Apple’s request for preliminary injunction denied, Amazon’s Appstore needs no alias

Remember when Apple sued Amazon, claiming the online retailer was infringing its “App Store” trademark? To stop Bezos and his boys from using the “Appstore” moniker for their Amazonian Android Market, Apple filed for a preliminary injunction last month, and today the judge denied that request. Despite the Cupertino company’s claims of consumer confusion and brand dilution, the court found in Amazon’s favor — in part because the term “app store” is descriptive and is used by plenty of mobile software purveyors. Of course, this doesn’t end the legal shenanigans between these two tech titans, but it does mean that Amazon’s Appstore can keep its incredibly original name… for now. Want the full breakdown why Apple got a judicial stiff arm? Dig into a copy of the order denying its motion in the source link below.

Apple’s request for preliminary injunction denied, Amazon’s Appstore needs no alias originally appeared on Engadget on Thu, 07 Jul 2011 06:43:00 EDT. Please see our terms for use of feeds.

Permalink Reuters  |  sourceOrder [PDF]  | Email this | Comments

HTC acquires S3 Graphics and its prodigious patent portfolio, dares you to sue

Flush with cash, but not a fan of spending it on litigation? We hear you, and apparently so does HTC. The Taiwanese firm announced today it’ll purchase S3 Graphics and its patent portfolio from VIA for a cool $300 million, giving the smartphone maker 265 new weapons in its IP arsenal. Also part of the deal is a perpetual license to the patents’ former owner, so that the chipset manufacturer can keep cranking out silicon without fear of legal reprisal. Given HTC’s competitors recently went on a giant patent shopping spree, we’d surmise that strengthening its warchest is, dare we say, quietly brilliant.

HTC acquires S3 Graphics and its prodigious patent portfolio, dares you to sue originally appeared on Engadget on Wed, 06 Jul 2011 23:06:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourcePC World  | Email this | Comments

Google, MapQuest, Microsoft and Aol sued for allegedly infringing 3D mapping patent

The saga continues for Google’s voyeuristic mapping service, but this time Microsoft Streetside and Aol’s MapQuest 360 View may be the Bonnie to Street View’s Clyde. Transcenic, Inc. is suing the tech giants for acquiring the tools necessary to offer 3D mapping by less-than-legitimate means. The Louisiana-based company alleges that all named parties borrowed, without permission, a bit from a patent it owns on a 3D cartography technology that captures spatial reference images and uses a database to navigate them on command. Google has been in hot water for its maps before, but it no doubt hopes this legal tiff ends as well as its one for trespassing, where it only paid a pack of gum’s worth of damages. If you’re into reading all the current legalese, check out the source for the full complaint. Meanwhile, we’ll find out if Cousin Vinny’s on the case.

[Disclosure: Aol is the parent company of Engadget.]

Google, MapQuest, Microsoft and Aol sued for allegedly infringing 3D mapping patent originally appeared on Engadget on Wed, 06 Jul 2011 05:51:00 EDT. Please see our terms for use of feeds.

Permalink Huffington Post  |  sourcePriorsmart  | Email this | Comments

Microsoft and Wistron come to terms in royalty agreement, Android and Chrome OS now targeted

We’re seeing a heavy surge in Microsoft’s relentless pursuit of licensing deals in light of recent patent-infringement claims. Wistron Corp, a spinoff of Acer, is the latest company to make an agreement with Microsoft in a string of lawsuits and royalty clashes that’s spanned the course of two months. While we’ve seen Android suppliers such as Itronix and Velocity Micro come to agreements with the folks in Redmond, as well as others like Motorola and Barnes & Noble becoming courtroom fodder, this is the first time Chrome OS has been targeted. Wistron’s an ODM (original design manufacturer) that supplies other companies with computers, tablets and e-readers using either Google OS, so it’s not necessarily a surprise that it signed up for the Microsoft lawsuit prevention plan. Scant details are available aside from the fact that royalties will be collected as a result. Now that Chrome is involved, it not only shows that Team Ballmer isn’t backing down, it appears to have even more companies in its crosshairs — we just wonder who’s next on the list. Full (albeit brief) PR after the break.

Continue reading Microsoft and Wistron come to terms in royalty agreement, Android and Chrome OS now targeted

Microsoft and Wistron come to terms in royalty agreement, Android and Chrome OS now targeted originally appeared on Engadget on Tue, 05 Jul 2011 15:56:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceMicrosoft  | Email this | Comments

Apple seeks preliminary injunction on Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1

Drama. Rather than leaving well enough alone — at least long enough for its lawyers to properly enjoy the Independence Day weekend — Apple has seemingly kicked its ongoing legal battle with Samsung up a notch. According to a filing discovered by FOSS Patents, the perturbed in Cupertino have filed a motion for a preliminary injunction with the US District Court for the Northern District of California. Interestingly, the motion hones in on just four devices: the Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1. It’s a pretty bold move on Apple’s part — if this thing holds, and it’s determined that the aforesaid products may well indeed be infringing on Apple’s rights, Sammy could be forced to yank those products from US shelves within a couple of months. If it falls through, however, Apple’s entire case will likely take a serious hit. We’d ponder why everyone can’t just get along, but at this point, we’re guessing the act of forgiveness has become a foreign concept for both parties.

Apple seeks preliminary injunction on Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1 originally appeared on Engadget on Sat, 02 Jul 2011 10:04:00 EDT. Please see our terms for use of feeds.

Permalink CNET  |  sourceFOSS Patents  | Email this | Comments

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.

Permalink Bloomberg  |  sourceITC [PDF]  | Email this | Comments

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.

Permalink   |  sourceBloomberg  | Email this | Comments

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

FTC to put Google under a microscope, try to uncover anti-competitive ways?

Google’s drawn the ire of the Federal Trade Commission before for failing to follow its own privacy policies. Now, however, the Mountain View crew is apparently facing a formal inquiry from the FTC as it seeks information about Google’s search and advertising business. The civil investigative demands are set to be sent out within the next five days, according to the Wall Street Journal, and the commission will be looking into whether Google’s search engine illegally routs all those internet eyeballs scanning its site to its own services instead of those offered by competitors. Sound familiar? It should, because Google’s under investigation for similar anticompetitive accusations made in Europe — somewhere Steve Ballmer is smiling.

FTC to put Google under a microscope, try to uncover anti-competitive ways? originally appeared on Engadget on Thu, 23 Jun 2011 22:26:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceWall Street Journal  | Email this | Comments

Kind of A Dick Move

Photographer and 72-room New York City mansion dweller Jay Maisel successfully chiseled thousands of dollars out of independent (and awesome) Web developer Andy Baio over an iffy copyright infringement claim. It’s outrageous and wrong, and Maisel should be ashamed. More »