Dec 12

AT&T asks judge to stay T-Mobile merger court proceedings until January 18th (update: granted)

Posted in: att, lawsuit, merger, mobilepostcross, t-mobile, TMobile, Today's Chili

Just last week, the US Department of Justice indicated its desire to dismiss the lawsuit it filed to stop the union of AT&T and T-Mobile because of Ma Bell’s withdrawal of the merger’s FCC application. It looks like that’s given the telco plenty more issues to ponder, so now it’s asking Judge Huvelle to postpone further antitrust court proceedings until January 18. The folks at AT&T need the extra time to “evaluate all options” and “revise our current transaction to achieve the necessary regulatory approvals” for the merger. Because the DoJ has signed off on AT&T’s petition, it seems likely the court will go along with the plan — as opposed to killing the deal via a case dismissal at the hearing currently scheduled later this week. We’ll have to wait and see if the Judge Huvelle grants the request, but if she does, this much is certain: Ma Bell’s lawyers will be doing more work than merrymaking over the holidays.

Update: It looks like Christmas came early for AT&T&T, as the New York Times reports that Judge Huvelle has granted the stay.

Continue reading AT&T asks judge to stay T-Mobile merger court proceedings until January 18th (update: granted)

AT&T asks judge to stay T-Mobile merger court proceedings until January 18th (update: granted) originally appeared on Engadget on Mon, 12 Dec 2011 15:23:00 EDT. Please see our terms for use of feeds.

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Nov 01

Zediva ordered to permanently shut down operations, pay $1.8 million to MPAA

Posted in: hdpostcross, Law, lawsuit, money, netflix, streaming, Today's Chili, video
The last time we checked in with Zediva, the DVD streaming service was reeling from a court-ordered preliminary injunction that effectively brought its operations to a halt. At the time, the California-based company was still pinning its hopes on the promise of a forthcoming appeal, but those hopes were summarily quashed on Friday, when US District Judge John Walter rendered the injunction permanent. Zediva had previously exposed an apparent loophole in US copyright law, by allowing users to stream movies from physical DVDs located in Silicon Valley. This strategy allowed the firm to offer newly released movies well before other on-demand services, but according to Judge Walter, it was also illegal. Zediva will now have to cease all operations and pay $1.8 million in damages to the MPAA. The defendant has yet to comment on the decision, but MPAA Associate General Counsel Dan Robbins seemed understandably delighted: “This result sends a strong message to those who would exploit the studios’ works in violation of copyright law, on the Internet or elsewhere, and it is an important victory for the more than 2 million American men and women whose livelihoods depend on a thriving film and television industry.”

Zediva ordered to permanently shut down operations, pay $1.8 million to MPAA originally appeared on Engadget on Tue, 01 Nov 2011 15:16:00 EDT. Please see our terms for use of feeds.

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Oct 21

English Court: Top Gear didn’t libel Tesla

Posted in: lawsuit, tesla, Today's Chili
BBC’s Top Gear (it’s like The Engadget Show, but for cars) did not libel Tesla Motors when it reviewed the Tesla Roadster way back in 2008. Jeremy Clarkson’s review showed the super-EV conking out after 55 miles of driving (a quarter of its expected range), suffering brake failures and an engine overheat that Elon Musk’s company flatly denies ever happening. In the High Court, however, Mr Justice Tugendhat said that people could tell the difference between Clarkson’s torturous, heavy-footed “powerrrrrrrrr” driving that goes on at Dunsfold Aerodrome, and the staid manner in which people drive on motorways. Tesla still maintains that the review has damaged its image, which is why it’s also pursuing a claim for malicious falsehood, yet to be decided — and on that bombshell, here’s the original, legally non-libelous review for your enjoyment… goodnight!

Continue reading English Court: Top Gear didn’t libel Tesla

English Court: Top Gear didn’t libel Tesla originally appeared on Engadget on Fri, 21 Oct 2011 03:07:00 EDT. Please see our terms for use of feeds.

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Oct 20

Samsung’s Won-Pyo Hong: Galaxy Nexus wasn’t designed just to skirt Apple patents

Posted in: Android, Apple, breaking news, lawsuit, legal, mobile, mobilepostcross, patent, samsung, Today's Chili

Well, so much for that. Samsung’s Executive Vice President of Product Strategy — Won-Pyo Hong — didn’t say a whole heck of a lot on stage here at AsiaD, but he did clarify one thing near the end of his interview: he has ‘no idea’ where those earlier rumors came from. With “those rumors” regarding the matter of designing the Galaxy Nexus specifically to avoid patent troubles with Apple. According to Dr. Hong, the actual development of the Galaxy Nexus started with Google before the initial lawsuit hammer fell between the two outfits, making it impossible for the suits being flung back and forth today to have any impact on that decision.

We believe it. These phones are designed months — if not years — in advance, and the actual process from concept to shipping takes a relative eternity. Furthermore, the original source (linked in More Coverage) only tied the quotes from Sammy’s Shin Jong-kyun loosely to the Galaxy Nexus, and we’re guessing that Samsung takes a look at all potential legal implications before shipping any product. In other words, the company’s probably doing everything it can — including paying Microsoft for every single Android device sold — to avoid these nasty legal battles, but the Galaxy Nexus wasn’t engineered just to sidestep another fight with the lawyers in Cupertino. And now you know.

Update: In response to a question from Joanna Stern regarding Samsung’s rethinking of hardware and software (mainly TouchWiz) in order to lessen its chances of being sued in the future, Dr. Hong did muster a very vague affirmation that a newer build of TouchWiz will eventually surface, and that it’ll almost certainly be tweaked in a way that’ll cause Apple’s lawyers to salivate less.

Samsung’s Won-Pyo Hong: Galaxy Nexus wasn’t designed just to skirt Apple patents originally appeared on Engadget on Thu, 20 Oct 2011 05:08:00 EDT. Please see our terms for use of feeds.

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Oct 17

ITC judge says Apple did not infringe on HTC’s patents in initial case, more rulings still to come

Posted in: Apple, HTC, lawsuit, mobilepostcross, patent, patents, Today's Chili

HTC has since lodged some additional patent infringement complaints with the International Trade Commission, but an ITC judge has now ruled on HTC’s first complaint against Apple from back in May of 2010, finding no violation of the patents in question on the part of Apple. As FOSS Patents notes, however, the ruling hardly puts an end to the dispute between the two companies, and HTC certainly seems to be in it for the long haul. Its general counsel told CNET that “this is only one step of many in these legal proceedings,” and that, “we are confident we have a strong case for the ITC appeals process and are fully prepared to protect our intellectual property.”

ITC judge says Apple did not infringe on HTC’s patents in initial case, more rulings still to come originally appeared on Engadget on Mon, 17 Oct 2011 13:49:00 EDT. Please see our terms for use of feeds.

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Oct 14

Dutch court turns down Samung’s request to block Apple products

Posted in: Apple, Law, lawsuit, mobilepostcross, patent, samsung, Today's Chili
There’s still no further word on Samsung’s recent attempt to block sales of the iPhone 4S in France and Italy, but the company’s now been dealt a blow in its similar efforts in the Netherlands. According to Reuters, a Dutch court has turned down Samsung’s request for a ban on certain Apple products, and rejected claims that they infringe on Samsung’s patents (it’s also rejected Apple’s counterclaims in the case). The particular patents in question here are not related to software or the design of the devices, as in other cases, but rather their 3G capabilities, which Samsung had claimed Apple was infringing on with the various iterations of the iPhone and iPad.

[Thanks to everyone who sent this in]

Dutch court turns down Samung’s request to block Apple products originally appeared on Engadget on Fri, 14 Oct 2011 10:27:00 EDT. Please see our terms for use of feeds.

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Oct 12

Apple granted injunction against Samsung in Australia, no Galaxy Tab 10.1s allowed in the land of Oz

Posted in: Apple, GalaxyTab, Law, lawsuit, legal, patent, patents, samsung, Today's Chili

Among the many battlegrounds in the legal spat between Samsung and Apple, the case filed down under has had some of the most action. Just over a week ago, Apple wanted nothing to do with Samsung’s attempt to settle the suit. Today, the crowd in Cupertino is glad that they rebuffed Sammy’s overtures, because the Federal Court in Australia granted Apple’s injunction barring the Galaxy Tab 10.1 from appearing in Aussie stores. That means that Sammy’s svelte slate will not be for sale (legally, anyway) in Australia unless it can convince the court that its tablet doesn’t infringe Apple’s patents at trial. You’ve won this battle, Apple, time will tell if you win the war.

Apple granted injunction against Samsung in Australia, no Galaxy Tab 10.1s allowed in the land of Oz originally appeared on Engadget on Wed, 12 Oct 2011 22:18:00 EDT. Please see our terms for use of feeds.

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Oct 12

Samsung modifies Galaxy smartphones to satisfy Dutch court, plans to resume sales soon

Posted in: Apple, AppleIphone, breaking news, BreakingNews, galaxy, GalaxyS, GalaxyTab, ipad, iPhone, Law, lawsuit, legal, mobilepostcross, patent, samsung, slate, smartphone, tablet, Today's Chili

Earlier this summer, a judge in The Netherlands ruled to ban sales of Samsung Galaxy S, S II and Ace smartphones, stating that the devices violated an Apple patent which deals with a “method of scrolling.” Well, nearly two months have passed, and Samsung is just now getting around to releasing “upgraded” versions of the affected devices, presumably implementing a non-infringing scroll tool. A Samsung spokesman told Reuters that the three phones will “shortly be available for sale,” neglecting to provide an exact release date — so we wouldn’t suggest lining up to get your Galaxy S II fix just yet. This small victory is only the latest in the Apple / Samsung lawsuit saga, which has created quite a stir in a handful of courts around the world. We have yet to hear about a solution to the Galaxy Tab 10.1 ban in Australia, for example, where fingers are being pointed in every direction.

Samsung modifies Galaxy smartphones to satisfy Dutch court, plans to resume sales soon originally appeared on Engadget on Wed, 12 Oct 2011 08:39:00 EDT. Please see our terms for use of feeds.

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Oct 05

Samsung looks to block iPhone 4S sales in France, Italy

Posted in: Apple, europe, iPhone, iphone 4s, Law, lawsuit, minipost, mobilepostcross, patent, samsung, Today's Chili, Wireless
Not exactly a shocking development here, but Samsung has just announced that it’s looking to block sales of the iPhone 4S throughout France and Italy, opening up yet another frontier in its ongoing patent war with Apple. In a statement, the company confirmed that it will file two preliminary injunction requests in Paris and Milan today, on the grounds that Cupertino’s new handset infringes upon two patents related to WCDMA standards for 3G-enabled devices. And it looks like this could only the beginning, with the manufacturer stating that it plans to pursue similar actions in other countries, as well. “Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology,” reads Samsung’s statement. “We believe it is now necessary to take legal action to protect our innovation.” Apple has yet to comment on the filings, but we’ll be following the drama very closely.

Samsung looks to block iPhone 4S sales in France, Italy originally appeared on Engadget on Wed, 05 Oct 2011 05:41:00 EDT. Please see our terms for use of feeds.

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Oct 04

Apple rejects Samsung’s settlement offer in Australia, seeks to ‘maintain the status quo’

Posted in: Apple, business, ipad, ipad 2, Ipad2, Law, lawsuit, money, patent, samsung, Today's Chili

“Thanks, but no thanks.” That’s essentially what Apple told Samsung today, in rejecting an offer to end their ongoing patent dispute in Australia. Samsung’s proposed settlement, presented on Friday, would’ve allowed the manufacturer to sell its Galaxy Tab 10.1 within Australia as early as this week, despite Apple’s contention that the tablet infringes upon a handful of its patents. The agreement would’ve also resulted in a speedy court decision, but today, Cupertino told an Australian court that the proposal was simply unacceptable. “It is one we don’t accept and there is no surprise,” Apple attorney Steven Burley told reporters. “The main reason we are here is to prevent the launch and maintain the status quo.” Samsung’s lawyers, meanwhile, acknowledged that the rejection now lessens the chances for any settlement at all, arguing that a truce “is not going to be achievable… given the positions advanced by each party,” and that the litigation may extend well into 2012. One of the Samsung’s attorneys, Neil Young, added that his client isn’t in a rush to conclude the dispute, speculating that it may take until March to prepare its defense. “If we can’t get a decision out by mid-October, there is no urgency,” Young explained. Neither Samsung nor Apple have offered official comment on today’s developments, but we’ll keep you abreast of the latest.

Apple rejects Samsung’s settlement offer in Australia, seeks to ‘maintain the status quo’ originally appeared on Engadget on Tue, 04 Oct 2011 04:16:00 EDT. Please see our terms for use of feeds.

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