German court upholds injunction against Samsung Galaxy Tab 10.1, Apple wins nationwide ban

A German court has weighed in on Apple’s seemingly interminable patent battle against Samsung, and it isn’t looking good for Galaxy Tab users. In a ruling issued today, a Düsseldorf Higher Regional Court upheld last month’s preliminary injunction, banning the sale of the Galaxy Tab 10.1 within Germany. Citing the slate’s “minimalist, modern form,” presiding judge Johanna Brueckner-Hoffmann determined that Samsung’s tablet bears a “clear impression of similarity” with the iPad 2, thereby meriting a nationwide ban. “The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer,” Brueckner-Hoffmann explained, “other designs are possible.” Earlier this week, as you may recall, Apple won a separate injunction against the Galaxy Tab 7.7 in Düsseldorf, though Samsung can still appeal that decision in a lower court. The court stopped short, however, of calling for an EU-wide injunction against the 10.1-inch slate, arguing that “it could only be competent to order a Europe-wide ban for a firm headquartered outside the European Union if this firm has a German subsidiary.” Samsung, meanwhile, plans to appeal the ruling in a higher court, with a company spokesman issuing a now all-too familiar statement: “We are disappointed with this ruling and believe it severely limits consumer choice in Germany.”

German court upholds injunction against Samsung Galaxy Tab 10.1, Apple wins nationwide ban originally appeared on Engadget on Fri, 09 Sep 2011 07:05:00 EDT. Please see our terms for use of feeds.

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Apple sues Samsung in Japan over alleged iPhone, iPad patent violations

It looks like Apple’s patent spat with Samsung has now reached the land of the rising sun. Reuters is reporting that Cupertino is taking the Korean manufacturer to court in Japan, over alleged patent violations pertaining to the iPhone and iPad. Japan’s Kyodo news agency first reported the news, citing unnamed insiders who claim that Apple is looking to halt sales of Samsung’s allegedly patent-infringing Galaxy S smartphones, while seeking ¥100 million (about $1.3 million) in damages. According to the sources, the first hearing was held in a Tokyo District Court on Wednesday, though a court spokesman would not comment on the pending case. Neither Samsung nor Apple have commented on the suit and details on the patents in question remain unclear, but we’ll keep you posted as we find out more.

Update: Ryuji Yamada, CEO of Japanese provider NTT DoCoMo, is now saying that Apple’s lawsuit will not have any effect on next month’s Galaxy Tab launch. “We have heard from Samsung that there will be no obstruction to sales,” Yamada confirmed.

Apple sues Samsung in Japan over alleged iPhone, iPad patent violations originally appeared on Engadget on Thu, 08 Sep 2011 03:53:00 EDT. Please see our terms for use of feeds.

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iCloud Communications drops lawsuit against Apple, decides to change name instead

iCloud Communications seemed mighty confident back in June, when it filed a lawsuit against Apple over the name of Cupertino’s online storage service. But the Arizona-based company has now dropped the suit altogether, opting to change its own name, instead. On Thursday, the VoIP provider filed a notice of voluntary dismissal with a US District Court, effectively bringing an end to litigation. CNET is also reporting that the company appears to have changed its name to Clear Digital Communications — a firm that, according to its Facebook page, is located at iCloud’s exact same Phoenix address. A wall post from last month, moreover, reads, “iCloud is now Clear Digital Communications,” while iCloud’s site, Geticloud.com, now displays a message confirming that “this website is coming soon.” Neither Apple nor the ostensibly erstwhile iCloud have commented on the development, but it certainly looks like the clouds of controversy have cleared away.

iCloud Communications drops lawsuit against Apple, decides to change name instead originally appeared on Engadget on Wed, 07 Sep 2011 12:41:00 EDT. Please see our terms for use of feeds.

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AT&T fires back against Sprint over T-Mobile acquisition suit

Well, that didn’t take long. Sprint today revealed that it has filed a suit against AT&T’s proposed T-Mobile purchase — and now AT&T is hitting back with some less than flattering words. An AT&T spokesperson told Engadget, “this simply demonstrates what we’ve said all along — Sprint is more interested in protecting itself than it is in promoting competition that benefits consumers.” AT&T went on to promise a “vigorous fight” and reiterated that such a merger would ultimately prove beneficial to the industry and consumers, improving wireless service and solving spectrum concerns.

AT&T fires back against Sprint over T-Mobile acquisition suit originally appeared on Engadget on Tue, 06 Sep 2011 17:17:00 EDT. Please see our terms for use of feeds.

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Sprint files suit to stop AT&T / T-Mobile merger

Looks like the US government isn’t the only party looking to stand in the way of AT&T’s proposed acquisition of T-Mobile. Sprint today announced that it has filed suit in federal court in the District of Columbia against AT&T, Deutsche Telekom and T-Mobile. The filing outlines the carrier’s concern that the proposed deal would harm consumers, corporate customers and carriers (such as, you know, Sprint), while transforming AT&T-Mobile and Verizon into a “duopoly.” Of course, this isn’t the first time the carrier has let the world know that it’s not particularly pumped about the whole proposal. See the full litigious press release after the break.

Update: Right on cue, AT&T has fired back with a predictably laughable response.

Continue reading Sprint files suit to stop AT&T / T-Mobile merger

Sprint files suit to stop AT&T / T-Mobile merger originally appeared on Engadget on Tue, 06 Sep 2011 13:05:00 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

Apple’s ongoing patent battle with Samsung has taken yet another twist, now that Cupertino has won an injunction blocking German sales of the recently unveiled Galaxy Tab 7.7. According to FOSS Patents, Samsung pulled its new Android tablet from both the IFA show floor and its German website on Saturday, in compliance with a Friday decision handed down by the same Düsseldorf Regional Court court that banned sales of the Galaxy Tab 10.1 last month. The 7.7-inch slate had previously been on display with a sticker that read “Not for sale in Germany,” but, as we noticed yesterday, all demo models, posters and other promotional materials have since been removed. Samsung spokesman James Chung told Bloomberg that the new injunction “severely limits consumer choice in Germany,” but confirmed that the Korean manufacturer “respects the court’s decision,” and vowed to do everything it could to defend its intellectual property. Details on the ruling remain hazy and Apple has yet to comment, but we’ll let you know as soon as we hear more.

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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Openwave sues Apple and RIM for patent infringement

Add one more to the tally of patent lawsuits involving Apple and RIM. This time it’s Openwave Systems using the license-by-litigation technique, and it’s alleging that multiple devices infringe five of its patents on mobile internet — including offline email access, cloud computing, and secure server access. The company claims that Apple’s iPhone 3G, 3GS and 4, the iPod Touch, both iPads, plus RIM’s Blackberry Curve 9930 and the PlayBook all infringe its IP. Apparently, Openwave initially took the pacifist route to persuade Cupertino and Waterloo to pay up, but when its overtures were ignored, it decided upon more aggressive tactics. As others before it, Openwave wants to fight a two front war in the ITC and federal court, but we’ll have to wait and see if the ITC elects to take up the cause. Armchair attorneys can get a gander at all the juicy details at the source below.

Openwave sues Apple and RIM for patent infringement originally appeared on Engadget on Wed, 31 Aug 2011 14:17:00 EDT. Please see our terms for use of feeds.

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Netherlands judge rules that Samsung Galaxy S, S II violate Apple patents, bans sales (updated)

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.

Permalink   |  sourceRechtspraak (Translated), Ruling (Dutch PDF)  | Email this | Comments

Did Apple shrink the Samsung Galaxy S in Dutch lawsuit filing?


We haven’t had a chance to head on down to The Hague to have a look-see for ourselves, but Dutch tech site Webwereld spotted some more inconsistencies in Apple’s Samsung lawsuit filings. This time the culprit is a shrunken Galaxy S, standing side-by-side with an identically tall iPhone 3G — when in reality the Samsung phone is seven millimeters taller than its Apple counterpart, and slightly wider as well. The image, filed in the Netherlands, is part of an intellectual property suit against Samsung, and came to light just days after accusations that Apple manipulated photos of the Samsung Galaxy Tab 10.1 that it submitted to a German court. While misleading, this latest error isn’t nearly as concerning as last week’s shrunken Tab — which could easily be described as image manipulation, considering that the tablet included in that filing represented an incorrect 4:3 aspect ratio, while the Samsung device has a 16:10 display.

Update: The phone pictured above is the Samsung Galaxy S, not the Galaxy S II.

[Thanks, Florian]

Did Apple shrink the Samsung Galaxy S in Dutch lawsuit filing? originally appeared on Engadget on Fri, 19 Aug 2011 11:02:00 EDT. Please see our terms for use of feeds.

Permalink Computerworld  |  sourceWebwereld (translated)  | Email this | Comments

Did Apple shrink the Samsung Galaxy S II in Dutch lawsuit filing?


We haven’t had a chance to head on down to The Hague to have a look-see for ourselves, but Dutch tech site Webwereld spotted some more inconsistencies in Apple’s Samsung lawsuit filings. This time the culprit is a shrunken Galaxy S II, standing side-by-side with an identically tall iPhone 3G — when in reality the Samsung phone is seven millimeters taller than its Apple counterpart, and slightly wider as well. The image, filed in the Netherlands, is part of an intellectual property suit against Samsung, and came to light just days after accusations that Apple manipulated photos of the Samsung Galaxy Tab 10.1 that it submitted to a German court. While misleading, this latest error isn’t nearly as concerning as last week’s shrunken Tab — which could easily be described as image manipulation, considering that the tablet included in that filing represented an incorrect 4:3 aspect ratio, while the Samsung device has a 16:10 display.

[Thanks, Florian]

Did Apple shrink the Samsung Galaxy S II in Dutch lawsuit filing? originally appeared on Engadget on Fri, 19 Aug 2011 11:02:00 EDT. Please see our terms for use of feeds.

Permalink Computerworld  |  sourceWebwereld (translated)  | Email this | Comments