Tag Archives: injunction

HTC insists Nokia’s injunction won’t affect the One’s current stock, new mics in the works

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HTC Nokia's injunction doesn't apply to the One

In an email to press, HTC took the opportunity to make a few clarifications about the injunction filed by Nokia this week regarding the dual-membrane microphone in the One. The preliminary injunction claims that the high-amplitude mic, which HTC uses in its flagship device, was supposed to be manufactured exclusively for the Finnish company (and currently used in the Lumia 720). If you've been wondering how this particular action would affect sales of the high-end HTC handset, spokespeople assure us that it's business as usual for the company. According to its official statement, the One is not the actual target of any injunction in The Netherlands -- in actuality, the legalities of the matter are apparently only between Nokia and STMicroelectronics, the supplier of the component in question.

HTC tells us that Nokia's attempts to institute a recall of the One failed; since the products were purchased in good faith, the ruling states that HTC can continue to use microphones that are in its inventory. Despite having a history rich in manufacturing delays, we're told that this legal ruling will have no effect on the One's availability. The Taiwanese phone maker plans a transition to "improved microphone designs" as soon as its current stock of STM supplies has been exhausted, a move which HTC claims will be transparent to consumers. Head below to see the full statement.

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Nokia’s co-developed high-amplitude mics retain 10-month exclusivity, HTC has to look elsewhere (updated)

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Nokia's injunction yesterday has now been made a little more concrete. The Amsterdam district court has handed down a 10-month ban on STMicroelectronics selling its high-amplitude mics to anyone other than the Finnish phone maker. The same dual-membrane microphone is used in both the Lumia 720 and the HTC One, but Nokia (which co-developed and designed the component) had signed a 12-month exclusivity deal with the chipmaker -- a deal that STMicroelectronics apparently thought was only six months long.

According to All About Phones NL, the ruling won't halt sales of One devices already out there, with the court stating that HTC was "blameless" and that it couldn't have known about the contract between Nokia and STMicroelectronics. In short, you'll still be able to buy HTC's flagship in the Netherlands with those dual high-amp mics in tow -- at least for now. We've reached out to both companies for comment, but it's shaping up to be another parts supply woe for HTC's new smartphone.

Update: We've just heard from HTC on this, and its response is largely the same as yesterday's:

"HTC is disappointed in the decision. We are consulting with STM and will decide whether it is necessary to explore alternative solutions in due course. In the meanwhile, we do not expect this decision to have any immediate impact on our handset sales."

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Via: All About Phones NL

Source: Amsterdam District Court filing

Nokia granted preliminary injunction against HTC in the Netherlands over high-amplitude mics

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Nokia granted injunction against HTC in the Netherlands over highamplitude mics

Don't worry, this time it's not a patent issue. However, it is more bad news for HTC's already-delayed One. Nokia has been granted an injunction by the Amsterdam district court concerning the technology HTC used in its current flagship. The legal battle involves a pair of high-amplitude mics housed within One's aluminum body, which are apparently the same dual-membrane components that Nokia's used in its recent Lumia 720, seen above.

The Finnish company recently applied for a preliminary injunction, pointing the finger at ST Microelectronics, which is responsible for manufacturing the mic for both Nokia and HTC. According to our source, the issue is likely to be a breach of an NDA between Nokia and ST Electronics, as the phone maker asserts that the "microphone components [were] invented by and manufactured exclusively for Nokia." We're still hearing new details and will update as we learn more. We've also reached out to HTC for comment. For now, you can read up on Nokia's statement following the court's decision, embedded after the break.

Update: HTC has offered up an official statement in response to the injunction: "HTC is disappointed in the decision. We are considering whether it will have any impact on our business and we will explore alternative solutions immediately."

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Nokia obtains injunction on HTC in Germany over battery saving wireless technology

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Last May Nokia announced a serious patent offensive against several companies, one of which is HTC. According to FOSS Patents, today a German court awarded Nokia a patent injunction based on power saving technology it has patents for, and it claims is infringed upon by Qualcomm chips used in HTC's phones. While some of its other cases in Germany were stayed or dismissed, this ruling could be used by Nokia against HTC even during a potential appeal. We'll see if this is resolved in the courtroom or by some sort of license agreement, in the meantime we've contacted both companies for more information on the latest round of patent lawsuit bingo.

Update: Nokia has responded, mentioning that it has 30 other patents asserted against HTC in the US, UK and Germany, with a US case scheduled to start in two months. You can read its response in full after the break.

Update 2: HTC tells us that its German business will not be affected by the ruling, and that its newer handsets do not use the technology in question. You can also read their statement in full after the break.

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Source: FOSS Patents

LG Display drops injunction request on Galaxy Note 10.1, seeks ‘alternative solution’ with Samsung

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LG Display drops injunction request on Galaxy Note 101, seeks 'alternative solution'

A patent struggle between LG Display and Samsung Display kicked off late last year when the latter filed a lawsuit claiming its counterpart had stolen technology secrets tied to the production of OLED screens. In turn, LG threatened its own injunctions and the fight was on but now it may be moving towards a resolution. After rumors indicated the two were trying to talk it out a few days ago Samsung Display dropped its injunction request, and now LG has responded in kind. After dropping its request for an injunction preventing the sale of Samsung's Galaxy Note 10.1 in South Korea, LG Display says it is seeking a resolution "through an amicable negotiation" -- you can read the official statement in full after the break. With any luck, these two will have hugged it out by the time their latest round of devices are ready to ship, and we can enjoy our HDTVs, phones and tablets in peace.

Show full PR text

LG Display [NYSE: LPL, KRX: 034220], a leading innovator of display technology, announced today that it has withdrawn its request for a preliminary injunction in connection to Galaxy Note 10.1 against Samsung Electronics and Samsung Display from the Seoul Central District Court of Korea.

LG Display seeks to stop the consuming dispute with Samsung and to continue its promotion of fair competition. Based on the firm belief that a patent should be fairly assessed as a product of innovation, LG Display seeks an alternative solution through an amicable negotiation with Samsung to clarify the respective rights and duties of each party and analyze the proper value of the patents.

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Samsung Display drops injunction request against LG Display, moves closer to OLED peace

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While actual peace is suddenly in some doubt in the region, Korean display makers LG Display and Samsung Display have moved a step closer to resolving their legal issues. Yonhap News reports that Samsung has dropped a request to block LG's products based on the use of its confidential OLED tech. LG responded by trying to ban several Galaxy phones and tablets, however just a few days ago it was reported that the two are meeting behind closed doors to work out the disagreements. If they can come to an agreement, let's hope that spirit of goodwill can extend to nuke wielding world leaders and tech giants alike.

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Source: Yonhap News

LG wants the Samsung Galaxy Note 10.1 terminated, says it breaches viewing angle patents

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LG wants the Samsung Galaxy Note 101 terminated, says it breaches viewing angle patents

When Samsung came swinging with allegations of OLED patent infringements and corporate theft, LG promptly counter-sued. Samsung then escalated by broadening its list of patent complaints, forcing LG to do what any dignified electronics brawler would have to do: file for a retaliatory injunction against the "sale, manufacture and importation" of one of Sammy's products. The device at stake today is the unsuspecting Galaxy Note 10.1, which has no direct rival among LG's current product range but which is claimed to have breached three LG display patents concerning the improvement of viewing angles. For its part, Samsung is dismissing the attack as "unjustified" and doesn't seem overly concerned by LG's demand for damages -- nothing less than a billion won ($1 million) for each day the Note 10.1 continues to be made and sold.

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Via: FOSS Patents

Source: Dow Jones

Judge Koh lifts Galaxy Tab 10.1 sales injunction following Court of Appeals remand

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Judge Koh lifts Galaxy Tab 101 sales injunction following Court of Appeals remand

A legal standoff ended today, as Judge Lucy Koh has dissolved the sales injunction against the Galaxy Tab 10.1 after Samsung's appeal had been remanded to her by the Court of Appeals for the Federal Circuit. Judge Koh's decision is based on the jury's findings in Apple v. Samsung that the Galaxy Tab 10.1 didn't infringe on Apple's D'889 patent. If you'll recall, the judge had previously denied Samsung's motion to dissolve the injunction, having cited a lack of jurisdiction while the case was in front of the appeals court. Unsurprisingly, she decided to approve the motion once the case was kicked back to her courtroom. Whether we see the Galaxy Tab 10.1 hit the ban list again following the December 6th hearing remains to be seen, but in the meantime, perhaps you can kick back and enjoy the eye of the storm.

Update: In related courtroom drama, Samsung has filed the initial courtroom documents that assert the iPhone 5 infringes on its patents. At least the company is good for its word. [Reuters]

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Judge Koh lifts Galaxy Tab 10.1 sales injunction following Court of Appeals remand originally appeared on Engadget on Mon, 01 Oct 2012 22:23:00 EDT. Please see our terms for use of feeds.

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US Appeals court rules Motorola can’t enforce injunction against Microsoft in Germany… again

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US court rules Motorola can't enforce German injunction against Microsoft, keeps the Xbox 360s flowing

In another face of the ever turning world of patent battles, Reuters reports Microsoft has snagged a victory over Motorola as the 9th US Circuit Court of Appeals ruled in its favor today. Motorola had obtained an injunction in Germany against Microsoft products -- including the Xbox 360 and Windows 7 -- based on its h.264 patents back in May, but today the court upheld a previous decision putting enforcement on hold because of Microsoft's existing lawsuit against Moto for breach of contract. Microsoft's push to leverage its patents into licensing payouts from manufacturers of Android devices have seen the two at each other's throats since at least 2010, when the folks from Redmond lodged an ITC complaint over nine patents and followed up with another suit accusing Motorola of charging unfair license fees for its patents. Motorola fired back with its own pair of lawsuits -- all of this a year before we heard it would be acquired by Google -- and the battle was on. Whether or not this moves us any closer to any resolution remains to be seen, but at least Bavarian gaming consoles are safe, for now.

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US Appeals court rules Motorola can't enforce injunction against Microsoft in Germany... again originally appeared on Engadget on Fri, 28 Sep 2012 19:22:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceDan Levine (Twitter), Reuters  | Email this | Comments

Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction

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One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.

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Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction originally appeared on Engadget on Fri, 28 Sep 2012 15:16:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceFOSS Patents  | Email this | Comments