Tag Archives: patent infringement

HTC decides to buy S3 after all, keeps it on ice for future patent wars

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HTC hearts S3 Graphics

HTC was exhibiting more than a bit of buyer's remorse after its acquisition of S3 Graphics went off the rails: it had used the $300 million deal to scoop up a company with a victory over Apple in a patent dispute at the ITC, only to see that decision reversed and its dreams crumble. S3 will be glad to know that HTC wants the shotgun wedding to last. The One X creator's general counsel, Grace Lei, is now promising that the buyout will wrap up at some point in the near future after "cautious assessment" of its worth. The union won't help HTC fend off escalating Apple assaults, but the 270 patents may make other companies think twice before starting a feud -- oh, and give HTC some graphics technology to improve its products.

HTC decides to buy S3 after all, keeps it on ice for future patent wars originally appeared on Engadget on Tue, 12 Jun 2012 11:40:00 EDT. Please see our terms for use of feeds.

Permalink The Next Web  |  sourceFocus Taiwan  | Email this | Comments

Customs stops delaying HTC One X and EVO 4G LTE devices after ‘review’

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Customs stops delaying HTC One X and EVO 4G LTE devices after 'review'

HTC-branded crates have been trickling through customs for ten days already, following a total clamp-down earlier in May, but it's only now that they're able to pass through without lengthy extra checks. The manufacturer says it has "completed the review process with US Customs" and that it is "confident that we will soon be able to meet the demand for our products." That obviously raises the question as to why the HTC One X and EVO 4G LTE devices were held up in the first place. The ITC had earlier ruled that HTC infringed on an Apple patent about data detection, concerning a handset's ability to recognize and move around personal data, for example between the contact entry and the calendar, and it had given HTC until April to remove that feature. HTC agreed to that, but it appears customs officials initially needed to check every box to ensure that products arriving in the US were of the compliant type. Meanwhile, the LTE part of the EVO 4G is still waiting for its luggage.

Customs stops delaying HTC One X and EVO 4G LTE devices after 'review' originally appeared on Engadget on Wed, 30 May 2012 03:28:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceCNET  | Email this | Comments

Huawei files EU antitrust complaint against InterDigital

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Huawei has filed an EU antitrust complaint against InterDigital to end its "abuse" of the allegedly standards-essential patents it controls. The company has urged the commission to examine its demands, which are considered too hefty to come under the protection of FRAND terms. The shoe normally resides on the other foot, with InterDigital previously instigating battles with Nokia, Samsung and ZTE. This time, it looks like the Chinese giant was tired of being pushed around by what it's derisorily called a non-practicing entity -- which we've taken to be a polite euphemism.

Update: InterDigital has released a statement, which we've included after the break.

Continue reading Huawei files EU antitrust complaint against InterDigital

Huawei files EU antitrust complaint against InterDigital originally appeared on Engadget on Mon, 28 May 2012 10:08:00 EDT. Please see our terms for use of feeds.

Permalink FOSS Patents  |  sourceInterDigital (PDF)  | Email this | Comments

Jury issues verdict in Android suit, finds that Google doesn’t infringe Oracle patents

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It appears that the jury has come to a conclusion in the Oracle v. Google trial, determining that Android does not infringe Oracle patents. Judge William Alsup of the US District Court for Northern California exonerated the search giant following a trial that lasted three weeks, ruling that Google did not infringe on six claims in US Patent RE38,104, along two claims in US Patent 6,061,520. Jurors were dismissed following today's ruling, with the trial's damages phase reportedly set to begin on Tuesday. According to The Verge, the jury did determine that Google was responsible for two counts of minor copyright infringement, relating to the order of Java APIs and several lines of rangeCheck code, which could be matched with a maximum penalty of $150,000 for each count. Regardless, it appears that the lawsuit, which dates back to 2010, when Oracle filed against Google for copyright and patent infringement related to Sun's Java code, could finally be coming to a close.

Jury issues verdict in Android suit, finds that Google doesn't infringe Oracle patents originally appeared on Engadget on Wed, 23 May 2012 14:05:00 EDT. Please see our terms for use of feeds.

Permalink The Verge, CNET  |  sourceUS District Court  | Email this | Comments

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

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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

ITC bans Motorola mobile devices for infringing Microsoft patent (updated: MMI responds)

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At the end of last year, an Administrative Law Judge issued an initial ruling that Motorola's mobile devices infringe a bit of Microsoft's IP. Now, the Commission has affirmed that decision and issued an exclusion order to ban Moto's offending devices from importation into the US. In case you weren't aware, the four patent claims at issue generally cover technology for scheduling meetings over email using a mobile device. So, unless Motorola removes the feature, pays for a license or whips up a workaround Microsoft's patent in short order, its inbound RAZRs, Droid 4s, Bionics and other offending handsets will be stuck in customs alongside HTC's One X and EVO 4G LTE -- that is, unless Obama steps in to save the day during the prescribed presidential review period. Microsoft, naturally, is quite pleased with this development and has issued a statement:

Microsoft sued Motorola in the ITC only after Motorola chose to refuse Microsoft's efforts to renew a patent license for well over a year. We're pleased the full Commission agreed that Motorola has infringed Microsoft's intellectual property, and we hope that now Motorola will be willing to join the vast majority of Android device makers selling phones in the US by taking a license to our patents.

-- David Howard, corporate vice president and deputy general counsel Microsoft

We've reached out to Motorola for comment on the matter as well, so stay tuned to see what it has to say.

Update: Motorola has issued an understandably somber statement on the ruling:

Microsoft started its ITC investigation asserting 9 patents against Motorola Mobility. Although we are disappointed by the Commission's ruling that certain Motorola Mobility products violated one patent, we look forward to reading the full opinion to understand its reasoning. Motorola Mobility will not experience any impact in the near term, as the Commission's ruling is subject to a $0.33/per unit bond during the 60 day Presidential review period. We will explore all options including appeal.

ITC bans Motorola mobile devices for infringing Microsoft patent (updated: MMI responds) originally appeared on Engadget on Fri, 18 May 2012 17:21:00 EDT. Please see our terms for use of feeds.

Permalink FOSS Patents  |  sourceITC (PDF)  | Email this | Comments

Apple, HTC ordered by judge to sit down, try and make nice on August 28th

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HTC's Cher Wang at Apple Store

There's a trend starting to emerge of judges wanting Apple to talk settlements with others rather than duke it out in the courtroom. Just two weeks after Apple and Samsung were steered towards talking about a potential deal, a Delaware court has ordered Apple and HTC to meet on August 28th in the hopes that they could shake hands and put an end to an increasingly hectic legal battle under the eyes of a mediating judge. Whether or not that happens is very much up in the air. Apple CEO Tim Cook has said he's not a fan of lawsuits, but he hasn't showed indications that he would take legal action off the table just yet. Likewise, HTC is no doubt eager to eliminate phone shipping delays stemming from Apple's court wins, but the lack of immediate pressure and the hopes of winning countersuits might lead it to hold off. Still, if the court's ideal vision of the world comes to pass, you could see HTC's Cher Wang shopping in an Apple Store without staff giving her the evil eye.

[Image credit: mobile01]

Apple, HTC ordered by judge to sit down, try and make nice on August 28th originally appeared on Engadget on Thu, 17 May 2012 16:49:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceFOSSPatents  | Email this | Comments

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

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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

Apple and Samsung finally agree… to drop a plethora of claims from their patent spat

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Apple and Samsung finally agree... to drop a plethora of claims from their patent spat

Last week, Judge Lucy Koh informed Apple and Samsung that they would have to reduce the number of patent claims at issue in the parties' Northern District of California litigation. And now, each has complied, with Samsung dropping its total number of asserted patent claims from 75 to 15, while dismissing two patents from the case altogether. For its part, Apple has reduced its case to one claim from each of its asserted utility patents, its four iPhone and one iPad design patents, and its trade dress claims for those two devices. Keep in mind, however, that they did so without prejudice, which means that either party can reassert these dismissed claims in a later lawsuit. That said, the parties have at least attempted to placate Judge Koh in order to keep their July 30th trial date, which is when the real legal fireworks begin. Feel free to check the filings below for the full scope of this most recent patent pruning.

Apple and Samsung finally agree... to drop a plethora of claims from their patent spat originally appeared on Engadget on Tue, 08 May 2012 13:47:00 EDT. Please see our terms for use of feeds.

Permalink All Things D  |  sourceApple filing (PDF), Samsung filing (PDF)  | Email this | Comments

Apple and Samsung set to meet May 21st, hug it out over 48 hours

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Apple and Samsung set to meet May 21st, hug it out over 48 hours

These two brawlers were given until July to come together and mediate over their numerous globe-spanning patent lawsuits, but it appears neither side needs to wait that long. According to Foss Patents, May 21st and 22nd have been circled on the calendar of a certain San Francisco courthouse, where Magistrate Judge Joseph C. Spero will attempt to arbitrate in a calm, soothing voice for two days straight. Presenting himself as a confidant who sits outside of the main litigation being conducted in San Jose, Spero has already asked both parties to open up and provide "candid" statements about the strengths and weaknesses of their own cases, as a first step towards identifying areas of compromise. Fortunately, he still has a few weeks in which to devise further cunning plans.

Continue reading Apple and Samsung set to meet May 21st, hug it out over 48 hours

Apple and Samsung set to meet May 21st, hug it out over 48 hours originally appeared on Engadget on Sat, 28 Apr 2012 19:39:00 EDT. Please see our terms for use of feeds.

Permalink The Verge  |  sourceFoss Patents  | Email this | Comments