Apple denied emergency ban on HTC phone imports

by Robert Nazarian on
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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.

source: businessweek

 

 

Apple Files Counterclaim Against HTC, Claims Abuse Of 4G/LTE Patents

by Roy Alugbue on
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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
via: Engadet

Samsung gets slapped with another patent infringement case and this time it’s not Apple

by Robert Nazarian on
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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.

» Read the rest

Apple’s Request To Block Samsung Galaxy S III Launch Denied By Judge

by Roy Alugbue on
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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.

source: Reuters

Apple Keeps The Lawsuit Fun Rolling Along, Slaps HTC With Another Infringement Claim

by Roy Alugbue on
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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.

source: FOSS Patents
via: Engadget

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.

» Read the rest

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.

» Read the rest

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

 

Delaware Court Says Enough Fighting! Orders Apple And HTC To Discuss Lawsuit Settlement On August 28th

by Roy Alugbue on
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It looks as if the courts are fed up with the squabbling between Android manufacturers and Apple. The U.S. District of Delaware ordered HTC and Apple to meet face to face with the goal of discussing a potential settlement for the long-standing patent infringment suits— which of course has a direct effect on certain anticipated smartphones being released as of right now. Reports indicate the representatives who go to the mediation sessions must be able to make independent decisions, though it’s unclear if the CEOs for both companies will also attend as they are for similar hug it out mediations between Samsung and Apple. The meeting has been confirmed on August 28th and will be mediated by Magistrate Judge Sherry R. Fallon.

Let’s hope this meeting will be the beginning of the end of the silly spats we see between Apple vs. the World already. We know HTC is already trying to appease Apple already for its upcoming phones.

source: Court Order (PDF)
via: The Verge

AT&T HTC One X And Sprint EVO 4G LTE Imports Delayed By Customs

by Roy Alugbue on
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It looks like we’re about to have a major snafu in regards to the anticipated arrivals of the AT&T HTC One X and Sprint EVO 4G LTE smartphones. HTC recently confirmed the imports of both devices have been delayed at the U.S. border due to a “customs review”. The reason for this hints in the direction of none other than Apple. Apparently, the cause may come from the ITC exclusion order Apple was granted last December over hyperlinks in the messaging app and browser. HTC claims the issues raised by Apple in front of the ITC were more or less silly and would be removed from their various products. Unfortunately, customs must review the shipments coming in after the April 19 deadline set in place by the ITC whether HTC likes it or not. HTC added an official statement regarding the matter:

“The US availability of the HTC One X and HTC EVO 4G LTE has been delayed due to a standard U.S. Customs review of shipments that is required after an ITC exclusion order. We believe we are in compliance with the ruling and HTC is working closely with Customs to secure approval. The HTC One X and HTC EVO 4G LTE have been received enthusiastically by customers and we appreciate their patience as we work to get these products into their hands as soon as possible”. » Read the rest