Kodak granted reprieve in its ITC battle with Apple and RIM

Kodak scored a small victory this week in its International Trade Commission (ITC) case against Apple and RIM for their devices’ infringement of Kodak’s patent on picture previews. Back in January, an ITC administrative law judge (ALJ) made an initial determination that the patent was invalid and that iPhones and Blackberrys don’t infringe Kodak’s IP. After reviewing the decision per the parties’ request, the Commission changed a few of the ALJ’s patent claim interpretations and remanded the case for fresh analysis regarding both infringement and validity. Kodak, naturally, is painting the remand as a victory, even going so far as issuing a celebratory press release. Such swagger seems a bit premature, however, as the judge could once again find in favor of the crowds from Cupertino and Waterloo. The next Kodak moment isn’t until August 30th, when the ALJ is due to render his ruling. Stay tuned.

Brian Heater contributed to this post.

Kodak granted reprieve in its ITC battle with Apple and RIM originally appeared on Engadget on Sat, 02 Jul 2011 01:41:00 EDT. Please see our terms for use of feeds.

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Google to face €295 million French lawsuit over alleged anti-competitive practices

Google’s legal woes are piling up in a hurry. French search engine 1PlusV is suing El Goog over alleged anti-competitive practices, less than a week after the Federal Trade Commission opened a formal inquiry into similar accusations levied stateside. The suit, set to be filed in a Paris court this week, claims that Google uses its market dominance to bury rival search results while unfairly promoting those for its own services. According to 1PlusV, Google “black-listed” 30 of its vertical search engines between 2007 and 2010, making it difficult for the firm to compete. The company is also complaining about having to adopt Mountain View’s technology in order to use AdSense and, in total, is seeking €295 million (about $418 million) in damages — the largest damage claim Google has ever faced in Europe. 1PlusV operates the legal search group EJustice.fr and, along with Microsoft, helped spur an EU antitrust probe against Google last year. The company says its forthcoming lawsuit represents the “logical” next step in its ongoing antitrust crusade, while Google issued a brief statement, saying it “look[s] forward to explaining this.”

Google to face €295 million French lawsuit over alleged anti-competitive practices originally appeared on Engadget on Tue, 28 Jun 2011 09:33:00 EDT. Please see our terms for use of feeds.

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Apple sues Samsung again for copying the iPhone’s design, this time in South Korea

As if Apple and Samsung’s patent infringement catfight weren’t distracting enough, Apple is recreating the legal spectacle in Samsung’s home country of South Korea. Apple just filed a suit against Samsung Electronics in Seoul Central District Court, with Cupertino alleging that the Samsung Galaxy S copies the third-generation iPhone, according to a report from the online news site, MoneyToday. That closely matches the claims Apple made when it it sued Samsung back in April for “slavishly” copying the iPhone and iPad. Since then, Apple’s expanded its case to include additional Samsung devices, including the Droid Charge, Infuse 4G, Nexus S 4G, Galaxy Tab 10.1, Galaxy S II, and a handful of others. Meanwhile, Samsung has attempted (in vain) to subpoena prototypes of Apple’s next-gen iPhone and iPad. We wouldn’t be surprised if Samsung abandoned its efforts to peek Apple’s forthcoming products, but if this is, indeed, destined to be a case of déjà vu, Samsung might well strike back with a suit of its own.

Apple sues Samsung again for copying the iPhone’s design, this time in South Korea originally appeared on Engadget on Fri, 24 Jun 2011 09:45:00 EDT. Please see our terms for use of feeds.

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Oracle v. Google update: USPTO rejects several patent claims, leaves chinks in Oracle’s IP armor?

Much ink has been spilled about Oracle’s lawsuit against Google for Android’s allegedly unlawful use of Java, and rightfully so, considering Team Ellison’s seeking to take more than a billion dollar chunk out of Google’s bottom line. Just because Oracle’s damage calculations add up to ten figures doesn’t mean that the court will agree with them, however. And, there’s a long legal road to be tread before the court can assign a dollar value to the case — namely it must determine if the patent claims and copyrights are valid and whether Android actually infringes them.

That’s why Google requested the USPTO re-examine the patents asserted by Oracle, as the process gives Google a shot at invalidating them outside the courtroom. It looks like the strategy is paying off, as one of those re-exams recently resulted in a rejection of 17 of the patent’s 21 claims — which reduces the number of claims Oracle can assert in court accordingly. Of course, those four remaining claims plus the 118 contained in the other six asserted patents (should they survive the re-examination process) could still spell doom for the little green bots, but it is a victory, albeit a modest one, for the team in Mountain View. So, Oracle may have a few less IP bullets to fire Google’s way, but it’s still got plenty of other legal ammo left. We’ll keep you posted when next shot’s fired.

Oracle v. Google update: USPTO rejects several patent claims, leaves chinks in Oracle’s IP armor? originally appeared on Engadget on Thu, 23 Jun 2011 22:59:00 EDT. Please see our terms for use of feeds.

Permalink The Register  |  sourceGroklaw  | Email this | Comments

Viacom sues Cablevision over its TV-streaming Optimum for iPad app

A day after Viacom took a break from courtroom battling over Time Warner Cable’s iPad app, the media giant has filed a lawsuit against Cablevision over the Optimum for iPad app. Viacom wants a revised agreement before it sees its content appear on new screens, but Cablevision claims that cable service on the iPad is the same as on any TV. While their lawyers argue over the details you can check out the complaint from Viacom in the PDF linked below, or peruse official statements from both companies after the break.

Continue reading Viacom sues Cablevision over its TV-streaming Optimum for iPad app

Viacom sues Cablevision over its TV-streaming Optimum for iPad app originally appeared on Engadget on Thu, 23 Jun 2011 13:43:00 EDT. Please see our terms for use of feeds.

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Samsung denied preview of iPad 3, iPhone 5 in ongoing Apple infringement suit

A US district judge this week handed Apple a victory in its ongoing legal battle with Samsung, denying the latter its reciprocal discovery request for a peek at prototypes of the upcoming versions of the iPhone and iPad. The request followed a similar one filed by Apple, in order to view Samsung products, including the Galaxy S II, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and Droid Charge. Samsung, for its part, argued that taking an early look at the Apple’s upcoming phone and tablet would be relevant to the legal ruling, seeing as how any changes made in those upcoming products would affect the trade dress (“total product image”) of the line, and thereby potentially alter the possibility of consumer confusion, an important factor in determining infringement with certain unregistered trademarks with the product.

The court denied Samsung’s motion on a number of grounds. For one thing, Apple’s initial complaint pertained to infringement of existing products, parameters deemed legit by the court. Also, the court took into account the fact that Apple tends to be far more tight-lipped about its product releases, whereas Samsung made a point of offering up information about forthcoming products into the public domain, including the release of 5,000 Galaxy Tab 10.1 units as samples to the public. That said, the judge was careful to note that Apple’s suggestion that court protection of its trade secrets was insufficient “is not well taken.” More details after the break.

Continue reading Samsung denied preview of iPad 3, iPhone 5 in ongoing Apple infringement suit

Samsung denied preview of iPad 3, iPhone 5 in ongoing Apple infringement suit originally appeared on Engadget on Wed, 22 Jun 2011 11:37:00 EDT. Please see our terms for use of feeds.

Permalink FOSS Patents  |  sourceScribd  | Email this | Comments

Oracle thinks Google owes it $6.1 billion in damages

When Oracle acquired Sun in 2009 the company got its hands on a lot of desirable technology. While OpenOffice may have fallen by the way side, Oracle isn’t about to let the Java programming language and its associated patents remain untouched if they can generate some additional revenue. In fact, the company is currently in […]

Netflix’s day: Sony movies pulled, new bandwidth options, no more DVD API access and a lawsuit

In an apparent ode to Rebecca Black, Ice Cube and any number of body switch movies, Netflix has had an incredibly active Friday, so sit back while we get you up to speed. Sony Pictures movies from Starz Play are no longer available (on any device, not just the Xbox 360 this time) due to a “temporary contract issue” according to the official blog. According to NewTeeVee, the problem is an “IP distribution cap” that was reached due to Netflix’s explosive growth, but with no word on when the movies will be back, you’ll be missing The Other Guys. Up next was the National Association of the Deaf, which has filed a lawsuit in Springfield, MA against Netflix, claiming that its failure to provide closed captions on all streaming content puts it in violation of the Americans with Disabilities Act. Netflix last claimed 30 percent of titles were subbed with plans to reach 80 percent by the end of the year, but the press release (and captioned YouTube video) make the case that as a leader in streaming video, it should do better.

Netflix also quietly gave US subscribers access to the same bandwidth management options provided to Canadians a few months ago. The new Manage Video Quality settings (shown above) can be found in the Your Account section, and if you’re trying to stay under bandwidth caps or just keep seeing buffering, they should help you out at the cost of a few pixels. As if that wasn’t enough, the Netflix Tech Blog squeezed in news that it was ending access to “DVD-related features” for apps using its Open API later this year. The move is apparently preparation for expanded international streaming, so if you’re trying to manage discs through a third party things may change soon.

Netflix’s day: Sony movies pulled, new bandwidth options, no more DVD API access and a lawsuit originally appeared on Engadget on Fri, 17 Jun 2011 23:29:00 EDT. Please see our terms for use of feeds.

Permalink Hacking Netflix, (2)  |  sourceNetflix Blog, Netflix Tech Blog, NAD  | Email this | Comments

Apple expands patent complaint against Samsung to include more devices

Keeping track of all accusations flying back and forth in the ongoing patent brouhaha between Apple and Samsung? Then we’re afraid you’ll have to update your scorecards again, as Apple has now amended its complaint with some even stronger language than before, and broadened the scope of the devices involved in the suit. According to Apple, the Droid Charge, Infuse 4G, Nexus S 4G, Galaxy Tab 10.1, Galaxy S II and a handful of other Samsung devices are all also infringing on the patents in question, which now total eight in all (two previously included have been thrown out, but three new ones have been added). As for that stronger language, Apple’s now saying that Samsung “has been even bolder” than other competitors in copying its products, and that it’s created “products that blatantly imitate the appearance of Apple’s products to capitalize on Apple’s success.” Hit the source link below for FOSS Patents’ complete breakdown of the amendment.

[Thanks, Fayez]

Apple expands patent complaint against Samsung to include more devices originally appeared on Engadget on Fri, 17 Jun 2011 15:02:00 EDT. Please see our terms for use of feeds.

Permalink SlashGear  |  sourceFOSS Patents  | Email this | Comments

Dolby sues RIM over alleged patent infringement, seeks injunction in 7.1 surround

There’s a new patent war brewing on both sides of the Atlantic, now that Dolby has filed a set of lawsuits against RIM. At issue is the audio compression technology RIM uses in its BlackBerry phones and PlayBook tablets. Dolby claims this intellectual property is protected under patents that several other smartphone makers have already licensed, and that RIM should be forced to do the same. The company’s lawsuits, filed yesterday in both the US and Germany, seek financial damages and an injunction that would stop all sales of allegedly infringing products. RIM declined to comment on the suit, but we’ll be sure to keep you posted as the battle unfolds. Head past the break for Dolby’s press release.

Continue reading Dolby sues RIM over alleged patent infringement, seeks injunction in 7.1 surround

Dolby sues RIM over alleged patent infringement, seeks injunction in 7.1 surround originally appeared on Engadget on Thu, 16 Jun 2011 11:23:00 EDT. Please see our terms for use of feeds.

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