Google responds to Oracle’s Android patent lawsuit, we break it down

It’s been just over a month and a half since Oracle first sued Google for infringing various Java-related patents in Android, and the big G’s just filed its official response to the lawsuit after calling it “baseless.” For the most part, it’s a pretty standard answer to a patent complaint: Google says Android doesn’t infringe any of Oracle’s patents, and even if it does, those patents are invalid and / or unenforceable for a variety of reasons anyway, so, you know, shove it. That’s basically all Google — or any patent defendant — needs to say in the answer, and if that was it, we’d just note it and move on with our lives. But we were struck by the factual background section, which reads to us like Google’s geared up for war: it basically accuses Sun and Oracle of not playing fair when it comes to Java’s open-source license situation and directly implies that parts of Android are based on code that might require a patent license. It’s a little wonky, but let’s break it down:

Continue reading Google responds to Oracle’s Android patent lawsuit, we break it down

Google responds to Oracle’s Android patent lawsuit, we break it down originally appeared on Engadget on Tue, 05 Oct 2010 16:33:00 EDT. Please see our terms for use of feeds.

Permalink All Things Digital  |  sourceAnswer (PDF)  | Email this | Comments

Apple loses, challenges patent verdict surrounding Cover Flow and Time Machine

Remember that one random company who sued Apple back in March of 2008 for ripping off its display interface patents? Turns out it was filed in the Eastern District of Texas, a hotbed for patent trolls who know that they stand a better-than-average chance of winning simply because of where their issues are being taken up. Sure enough, Cupertino’s stock of lawyers is today being forced to challenge a loss after a jury verdict led to Apple being ordered to pay “as much as $625.5 million to Mirror Worlds for infringing patents related to how documents are displayed digitally.” Ouch. Naturally, Apple has asked U.S. District Judge Leonard Davis for an emergency stay, noting that there are issues on two of the three; furthermore, Apple has claimed that Mirror Worlds would be “triple dipping” if it were to collect $208.5 million on each patent. In related news, the Judge is also considering a separate Apple request (one filed prior to the verdict) to “rule the company doesn’t infringe two of the patents” — if granted, that would “strike the amount of damages attributed to those two patents.” In other words, this whole ordeal is far from over. We can’t say we’re thrilled at the thought of following the play-by-play here, but this could definitely put a mild dent in Apple’s monstrous $45.8 billion pile of cash and securities. Or as some would say, “a drop in the bucket.”

Apple loses, challenges patent verdict surrounding Cover Flow and Time Machine originally appeared on Engadget on Mon, 04 Oct 2010 14:14:00 EDT. Please see our terms for use of feeds.

Permalink Apple Insider  |  sourceBloomberg  | Email this | Comments

Microsoft files ITC complaint against Motorola over alleged Android-related patent infringement

Wireless companies love suing one another — well, maybe they don’t “love” it, but in an age when it’s virtually impossible to assemble a cellular device without extensive licensing agreements in place, it’s basically an inevitability. Microsoft has hit up the ITC over a total of nine alleged patent infringements by Motorola in its Android devices, specifically relating to “synchronizing email, calendars and contacts, scheduling meetings, and notifying applications of changes in signal strength and battery power.” This should be interesting — will it result in a quick cross-licensing agreement, or a protracted court battle spanning multiple years? Hard to say, but in the meantime, follow the break for Microsoft’s brief press release.

Continue reading Microsoft files ITC complaint against Motorola over alleged Android-related patent infringement

Microsoft files ITC complaint against Motorola over alleged Android-related patent infringement originally appeared on Engadget on Fri, 01 Oct 2010 14:44:00 EDT. Please see our terms for use of feeds.

Permalink   |   | Email this | Comments

NVIDIA reaches settlement in class action suit affecting Apple, Dell, HP laptops

Some folks may have long forgotten about the issue by now, but anyone that was hit by those defective NVIDIA GPUs a couple of years back will likely want to take notice — the company has finally reached a settlement in the class action lawsuit spurred on by the issue, and anyone with an affected Apple, Dell or HP laptop is eligible for some form of compensation. In the case of Apple and Dell laptops, that includes a replacement of the GPU or MCP, while users of an affected HP laptop will actually get a full replacement laptop “similar in kind and value.” Anyone that has already paid to have their laptop repaired due to the GPU issue is also entitled to a full reimbursement provided they have the necessary documentation for the repairs. Even if you are covered, however, you’ll still have to wait a bit longer to actually get any compensation — a final hearing is scheduled for December 20th, and claims will only begin sometime after that. In the meantime, be sure to hit up the source link below for the complete details, including a list of all the models affected.

[Thanks to everyone who sent this in]

NVIDIA reaches settlement in class action suit affecting Apple, Dell, HP laptops originally appeared on Engadget on Thu, 30 Sep 2010 12:55:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceNVIDIA settlement  | Email this | Comments

Apple sues HyperMac battery maker for using patented MagSafe and iPod connectors without approval

Most Mac-wielding Engadget editors have had huge crushes on their HyperMac batteries ever since Apple moved to sealed-in MacBook Pro cells across the line, but there’s a chance the party is over: Cupertino filed a patent-infringement lawsuit against HyperMac manufacturer Sanho earlier this month, claiming that it’s using the patented MagSafe power connector and 30-pin iPhone / iPod dock connector without a license. Ouch. What makes this all the more interesting is that Sanho’s always said it’s using original Apple MagSafe connectors, which would theoretically defeat Apple’s patent claims — once a patent holder sells a product that contains a patented technology, it can be difficult to claim that the patent is being infringed by the use of that product, even if there’s modification involved. (Legal nerds might want to look up “patent exhaustion” here.)

The iPod connector claims might be a little easier for Apple, since we don’t know if Sanho’s using original parts in those cables — and whatever savings it might have accrued by using knockoff connectors are probably going to be wiped out by the costs of this lawsuit. If we had to guess, we’d say Apple’s simply unhappy that Sanho hasn’t joined the lucrative Made for iPhone / Made for iPod / Made for iPad licensing programs that govern use of the connector, and that the MagSafe claim is just additional ammunition to force a settlement — we’ll see what happens, but we’d predict things come to a quick end once Sanho’s lawyers send in the first bill.

Apple sues HyperMac battery maker for using patented MagSafe and iPod connectors without approval originally appeared on Engadget on Wed, 22 Sep 2010 00:48:00 EDT. Please see our terms for use of feeds.

Permalink AppleInsider  |  sourceComplaint (PDF)  | Email this | Comments

HP and Oracle kiss, make up, agree that Mark’s better off with Larry

Guess it wasn’t “virtually impossible” for Oracle and HP to work together after all — the two companies have settled their little tiff over disgraced former HP CEO Mark Hurd. According to the statement we just received, Oracle and HP have “reaffirmed their long-term strategic partnership” and have decided that ol’ Mark can “protect HP’s confidential information while fulfilling his responsibilities at Oracle.” Mark will also visit HP every other weekend and attend at least 50 percent of its Little League games. Honestly, we’re kind of sad this is over, since that means Larry Ellison won’t have any reason to call everyone “idiots” anymore.

On second thought, he’ll probably figure something out.

Update: Our friend Kara Swisher at All Things Digital reports that Mark’s given up the $30-40m worth of stock options he got in his severance from HP. Sad… until you realize he gets to keep at least $12m in cash and work for Oracle directly competing with the company that ran him out of town. Nice.

Continue reading HP and Oracle kiss, make up, agree that Mark’s better off with Larry

HP and Oracle kiss, make up, agree that Mark’s better off with Larry originally appeared on Engadget on Mon, 20 Sep 2010 17:23:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceBusinesswire  | Email this | Comments

Skyhook: Google forced Motorola to drop our location service, delay the Droid X

We figured Skyhook’s business interference and patent infringement lawsuits against Google would turn up some dirt, and we didn’t have long to wait: the location-services company’s complaint flatly alleges that Google’s Andy Rubin ordered Motorola’s Sanjay Jha to “stop ship” on the Droid X because it used Skyhook’s XPS positioning system instead of Google Location Services, a tiff that ultimately delayed the phone’s release while Moto reworked the software and dropped Skyhook entirely. Following that, Skyhook claims that Google then went after an unidentified “Company X” (likely Samsung) and forced it to drop XPS as well — which would certainly explain why Samsung’s Galaxy S phones have WiFi positioning turned off by default, unlike every other Android phone. Ouch.

If you’re thinking that makes no sense because Android is “open,” well, you might have another think coming — Skyhook claims that Google’s decisions to allow access to Android Market and its branded apps are an entirely subjective ruse based on something called the Compliance Definition Document, which can be “arbitrarily” interpreted any way Google wants with no recourse. Skyhook says that Google has now told Android OEMs that they’re required to use Google Location Services, preventing Skyhook from fulfilling its contracts and costing the company millions in expected royalties.

Now, this is Skyhook’s side of the story and we’re sure Google will make a persuasive argument of its own, but let’s just back up for a moment here and point out the obvious: Google’s never, ever come out and clearly said what’s required for devices to gain access to Android Market and the branded apps like Gmail — even though we’ve been directly asking about those requirements since Android first launched. Remember when Andy Rubin told us that there would be full-fledged “Google Experience” phones with no carrier or handset manufacturer limitations? Or when we were told that phones with skins like HTC Sense or additional features like Exchange integration wouldn’t have Google branding? And then all of that turned out to be a lie? Yes, Android might be “open” in the sense that the source code is available, but there’s no doubt Google’s wielded incredible power over the platform by restricting access to Market and its own apps — power that hasn’t been used to prevent carrier-mandated bloatware or poorly-done manufacturer skinning, but has instead apparently been used to block legitimate competitors like Skyhook from doing business. We’re dying to hear Google’s side of this story and fill in some of the gaps — and you can bet we’re digging as hard as we can for more info. Stay tuned, kids.

Skyhook: Google forced Motorola to drop our location service, delay the Droid X originally appeared on Engadget on Fri, 17 Sep 2010 15:37:00 EDT. Please see our terms for use of feeds.

Permalink Daring Fireball  |  sourceSkyhook Complaint (PDF)  | Email this | Comments

Skyhook sues Google for business interference and patent infringement

You might not know the company by name but you’ve almost certainly taken advantage of Skyhook‘s WiFi location-based services if you’re a smartphone nerd. And let’s face it, as an Engadget reader, you are. Now the company is suing Google for anti-competitive practices and patent infringement claiming that the ad giant used its control over Android to “force device manufacturers” to not only integrate Google’s location technology instead of Skyhook’s “superior end user experience,” but also terminate contract obligations with Skyhook where they existed. Specifically, Skyhook says that Google wielded its power against handset manufacturers by “threatening directly or indirectly to deny timely and equal access to evolving versions of the Android operating system and other Google mobile applications.” Boston-based Skyhook filed two lawsuits after negotiations with Google broke down, a business interference lawsuit filed in the Massachusetts Superior Court and a patent infringement lawsuit filed in the U.S. District Court of Massachusetts. According to Skyhook CEO Ted Morgan, “The message that Android is open is certainly not entirely true. Devices makers can license technology from other companies and then not be able to deploy it.” Meow.

Skyhook sues Google for business interference and patent infringement originally appeared on Engadget on Thu, 16 Sep 2010 04:31:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceGigaOm  | Email this | Comments

Larry Ellison on HP’s Mark Hurd lawsuit: ‘virtually impossible for Oracle and HP to continue to cooperate and work together’

Uh, wow. Oracle CEO Larry Ellison just released a statement in response to HP suing former CEO Mark Hurd for taking a position as Oracle’s co-president, and well, just read it:

Oracle has long viewed HP as an important partner,” said Oracle CEO Larry Ellison. “By filing this vindictive lawsuit against Oracle and Mark Hurd, the HP board is acting with utter disregard for that partnership, our joint customers, and their own shareholders and employees. The HP Board is making it virtually impossible for Oracle and HP to continue to cooperate and work together in the IT marketplace.

Yeah. Homeboy isn’t playing around. Of course, HP’s entire lawsuit hinges on the court agreeing that HP and Oracle are actually direct competitors in the enterprise space, and, as the lawsuit points out, Oracle itself has filed SEC reports saying its hardware and software products “compete directly” with HP and other companies, so perhaps this is all more sound than fury, but at this point we wouldn’t count on a quick settlement putting all this to bed anytime soon.

P.S.- We told you Larry Ellison would say something bonkers again.

Continue reading Larry Ellison on HP’s Mark Hurd lawsuit: ‘virtually impossible for Oracle and HP to continue to cooperate and work together’

Larry Ellison on HP’s Mark Hurd lawsuit: ‘virtually impossible for Oracle and HP to continue to cooperate and work together’ originally appeared on Engadget on Tue, 07 Sep 2010 20:20:00 EDT. Please see our terms for use of feeds.

Permalink   |   | Email this | Comments

HP sues former CEO Mark Hurd, doesn’t want him working at Oracle

Hey, remember when HP fired former CEO Mark Hurd for fudging his expense reports in connection with some shady potential hanky-panky surrounding a former marketing contractor? And then gave him a $40-50m severance package that included $12m in straight cash to keep his mouth shut and not sue anyone? And then Oracle CEO Larry Ellison called HP’s board “idiots” for firing Hurd? Well, over the weekend Larry put his money where his mouth is and hired ol’ Mark as Oracle’s new president, and that seems to have been the last straw for HP — the company just announced that it’s suing Mark Hurd for breach of contract and “threatened misappropriation of trade secrets.”

HP says that Hurd was deeply involved in creating HP’s business plans for the next two years, including specific plans to compete with Oracle in the enterprise market, and that there’s no way Hurd can do his job at Oracle without revealing trade secrets and other confidential information he agreed to keep under wraps when he signed his employment contract with HP. What’s more, he reaffirmed those commitments when he signed his severance package, so that’s a double whammy — and although California is usually pretty hostile to noncompete agreements, HP’s trying to say Hurd violated one of those, too. HP’s asked the court to prevent Hurd from working for Oracle or any other competitors at all, so we’re guessing this one’s going to be a fight — we’ll let you know if Larry Ellison says something bonkers again anything good happens.

P.S.- The WSJ piece linked in More Coverage says there’s no noncompete agreement in play here, but we’re reading the complaint and HP specifically references a protective covenant forbidding Hurd from working for a competitor under certain conditions — that certainly looks like a noncompete clause to us.

HP sues former CEO Mark Hurd, doesn’t want him working at Oracle originally appeared on Engadget on Tue, 07 Sep 2010 14:59:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceHP, Complaint (Scribd)  | Email this | Comments