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Posts Tagged ‘Monetary Damages’

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 Ellison’s crew has finally withdrawn the last remaining claim of patent number 6,192,476 from the litigation — the very same patent that had 17 of 21 claims wiped out earlier during a USPTO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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Apple cracks down on counterfeit products sold in NYC, files lawsuit against Queens vendors

Friday, August 19th, 2011

There may be more than a few fake Apple Stores in China, but for the moment, Cupertino’s anti-KIRF crusade seems focused squarely on New York City. According to Reuters, Apple has filed a trademark infringement lawsuit against two stores in Queens, alleging that they sold unauthorized cases, headphones and other accessories for the iPhone, iPad and iPod. In the complaint, the company claims that the products in question were all emblazoned with its familiar fruit logo, along with the phrase, “Designed by Apple in California. Assembled in China.” The suit also demands that one of the stores, called Apple Story (seriously), change its name to avoid confusion with the real retail outlet and that both vendors disclose full lists of people who both supplied and purchased the goods.

It all began when company representatives visited the Chinatown-area stores on “multiple occasions over several weeks,” where they bought and examined the items, described in court records as “exact duplicates” of their authentic counterparts. On July 27th, Apple executed a few ex parte seizure warrants, which allowed authorities to seize any goods bearing its logo. US District Judge Kiyo Matsumoto has already granted an injunction to stop the stores from selling the alleged knockoffs, but hasn’t yet decided whether Apple Story will have to change its name. The complaint also seeks undisclosed monetary damages and asks that all existing counterfeit goods be destroyed, though court documents suggest that both sides are close to reaching a deal. Neither Apple nor the defendants have commented on the accusations, but we’ll let you know as soon as we learn more.

In the meantime, check out this KIRF “iPhone 5″ we found in Beijing — a Java-powered handset that’s slimmer than the Galaxy S II and a bit laggy, but boasts a multitouch capacitive screen. Asking price? ¥680, or about $106.

Apple cracks down on counterfeit products sold in NYC, files lawsuit against Queens vendors originally appeared on Engadget on Fri, 19 Aug 2011 04:45:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceReuters  | Email this | Comments

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Sony Ericsson sues Clearwire for trademark infringement

Monday, January 17th, 2011

Quick, can you tell these two swirling orbs apart? That’s Sony Ericsson’s logo on the left, and Clearwire’s on the right — and SE thinks they’re confusingly similar enough to have filed a federal trademark lawsuit in Virginia. The situation is pretty basic: Sony Ericsson holds trademark registrations on the various iterations of its sphere logos, and the company thinks Clearwire is confusing the mobile market with its version — and it definitely doesn’t want Clearwire to stamp the logo on phones, which Clearwire is eventually planning to do, money problems or no. SE’s asked the court to forbid Clearwire from using the logo and for a host of monetary damages, which seems like a big risk for a company that’s having cashflow problems to begin with — we’ll see what happens.

[Thanks, Alex]

Sony Ericsson sues Clearwire for trademark infringement originally appeared on Engadget on Mon, 17 Jan 2011 18:53:00 EDT. Please see our terms for use of feeds.

Permalink Northwest Innovation  |  sourceSony Ericsson complaint (PDF)  | Email this | Comments

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Sony files ITC complaint about LG, adds another patent infringement lawsuit to the stack

Wednesday, December 29th, 2010

Did the world’s tech giants just discover they have lawyers on retainer? That’s certainly how it seems, as company after company has decided ’tis the season to target the competition with patent infringement allegations. Sony, the latest, is aiming squarely at LG, claiming that the Korean manufacturer’s violating eight patents with its mobile devices — including the LG Fathom, Xenon, Neon, Remarq, Rumor 2, Lotus Elite and VL600 LTE modem — claiming that these devices transmit variable-bandwidth audio streams, live-preview camera snapshots, hand off cellular calls and more in ways that infringe Sony’s intellectual property. Sony’s now filed both an ITC complaint in an attempt to ban new product shipments from the US, and a lawsuit in federal court that will no doubt seek monetary damages. Now, if recent history is any indication, LG will turn around and smack Sony with a patent stack of its own, and we’ll all go back to dreaming about LG devices we’d actually care to purchase.

Sony files ITC complaint about LG, adds another patent infringement lawsuit to the stack originally appeared on Engadget on Wed, 29 Dec 2010 22:22:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceBloomberg, AP  | Email this | Comments

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