Tag Archives: litigation

ITC initial determination finds Microsoft doesn’t infringe Motorola peer-to-peer wireless patent

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ITC initial determination finds Microsoft doesn't infringe Motorola peertopeer wireless patent

Microsoft and Motorola's spat in the International Trade Commission started way back in 2010, but it looks like the case may be finally drawing to a conclusion after an initial ruling in Moto's favor was remanded for a second look. Reuters reports that on remand, the presiding administrative law judge reversed his stance in a new initial determination, clearing Microsoft of the remaining infringement charge for patent number 6,069,896 on wireless peer-to-peer technology. In response to this bit of good news, Microsoft VP Corporate VP and deputy general counsel had this to say:

We are pleased with the Administrative Law Judge's finding that Microsoft did not violate Motorola's patent and are confident that this determination will be affirmed by the Commission.

Back in October of last year, Motorola dropped the two WiFi-related patents it had asserted against Microsoft, and in January of 2013 it dropped both of its H.264 related patents from the ITC proceeding. With this latest ruling, it looks like Microsoft will escape from the ITC scott free, though it's not out of the woods yet, as the final call from the full commission won't occur until July. And, of course, Motorola can always take things to the Court of Appeals for the Federal Circuit should it choose to do so. Isn't the system of endless appeals that is the United States judicial system wonderful?

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Via: Reuters

Source: ITC Notice [PDF]

Google ends Street View litigation in the US, agrees to destroy collected data and pay $7 million fine

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Google ends Street View litigation in the US, agrees to destroy collected data and pay $7 million fine

Google's long found itself in hot water where its Street View mapping practices are concerned, running afoul of authorities both in the US and abroad since 2010. But as of today, the search giant's putting an end to its domestic legal woes, agreeing to dole out $7 million to the 37 states and District of Columbia involved in the litigation. In addition, the company's pledged to destroy all of the user information (passwords, emails, etc.) it's thus far collected from unsecured networks -- unlawful snooping it claims was carried out by a "rogue engineer." Google admits to fumbling its dedication to user privacy in this one area and, as part of the settlement, has committed to not only educating its employees on best privacy practices, but to also launch a consumer outreach program addressing these same issues. So, for now, consider this case closed... in the US. Its troubles across the pond are another matter.

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Source: CNet

Japanese court declares Samsung patent invalid in another spat with Apple

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Japanese court declares Samsung patent invalid in another spat with Apple

Weary of the neverending legal back-and-forth between Apple and Samsung yet? No, we're not either (that's a terrible lie), and the latest exciting development comes from a courtroom in Japan, where it was decided Samsung does not hold rights to certain data transmission tech it accused Apple of pinching. So, what are the repercussions? None, really -- the status quo remains unchanged, and Apple can continue selling the products Sammy wanted off the shelf. The Times of India notes that cases in the US and South Korea over the same patent have gone one a piece, meaning Apple is up 2-1 in this particular bout. But, when you've been battling for this long, you've bound to win some, and lose just as many.

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Source: Reuters

Samsung and LG decide to settle OLED patent dispute behind closed doors

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Samsung and LG decide to settle OLED patent dispute behind closed doors

It looks as if Samsung and LG have both taken their fingers away from the red button marked MORE LITIGATION. It's being reported that the pair have come to an agreement to work out their OLED patent issues away from the harsh light of the courtroom. Korea's Yonhap News is claiming that a peace summit was held at a Seoul hotel, with Samsung's Kim Ki-nam saying that the pair will resolve the issues "one by one." Give peace a chance, folks.

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Via: The Next Web

Source: Yonhap News

Amazon gets Apple’s false advertising claim dismissed from trademark infringement lawsuit

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Amazon gets Apple's false advertising claim dismissed from trademark infringement lawsuitIt's been awhile since we last had news from Apple's App Store-based trademark infringement lawsuit against Amazon. Today, Amazon got Apple's claim for false advertising dismissed from that very same case after filing for partial summary judgement. In finding for Amazon, the judge held that Apple failed to identify a single false statement (expressly stated or implied) that Amazon made about the nature, characteristics, or quality of the Amazon Appstore that would deceive customers into thinking it was the same as the Apple App Store -- a legal requirement to establish false advertising under federal law. Not a bad way for Bezos to ring in the new year, eh?

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Via: Bloomberg

Source: Court Order [PDF]

Judge Koh: ‘global peace’ between Apple and Samsung would be ‘good for consumers’

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Judge Koh speaks necessary obvious: 'global peace' between Apple and Samsung would be 'good for consumers'

While Judge Lucy Koh may not pull down the same staggering wage or get as much TV time as that other well-known arbiter, she's just as outspoken in her own courtroom. While presiding yesterday over the neverending story that is Apple v. Samsung, she called for "global peace" between the two. Inciting chuckles from the crowd, she reaffirmed her point: "I'm not joking... it would be good for consumers and good for the industry." Head lawyer for Samsung said the company was "willing to talk," but the opposition wasn't so amicable, claiming that the billion-odd judgment in its favor was a mere "slap on the wrist," and that clear boundaries were necessary for setting a precedent.

Cupertino's camp also attacked Samsung's design decisions, saying they were knowingly taken to the limit of what it could legally get away with, while the Korean manufacturer's team thinks Apple wants to "compete through the courts rather than the marketplace," and was using the courts to conduct a smear campaign. When commenting on the patent rows in a TV interview yesterday, Apple CEO Tim Cook repeated his stance on litigation, but said there was "no other choice," and that "in a perfect world," companies would "invent their own stuff." Sadly, it looks like Judge Koh's plea for resolution won't have much of an impact, but we're with her in thinking: if only this had all played out during a 10-minute segment on daytime TV.

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Source: Financial Times

USPTO has ‘tentatively’ invalidated Apple’s key rubber-banding patent

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FOSS Patents USPTO has invalidated Apple's rubberbanding patent

The US Patent and Trademark Office may have just thrown a wrench into Apple's recent courtroom triumph over Samsung by invalidating one of the patents at the heart of the victory: rubber-banding. We noted at the time that Apple hit a "home run" with that particular IP, as jurors declared that all 21 disputed Samsung devices infringed it, no doubt resulting in a large part of the $1 billion (and counting) owed by the Korean maker. "Claim 19" of patent 7469381, which covers that feature, was invalidated by the USPTO on two counts, both of which were cases of prior art that allegedly existed before Cupertino claimed them. Either one could be enough reason to throw out that part of the patent, according to FOSS Patents, provided that the USPTO's ruling stands up. Either way, Samsung has already brought the new information to Judge Koh's attention -- which might bring about some new action very soon.

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USPTO has 'tentatively' invalidated Apple's key rubber-banding patent originally appeared on Engadget on Tue, 23 Oct 2012 06:57:00 EDT. Please see our terms for use of feeds.

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Apple loses out in UK tablet design case against Samsung

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Remember when a UK judge said that Samsung couldn't have copied the iPad with its Galaxy Tab because it wasn't "as cool" as the iPad? Well, Apple has just lost the High Court appeal to have that decision overturned, meaning that despite the backhanded compliment, it will still have to run adverts in the press stating that the Korean giant had not copied its tablet designs.


[Thanks to everyone who sent this in]

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Apple loses out in UK tablet design case against Samsung originally appeared on Engadget on Thu, 18 Oct 2012 05:38:00 EDT. Please see our terms for use of feeds.

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Court reverses Galaxy Nexus sales ban in the US (updated with Samsung’s statement)

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A United States appeals court has overturned the injunction banning the sale of Samsung's Galaxy Nexus, arguing that the California district court had "abused its discretion" in granting it. The case between Apple and Samsung, which centers around four patents relating to unified search and Siri, will now be returned to the court of Judge Lucy Koh for reconsideration -- in the same way that she had to reverse her previous decision regarding the Galaxy Tab 10.1.

The injunction was granted on the basis that Apple could demonstrate "irreparable harm" to its business, and, that its case had a high likelihood of succeeding. However, the panel of judges felt that Cupertino could do neither of those things to the court's satisfaction, and as such, Samsung's handsets will be available to purchase as soon as the company can get them onto shelves. If you'd care to delve into the full text of the remand order yourself, it's available at the source link.

Update: Here is Samsung's jolly statement regarding the reversal:

"We welcome this reversal by the Federal Circuit, finding that the District Court abused its discretion in ordering a preliminary injunction against the Galaxy Nexus. Today's decision confirms that the role of patent law is to protect innovation and not to unreasonably stifle competition and restrict consumer choice. We will continue to take all appropriate measures to ensure the availability of our innovative products."

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Court reverses Galaxy Nexus sales ban in the US (updated with Samsung's statement) originally appeared on Engadget on Thu, 11 Oct 2012 11:34:00 EDT. Please see our terms for use of feeds.

Permalink The Verge  |  sourceRemand Order (PDF), Reuters  | Email this | Comments

Via Licensing assembles an LTE supergroup to share standards-essential patents

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Via Licensing assembles an LTE supergroup to share standards-essential patents

Dolby spinoff Via Licensing has shone a signal into the night sky and assembled some of the world's biggest telecoms players to form a patent supergroup. AT&T, NTT DoCoMo and Telefonica are some of the names that'll pool their standards-essential LTE patents to prevent getting embroiled in litigation over FRAND licensing. While there are some notable holdouts to the team, we suggest company president Roger Ross coax them over by hiring Michael McCuistion to write them a rockin' theme song.

Continue reading Via Licensing assembles an LTE supergroup to share standards-essential patents

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Via Licensing assembles an LTE supergroup to share standards-essential patents originally appeared on Engadget on Thu, 04 Oct 2012 01:07:00 EDT. Please see our terms for use of feeds.

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