustration, you really won’t be wanting this Samsung patent application to be approved. The USPTO filing outlines a process for creating a “life diary” by collecting all manner of information about your daily routine from your smartphone. Data such as where you’ve been, what the weather was like, what you’ve been listening to, et cetera, would be spun out in computer-generated sentences and compiled into a story of your day. Although it would lack the romanticism of a traditional, hand-written diary, we could see it having some use as a mundane log — as long as you’re happy for all that info to be recorded, that is. However, if this ever comes to fruition with sharing options, to boot, all the pictures of food, coffee house check-ins and FarmVille updates would seem insignificant in comparison. Some things, like the last time we sang along with the Bieb, are better left unshared.

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Samsung files patent for auto-generating life diary, Mayans didn’t see it coming originally appeared on Engadget on Thu, 04 Oct 2012 12:45:00 EDT. Please see our terms for use of feeds.

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Apple Seeks Patent For Headphones That Can Go From Wired To Wireless In An Instant

12.10.04-Headphone-3

A new patent application uncovered by AppleInsider today shows that Apple is working on ways to make hybrid headphones that work via both Bluetooth and a wired connection, and can switch seamlessly between the two. It’s a system designed to come in handy during physical activity, complete with the ability to recharge directly from the attached device.

The patent describes headphones connected to a device via a two-part, detachable cable that holds together either via a simple clip or magnets, much like the MagSafe power adapter. The connection could then easily disconnect if a user accidentally knocks it or the cord becomes entangled, avoiding potential injury or product damage. If you’ve ever tripped on your Mac’s MagSafe adapter, you’ll notice that most likely, neither you nor your computer came crashing to the ground.

Upon being disconnected from an attached device physically, these headphones would stop drawing power and instantly power on a wireless radio to broadcast to the host device, over Bluetooth or some other type of connection.

It’s a neat trick, and one that would definitely help Apple gain even more cred when it comes to its headphone offerings. The new Apple EarPods were a good start, but something like this could actually elevate their headphones to something more than just an adequate sound delivery device that comes in the same box as iPhones and iPods – it could make headphones an actual selling point. Still, this would add considerably to Apple earphones’ cost of manufacture, so it’s probably something that, were it ever to arrive, would ship separately like the In-Ear Headphones Apple currently sells.

Of course, patents aren’t product road maps, but Apple is offering Bluetooth 4.0 across their device lineup now, which supports low-power accessories, and Bluetooth sound has come a long way from where it once was. My Jaybird Freedom headset is one of the best-sounding earbuds I’ve ever owned, so these could possibly make an appearance at some future date, if Apple thinks they’d actually address a major pain point for users of its mobile devices.


Via Licensing assembles an LTE supergroup to share standards-essential patents

Via Licensing assembles an LTE supergroup to share standards-essential patents

Dolby spinoff Via Licensing has shone a signal into the night sky and assembled some of the world’s biggest telecoms players to form a patent supergroup. AT&T, NTT DoCoMo and Telefonica are some of the names that’ll pool their standards-essential LTE patents to prevent getting embroiled in litigation over FRAND licensing. While there are some notable holdouts to the team, we suggest company president Roger Ross coax them over by hiring Michael McCuistion to write them a rockin’ theme song.

Continue reading Via Licensing assembles an LTE supergroup to share standards-essential patents

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Via Licensing assembles an LTE supergroup to share standards-essential patents originally appeared on Engadget on Thu, 04 Oct 2012 01:07:00 EDT. Please see our terms for use of feeds.

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