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Posts Tagged ‘Infringement’

Oracle drops patent from Google lawsuit, Google moves to strike Oracle’s third damages report

Monday, February 20th, 2012
Oracle drops patent from Google lawsuit, Google moves to strike Oracle's third damages report

After much sound and fury in its legal proceedings for IP infringement against Google, Oracle’s claims continue to be whittled away. Judge Alsup has been on Oracle’s case to downgrade its damages claims for months now, and on Friday, he got yet another reason to do so. Ellison’s crew has finally withdrawn the last remaining claim of patent number 6,192,476 from the litigation — the very same patent that had 17 of 21 claims wiped out earlier during a USPTO re-examination proceeding. Additionally, Google has filed a motion to strike Oracle’s third damages report for, once again, artificially inflating the monetary damages in its expert report. No one can say for sure how the judge will rule on that motion, but given that Oracle’s got less IP than ever with which to allege infringement, it seems likely that the Court will send it back to the damages drawing board.

Oracle drops patent from Google lawsuit, Google moves to strike Oracle’s third damages report originally appeared on Engadget on Mon, 20 Feb 2012 22:37:00 EDT. Please see our terms for use of feeds.

Permalink The Inquirer  |  sourceLetter from Oracle (PDF), Google motion to strike (PDF)  | Email this | Comments

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German court dismisses Motorola patent lawsuit against Apple

Saturday, February 11th, 2012

On Friday, the Mannheim Regional Court of Germany announced that Motorola’s patent lawsuit against Apple had been dismissed. The patent in question was considered essential to the 3G/UMTS wireless telecommunications standard and was used as a “method and system for generating a complex pseudonoise sequence for processing a code division multiple access [CDMA] signal.” Judge Andreas Voss claimed that Motorola failed to present conclusive evidence that Apple infringed upon its patent, however, according to FOSS Patents. Rather than demonstrating Apple’s infringement, Motorola argued that any implementation of 3G/UMTS must then inevitably infringe on the company’s invention. Last December, the manufacturer won an injunction against the Cupertino-based company to ban the sales of iPhones and iPads. The ruling was upheld earlier this month and Apple’s devices were temporarily pulled from shelves, before returning soon after.
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Elan: ‘Apple’s paying us $5 million for multitouch patents’

Thursday, January 5th, 2012
Remember the longstanding patent punch-up ‘twixt Cupertino and Elan Microelectronics? No? Well, Taiwan’s Elan said that Apple infringed two of its multitouch patents, which the ITC disagreed with — the judge stating he found no infringement and therefore no cause for an outright ban on sales of iDevices. Now, in a rather strange twist, and perhaps just to extricate itself from the case completely, The Haus of Tim is paying $5 million to Elan in an out-of-court settlement. Aside from the relatively paltry sum of cash, the settlement also allows the companies to cross-license each other’s relevant patents — a deal which might arguably serve Elan better than it serves Apple.

Elan: ‘Apple’s paying us $5 million for multitouch patents’ originally appeared on Engadget on Thu, 05 Jan 2012 06:59:00 EDT. Please see our terms for use of feeds.

Permalink Reuters  |  sourceTaiwan News  | Email this | Comments

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HTC wins injunction against IPCom, which tried to sue 100 HTC retailers in Germany

Thursday, December 22nd, 2011

HTC now has the upper hand in a legal battle with German patent firm IPCom. IPCom won a lawsuit in 2009 related to UMTS technology under which it believed it had the right to ban German retailers from selling HTC smartphones. HTC, however, argued that IPCom’s case was no longer valid and ignored the injunction entirely. As a result, IPCom recently tried to take the law into its own hands by suing more than 100 retailers that continued to sell HTC phones. ”Since this deadline has passed without any of the retailers complying, IPCom has sued them for infringement of patent #100A themselves,” IPCom said, noting that it issued cease and desist letters to each retailer on December 6th asking them to stop selling HTC phones by December 20th. According to Taiwan Economic News, the German Dusseldorf court recently granted HTC an injunction that forces IPCom to stop harassing HTC’s retailers with lawsuits. The injunction should be a relief for HTC, which could have faced fines of up to €250,000 for each handset sold under the terms of the original injunction.

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Cequint sues Apple over caller ID patents

Tuesday, December 13th, 2011

Seattle-based Cequint Inc. filed a lawsuit against Apple accusing the company of infringing on two patents related to its caller ID technology. “Cequint has been damaged by Apple’s infringement,” the company said in its complaint, filed in a federal court in Wilmington, Delaware. The firm argues that it “will be irreparably harmed” should Apple continue to use its patents without permission. Apple is locked in a number of patent lawsuits around the globe with other companies such as Samsung and HTC, as well. Apple is currently seeking to ban the Samsung Galaxy Tab 10.1N in Germany and, until recently, had successfully banned the Korea-based company from selling the Galaxy Tab 10.1 in Australia. 

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Microsoft moves to block sale of Motorola Android phones

Tuesday, August 23rd, 2011

Microsoft opened its case in front of the United States International Trade Commission on Monday in an attempt to block Motorola Mobility from selling its Droid 2, Droid X, Cliq XT, Devour and Backflip smartphones in the U.S. Microsoft believes that Motorola Mobility is infringing on seven of its patents related to how a user interacts with calendars, contacts, email and more. “We have a responsibility to our employees, customers, partners and shareholders to safeguard our intellectual property,” Microsoft’s corporate vice president and deputy general counsel for litigation David Howard told Bloomberg. “Motorola is infringing on our patents and we are confident that the ITC will rule in our favor.” Google recently announced its intentions to purchase Motorola Mobility for $12.5 billion in an effort to bolster its patent portfolio and help its Android partners fight in lawsuits against Apple and Microsoft. A Motorola Mobility spokeswoman told Bloomberg that the company is “vigorously defending … against Microsoft’s patent attack business strategy,” and that the company has also “brought legal actions of our own in the U.S. and in Europe to address Microsoft’s large scale of infringement of Motorola Mobility’s patents.” The U.S. ITC expects to conclude its investigation of the matter by March 5th.

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Judge denies Apple’s request to speed up its suit against Samsung

Wednesday, July 13th, 2011

Apple’s lawyers in its lawsuit against Samsung are an impatient bunch. First, they asked the court for an accelerated discovery process so they could get their hands on Sammy’s forthcoming products ASAP. Then they filed a motion to trim the time until trial and asked for an order shortening the time to file the briefs for that motion. Yesterday, the court told Apple to slow its roll by denying its request to compress the briefing schedule. In doing so, the judge cited Apple’s knowledge of Samsung’s alleged infringement for more than a year and the fact it engaged in license negotiations with the Korean company during that time — which the court thinks undermines Jobs and Co.’s argument that they’ll suffer substantial harm without a hurried hearing schedule. It’s a minor ruling in the grand scheme of things, but it indicates that Apple’s cries to condense the time until trial may fall upon deaf judicial ears. Looks like the folks in Cupertino may have to look to the ITC if they want the rocket docket treatment.

Judge denies Apple’s request to speed up its suit against Samsung originally appeared on Engadget on Wed, 13 Jul 2011 21:03:00 EDT. Please see our terms for use of feeds.

Permalink FOSS Patents  |  sourceOrder (PDF)  | Email this | Comments

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Judge denies Apple’s request for expedited patent trial with Samsung

Wednesday, July 13th, 2011

A federal judge on Tuesday denied Apple’s request for an expedited trial in the company’s patent case against Samsung, FOSS Patents reports. “The Court agrees [with Samsung] that Apple has not established substantial harm or prejudice justifying a shortened briefing and hearing schedule for its Motion to Expedite,” Judge Lucy Koh of the U.S. District Court for the Northern District of California said. Judge Koh also pointed out that Apple “had been aware of its infringement claims for at least a year and engaged in negotiations with Samsung during that time,” so the company has had more than enough time to consider possible legal courses of action. Apple recently filed requests with both a U.S. district court and with the International Trade Commission seeking a preliminary injunction to block the import and sale of several of Samsung’s mobile devices. Apple calls the devices, which include Samsung’s Galaxy Tab 10.1 and the DROID Charge, “copycat” products that infringe on Apple patents and mimic Apple designs.

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Kodak granted reprieve in its ITC battle with Apple and RIM

Friday, July 1st, 2011

Kodak scored a small victory this week in its International Trade Commission (ITC) case against Apple and RIM for their devices’ infringement of Kodak’s patent on picture previews. Back in January, an ITC administrative law judge (ALJ) made an initial determination that the patent was invalid and that iPhones and Blackberrys don’t infringe Kodak’s IP. After reviewing the decision per the parties’ request, the Commission changed a few of the ALJ’s patent claim interpretations and remanded the case for fresh analysis regarding both infringement and validity. Kodak, naturally, is painting the remand as a victory, even going so far as issuing a celebratory press release. Such swagger seems a bit premature, however, as the judge could once again find in favor of the crowds from Cupertino and Waterloo. The next Kodak moment isn’t until August 30th, when the ALJ is due to render his ruling. Stay tuned.

Brian Heater contributed to this post.

Kodak granted reprieve in its ITC battle with Apple and RIM originally appeared on Engadget on Sat, 02 Jul 2011 01:41:00 EDT. Please see our terms for use of feeds.

Permalink Bloomberg  |  sourceITC [PDF]  | Email this | Comments

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Apple takes Lodsys patent fight to court

Friday, June 10th, 2011

A few weeks back, a patent-holding company called Lodsys began contacting developers and asking them to cough up money for using their in-app purchasing technology without a license. Apple intervened briefly and said that its developers are covered under its own license, but now the company has taken the matter to court with an official movement to intervene. The motion officially states:

Apple Inc. hereby respectfully moves to intervene as a defendant and counterclaim plaintiff in the above-captioned action brought by plaintiff Lodsys, LLC against seven software application developers for allegedly infringing U.S. Patent Nos. 7,222,078 and 7,620,565. Apple seeks to intervene because it is expressly licensed to provide to the Developers products and services that embody the patents in suit, free from claims of infringement of those patents.

Hit the jump for more of the back story.

Apple’s move is in addition to a separate suit from ForSee Results, which filed a declaratory lawsuit against Lodsys on June 10th. Lodsys has remained inexorable in its belief that developers are in debt. “We stand firm and restate our previous position that it is the 3rd party Developers that are responsible for the infringement of Lodsys’ patents and they are responsible for securing the rights for their applications,” Lodsys said in a recent statement. Lodsys has also targeted Android developers, but we have yet to hear what Google’s role in this battle will be.

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Samsung Demands To See the iPhone 5 and iPad 3 In Court [Legal]

Saturday, May 28th, 2011

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