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.
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)
Oracle has received another slap in the face as a result of its fight with Google over Java and Android. Judge William Alsup set as one of the conditions for filing the case against Google, that Oracle had to pay Google’s legal fees if they lost. This was intended as a deterrent to avoid wasting the court’s time.
It looks like this was forward thinking on the part of the judge since Oracle lost the case and is now strapped with paying what is believed to be upwards of $300,000, the result of being dragged through the courts multiple times.
Samsung today fired back at Apple’s recent allegations of patent infringement relating to the Galaxy S III. Apple has claimed the phone infringes on at least two of its patents, and has requested an injunction to prevent sales in the US until it can figure it out for sure. Samsung responded in a statement that it can and will “demonstrate to the court that the Galaxy S III is innovative and distinctive“. The Galaxy S III went on sale in Europe on May 29th, and is expected to go on sale in the US in July, months before Apple is expected to unveil the iPhone 5.
This is just the latest in the never ending feud between Apple and Samsung, and it seems Apple is feeling more and more vulnerable as it seeks to maintain its market share through litigation instead of innovation. We’ll keep you posted, but for those of us waiting for a Galaxy S III here in the States, let’s hope this gets settled quickly.
Raise your hand if you’re sick of all the litigation. Yeah, me too. Apple and Samsung have been doing the legal dance for a while now, talks failing, and it continues. In December, Apple was denied a preliminary injunction against many Samsung products. Now, Apple has filed for more injunctions against more Samsung products… including the shiny new Galaxy S III.
What is Apple complaining about this time? The same thing Apple just fought HTC and Motorola over: a “data tapping” patent regarding the multi-option dialog that appears when pressing a phone number in an email or webpage. On top of that, Apple is also claiming the S III violates a unified search patent, essentially adding Apple’s Siri as the victim. It’s not Samsung’s S-Voice that has Apple’s panties in a bunch, but rather the base Android voice command and search architecture.
So far the presiding judge has not granted Apple the injunction, regardless of how much Apple stresses the importance of the timing before Samsung’s global release.
Let’s hope it stays that way.
Just when you think the storm had passed with the HTC One Series fiasco (which caused significant delays of anticipated devices), Apple has slapped HTC with yet another International Trade Commission complaint. Apple’s claim: HTC hasn’t done enough to avoid patent discrepancies and is still violating patents. The complaint identifies 29 devices which not only include the One Series smartphones, but devices dating back to 2 years ago including the EVO 4G, Amaze 4G, Rezound and Thunderbolt. In short– Apple is seeking “an emergency proceeding and enforcement action to prevent further infringement”. Essentially— if Apple gets its way, the ITC would essentially force HTC to modify its existing devices within a specific timeframe, while causing additional delays for devices that still have yet to be released.
Ladies and gents, be prepared for another round of the waiting game for the HTC One Series smartphones… whether or not Apple’s cause is heard or not.
Oracle has its sights set on a new target now that it quickly found it was no match for Google. It has decided to go after patent troll and bully Lodsys by seeking invalidation of four of Lodsys’ patents. Here’s the quick rundown of Lodsys: the company has been harassing developers of all types for the last few years by either suing them or offering quick and
demeaning small settlements. Developers generally figured it would be easier to settle, rather than go out through a costly and exhausting legal battle. However, the same developers who were bullied eventually went to Google and asked for some help regarding this. Google filed a report for reexamination back in August 2011 seeking to invalidate two specific patents: “078″ and “565″. Generally speaking, if the patents were found invalid, then Lodsys would have no patents and thus, nothing to sue for. The catch to this process is it takes an incredibly long time to go through the process and both Lodsys as well as developers almost always settle before the process is complete.
So what does this have to do with Oracle? Well there is the notion that Oracle is trying to make a few things right away since it lost to Google. You see, like Google-based developers, Oracle developers have also been sued by Lodsys in the past. Seeing that it can at least salvage something from the Google loss, Oracle has decided to sue Lodsys for you guessed it— seeking to invalidate patents. The difference between Oracle’s action against Lodsys and Google’s previous action? Well— this is a lawsuit. This means if Lodsys is found guilty, you can bet Lodsys will be liable for any and all damages including legal fees and additional costs.
Ladies and gents, let the next chapter of the lawsuit games begin.
source: Android Police