Hasta La Gadget!

The National Labor Relations Board has weighed in on the role of social networking at the office, determining that employees can’t be fired for what they post on Facebook — as long as they use the platform to talk about improving their workplace. The NLRB’s ruling, announced on Wednesday, stems from an incident last year, when an employee at the Hispanics United of Buffalo non-profit organization went on Facebook to complain about a co-worker who accused her of slacking off at the office. Other colleagues soon chimed in on the woman’s wall post with a slew of profanity-laced comments, before the targeted employee noticed the thread and reported it to a supervisor. Citing the agency’s zero-tolerance policy on cyber harassment, the boss fired the five employees who participated in the online discussion — including one who went on to file a complaint with the NLRB.

Last week, administrative law Judge Arthur Amchan finally issued a verdict in the case, determining that the employees retained the right to talk about “their terms and conditions of employment,” as stipulated under the National Labor Relations Act. Because this particular Facebook thread involved discussion of “job performance and staffing levels,” Amchan ordered Hispanics United to reinstate the employees. The decision marks the first time that an administrative judge has ruled on a Facebook-related workplace case, though the NLRB says it’s received “an increasing number of charges related to social media in the past year” — so it likely won’t be the last. You can read the Board’s statement in full, after the break.

Continue reading Judge rules in favor of employees fired over Facebook post, orders them back to work

Judge rules in favor of employees fired over Facebook post, orders them back to work originally appeared on Engadget on Sat, 10 Sep 2011 08:11:00 EDT. Please see our terms for use of feeds.

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Think it’s time to change our patent system? So does Congress. Yesterday, the Senate approved the America Invents Act by an 89-8 vote that could bring about the most drastic changes to the US Patent and Trademark Office (USPTO) in five decades. Under the bill, which the House approved back in June, patents would be awarded not to the first person to invent a technology, but to the first one to actually file with the USPTO, bringing US policy in line with protocol adopted in most other countries. It also calls for a streamlined application process and would allow the USPTO to charge set fees for all apps. The revenue generated from these fees would go directly to a capped reserve fund, allowing the office to retain the lion’s share of the money, rather than funneling much of it to Congress, as had become the norm.

Supporters say this extra revenue will give the USPTO more power to chip away at its backlog of some 700,000 patent applications, while a new third-party challenge system will help eliminate patents that should’ve never received approval in the first place. Opponents, meanwhile, criticized the bill for not eliminating fee diversion altogether (an amendment that would’ve placed more severe restrictions was ultimately killed, for fear that it would jeopardize the bill’s passage), with Washington Democratic Senator Maria Cantwell questioning the legislation’s impact on small businesses, calling it “a big corporation patent giveaway that tramples on the rights of small inventors.” But Senator Patrick Leahy, a Vermont Democrat who sponsored the bill, argued that yesterday’s approval marks a major and historic inflection point in US patent policy:

The creativity that drives our economic engine has made America the global leader in invention and innovation. The America Invents Act will ensure that inventors large and small maintain the competitive edge that has put America at the pinnacle of global innovation. This is historic legislation. It is good policy.

The America Invents Act will now make its way to President Obama’s desk, where it’s expected to receive his signature. For more background on the legislation, check out the links below.

US Senate passes patent system reform bill, Obama expected to sign into law originally appeared on Engadget on Fri, 09 Sep 2011 03:31:00 EDT. Please see our terms for use of feeds.

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Apple wins German injunction against Samsung, Galaxy Tab 7.7 pulled from IFA originally appeared on Engadget on Sun, 04 Sep 2011 05:27:00 EDT. Please see our terms for use of feeds.

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A judge in The Hague just issued a ruling in Apple’s patent infringement case against Samsung, prohibiting “the marketing of Samsung smartphones Galaxy S, S II and Ace for violation of Apple Inc. EP 2,059,868.” In an official press release, the court explains that The Hague judge ruled to “ban trading of Samsung smartphones Galaxy S, S II and Ace,” adding that Samsung also violated other did not violate Apple patents with its Galaxy Tab 10.1 and 10.1v. The judge determined that Samsung violated patent 2,059,868, which deals with “method of scrolling,” but did not infringe 2,098,948 for “recording a flag in connection with multiple screen taps,” or 1,964,022, which relates to dragging a slider to unlock the phone. We haven’t been able to confirm, but from an online translation it appears that The ban will remain in effect through begin on October 13th. Hit up the source link for the full 65-page verdict (in Dutch).

Update: A dutch IP attorney has pointed out that the judge has ruled patent 1,964,022 to be null and void, meaning Apple can no longer make claims in the Netherlands based on this patent. The judge also found that Samsung did not infringe on patent 2,098,948. The infringement of 2,059,868 does not affect the Galaxy Tab 10.1. (Correction: the main patent in question is 2,059,868 not 2,058,868.)

Update 2: According to Tweakers.net, Samsung says that it will replace the software that infringes on Apple’s patent (the Gallery application, specifically), which should allow it to continue to sell the phones. Notably, that Gallery application is the standard Android one used in Android 2.3, which also explains why the Galaxy Tab 10.1 is not affected by this ruling. Less clear is what the ruling means for other Android phones that use the same application.

Update 3: Samsung Mobile’s Kim Titus released the following statement:

Today’s ruling is an affirmation that the GALAXY range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our GALAXY smartphones to Dutch consumers. This ruling is not expected to affect sales in other European markets. Samsung has a proud history of innovation in the mobile industry. We will continue our plans to introduce new products and technologies that meet and exceed consumer expectations. And we will defend our intellectual property rights through the ongoing legal proceedings around the world.

[Thanks to everyone who sent this in]

Netherlands judge rules that Samsung Galaxy S, S II violate Apple patents, bans sales (updated) originally appeared on Engadget on Wed, 24 Aug 2011 09:22:00 EDT. Please see our terms for use of feeds.

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There may be more than a few fake Apple Stores in China, but for the moment, Cupertino’s anti-KIRF crusade seems focused squarely on New York City. According to Reuters, Apple has filed a trademark infringement lawsuit against two stores in Queens, alleging that they sold unauthorized cases, headphones and other accessories for the iPhone, iPad and iPod. In the complaint, the company claims that the products in question were all emblazoned with its familiar fruit logo, along with the phrase, “Designed by Apple in California. Assembled in China.” The suit also demands that one of the stores, called Apple Story (seriously), change its name to avoid confusion with the real retail outlet and that both vendors disclose full lists of people who both supplied and purchased the goods.

It all began when company representatives visited the Chinatown-area stores on “multiple occasions over several weeks,” where they bought and examined the items, described in court records as “exact duplicates” of their authentic counterparts. On July 27th, Apple executed a few ex parte seizure warrants, which allowed authorities to seize any goods bearing its logo. US District Judge Kiyo Matsumoto has already granted an injunction to stop the stores from selling the alleged knockoffs, but hasn’t yet decided whether Apple Story will have to change its name. The complaint also seeks undisclosed monetary damages and asks that all existing counterfeit goods be destroyed, though court documents suggest that both sides are close to reaching a deal. Neither Apple nor the defendants have commented on the accusations, but we’ll let you know as soon as we learn more.

In the meantime, check out this KIRF “iPhone 5” we found in Beijing — a Java-powered handset that’s slimmer than the Galaxy S II and a bit laggy, but boasts a multitouch capacitive screen. Asking price? ¥680, or about $106.

Apple cracks down on counterfeit products sold in NYC, files lawsuit against Queens vendors originally appeared on Engadget on Fri, 19 Aug 2011 04:45:00 EDT. Please see our terms for use of feeds.

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