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

Microsoft responds to Russian crackdown by extending software licenses to NGOs

Put yourself in Microsoft’s shoes for a second: how would you feel if the Russian government used your product as a pretext for shutting down opposition groups? As you know, that’s exactly what happened in January when an NGO known as Baikal Environmental Wave had its computers confiscated under the pretext of searching for pirated Microsoft software. The group, it seems, is spearheading opposition to the reopening of a paper factory with a history of polluting Lake Baikal — much to the chagrin of a certain Prime Minister Putin. In an attempt to keep this sort of thing from happening in the future (and to clean up its tarnished image), Microsoft has announced that it will provide a unilateral NGO Software License that automatically covers NGOs and media outlets in Russia and other, as yet unspecified, countries, and which will extend until at least 2012. “We want to be clear,” said VP and general counsel Brad Smith. “We unequivocally abhor any attempt to leverage intellectual property rights to stifle political advocacy or pursue improper personal gain.”

Microsoft responds to Russian crackdown by extending software licenses to NGOs originally appeared on Engadget on Tue, 14 Sep 2010 14:26:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceThe New York Times, Microsoft  | Email this | Comments

Microsoft antipiracy efforts caught up in Russian political scandal

Microsoft’s long taken aggressive steps to curb the rampant piracy of its software in Europe, but it seems like things have gotten a little out of hand: a new report in the New York Times today says Russian authorities are using piracy “investigations” as a pretext for seizing computers and other materials from political opponents of the government and news organizations. What’s more, apparently Microsoft is quite supportive of these raids — its lawyers have described the company as a “victim” and pushed for criminal charges. Making matters even worse, Microsoft is also accused of refusing to help targeted groups which have specifically purchased software to avoid being raided — the company has said it’s a matter for the Russian security police.

For its part, Microsoft issued a statement today saying that if their outside investigators “do not comport with professional ethics, anticorruption laws, or Microsoft policies, we terminate our relationship with them” and that the company “will act to ensure due process is followed in antipiracy cases that involve Microsoft products.” Sounds like this story’s going to get even more complicated — we’ll be following it closely.

Microsoft antipiracy efforts caught up in Russian political scandal originally appeared on Engadget on Sun, 12 Sep 2010 17:53:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceNew York Times, Microsoft statement  | 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.

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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

Google agrees to pay $8.5 million to make Buzz privacy lawsuits go away

Remember back when Google’s Buzz social networking app shared user’s private information without their consent? Heck, do you remember Buzz at all? Suffice it to say that some unhappy folks sued, and it looks like they’re about to accept a hefty settlement in place of their day in court. Though no money’s exchanged hands quite yet and a judge has yet to approve, Google’s agreed to drop $8.5 million and “disseminate wider public education about the privacy aspects of Google Buzz” as part of a class-action settlement, according to court documents. While there’s certainly a chunk of dough potentially being doled out here, we have to imagine individual Gmail users won’t be seeing much — most will go to “organizations focused on Internet privacy policy or privacy education” — which makes us wonder if $8.5 million isn’t a small price to pay to get Buzz back into the national news feeds.

In related (or possibly completely coincidental) news, Google took the opportunity today to revamp its master Privacy Policy. Read all about it at our more coverage link, if you’re into that kind of stuff.

Google agrees to pay $8.5 million to make Buzz privacy lawsuits go away originally appeared on Engadget on Sat, 04 Sep 2010 16:44:00 EDT. Please see our terms for use of feeds.

Permalink Search Engine Land, Ars Technica  |  sourceAFP  | Email this | Comments

HP agrees to pay $55 million to settle investigation into illegal kickbacks

The company that kicked Mark Hurd to the curb for financial impropriety has today reported it’ll pay $55 million in a settlement with the US Department of Justice relating to some fiscal delinquency of its own. HP was accused of greasing up the wheels of business, as it were, by throwing cash around to companies who would recommend its services to state procurement agencies. This particular set of allegations related to a federal contract obtained by HP in 2002, and the settlement also extinguishes investigation into whether or not the computer vendor had provided incomplete information to the US government. That’s all well and good, but we have to question the size of these levies. Today’s also the day that HP’s announced a new $800 million supply contract with the US Air Force — would a fine that’s less than a tenth of the contract’s value really deter HP’s entrepreneurial spirit?

HP agrees to pay $55 million to settle investigation into illegal kickbacks originally appeared on Engadget on Tue, 31 Aug 2010 03:01:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceAFP  | Email this | Comments