Samsung got a big win in the International Trade Commission today, as the ITC handed down a final ruling finding that several models of AT&T-compatible iPhones and iPads infringe a Samsung patent, and issued an exclusion order preventing them from being imported, sold or distributed in the US. This final ruling comes months after an ALJ determined that Apple did not infringe any of Samsung's IP, but clearly, the commission felt differently upon its review. This final determination holds that AT&T models of the iPhone 4, 3GS and 3G, plus AT&T iPad 3G and iPad 2 3G models infringe four claims of Samsung's patent number 7,706,348 for encoding mobile communications.

The ITC reversed the ALJ's ruling in part based upon modified construction of several key terms in the claims at issue, but upheld the prior decision regarding the other three patents Samsung asserted in the action. So, what does this mean for Apple? Not a tremendous amount, truthfully, as the newly banned devices are no longer Cupertino's standard bearers and account for little of massive profits. Plus, Apple will, no doubt appeal the decision in court. Still, Samsung's bound to feel pretty good about the victory, and every little bit helps in its quest to remain atop the smartphone heap, right?

Filed under: Apple, Samsung

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Via: Reuters Tech (Twitter)

Source: ITC [PDF]

The patent wars have grown long and tiresome for many, but Twitter's among the first to take meaningful action to stop them with its Innovator's Patent Agreement. Today, the company launched version 1.0 of the IPA and is using it for the first time. Patent number 8,448,084, which claims a method for refreshing a scrollable list of content (aka pull-to-refresh) is the first to get the IPA treatment, which means that Twitter has pledged to use this patent for defensive purposes only.

What's that mean? Well, under this version of the IPA, Twitter can assert claims against anyone who has filed, threatened or participated in a patent infringement suit against Twitter or any of its users, affiliates, customers, suppliers or distributors. It can also assert the patent to "deter a patent litigation threat" against Twitter and its peoples. If you're thinking that such a broad definition of "defensive purposes" means Twitter can pretty much use its IPA'd patents how it chooses, you're pretty much right. Still, we applaud Twitter's effort to pre-empt future patent litigation, but we'll have to wait and see if it accomplishes its goal of having companies spending their money on innovation instead of litigation.

Filed under: Software

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Source: Official Twitter blog

In a move which should surprise no one who's been following along, New York City livery car groups successfully won a bid yesterday afternoon for a temporary restraining order against New York City's smartphone-based hail pilot program ("e-hails," if you will). This effectively shuts down any (limited) plans UberTAXI and others had for getting back in business in Gotham -- both Uber and Hailo are being stopped from operating in NYC as a result. Under the pilot program -- approved earlier this year but mired in legal drama ever since -- services like Uber and Hailo could be used in NYC's approximately 13K yellow cabs. Livery cab businesses in NYC have sought to stop the program's implementation via legal means. Its latest effort, the "application for interim relief," was admitted via lawyer Randy Mastro of Gibson Dunn, and cites the following as its reason for the temporary restraining order:

"Absent emergency relief, petitioners and the public will suffer irreparable injury to their livelihoods, businesses and industry, fundamental rights and environmental interests, all of which will be impossible to remedy after this case is resolved in petitioner's favor."

Filed under: Cellphones, Transportation, Software

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Via: Bloomberg

In HTC and Nokia's ongoing patent litigation, one patent infringement claim against HTC was dismissed today by the District Court of Mannheim, Germany. The patent in question -- regarding "a communication network terminal for accessing internet" -- describes a "terminal" that can access the internet.

As FOSS Patents points out, today's dismissal was part of an ongoing collaboration between Google and Android phone makers who've been targeted by Nokia over claims against the Google Play store. "Nokia had alleged that Android's app architecture centered around the Google Play store infringes the '016 patent because of the way it allows third-party app developers to provide data to the end-user devices on which their programs run via a Google-operated server," the site notes. In that regard, today's dismissal marked a victory for Google beyond HTC -- though HTC issued a statement this afternoon exclaiming its "delight" over the court's ruling. Nokia has yet to return our request for comment.

Filed under: Cellphones, Handhelds, Software, Mobile, HTC, Nokia, Google

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Source: FOSS Patents

Google's been taking heat for a number of years since its Street View cars were found to be pulling WiFi data, and the Hamburg Commissioner for Data Protection and Freedom of Information has today hit the search giant with a 145,000 euro fine (almost $190,000) for its indiscretions. You may not remember this specific case in Germany -- it was nearly three years ago that investigations began, after all -- but it has now come to a close with this fine and the ruling that El Goog illegally recorded personal data including emails, passwords and pictures, which have all reportedly been deleted. We know the company has enough cash to pay in full, so the ruling will likely make more of a dent to its image than its bank account.

Filed under: Internet, Google

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Via: PCWorld

Source: Hamburg's Commissioner for Data Protection and Freedom

Microsoft and Motorola's spat in the International Trade Commission started way back in 2010, but it looks like the case may be finally drawing to a conclusion after an initial ruling in Moto's favor was remanded for a second look. Reuters reports that on remand, the presiding administrative law judge reversed his stance in a new initial determination, clearing Microsoft of the remaining infringement charge for patent number 6,069,896 on wireless peer-to-peer technology. In response to this bit of good news, Microsoft VP Corporate VP and deputy general counsel had this to say:

We are pleased with the Administrative Law Judge's finding that Microsoft did not violate Motorola's patent and are confident that this determination will be affirmed by the Commission.

Back in October of last year, Motorola dropped the two WiFi-related patents it had asserted against Microsoft, and in January of 2013 it dropped both of its H.264 related patents from the ITC proceeding. With this latest ruling, it looks like Microsoft will escape from the ITC scott free, though it's not out of the woods yet, as the final call from the full commission won't occur until July. And, of course, Motorola can always take things to the Court of Appeals for the Federal Circuit should it choose to do so. Isn't the system of endless appeals that is the United States judicial system wonderful?

Filed under: Gaming, Wireless, HD, Microsoft, Google

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Via: Reuters

Source: ITC Notice [PDF]

Google's long found itself in hot water where its Street View mapping practices are concerned, running afoul of authorities both in the US and abroad since 2010. But as of today, the search giant's putting an end to its domestic legal woes, agreeing to dole out $7 million to the 37 states and District of Columbia involved in the litigation. In addition, the company's pledged to destroy all of the user information (passwords, emails, etc.) it's thus far collected from unsecured networks -- unlawful snooping it claims was carried out by a "rogue engineer." Google admits to fumbling its dedication to user privacy in this one area and, as part of the settlement, has committed to not only educating its employees on best privacy practices, but to also launch a consumer outreach program addressing these same issues. So, for now, consider this case closed... in the US. Its troubles across the pond are another matter.

Filed under: Internet, Google

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Source: CNet

Weary of the neverending legal back-and-forth between Apple and Samsung yet? No, we're not either (that's a terrible lie), and the latest exciting development comes from a courtroom in Japan, where it was decided Samsung does not hold rights to certain data transmission tech it accused Apple of pinching. So, what are the repercussions? None, really -- the status quo remains unchanged, and Apple can continue selling the products Sammy wanted off the shelf. The Times of India notes that cases in the US and South Korea over the same patent have gone one a piece, meaning Apple is up 2-1 in this particular bout. But, when you've been battling for this long, you've bound to win some, and lose just as many.

Filed under: Cellphones, Mobile, Apple, Samsung

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Source: Reuters

It looks as if Samsung and LG have both taken their fingers away from the red button marked MORE LITIGATION. It's being reported that the pair have come to an agreement to work out their OLED patent issues away from the harsh light of the courtroom. Korea's Yonhap News is claiming that a peace summit was held at a Seoul hotel, with Samsung's Kim Ki-nam saying that the pair will resolve the issues "one by one." Give peace a chance, folks.

Filed under: Home Entertainment, Samsung, LG

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Via: The Next Web

Source: Yonhap News

Filed under: Cellphones, Software, Mobile, Apple, Amazon

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Via: Bloomberg

Source: Court Order [PDF]

While Judge Lucy Koh may not pull down the same staggering wage or get as much TV time as that other well-known arbiter, she's just as outspoken in her own courtroom. While presiding yesterday over the neverending story that is Apple v. Samsung, she called for "global peace" between the two. Inciting chuckles from the crowd, she reaffirmed her point: "I'm not joking... it would be good for consumers and good for the industry." Head lawyer for Samsung said the company was "willing to talk," but the opposition wasn't so amicable, claiming that the billion-odd judgment in its favor was a mere "slap on the wrist," and that clear boundaries were necessary for setting a precedent.

Cupertino's camp also attacked Samsung's design decisions, saying they were knowingly taken to the limit of what it could legally get away with, while the Korean manufacturer's team thinks Apple wants to "compete through the courts rather than the marketplace," and was using the courts to conduct a smear campaign. When commenting on the patent rows in a TV interview yesterday, Apple CEO Tim Cook repeated his stance on litigation, but said there was "no other choice," and that "in a perfect world," companies would "invent their own stuff." Sadly, it looks like Judge Koh's plea for resolution won't have much of an impact, but we're with her in thinking: if only this had all played out during a 10-minute segment on daytime TV.

Filed under: Cellphones, Tablets, Mobile, Apple, Samsung

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Source: Financial Times

The US Patent and Trademark Office may have just thrown a wrench into Apple's recent courtroom triumph over Samsung by invalidating one of the patents at the heart of the victory: rubber-banding. We noted at the time that Apple hit a "home run" with that particular IP, as jurors declared that all 21 disputed Samsung devices infringed it, no doubt resulting in a large part of the $1 billion (and counting) owed by the Korean maker. "Claim 19" of patent 7469381, which covers that feature, was invalidated by the USPTO on two counts, both of which were cases of prior art that allegedly existed before Cupertino claimed them. Either one could be enough reason to throw out that part of the patent, according to FOSS Patents, provided that the USPTO's ruling stands up. Either way, Samsung has already brought the new information to Judge Koh's attention -- which might bring about some new action very soon.

Filed under: Cellphones, Tablets, Apple, Samsung

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Source: FOSS Patents

Remember when a UK judge said that Samsung couldn't have copied the iPad with its Galaxy Tab because it wasn't "as cool" as the iPad? Well, Apple has just lost the High Court appeal to have that decision overturned, meaning that despite the backhanded compliment, it will still have to run adverts in the press stating that the Korean giant had not copied its tablet designs.

[Thanks to everyone who sent this in]

Filed under: Tablets, Apple, Samsung

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Source: BBC News

A United States appeals court has overturned the injunction banning the sale of Samsung's Galaxy Nexus, arguing that the California district court had "abused its discretion" in granting it. The case between Apple and Samsung, which centers around four patents relating to unified search and Siri, will now be returned to the court of Judge Lucy Koh for reconsideration -- in the same way that she had to reverse her previous decision regarding the Galaxy Tab 10.1.

The injunction was granted on the basis that Apple could demonstrate "irreparable harm" to its business, and, that its case had a high likelihood of succeeding. However, the panel of judges felt that Cupertino could do neither of those things to the court's satisfaction, and as such, Samsung's handsets will be available to purchase as soon as the company can get them onto shelves. If you'd care to delve into the full text of the remand order yourself, it's available at the source link.

Update: Here is Samsung's jolly statement regarding the reversal:

"We welcome this reversal by the Federal Circuit, finding that the District Court abused its discretion in ordering a preliminary injunction against the Galaxy Nexus. Today's decision confirms that the role of patent law is to protect innovation and not to unreasonably stifle competition and restrict consumer choice. We will continue to take all appropriate measures to ensure the availability of our innovative products."

Filed under: Cellphones, Mobile

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Via: The Verge

Source: Remand Order (PDF), Reuters

Dolby spinoff Via Licensing has shone a signal into the night sky and assembled some of the world's biggest telecoms players to form a patent supergroup. AT&T, NTT DoCoMo and Telefonica are some of the names that'll pool their standards-essential LTE patents to prevent getting embroiled in litigation over FRAND licensing. While there are some notable holdouts to the team, we suggest company president Roger Ross coax them over by hiring Michael McCuistion to write them a rockin' theme song.

Filed under: Cellphones, Wireless, Mobile

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Via: TechCrunch, WSJ

One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.

Filed under: Tablets, Apple, Samsung

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Source: FOSS Patents

Last time Google found itself in court proceedings opposite Skyhook, it was facing anticompetitive and IP legal claims for forcing Android OEMs to use Google's location services. Yesterday, Skyhook filed a new complaint alleging that Google is infringing nine of its patents. FOSS Patents reports that the IP in question is, like last time, all about geolocation technology. The patents cover various aspects of a WLAN-based positioning system, and all but one of them were granted after the prior lawsuit, hence the new legal action. We've yet to hear Google's side of the story, but you can take a peek at Skyhook's airing of grievances at the source below.

Filed under: Cellphones, Software, Mobile

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Via: FOSS Patents

Source: Complaint (PDF)

Favorable infringement findings in hand, we knew Apple would seek injunctions to ban Samsung devices from being sold in the US. And now we know that Tim Cook and company are following up on that billion dollar verdict and are seeking to enjoin eight handsets from being sold. As you can see in the chart above, the Galaxy S 4G, four Galaxy S II variants, the Galaxy S Showcase, Droid Charge, and Galaxy Prevail are all on the chopping block. Why is Apple only going after eight of the twenty-something devices found to be infringing its IP? Well, most of them are no longer being sold, and we all know how Judge Koh just hates having her time wasted.

Filed under: Cellphones

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Via: The Verge

Source: Court Filing (PDF)

Filed under: Cellphones, Laptops, Tablets

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Source: Ropes & Gray (1), (2)

It's done. It's all over. There's nothing left now but the tears, the big checks -- and the appeals. After weeks of laborious deliberations and no shortage of courtroom antics the jury has issued its verdict and, while it isn't a complete victory for Apple, it's most certainly a loss for Samsung. Naturally, we have some thoughts on the subject. Join us after the break as we express our feelings.

Filed under: Mobile

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With a 20-page verdict form and 100 pages of instructions to explain it, many figured it would take longer for the jury to render a decision. But, the tech trial of the century has concluded, with Apple scoring a not-quite-flawless victory over its rival Samsung. While the company didn't win on every count, its cadre of lawyers did convince the nine jurors to award Apple over $1 billion in damages for Samsung's IP transgressions. Join us after the break and we'll hit you with the legal math that gave Apple a ten-figure bump to its bottom line -- and served as a shot across the bow of every other mobile phone manufacturer.

Filed under: Cellphones, Tablets, Mobile

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Source: Jury verdict (PDF)

Filed under: Cellphones, Tablets

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Samsung may have convinced Judge Koh to toss a few international handsets out of Apple's lawsuit, but the Korean firm still has Cupertino's patent licensing accusations to contend with. Their tactic? Convince the court that Apple's claim to the inventions are invalid, and that the technology was developed prior to the disputed patent's filing. It's called showing "prior art," and Sammy's done it before -- famously showing a scene from 2001: A Space Odyssey in an attempt to put Apple's iPad design claims to rest. Today's examples were more grounded in reality, focusing on debunking Cupertino's claim to the "bounce back" effect that happens when a user reaches the end of a page and common multitouch zoom / navigation gestures.

Samsung pitted the famous "bounce back" feature against an old PocketPC interface called LaunchTile, which allowed users to navigate through 36 applications by zooming in and out and a panning across a grid-like "world view" of said apps. Movement between grids snap to each zone, marking the end of a page. Apple shot back, noting that LiveTile's snapping navigation didn't work on diagonals, and cited other differences as well. Samsung wasn't deterred, however, and brought out DiamondTouch, a projector based multitouch table that utilized both one touch scrolling and pinch-based zoom gestures. The table even takes aim at the aforementioned bounce-back patent with a technology called TableCloth, which bounces back images that are pulled off screen. DiamondTouch's creator, Adam Bogue, told the court that he had demoed the technology to Apple privately back in 2003, noting that it was also available to anyone who visited the Mitsubishi Electronic Research Laboratories' lobby.

If the jury takes to Samsung's claims of prior art, it could severely cut Apple's claims against it. Even so, Cupertino's lawyers aren't going down without a fight, and still have a number of navigation and design claims that Samsung hasn't addressed. The two parties are expected to keep up the fight for about a week, we'll keep you posted on the inevitable revelations as they come.

Filed under: Cellphones, Tablets

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Source: CNET, Wall Street Journal

Last week, we found out about Apple's offer to license a bundle of IP -- including its iPhone and iPad design patents -- to Samsung back in 2010. Today, Reuters reports that Apple proposed a similar deal to Microsoft, and the folks in Redmond took them up on the offer. Details of the license itself are scarce, but the deal did, naturally, include an provision expressly prohibiting iDevice copies. So, for folks figuring that Microsoft might face a litigious future similar to Samsung's, think again. Looks like Ballmer and friends had the foresight to buy the rights to those rounded corners, edge-to-edge glass and black bezels on their forthcoming Surface tablets.

Filed under: Cellphones, Tablets

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RIM has successfully appealed its patent infringement verdict against Mformation, letting the company off the hook for $147.2 million in damages. It was originally ordered to pay the stack of cash after a jury found that it had violated a remote management patent, but a California judge has overturned the decision after reexamining the evidence. Mformation still has the scope to appeal and thereby cause a fresh trial to begin from scratch, which could be fun.

Filed under: Cellphones, Mobile

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