Remember when the HTC EVO 4G LTE launch was delayed because it was held up at customs thanks to Apple? It wasn’t just the EVO 4G LTE with issues as Apple claims other phones, including the One X, infringed on a patent order issued in December. After a short delay, the phones were accepted in the U.S., but as expected Apple is fighting back. Apparently they made an emergency request to have HTC phones denied at the U.S. border. Thankfully the U.S. International Trade Commission denied that request.
The patent in question was related to a pop up that appears when clicking on certain links. For example, if you click on an email address, a pop up would appear letting you choose if you want to send it via Gmail, the stock Email application, or some other email application you might have installed on your device. Back in December it was found that HTC violated this infringement and was issued an order to fix it. The interesting thing is they did fix it as you can see in our previous post. Apple is still not pleased and continues to try to block sales of HTC products here in the U.S.
I seriously don’t get it. Why does Apple continue to stoop to these levels? Eventually the mainstream press has to start looking at Apple in a more negative light.
Things aren’t looking good for Samsung this week. Apple won a ban on the Galaxy Tab 10.1 then shortly after, a ban on the Galaxy Nexus. Samsung is appealing both cases, but as to the Galaxy Tab 10.1, U.S. District Judge Lucy Koh rejected Samsung’s request. Now the Galaxy Tab 10.1 isn’t really in sales channels so much since the Galaxy Tab 2 is out, but this is not a good precedence. In fact Koh is the same judge who awarded the pre-trial ban on the Galaxy Nexus this past Friday.
“Samsung is disappointed with the court’s decision that denied our motion to stay. We believe today’s ruling will ultimately reduce the availability of superior technological features to consumers in the United States,” Samsung said in a statement.
Now if there is anything to feel optimistic about, it’s the fact that the district court is not the last chance for Samsung. They are appealing on the federal level in Washington, DC, which has exclusive jurisdiction over intellectual property disputes.
Nokia today jumped on the patent infringement bandwagon, this time alleging that the just announced jellybean tablet, the Nexus 7, violates some WiFi patents that Nokia holds near and dear to its heart.
It looks like this one won’t end up in the courts though, as Nokia seems ready and willing to license the patents (for a fee of course).
Since Google is selling this thing for $199, you’ve got to wonder if there is even anything left in that meager price tag to kick a couple bucks up to Nokia…
The ongoing feud between Samsung and Apple needs to be resolved so we can just get on with our lives. The latest has Apple winning a preliminary injunction against Samsung for the Galaxy Nexus and the older Galaxy Tab. Now we are hearing reports that Google and Samsung have a “game plan” that will most likely lead to a cross licensing deal with Apple.
The Korean Times was able to get a quote from one Samsung source saying, “It’s too early to comment on our game plan (with Google) in the legal battle; but we will do our best to get more royalties from Apple, which has benefited from our technology. The fight is becoming more dramatic and the possibility of a truce in the form of a cross-licensing deal, seems to be becoming likely.”
Apple today won an injunction against Samsung that may see a ban on sales of the popular Galaxy Nexus phones.
U.S. District Judge Lucy Koh issued a preliminary injunction instructing Samsung to halt sales of the Galaxy Tab 10.1 in the U.S. The injunction was sought by Apple as part of their lawsuit against Samsung for patent infringement involving the design of the Galaxy Tab 10.1.
Koh had previously declined to issue a preliminary injunction against Samsung. However, a federal appeals court directed Koh to reconsider the order. The injunction will not be effective until Apple posts a $2.6 Million bond to cover potential damages should Samsung ultimately prevail and it is shown the injunction should not have been issued.
The case of Apple v. Motorola has been effectively dismissed in its entirety in US Federal Court by Judge Richard Posner on Friday. The case has been going on since 2010 and had already been reduced to Apple claiming four patent violations by Motorola, and Moto claiming one against Apple.
Posner had previously dismissed the case, at least tentatively, with one more chance given to both parties to make their case. Apparently, both sides failed to prove damages so Posner ruled that an injunction against the sale of any products is unwarranted. This is great news, especially for Motorola who was in the weaker position.
Hit the break for quotes from the ruling and a link to the full document.
Apple has launched yet another offensive against its Android counterparts, this time filing a counterclaim in the Eastern District of Virginia court. This counterclaim lawsuit was filed in response against HTC, which recently filed a complaint in the ITC against Apple. According to FOSS patents, Apple claims HTC has abused two specific patents important to the 4G/LTE wireless standard and using them in a legal attack against Apple. By using abusing the two patents, Apple argues HTC breached its FRAND licensing obligations.
We’re sure you all are wonder what this means for both Apple and HTC, right? Well… no one knows just yet. But you can bet this will be a serious situation to keep an eye on because of the fact “there will probably be more cases in the future in which companies try to use 4G/LTE-essential patents as strategic weapons or for hold-up” and the government may not take too kindly for that. All eyes will be on this case in the meantime and any further developments that will arise.
source: FOSS Patents
Samsung has been involved with numerous patent cases over the last year or so and of course the majority of them involve our favorite Cupertino company, Apple. We just got word of another case involving gesture recognition, but its not Apple. The company is called Flatworld Interactives, LLC and they specialize in commercialization of touchscreen technology.
Flatworld was founded by Dr. Salvko Milekic, a Professor of Cognitive Science & Digital Design at the University of the Arts in Philadelphia, PA. Well he developed gesture recognition touch screens for children, which of course made it easier for them to interact with a computer. Flatworld alleges that Samsung’s Android smartphones, tablets, and their Galaxy Players infringe on U.S. Patent No. RE 43,318, which is titled, User Interface for Removing an Object From a Display.
Interestingly enough Apple is also a victim of Flatworld. A few months ago Flatworld hit them with this same infringement for all Apple touch devices including the iPhone, iPad, and Macs using a Magic Mouse or Magic Trackpad. Hit the break because things get even more interesting.
A District Court in the Hague, Holland, has ruled that some of Apple’s older iPads (iPad 1 and iPad 2) and iPhones (3G, 3Gs, and 4) violate one of the Korean firm’s 3G patents. Today’s ruling regards European Patent EP1188269, which protects “Apparatus for encoding a transport format combination indicator for a communications system.” Also, for winning this case it seems as if Apple may have to ante up some cash towards Samsung’s way as compensation. Is this sweet justice? Honestly, it probably doesn’t matter. This is just pocket change for Apple and even with this loss, I can guarantee that it will not make Apple stop themselves from doing this again in the near future. I know us Android fans are getting tired of Apple constantly trying to stop both Samsung and HTC from continuing their Android success, but if you haven’t gotten used to it by now, you might as well start to. I don’t see this changing anytime soon.
After losing its ITC complaint against Apple a few months ago HTC immediately appealed the decision to a higher court. HTC has now decided the case isn’t worth pursuing further, and has filed a motion to dismiss the case. This doesn’t mean that the war between HTC and Apple is anywhere near a resolution though. As both companies have complaints filed against each other all over the world, you can be sure the war will continue on for the foreseeable future.
source: FOSS Patents
Fresh off its success of postponing the impending arrival of the HTC One Series, Apple moved its crosshairs squarely at Samsung’s Galaxy S III smartphone— except this time the Cupertino giant is unsuccessful of delaying Sammy’s imminent launch. Their request for a court order blocking and delaying the June 21st launch of the Galaxy S III was denied by U.S. District Judge Lucy Koh in San Jose, California. Koh’s reason for denying Apple’s latest request? Koh’s calendar is already overloaded and she literally has no time to hear Apple’s request.
While Apple can always appeal the latest ruling, this latest decision has a major impact on Apple and its competitors. For Apple, this decision shows it won’t always have a favorable ruiling in order to have an edge in the marketplace for its devices. For its competitors— namely the Samsung Galaxy S III, it paves a clear path for Apple’s biggest fear: “Samsung’s Galaxy S III phone is set to launch in the U.S… and Apple fears blockbuster sales”.
Apple has not yet announced what its next move will be, but you can bet it will come sooner than you think. Considering the mass pandemonium and hype surrounding the Galaxy S III, it will likely not want to wait very long.
Last year, HTC “borrowed” patents from Google in order to go on the offensive with Apple. Of course, Apple filed a motion against the use of these patents, and now Administrative Law Judge Thomas Pender has granted Apple that motion. Pender ruled that HTC cannot use the patents since they failed to properly acquire all the necessary rights.
If this decision remains after the inevitable appeal by HTC, it effectively cuts HTC’s legal arsenal by more than half, leaving only three of the original eight patents they can use in the ITC dispute against Apple.
Not great news for HTC.
source: foss patents
Monday was supposed to see the Apple vs. Motorola trial begin, but Judge Richard Posner has decided to tentatively dismiss the case altogether, saying that “neither party can establish a right to relief.” Basically, he’s saying that neither Apple nor Motorola have presented a valid case.
Judge Posner has been cranky about this case from the start, even warning Apple at one point to stop filing so many motions. He says that neither side have been able to prove exactly how much the alleged infringements have cost anyone, and since the whole thing boils down to money, he doesn’t see a reason to block either company from selling products. Sounds to me like he’s saying “you’ll each be better off just getting back to business.”
His dismissal order is temporary, however, giving Posner some time to work up a formal opinion which he will issue next week. In other words, he could still change his mind. Most likely, if this ruling stands, an appeal will be made. But apparently Motorola is feeling confident with this order, making the following statement:
“We are pleased by the Illinois trial court’s tentative ruling today dismissing Apple’s patent claims and look forward to receiving the full decision.“
I say hallelujah for Judge Posner. It seems like every other day there’s a tech lawsuit of some sort, and honestly it’s getting a little tiresome. Who’s with me?
source: order (PDF)