On Tuesday, a German court ruled the Motorola Xoom, made by Google Inc.’s Motorola Mobility, does not infringe on Apple’s iPad. In addition, Motorola had claimed the iPad’s design patent was invalid which was denied by the court.
Apple’s main goal was to have the device banned across Europe, claiming the design of the Xoom infringed upon three iPad designs. Even though the judges ruled against Apple’s claim, they denied Motorola’s counterclaim that the iPad design patent was invalid. The court ultimately rejected both parties and Apple was required to pay two-thirds of the costs and Motorola to pay one-third.
In two previous hearings, Judge Johanna Brueckner-Hofmann indicated that the court was leaning in Motorola’s favor, saying the design of the tablet was sufficient enough to give it individual character. Read more
An update from the never ending Samsung vs. Apple saga….
Samsung has won its request to expedite its appeal of the preliminary injunction that Apple won against the Galaxy Nexus. Samsung needs to file a brief with the court, then Apple has until the end of the month to respond.
In its initial complaint, Apple accused Samsung of harming manufacturers other than Apple with their alleged patent violation, something the courts won’t even consider anyway. Apple also this week decided to start contacting (read: threatening) vendors to stop selling the Galaxy Nexus and Galaxy Tab 10.1.
The good news is that Sprint and Google were both allowed amicus briefs, which allow them to argue on behalf, and with, Samsung. Apple also had a problem with that, saying that Google was not in fact a neutral third-party.
All of this isn’t expected to see the inside of a courtroom until 2014, at which point it seems the Galaxy Nexus would have already been long replaced anyway.
There’s yet another development of the epic saga between two of the biggest manufacturing giants in the world. In some newly released documents, FOSS Patents has uncovered what is a mind-boggling move by Apple in order to deter any continued activity from Samsung. As Apple continues to go on the offensive towards the Korean giant, it has also set its targets on retailers. Yes, you read that correctly— Apple is now applying the pressure on retailers regarding the various Samsung “infringements”. Many of you have a perplexed look on your face, so let me explain: as Apple continues to press for court-ordered injunctions of the Samsung Galaxy Nexus and Samsung Galaxy Tab 10.1 sales, Samsung believes Apple is acting in what looks to be an unlawful manner. Samsung notes in a recent filing that Apple was actually sending out letters to third parties— otherwise known as retailers— about the court-ordered injunctions. In short, Apple sent do-not-sell letters to the various carriers and retailers that carry Samsung’s Galaxy Nexus and Galaxy Tab 10.1. The same letters sent by Apple include actual copies of the court-ordered injunction and a postscript suggesting that the same retailers or sellers are “acting in concert” with Samsung by selling the Galaxy Tab 10.1 and Galaxy Nexus and effectively, must obey the court order.
Samsung wants the courts to see there is something significantly wrong with Apple’s latest tactics and goes so far as to call them “menacing”. More importantly– as long as there is no court ordered ban as of yet, Samsung believes the retailers should be able to sell the existing inventory of the Galaxy Nexus and Galaxy Tab 10.1 without any issue. While the various retailers are seemingly ignoring Apple’s warning, this is still a sad development in this ugly battle. Just when you think it couldn’t possibly get worse for both companies, it actually did.
You can see a sample transcript of Apple’s warning letters at the source links below.
source: FOSS Patents
via: The Verge
Yesterday the Sprint Galaxy S III began receiving a security update OTA, but little information was given as to what the update addressed. Users have reported that the update has removed the universal search feature from the device, meaning only web results are given from the search bar. The removal of local search is undoubtedly in response to the recent Apple lawsuit against the Samsung Galaxy Nexus for the very same ability. Google and Samsung are working together to fight that case and this move is a preemptive strike in case Apple decides to take on Samsung’s latest star.
Samsung won a ruling in a U.K. courtroom today in one of its many cases against Apple. Judge Colin Birss ruled in London that consumers are not likely to mix up Galaxy tablets with the iPad. In the ruling, Birss indicates the Samsung products “do not have the same understated and extreme simplicity” of the Apple products. According to Birss, the Samsung tablets were thinner and possessed “unusual details” on the back. Apparently these qualities make the Apple products more “cool” according to the judge. Read more
Last week, Samsung motioned to stay the preliminary injunction of the Galaxy Tab 10.1, but Judge Lucy Koh denied the request. Samsung then appealed to the United States Court of Appeals for the Federal Circuit in hopes of stay at the federal level. Samsung’s motion for an immediate stay of the Galaxy Tab 10.1 injunction was denied by the Federal Circuit’s Motions Panel, with no reasons given, but since the Galaxy Tab 10.1 is nearing the end of its shelf-life, it’s presumed that the circuit judges feel the harm to Samsung is minimal.
The Federal Circuit has ordered Apple to respond to Samsung’s motion to stay no later than July 12 by noon (Eastern Time) for the Tab 10.1.
In contrast, Samsung did win a stay on the injunction against the Galaxy Nexus. At least there’s that.
source: foss patents
Last week we reported that Apple had won an injunction against Samsung effectively blocking sales of the Galaxy Nexus. It’s clear that this action has frustrated and angered many people in the Android community. However, it seems as if Samsung’s protests have paid off as the U.S. Court of Appeals has now granted a temporary stay of ban until July 12, awaiting a response from Apple on the matter.
It’s safe to say that Google’s not out of the woods yet on this one, so stay tuned for more updates on Samsung and Apple‘s latest tango.
As previously reported, Google and Samsung are preparing a solution to work around the recent ban on sales of the Samsung Galaxy Nexus imposed by U.S. District Court Judge Lucy Koh. The halt on sales of the device is a result of a preliminary injunction granted as part of a lawsuit filed by Apple against Samsung. Apple alleges Samsung has violated a patent for a “universal interface for retrieval of information in a computer system.”
According to reports, Google has prepared an OTA update to roll out to current Nexus owners. Google indicates they plan to resume sales of the Nexus smartphones next week loaded with Android 4.1 Jelly Bean. According to spokespersons, the Jelly Bean implementation will include the workaround so the devices will not be in violation of the preliminary injunction.
We will continue to monitor the situation for reports of users receiving the OTA update and the restoration of the Galaxy Nexus to the Play Store. Hopefully the wait will be a short one.
source: ABC News
We don’t normally report what’s going on in the world of Apple, but since they have been a thorn in everyone’s side with patent lawsuits, we though you might find this interesting. Apple has been sued in China, but not by Samsung, Motorola, HTC, or another Android manufacturer. Zhizhen Network Technology is the culprit and they say that Apple’s Siri voice assistant infringes on their Xiaoi voice assistant.
The patent in question is ZL200410053749.9 and it relates to a “type of instant messaging chat bot system,” which happens to be called Xiaoi Bot. The Xiaoi patent was applied for by Zhizhen back in 2004 and was granted in 2006. What really has Zhizhen ticked off the most is the way Apple marketed Siri on their Chinese website. They said, “It (siri) can understand what you say and what you’re asking for, and it can find the answer that you are looking for on the web”. It’s no longer on the website.
In a recent ruling, Judge Richard Posner with the 7th U.S. Circuit Court of Appeals (Chicago) effectively ended the case of Apple v. Motorola before it ever got to a courtroom by dismissing the claims in the case. In his ruling, Posner indicated specific claims for damages could not be shown by either party which left him no choice but to dismiss the case.
Posner is a judge who is not scared to speak out on a variety of issues. Just last week he wrote a critique of Supreme Court Judge Scalia’s dissent in the Arizona immigration lawsuit. Posner is a prolific writer as evidenced by a row of books in his office that he has authored, including one on the topics of economics and intellectual property laws.
Posner indicates in a recent interview about the Apple v. Motorola case that he questions whether we really need software patents. He mentions the benefit that software companies receive by being first to market with a new “gadget”, a benefit he thinks will exist whether patents are granted or not. He also has some concern with the fact that smartphones and similar devices are composed of thousands of components, yet a patent on any one of those components effectively confers legal protection (or liability) on the entire device, even the components not covered by the patent.
To read more about Judge Posner and the topic of patents, head on over to the source article. It provides a unique glimpse into one judge’s perspective on the continuing software patent wars.