Court rules Stingray use without a warrant violates Fourth Amendment

Today, the Washington DC Court of Appeals overturned a Superior Court conviction of a man who was located by police using a cell-site simulator, or Stingray, CBS News reports. The court ruled that the defendant's Fourth Amendment rights were violated...

Airspace rights still unclear after drone lawsuit dismissed

Where exactly you're entitled to fly your drone in the US without fear of it being blasted out of the sky continues to be a legal gray area, after a judge dismissed another case brought against self-proclaimed "drone slayer" William Merideth. The Ken...

Federal judge throws out evidence obtained by ‘stingray’ trackers

A federal judge has taken a stand against the use of "stingray" -- cell phone baiting surveillance devices used by the police and other government agencies. District Judge William Pauley decided to suppress evidence obtained by the stingray setup, ru...

Judge dismisses Apple vs. Motorola in its entirety, companies unable to prove damages

Judge dismisses Apple vs. Motorola in its entirety, companies unable to prove damages

After tentatively shutting down (and reviving) Apple and Motorola's legal spat, Judge Richard Posner has put the lid on the case once and for all, dismissing it in its entirety this evening. Neither company was able to satisfy the Judge's call for proof of damages, causing him to dismiss the case and block both firms from refiling claims. "It would be ridiculous to dismiss a suit for failure to prove damages and allow the plaintiff to refile the suit so that he could have a second chance to prove damages." Posner said, "This case is therefore dismissed with prejudice; a separate order to that effect is being entered today." Posner's dismissal with prejudice means that Apple and Motorola's claims cannot be brought before the court again. Guess they'll have to find something else to fight over, eh? Check out the Judge's full opinion after the break.

Continue reading Judge dismisses Apple vs. Motorola in its entirety, companies unable to prove damages

Judge dismisses Apple vs. Motorola in its entirety, companies unable to prove damages originally appeared on Engadget on Fri, 22 Jun 2012 20:58:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceThe Verge  | Email this | Comments

HTC drops federal appeal of ITC complaint exonerating Apple, more arrows remain in the quiver

HTC One S international

HTC was understandably upset when its first ITC complaint against Apple was tossed out. The company must have since decided that it has bigger fish to fry, as it was just granted a motion to dismiss its federal-level appeal. The choice isn't a defeat so much as an acknowledgment that other disputes are underway which stand a better chance of surviving scrutiny. As it stands, HTC already has more appeals either on deck or in progress that it will more likely want to pursue, such as the dispute over using Google's patents as well as its off-again, on-again acquisition target S3 Graphics' loss at the ITC last year. Apple, naturally, hasn't been waiting around.

HTC drops federal appeal of ITC complaint exonerating Apple, more arrows remain in the quiver originally appeared on Engadget on Wed, 13 Jun 2012 23:17:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceFOSSpatents  | Email this | Comments

Judge puts the kibosh on one Apple vs. Motorola patent trial (maybe, tune in next week)

Judge puts the kibosh on one Apple vs. Motorola patent trial (maybe, tune in next week)

In an (all too rare, if you ask us) occurrence, US Circuit Judge Richard A. Posner has tentatively decided to dismiss an Apple patent infringement case against Motorola. Both sides were seeking damages in the case, and the decision to dismiss it "with prejudice" would mean neither side could refile these claims again. According to his ruling in U.S. District Court, Northern District of Illinois, neither side could credibly establish its damages so he's putting a stop to things before it ever goes in front of a jury. That said, he will issue a more in depth ruling next week and noted that he could still change his mind. For our sanity alone we hope he does not, although it ultimately won't matter much with so many other smartphone patent lawsuits involving these companies filling up dockets in courts around the globe.

Judge puts the kibosh on one Apple vs. Motorola patent trial (maybe, tune in next week) originally appeared on Engadget on Thu, 07 Jun 2012 21:42:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceBloomberg, Reuters  | Email this | Comments

Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1

Apple's filed for a preliminary injunction (again)

If you found yourself longing for the minor tweaks Samsung made to the Galaxy Tab 10.1 in Germany earlier this year, you may be in luck: Apple's filed for a preliminary injunction against the slate stateside. It isn't the first one, either, Cupertino filed something similar back in February, though it didn't quite pass legal muster. After gaining some headway earlier this week, Cook's crew is in for round two, according to FOSS Patents, asking for Judge Koh to rule in their favor without a new hearing. Concerned consumers, however, can sidestep the whole mess by simply opting for an injunction-exempt Galaxy Tab 2. Details and speculation can be found at the source link below, just in case you aren't already sick to death of the whole Samsung / Apple spat.

Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1 originally appeared on Engadget on Sat, 19 May 2012 02:29:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceFOSS Patents  | Email this | Comments

Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung

Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung

We'll forgive you if you've forgotten, given the myriad Apple/Samsung legal shenanigans, but back in February, Apple attempted to obtain a preliminary injunction against Samsung to prevent the Galaxy Tab 10.1 and a few phones from being sold in the US. Samsung emerged victorious, as the district court denied Cupertino's request because it questioned the validity of a couple of Apple's patents and didn't see how Apple would be irreparably harmed if it failed to get Sammy's products banned. Naturally, Tim Cook's crew appealed that decision, and the Court of Appeals for the Federal Circuit (CAFC) has decided to give Apple another crack at obtaining an injunction. The CAFC upheld the lower court's ruling as to three of the four patents, but found fault with the District Court's holding that Apple's tablet design patent had substantial questions of validity.

Essentially, the lower court held that Apple's patent was likely no good because it was an obvious design in light of two tablets that were created long before Apple patented the iPad's look. However, the CAFC found that one of the previous slate's asymmetrical bezel and lack of an unbroken, all-glass surface (among other differences) were sufficient to render Apple's patent non-obvious. Basically, the appellate court found that the District court "construed the claimed design too broadly," and remanded the issue so that the district court could complete its preliminary injunction analysis. So, Apple's cleared a big hurdle towards getting the Galaxy Tab 10.1 off the US market, but the company's still got to persuade Judge Koh that it'll be irreparably harmed without the injunction. This decision assures even longer legal proceedings, but given how well both of these tech titans are doing these days, we're pretty sure they can afford the attorneys' fees.

Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung originally appeared on Engadget on Mon, 14 May 2012 13:58:00 EDT. Please see our terms for use of feeds.

Permalink Wall Street Journal  |  sourceCAFC ruling (PDF)  | Email this | Comments