Steve Jobs’ Quotes Against Android Allowed At Motorola/Apple Trial

by Ed Caggiani on
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By now we’ve all heard what the late Steve Jobs had to say about Android. Specifically, these two quotes from Walter Isaacson’s Steve Jobs biography:

  • “I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong.”
  • “I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”

In the upcoming trial between Apple and Motorola over a series of alleged smartphone patent violations, Apple lawyers had requested that these quotes, and any others from his biography, be excluded from testimony. On Thursday, federal Judge Richard Posner refused Apple’s request without explanation.

On Friday, the judge had this to say:

“More broadly, I forbid Apple to insinuate to the jury that this case is a popularity contest and jurors should be predisposed to render a verdict for Apple if they like Apple products or the Apple company or admire Steve Jobs, or if they dislike Motorola or Google.”

In other words, Posner is essentially saying that Apple should not try to influence jurors based on sentimentality over the late Steve Jobs, his popularity, or Apple’s.

The trial begins June 11 in the U.S. District Court for Northern Illinois.

source: gigaom

 

 

Google files antitrust suit against Nokia and Microsoft in Europe

by Robert Nazarian on
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It looks like Google is going on the offensive by filing an antitrust suit against Microsoft and Nokia in Europe. Google is actually calling this a defensive measure, and their complaint is that both Microsoft and Nokia are using proxy companies like Canada-based Mosaid Technologies to enforce their patents and share the revenues derived from them.

As you know Nokia is now making phones based on Microsoft’s Windows Phone software. Because of this, Microsoft and Nokia formed a cross-licensing deal for their patents. Shortly after that was in place, Mosaid bought an entity called Core Wireless, which owned 2,000 patents and patent applications originally filed by Nokia. Google is alleging that Nokia colluded with Microsoft and Mosaid, and as a result, reversed course on their commitment to open-source software.

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Judge rules in favor of Google, Oracle Java API elements not copyrightable

by Robert Nazarian on
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Last week the jury found that Google didn’t infringe on Oracle’s patents, but there was still a big issue at hand. Were Oracle’s Java API elements copyrightable? Judge William Alsup made the ruling yesterday and he found that the API’s aren’t covered under copyright law so basically this dismisses the previous infringement claims outright. The Judge said the following:

In closing, it is important to step back and take in the breadth of Oracle’s claim. Of the166 Java packages, 129 were not violated in any way. Of the 37 accused, 97 percent of the Android lines were new from Google and the remaining three percent were freely replicable under the merger and names doctrines. Oracle must resort, therefore, to claiming that it owns, by copyright, the exclusive right to any and all possible implementations of the taxonomy-like command structure for the 166 packages and/or any subpart thereof – even though it copyrighted only one implementation. To accept Oracle’s claim would be to allow anyone to copyright one version of code to carry out a system of commands and thereby bar all others from writing their own different versions to carry out all or part of the same commands. No holding has ever endorsed such a sweeping proposition.

At this point Oracle’s only options are to leave it alone or appeal. They most certainly will appeal, but things look dismal. At this point they will only receive $300,000 for statutory damages. We have statements from both Google and Oracle after the break.

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HTC One X and Evo 4G LTE Get Their Passports Stamped By U.S. Customs

by Ed Caggiani on
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In the never-ending legal war on Android by Apple, the latter succeeded in making HTC change some code around on their One X line of phones, and successfully delayed the launch of the HTC Evo 4G LTE by a couple of weeks due to a patent infringement lawsuit that HTC essentially lost. But that’s all Apple got since the AT&T HTC One X and the Evo 4G LTE have both been cleared by U.S. Customs and are now allowed entry into the country. HTC released the following statement:

HTC has completed the review process with US Customs and HTC devices have been released, as they are in compliance with the ITC’s ruling. Future shipments should continue to enter the US and we are confident that we will soon be able to meet the demand for our products.

Ultimately, the patent infringement issues Apple had with HTC didn’t do much but generate truckloads of legal bills for both sides. In the end, we all still get our phones, slightly modified, and only a couple of weeks late. So, Apple, was it worth it?

 

Apple and Samsung’s mediation meetings amount to nothing

by Robert Nazarian on
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Apple and Samsung’s battles in the courts have been so heated that Judge Lucy Koh ordered them to meet on May 21st and 22nd to settle their differences. In the no shocker news of the day, there was no agreement. The festivities were led by Magistrate Judge Joseph C Spero, and company representatives included Samsung CEO Choi Gee-sung, Samsung’s Head of Mobile Division Shin Jong-kyun, and Apple CEO Tim Cook.

Samsung did express interest in a cross-licensing deal, but it looks like both parties are just too damn stubborn. One thing they do agree on is they would like avoid trials. Apparently not all that much. It looks like the case will be back in the courts in July unless they decide to meet again and come to an agreement.

source: koreantimes
via: pocketnow

 

The verdict is in. Google did not breach Oracle patents.

by Chris Stewart on
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Not Guilty. Finally the two words that Android fans worldwide were waiting to hear have been uttered, bringing and end to lengthy court case . After a week long deliberation the jury in California ruled in favour of Google declaring that the search giant did not infringe on Oracle’s patents with Android. Earlier this month we brought you the news that the jury had concluded that Google had infringed on 37 separate API’s. The jury has since concluded that Google adequately demonstrated that it felt it was acting within the law due to its belief that it didn’t need a license to utilise java,

The news represents a significant victory for Google who would have been set to pay damages of up to $1bn should it have been found guilty. Naturally, both firms have released statements post verdict.

Oracle:

Oracle presented overwhelming evidence at trial that Google knew it would fragment and damage Java. We plan to continue to defend and uphold Java’s core write once run anywhere principle and ensure it is protected for the nine million Java developers and the community that depend on Java compatibility.

Google:

Today’s jury verdict that Android does not infringe Oracle’s patents was a victory not just for Google but the entire Android ecosystem.

So another law suit bites the dust; Google and Android live to fight another day. Do you think we’ve heard the last of it or will Oracle by ready to launch an appeal? Let us know your thoughts in the comments below.

Source: Verdict

Did Apple’s Lawsuit Affect The Design Quality Of The Galaxy S III?

by Joe Sirianni on
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Buzz around the Internet is that Samsung’s Galaxy S III took its design ques as a result of the ever ongoing battle with Apple’s patent infringement case.  Samsung design VP, Chang Dong-hoon was asked earlier today to give his feedback on the matter to which he denied it being the case at all.  According to reporters, at the 2012 Seoul Digital Forum, Dong-hoon claimed the following to clear the matter up:

“Our change in smartphone design is part of a five-year plan, not a sudden turn-around”

Dong-hoon was persistent in noting that the design of the GSIII’s curved shape was due in part to be the product of hundreds of different iterations and not the pressure of the battle against Apple.  Either way, I’m very pleased with the design quality of the device, even though a literal brush metal would have been nice instead of a metal-”ish” material.  What do you think?

source: inews24

 

Apple seeks to ban the Galaxy Tab in the US (again)

by Chris Stewart on
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If at first you don’t succeed, try, try again. This invaluable proverb has been motivating children in the UK for over 200 years now and I was fairly certain that I’d never find a scenario where it doesn’t fit… until now.

In its eternal battle to ban pretty much everything ever invented that doesn’t have an Apple logo on it, Apple hauled Samsung through the US courts last summer with a view to banning the original Galaxy Tab 10.1. Apple’s bid didn’t prove fruitful on that occasion however news from Foss Patents surfaced today suggesting that Apple is back in for a second bite at the cherry and that perhaps this time it might just succeed.

Florian Muller from Foss Patents had the following to say on their website: “Apple’s motion is fairly likely to succeed. If and when it does, there will be formal U.S. bans in place against all three of the leading Android device makers. Also on Friday, the ITC ordered a U.S. import ban against Motorola’s Android-based devices (to the extent those infringe a particular Microsoft patent), and in December, the U.S. trade agency also banned HTC’s products that infringe a particular Apple patent — as a result, two HTC product rollouts just got delayed.”

With Apple and Samsung due in court later in the week with a view to attempting to put an end to this nonsense, this writer will certainly be hoping not to write another article on litigation any time soon. Seriously Apple; save the money for your R&D department, it needs it way more.

 

Source: Foss Patents

Samsung Mobile Chief Open To Cross-Licensing Deal With Apple

by Ed Caggiani on
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Apple and Samsung are set to meet May 21st for settlement talks, and Samsung’s mobile head JK Shin is sounding optimistic that talks can be fruitful, though he does warn that there’s still a lot they are not seeing eye-to-eye on. At the Seoul airport on the way to the U.S. talks, Shin told reporters the following:

There is still a big gap in the patent war with Apple but we still have several negotiation options including cross-licensing.

This is definitely a softening of the language used by Shin in March when he promised “no compromise.” It’s hard to believe tomorrow’s talks will end in rainbows and unicorns.

When asked about the 4G chip shortage Samsung is currently experiencing, Shin said it was expected to continue until early in the fourth quarter of this year, meaning some time in October. This could be a big problem as the LTE-capable Galaxy S III is on the horizon in the United States and could be forced to use other vendors’ 4G chips to keep production numbers up.

source: reuters
via: engadget

Motorola Android Phones Banned From Import Into The U.S. Over Microsoft Patent Issues

by Ed Caggiani on
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Boy, this legal stuff can get confusing. Let’s take it from the beginning and walk through it. First, we know that the HTC One X and the Evo 4G LTE are currently held up in customs while they check whether the devices violate an ITC exclusion order Apple was granted last December.

Then we heard the ITC has decided to ban the import of Motorola Android phones for infringing on patents by Microsoft, joining HTC in the “import ban” club. FOSS Patents said this order could likely go into effect in 60 days. It’s also possible Motorola could tweak the software to comply with the ITC’s rulings during those 60 days.

As more details were revealed, we now learn that Motorola was found NOT to infringe on 8 patents in the Microsoft case, and only infringed on one specific patent for “generating meeting requests and group scheduling from a mobile device“. This verdict is now under Presidential review, and is subject to appeal. Motorola said in a statement to ArsTechnica:

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