Showing posts with label Patents. Show all posts
Showing posts with label Patents. Show all posts

Tuesday, September 25, 2012

Nokia to sue HTC over 8X Windows Phone 8 smartphone design, says its copied from our Lumia 820


There is already a patent war is going on between Apple and Samsung over the design and shape of smartphones, now we are expecting to see one more design patent war between the two leading smartphone manufacturers – Nokia and HTC.

Few days ago, HTC launched its new range of Windows Phone 8 devices named HTC 8X and 8S in a special event, featured by the presence of Microsoft CEO, Steve Ballmer. The new HTC 8X, with no doubt, gives resemblance to Nokia Lumia 820 in design and build at first look and this is what Nokia felt as well, after looking at the device.

Now the news is coming from one of our internal reliable source that Nokia is soon going to file a lawsuit against HTC for copying its patent design in their upcoming smartphone.

The reports are saying Nokia is preparing to get HTC 8X banned in various parts of the world from going on sale when it will launch in November. Nokia has said in reports that the front-face of HTC 8X looks identically same as of the Lumia 820 followed by side-curves of the phone body.

The spokespersons at HTC haven’t said a single word on this news till now. It is expected that both Nokia and HTC are going to launch their new range of Windows Phone 8 Smartphones in November, right after the release of Windows Phone 8 at the end of October. Nokia has already dominated the Windows Phone market since the launch of its Lumia series smartphones and to maintain its leadership in the market, it looks like Nokia is planning to follow the policy of Apple.

[The news is based on the telephonic conversation we had with someone who works with a legal consultation and advisory firm.]

http://www.pc-tablet.com

Nokia to sue HTC for the design of HTC WP 8X

Nokia has decided to follow the footsteps of Apple and the struggle with competitors not only by the issue of new models, but also by prohibiting sales of similar vehicles. The first suspect in copying the design Nokia hit Taiwanese HTC.The essence of the claim is that the HTC Windows Phone 8X very similar to the Nokia Lumia 820, especially when you look at both units at the front. Finns showed their smartphones at the beginning of September, and the NTS only two weeks later. Despite the fact that he had repeatedly said that all smartphones with Windows Phone fairly similar to each other, not only within, but also outside, vice president of Nokia sales and marketing tweeted: "One repetition of color will not be enough to balance innovation Lumia 920 »(It takes more than matching color to match the innovation of the Lumia 920). now reportedly in Nokia apparently considered that not only the color in common smartphone and decided to seek a complete ban sales of HTC WP 8X. It should be noted that due to the nature of the approach Microsoft to limit the ability of manufacturers of smartphones WP8, technical specifications of all devices, regardless of brand will be very close. In addition, HTC and Nokia have received and get a lot of support on the part of Microsoft, and Qualcomm in the development of smart phones based on the OS WP8. And Nokia will have to make really hard, proving that HTC copied the design in two weeks, or provide evidence that the leak had previously. 

Friday, September 21, 2012

Samsung tries to block sales of the iPhone 5 in the U.S.

Samsung is going to put up the same obstacles to selling the iPhone 5, which Apple puts its vehicles for the U.S. market. The company went to court documents, show that Apple violated a number of patents relating to wireless belonging Samsung. Obviously, the first batch will not come under the ban, but on the whole Apple stock looks disagreeable because previously it was her representatives have set a precedent to ban smartphone sales for patent infringement. Currently, Samsung and Apple are lawsuits in 10 countries, with varying success, if Japan and the UK court found that Apple claims are unfounded, the U.S. Samsung billion fine and received a list of devices that are prohibited for sale. Samsung representatives did not hide the fact that for the lawsuit they just pushed Apple's aggressive policy and the measure is total-only appropriate response. They will finish a complete ban on sales of iPhone 5. It is noteworthy that Samsung put forward before counterclaims, but none of them were satisfied with the jury. If this time will side with the South Korean company, Apple will issue far greater than that of Samsung, as the iPhone - the only device, while the U.S. and the main home market sales.

Thursday, September 20, 2012

Samsung tells U.S. court it will soon attack the iPhone 5 with eight patents for a starter


In a case management statement filed late on Wednesday with the United States District Court for the Northern District of California, Samsung expressed its belief "the iPhone 5 will infringe [the eight patents that Samsung is already asserting in a California lawsuit against Apple, two of which have been declared standard-essential] in the same way as the other accused iPhone models", and that it "plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device".

Here's the relevant passage (click on the image to enlarge or read the text below the image):

"Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models. Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device. Because Samsung believes the accused functionality of the iPhone 5 will be similar to the accused functionality of other accused Apple products, Samsung does not believe that amendment of its infringement contentions should affect the case schedule."

The filing was jointly made by Apple and Samsung in their second California litigation, which started this year and is currently scheduled to go to trial in March 2014.

After bringing formal infringement contentions, Samsung could ask for a preliminary injunction against the iPhone 5. It does not mention that possiblity, but it's a procedural fact that a preliminary injunction can only be requested in connection with a lawsuit that will result in either the dissolution of the preliminary injunction or its conversion into a permanent one.

Last year, Samsung sought preliminary injunctions against Apple in other jurisdictions (including France, Italy and the Netherlands), but it has not yet done so in the United States. After its recent trial loss it may want to show that it keeps fighting back.

Apple has also continued to add new products to the list of devices accused in that lawsuit. Three weeks ago, Apple added the Galaxy S III, Note and Note 10.1. It appears that Apple has already served its detailed infringement contentions concerning the S III and Note, but still needs to do so for the Note 10.1. Apple furthermore notes that "the Android 4.1 Jelly Bean operating system" will become one of the accused technologies. That is interesting in light of Google's recent statement on the jury verdict in the first Apple v. Samsung litigation, where Google claimed that "[m]ost of these [patent claims] don't relate to the core Android operating system". I commented on the "core Android" question in a recent post.

Judge Koh will hold a hearing on Wednesday (September 26) to discuss the further management of the second Apple v. Samsung lawsuit she is presiding over. In the meantime, Apple and Samsung will file various post-trial motions in the first one. According to the Korea Times, Apple will seek triple damages: $3 billion. That amount would exceed the total cost of the Curiosity Rover, while the jury's damages award fell short of the cost of reconstructing the Golden Gate Bridge.

http://www.fosspatents.com/2012/09/samsung-tells-us-court-it-will-soon.html

Wednesday, September 19, 2012

War Design: Samsung strikes back

The most visible opposition to Apple and Samsung in patent dispute are not any specific function, and the claim itself to the fact that both companies make the smartphone market, the housing which has a rectangular shape with rounded corners, and the front panel has only one hardware button located on the axis of symmetry of the lower screen. In fact, the list of grievances, expressed in a patent infringement regarding the organization of the functional units is voiced by the media much less. Now, Samsung has in its official blog has posted an entire collection of their devices, which are very similar to the model of Apple, but have been presented earlier. One of these is a multimedia player Samsung YP-Q3, which was introduced in early 2010, but the design is easily guess the solutions used in the Apple iPhone 4, which came two months later. Similarly player Samsung YP-Z5, which generally comes from 2006, but it had a black rectangular case with silver metal trim, actually somewhat reminiscent of the style of iPhone 4/4S . Although it may be just as well be compared with any contemporary phone, for example, Sony Ericsson K750i, which also has a black finish with silver trim "under the metal." drive, of course, the model Samsung F700, which was shown in 2006 and served key to protecting Samsung in court, but the jury did not consider that its design is sufficiently similar to the iPhone. But a rectangle with rounded corners, a large screen and only one button are present. worth noting that Samsung devices resulting image data is not as arguments that Apple copied the wrong decision, but only in proyadke illustrate that, if desired, between devices that share similar functionality can find many common designs, and thus speak of copying does not make sense. 













Saturday, September 1, 2012

Apple has App Store app IP infringement dispute portal, apparently begins rejecting infringing apps


Apple has a portal for developers to file complaints about other App Store apps infringing their intellectual property (IP) rights. This form says that Apple will follow-up via email, and put the two developers in contact.

Apps on the App Store are made available by third party providers. Once you have identified the app and described the alleged infringement on the following pages, we will respond via email with a reference number and will put you in direct contact with the provider of the disputed app. Any further contact with the App Store Legal team should be made via email and should include the reference number in the subject line.

Yesterday, developer Benjamin Mayo noted that Apple may have begun rejecting apps that violate other’s intellectual property. For example, an app that mimicked the popular to-list software Clear, was apparently rejected because it could mislead people looking for the original Clear app.

For those affected prior to Apple’s apparently new rejection policies, this form should be of some help for you.

source

Apple targets more Samsung products in patent suit


Seeking to capitalize on a major legal victory over its rival Samsung Electronics Ltd, Apple Inc has asked a federal court in a separate case to find that four additional Samsung products, including the Galaxy S III, infringe Apple's patents.

In February, Apple alleged that at least 17 Samsung products infringe its patents. In a court filing made in San Jose federal court on Friday, Apple added four more products to the list of allegedly infringing products that have been released beginning in August 2011 and continuing through this month.

Apple won a major victory over Samsung last Friday in a separate case when a jury found that the South Korean company had copied critical features of the hugely popular iPhone and iPad and awarded the U.S. company $1.05 billion in damages.

Samsung representatives did not immediately respond to requests for comment.

The case is U.S. District Court, Northern District of California, Apple Inc v. Samsung Electronics Ltd, et al 12-00630.

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Friday, August 31, 2012

Apple Loses Patent Lawsuit Against Samsung In Japan


Apple Inc. lost a patent lawsuit in Japan as a Tokyo judge ruled that Samsung Electronics Co. (005930) smartphones and a tablet computer didn’t infringe on an Apple invention for synchronizing music and video data with servers.

Apple was ordered by Tokyo District Judge Tamotsu Shoji today to pay costs of the lawsuit after his verdict, the latest decision in a global dispute between the technology giants over patents used in mobile devices. Samsung shares rose, erasing earlier losses.
“It’s hard to believe the products belong to the range of technologies of the claimant,” Shoji said in dismissing Apple’s case.
Apple and Samsung are battling over the smartphone market, estimated by Bloomberg Industries to be worth $219 billion last year, with patent disputes being litigated on four continents. Apple won a $1.05 billion verdict in the U.S. on Aug. 24, with a jury finding that Suwon, South Korea-based Samsung infringed six of seven patents for mobile devices. The two companies are also bound by commercial deals involving components supply.
Apple, the maker of iPhones, sued Samsung, the world’s biggest maker of mobile phones, in Tokyo last year, claiming the Galaxy S, Galaxy Tab and Galaxy S II infringed the patent on synchronization, and sought 100 million yen ($1.3 million) in damages, according to court documents. The Galaxy series of products in Japan is offered by NTT DoCoMo Inc. (9437), the country’s biggest mobile-phone company.
Samsung Shares
Samsung welcomed the decision, the company said in a statement. Carolyn Wu, a spokeswoman for Apple, declined to comment.
The Tokyo court also ruled out today an injunction request by Apple to bar Samsung from offering eight models of Galaxy products in Japan, said Kenichi Hasegawa, a Tokyo-based spokesman for Samsung.
Shares of the South Korean company rose as much as 1.6 percent after the ruling, reversing an earlier decline, and closed 1.5 percent higher at 1.233 million won in Seoul. Apple shares fell as much as 2.1 percent in German trading before changing hands at 528.9 euros.
Samsung doesn’t provide sales figures for Japan. The company generated about 12 percent of its revenue from Asia, excluding South Korea and China, in the quarter ended June 30, according to data compiled by Bloomberg.
Cupertino, California-based Apple got 5.7 percent of its sales in Japan during the same period, according to the data.
IPad, IPhone Bans
“This will likely turn the tide in favor of Samsung,” said Kim Hyung Sik, Seoul-based analyst at Taurus Investment Securities Co. “Samsung had this win in a country that’s strong at intellectual property. The mood is turning positive for Samsung.”
Samsung’s method of synchronizing multimedia content between mobile devices and computers installed with its Kies software doesn’t infringe a patent held by Apple, the Japanese court said in a statement.
The software distinguishes a file by its name and size, contrary to Apple’s claim it uses other information such as the length of content to recognize which files need synchronizing, according to the statement.
NTT DoCoMo will keep making efforts to prevent patent disputes, Naoko Minobe, a spokeswoman for the Tokyo-based carrier, said by phone today.
U.S., Korea Rulings
Both companies were barred from selling some phones and tablet computers in South Korea on Aug. 24 when a Seoul Central District Court ruled they infringed each other’s patents.
Apple was ordered to stop selling the iPhone 3GS, iPhone 4, iPad 1 and iPad 2 in South Korea, while Samsung must stop selling 12 products including the Galaxy S, Galaxy S II and Galaxy Tab. Apple was also ordered to pay Samsung 40 million won ($35,000) and the South Korean company must pay its U.S. rival 25 million won for the patent infringments.
In the U.S., where Samsung had been barred from selling the Galaxy 10.1 tablet, Apple sought to extend the ban to eight models of Samsung smartphones following the jury verdict. U.S. District Judge Lucy Koh in San Jose, California, has scheduled a Dec. 6 hearing on Apple’s request.
In Australia, a preliminary ban on Galaxy 10.1 tablet sales was overturned by the highest court in December. A judge last month began hearing Samsung’s claim that Apple products infringe its patents on wireless transmission. That trial also includes Apple’s claim that Samsung phones and tablets infringe its patents on touch-screen technology.
Samsung retained its position as the world’s biggest seller of smartphones in the second quarter, holding about 35 percent of the market, Strategy Analytics said in July. Apple had the second slot with about 18 percent, according to the market researcher.
The Japan case is Apple Inc. (AAPL) v. Samsung Electronics Japan. Case No. Heisei 23 (WA)27941. Tokyo District Court.

source

Samsung Apple has not paid a fine nickle


The network has information that the company Samsung has paid due billion dollars in fines from Apple. And like how did this by sending the amount due in nickels. However, the source of the news was life iPhone 4 Jailbreak.org, who has previously published a refutation of the information provided. No column of trucks with a nickel near the California office was not Apple and Samsung CEO Tim Cook did not ring, suggesting that the company is urging people not to be penny wise, but needs to recalculate the entire amount (more than 20 billion coins). All this fantasy of unknown pranksters, who, however, may be relevant to the PR department of a company. "convoy of trucks with 20 billion nickels" Employee Apple "takes" of the fine on Samsung actual payment could not be made ​​because the court has not ruled final verdict on the case, and there is only the jury, which may be challenged by representatives Samsung. Payments can also be made ​​after the judge will the verdict, and the company will get a court order for the payment of compensation. Near a hearing will be held on September 20, but it is not yet a final decision on the proceedings. In addition, an amount of $ 1,049 billion when converted to 5-cent coin would have been too much physically - for its transportation would take nearly three thousand vehicles, because one machine can carry about 360 000 in these coins. Shipping Info same mining trucks it was not, and therefore reduced iPhone 4 Jailbreak.org photos do not reflect reality. It is also possible that the 20 billion nickels Samsung is not able to collect.

Thursday, August 30, 2012

Apple vs Samsung hearing December 6

On Monday it was reported that a preliminary ban sales of devices Samsung, violate the patent rights of Apple, has eight positions, and a hearing on the matter will be held on September 20. Now it became known that the December 6, 2012 hearing held Apple against Samsung, which by Apple will be provided a list of devices, sales of which will be completely blocked in the U.S. market. With regard to the hearing on 20 September, it now comes into question, as the judge Lucy Koh (Lucy Koh), on Tuesday said that many hearing following a jury's decision to award payments can be combined. It is known that on September 20 the jury will decide whether to permit sales of the tablet Samsung Galaxy Tab 10.1, as previously decided that this device does not infringe patents Apple. On Monday, after the start of trading due to a court decision in favor of an American company was falling shares Samsung, as traders feared the decline in sales of the company on New Year's period. However, to date rate stabilized at around 4.6% lower than before the announcement of the verdict. If in fact the same judgment with respect to the prohibition of sales of devices Samsung will be made ​​in December, it is largely valueless victory Apple.

Wednesday, August 29, 2012

Hearing on Apple injunction vs Samsung set for December


A U.S. judge on Tuesday set a December 6 court date to hear Apple Inc's request for a permanent injunction against Samsung Electronics' smartphones, which could delay the potential impact of Apple's crushing legal victory.

Apple on Monday identified eight devices it will seek preliminary injunctions against, and said it would file for a permanent sales ban.

A hearing about the preliminary injunctions had been scheduled for September 20 but it is not clear if this issue will be addressed at that hearing or moved to December.

In an order on Tuesday, U.S. District Judge Lucy Koh said that due to the scope of Apple's preliminary injunction request, she believed it was "appropriate" that various post-trial motions be consolidated.

The September 20 hearing will be devoted to Samsung's request to dissolve a sales ban against its Galaxy Tab 10.1. The jury sided with Samsung on that part of the case.

Apple's permanent injunction request will be considered in December -- after attorneys file detailed legal arguments. Representatives for Apple and Samsung could not immediately be reached for comment.

Apple was awarded $1.05 billion in damages last week after a U.S. jury found Samsung had copied critical features of the iPhone and iPad.

The verdict sent Samsung's shares tumbling on Monday as investors fretted about the potential impact to its sales with the peak U.S. holiday season just months away. They have since regained some ground to trade 4.6 percent below their pre-verdict price.

The case in U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, No. 11-1846.

source

Tuesday, August 28, 2012

Apple has named a list of Samsung devices violate its patents

After completion of a patent dispute between Samsung and Apple, in which the Korean company was awarded a fine of one billion dollars, Apple representatives have gone to the next obvious step. Published a list of devices Samsung, which are sold in the U.S. market, and those who violate the patents, for which the company and will pay a fine. These models should be banned for sale in the United States. In total it includes eight smartphones: Samsung Galaxy S 4G Samsung Galaxy S II (AT & T) Samsung Galaxy S II (Skyrocket) Samsung Galaxy S II (T-Mobile) Samsung Galaxy S II Epic 4G Samsung Galaxy S Showcase Droid Charge by Samsung Samsung Galaxy Prevail to top attached and specify exactly which patents violates the model. Based on it the largest number of claims Apple has a Samsung Galaxy S I9000. Newer models violate less. Hearing to ban the sale to be held on September 20, representatives from Samsung will surely be his challenge. Recall that in the case of a positive decision of the court, the ban does not affect the vehicles which have already been supplied to the U.S. market.

You’ve seen Apple’s internal memo to employees on the verdict, now here’s Samsung’s


We were the first to deliver Tim Cook’s internal memo on Apple’s trial victory.  Here’s the other side of the coin:

[Internal Memo] Regarding the Jury Verdict in California

On Friday, August 24, 2012, the jury verdict in our trial against Apple was announced at the US District Court for the Northern District of California. The following is an internal memo that reflects Samsung’s position regarding the verdict:

We initially proposed to negotiate with Apple instead of going to court, as they had been one of our most important customers. However, Apple pressed on with a lawsuit, and we have had little choice but to counter-sue, so that we can protect our company.

Certainly, we are very disappointed by the verdict at the US District Court for the Northern District of California (NDCA), and it is regrettable that the verdict has caused concern amongst our employees, as well as our loyal customers.

However, the judge’s final ruling remains, along with a number of other procedures. We will continue to do our utmost until our arguments have been accepted.

The NDCA verdict starkly contrasts decisions made by courts in a number of other countries, such as the United Kingdom, the Netherlands, Germany, and Korea, which have previously ruled that we did not copy Apple’s designs. These courts also recognized our arguments concerning our standards patents.

History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.

We trust that the consumers and the market will side with those who prioritize innovation over litigation, and we will prove this beyond doubt.

If, when you read “History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.” you thought “Microsoft!”, you are not alone.

source

Wednesday, August 1, 2012

Samsung Goes Public With Excluded Evidence to Undercut Apple’s Design Claims


Denied the opportunity to make the argument in court that the design of the original iPhone was derived from Sony concepts, Samsung has decided to make it in the court of public opinion. Moments ago, the company released to the media two batches of evidence excluded from the trial currently occuring in San Jose, Calif., along with the following statement:
The Judge’s exclusion of evidence on independent creation meant that even though Apple was allowed to inaccurately argue to the jury that the F700 was an iPhone copy, Samsung was not allowed to tell the jury the full story and show the pre-iPhone design for that and other phones that were in development at Samsung in 2006, before the iPhone. The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design. Fundamental fairness requires that the jury decide the case based on all the evidence.
Ahead of opening arguments on Monday, Samsung lawyer John Quinn asked the court to hear further arguments and allow evidence showing that Samsung designs for what became the P700 predate the iPhone. Judge Lucy Koh denied the request, saying that she had already heard three motions to reconsider the point.
Quinn persisted, saying he was begging the court to hear more discussion, something he said he hadn’t done in his 30-plus years of law.
“You’ve made your record for appeal,” Koh said. “Don’t make me sanction you, please.”
Update: Apple’s legal team was quick to take issue with Samsung’s release of evidence excluded from the trial, saying the action was contemptible. Judge Koh was none too pleased with the move herself, calling for an immediate meeting with Quinn.
“Tell Mr. Quinn I’d like to see him today,” Koh said. “I want to know who drafted the press release, who authorized it from the legal team.”

source

Friday, July 27, 2012

Apple: Google Warned Samsung Against Copying Us


When Apple’s patent battle with Samsung heads to trial next week, the iPhone maker plans to build its case using its Korean rival’s own words against it. An unredacted version of Apple’s trial brief bluntly states that Samsung was well aware that its smartphones and tablets bore a striking resemblance to Apple’s iPhone and iPad and that the issue was one the company discussed internally.
“Samsung’s documents show the similarity of Samsung’s products is no accident or, as Samsung would have it, a ‘natural evolution,’” Apple argues in its brief. “Rather, it results from Samsung’s deliberate plan to free-ride on the iPhone’s and iPad’s extraordinary success by copying their iconic designs and intuitive user interface. Apple will rely on Samsung’s own documents, which tell an unambiguous story.”
Among those documents are a few purported to show that Samsung not only deliberately copied certain characteristics of the iPhone and iPad, but was also explicitily warned away from doing so by various third parties, including Google. Below, a sampling of some of Apple’s more compelling points excerpted from its brief.
In February 2010, Google told Samsung that Samsung’s “P1” and “P3” tablets (Galaxy Tab and Galaxy Tab 10.1) were “too similar” to the iPad and demanded “distinguishable design vis-à-vis the iPad for the P3.”
In 2011, Samsung’s own Product Design Group noted that it is “regrettable” that the Galaxy S “looks similar” to older iPhone models.
As part of a formal, Samsung-sponsored evaluation, famous designers warned Samsung that the Galaxy S “looked like it copied the iPhone too much,” and that “innovation is needed.” The designers explained that the appearance of the Galaxy S “[c]losely resembles the iPhone shape so as to have no distinguishable elements,” and “[a]ll you have to do is cover up the Samsung logo and it’s difficult to find anything different from the iPhone.”
Damning stuff — as presented in this context, anyway. And it will be interesting to see how Samsung’s legal team rebuts it. That said, Samsung does have some ammunition of its own. Specifically, some 2006 internal design presentations that outline a mobile UI similar to the one that ultimately debuted on the iPhone, a handy before-and-after-the-iPhone-handset comparison and some internal Apple emails that it claims suggest “Apple’s ‘revolutionary’ iPhone design was derived from the designs of a competitor — Sony.”
Add to that Samsung’s claim that Apple’s lawsuit is anticompetitive and its argument that the iPhone maker should pay it for using patented technology, without which it “could not have become a successful participant in the mobile telecommunications industry,” and next week’s trial is shaping up to be a contentious one indeed.

http://allthingsd.com

http://assets.sbnation.com/assets/1259298/Beat_Apple_Court_Docs.pdf

Wednesday, July 4, 2012

Google's Nexus 7 tablet infringes Nokia patents


THE GOOGLE NEXUS 7 is already in hot water, as Nokia claims that the tablet infringes some of its patents.
Announced last week, the Asus built Nexus 7 is Google's first own-brand tablet and boasts Android 4.1 Jelly Bean, a quad-core processor and a mere £159 SIM free price tag. However, Nokia has alleged that it is not licensed for certain Nokia patents.
It's believed that the patents in question have to do with the IEEE 802.11 WiFi standard, and Nokia told us that neither Google nor Asus have sought to license the technologies.
A Nokia spokesperson told The INQUIRER, "Nokia has more than 40 licensees, mainly for its standards essential patent portfolio, including most of the mobile device manufacturers. Neither Google nor Asus is licensed under our patent portfolio.
"Companies who are not yet licensed under our standard essential patents should simply approach us and sign up for a license."
However, unlike Apple, it's doubtful that Nokia will seek injunctions against the Google Nexus 7. Instead, Nokia is more likely to request that Google or Asus obtain the proper licenses.
Update
An Asus spokesperson refused to comment on Nokia's claims, saying, "at the moment, Asus will not be providing any response/comment related."

source

Tuesday, July 3, 2012

Galaxy Nexus ban remains in effect (for now), Apple posts $95.6M bond, Google stops selling


There are no surprises at this point with respect to Apple's U.S. preliminary injunction against the Galaxy Nexus.

At close of business on Tuesday, Judge Koh denied Samsung's motion to stay the injunction pending appeal or until the Federal Circuit has decided whether to stay. This was widely expected. Judge Koh previously denied a motion to stay the Galaxy Tab 10.1 injunction. Samsung still has the chance to persuade the Court of Appeals for the Federal Circuit to grant a stay, but it's not going to be easy. The Federal Circuit is also going to take note of the fact that Samsung infringed all four of the patents asserted in the motion for a preliminary injunction (even though Apple prevailed on only the Siri patent in Judge Koh's equitable analysis).

Having read Judge Koh's order denying the stay, I think she was quite underwhelmed by the strength of Samsung's appellate arguments. She went into quite some detail on Samsung's claim construction arguments and the related non-infringement and invalidity contentions. She didn't say much about Samsung's argument that the '604 patent covers an aspect of Siri, but cannot be equated to Siri since Siri, as a technology, includes a whole lot more than just the technique described by that one patent. Judge Koh continues to equate the two, and this part of the argument at the appeals court could become the most interesting one. Siri undoubtedly is a whole lot more than this one patent, but without this patent, it's hard to have Siri-like functionality as long as it's interpreted as broadly as in the injunction order.

After Judge Koh made her decision, Apple posted its $95.6 million bond (click on the image to enlarge):

I believe Apple could have done so even a day earlier but waited because the motion for a stay was pending. For Apple, getting a $95.6M bond issued is just as easy as getting a $2.6M bond (like in the Galaxy Tab 10.1 case): it can be done on any given business day. But the difference is that Samsung had already brought a motion for a stay over the weekend and I guess Apple didn't want to be presumptuous by posting the bond before Judge Koh's decision on a pending motion, even though I'm sure Apple didn't expect Samsung's motion to succeed anyway.

AllThingsD's Ina Fried reported on an interesting observation: Google has removed the Galaxy Nexus from its online offerings. It's still listed, but not described as being currently available. Previously, AllThingsD also reported on Google's announcement to push out a software update that will work around the preliminary injunction patent. The big question here is going to be how they will steer clear of infringement: since this is not a standard-essential patent, it's definitely possible to build a smartphone that doesn't infringe the '604 patent, but based on the court's claim construction, it's hard to see how a modified version of Android can still provide Siri-like unified search. Or to put it differently: unless Google removes the Siri-like unified search functionality altogether, we're in for an enforcement dispute, and the risk for Samsung would be to be found in contempt. Tough choices.

Today is Independence Day in the United States, but in the land of the free Samsung isn't free to sell the Galaxy Nexus, for now.

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Monday, July 2, 2012

CHINA COURT: APPLE PAYS $60M TO SETTLE IPAD CASE


Apple has agreed to pay a Chinese company $60 million to settle a dispute over ownership of the iPad name, a court announced Monday, removing a potential obstacle to sales of the popular tablet computer in the key Chinese market.

Apple Inc. says it bought the global rights to the iPad name from Shenzhen Proview Technology in 2009 but Chinese authorities say the rights in China were never transferred. A Chinese court ruled in December that Proview still owned the name in China and the company asked Chinese authorities to seize iPads.

"The iPad dispute resolution is ended," the Guangdong High People's Court said in a statement. "Apple Inc. has transferred $60 million to the account of the Guangdong High Court as requested in the mediation letter."

China is Apple's second-largest market after the United States and the source of much of the Cupertino, California-based company's sales growth.

Proview hoped for more money but felt pressure to settle because it needs to pay debts, said a lawyer for the company, Xie Xianghui. He said the company had hoped for as much as $400 million and might still be declared bankrupt in a separate legal proceeding despite the infusion of settlement money.

"This is a result that is acceptable to both sides," Xie said.

The dispute centered on whether Apple acquired the iPad name in China when it bought rights in various countries from a Proview affiliate in Taiwan for 35,000 British pounds ($55,000).

The December court ruling said Proview, which registered the iPad trademark in China in 2001, was not bound by that sale, even though it was part of the same company.

Shenzhen Proview Technology is a subsidiary of LCD screen maker Proview International Holdings Ltd., headquartered in Hong Kong.

source

Wednesday, June 27, 2012

Apple Wins Injunction Against Samsung’s Galaxy Tab


Apple has won its greatest victory yet in its sprawling intellectual property battle with Samsung: An injunction against U.S. sales of what was until recently the Korean company’s marquee Android tablet.
U.S. District Judge Lucy Koh late Tuesday issued a ruling granting Apple’s request for a preliminary injunction banning sales of the Galaxy Tab 10.1 tablet in the United States, pending further review. The Galaxy Tab 2 10.1, which Samsung uncrated last month, is not affected.
“Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products,” Koh wrote in her order, adding that the strength of Apple’s case on the merits left her no choice but to grant the injunction. “While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court.”
Now this is only a preliminary injunction and Samsung will certainly appeal it. But make no mistake, it’s a nasty blow to Samsung. Note that Koh issued her order a few days prior to a Friday hearing on Apple’s injunction request. Evidently, she didn’t feel the need to hear any further arguments on the matter before ruling on it. Which is interesting, as Koh denied a previous Apple request for an injunction against the Galaxy Tab 10.1 last December.
Koh’s order will become effective as soon as Apple posts a $2.6 million bond to protect Samsung if it is later determined that the injunction should not have been granted.
Reached for comment, Apple reiterated the same message it has been hammering at since this debacle began. “It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging,” spokeswoman Kristin Huguet told AllThingsD. “This kind of blatant copying is wrong and, as we’ve said many times before, we need to protect Apple’s intellectual property when companies steal our ideas.”
Meanwhile, Samsung took a shot at Apple’s case as well as its patent litigation strategy. “Apple sought a preliminary injunction of Samsung’s Galaxy Tab 10.1, based on a single design patent that addressed just one aspect of the product’s overall design,” Samsung said in a statement. “Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted.”

source

Friday, June 8, 2012

Apple intends to block the sale of Samsung Galaxy S III in the U.S.

As it became known, followed by an attempt to block supplies of HTC smartphones in the U.S. market, Apple is going to prevent the penetration of both quad rival iPhone, smartphone Samsung Galaxy S III. Lawyers have asked the court to prohibit the pre-delivery model, adding it to the proceedings already under way on another machine - Samsung Galaxy Nexus. According to representatives of Apple, Samsung Galaxy S III is sufficiently similar to the Samsung Galaxy Nexus, to take on a similar measure. In this case, if the court granted the request, the American buyers will not get in the near future, a single version of the flagship of Samsung's North American market. In this case we already know that Samsung is developing a five nearly identical versions of the Samsung Galaxy S III in order to present them to each of the major U.S. carriers. Among the claims against Samsung Galaxy S III, nominated by Apple, on the basis of the study version of the device is intended for the UK market, the presence of a two-proprietary solutions from the four who were found in the Galaxy Nexus. Among them are called the system of universal search and smart links. In this respect the other two (the system and unlock the keypad solutions in the implementation) of the final opinion on Apple's part no, but her lawyers believe that the similarity is sufficient to connect the unit to the same cause. In response to Samsung representatives said that the decision is too hasty, and without a sufficient factual basis. In addition, in their view, the inclusion of one more unit would require a revision of the original charges of copying, as will new factors. So if Apple is going to block the Samsung Galaxy S III, then it should start a separate trial.