Displaying items by tag: Legal

Tuesday, 16 August 2011 20:41

HTC fights back against Apple’s latest ITC Win

73In news that surprises no one HTC has filed a complaint and suit against Apple today for… you guessed it Patent Infringement. All of this began not too long ago when Apple started its campaign against Android Phone makers claiming that Samsung, HTC and a few others have violated Apple’s patents on various functions and even the look and feel of their method of finger scrolling. Apple has one the first round in many of these cases, but things seem to be turning around.

It has recently come to light that Apple’s evidence in the Samsung Galaxy Tab 10.1 case is inaccurate. Apple’s legal team knowingly or accidentally submitted false evidence to show that the Tab was a copy of the iPad and iPad2. We do not know the outcome of this incident yet (but we are keeping our eyes open) but it is probably not going to be good for Apple.

Meanwhile HTC has just announced that it is filing its own patent suit against Apple that covers not only the iPad, iPhone and iPod but also every MAC computer with wireless technology that has “Wi-Fi capability that allows users to wirelessly network multiple devices at home, at work, or in public” as covered by US Patent 7,417,944. There is more to the complaint and suit which covers three specific patents (U.S. Patent Nos. 7,417,944, and 7,672,219 and 7,765,414). This is interesting as HTC has not even broken out their S3 Patents yet. These patents came from a purchase of ADC Telecommunications Patents back in April of this year that cover many wireless and even 4G technologies. ADC was later bought by Tyco Electronics (which became TE Connectivity) who sold its wireless communication division to Harris Corp.

Now think about this, if the ADC Telecommunications patents do not cut it they can always push for action based on the new S3 Patents HTC has recently picked up. As we said a couple of days ago; things are getting rather interesting.

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TransformerApple has been having a blast dropping patents for vague concepts and even an entire device type (with their pending Pico Projector patent) regardless of prior art and at times regardless of if the patent is actual technology or not (the look and feel of something). Then they take these patents and wave them in the face of judges that have no real idea of what the patent is (or is not) covering asking for injunctions and outright bans on products from companies that are relatively underfunded in the legal department. If you ask Apple about this they will stand and say that they are protecting their Intellectual Property (which in many cases was “borrowed” from another company that cannot afford a legal fight with Apple like S3). This abuse of the patent and copyright system is detestable, but is an article for another day.

The question I am wondering is, why has Apple not gone after Microsoft? Windows 7 on a tablet has Pinch to Zoom, finger gestures and even the same “look and feel” when you scroll with your finger. Now, I could be wrong, but if Apple is trying to protect their IP you would think they would be going after Microsoft in a big way. I am also pretty sure they would be adding Asus (who has one of the best-selling Windows Based Tablets on the market right now) to their legal wish list as well. So, why do they leave these two obvious copy cats out of the litigation arena?

Well, here are a few reasons that we were able to come up with based on research. Microsoft is safe simply because they have bailed out Apple multiple times in the past and also have several patents and items that Apple needs to survive (Office for Mac is still a huge seller). Whether the Apple faithful and Steve Jobs want to admit it or not Apple owes it very existence to their rival; without Bill Gates and Microsoft we would be talking about Apple in the past tense. Right now Adobe is wishing they had dropped money into that bailout instead of just spending time and money making their products work on Apple’s RISC (Reduced Instruction Set Computer) based systems (the PowerPC days). If they had, they perhaps they would have some leverage in the whole HTML5 Vs. Flash competition. This also applies to Microsoft’s net generation operating system Windows 8. In fact is applies even more as Microsoft is writing it to work on ARM based CPUs. The previews that we have seen also make it very tablet friendly and an obvious threat to Apple’s weakening hold on the tablet market. Yet, we have heard no call to arms from the Apple legal team over this.  

So, what about Asus and their tablets? Asus is also untouchable right now because they also have something that Apple wants; A manufacturing facility. Apple has been looking for alternatives to Foxconn due to the bad press surrounding the company’s many suicides. The world now knows that the iPhone, iPod and many other Apple products are assembled there and with the many deaths over working conditions at these plants the eyes are turning to look at Apple. The question has already been raised by many humanitarian groups “why has Apple done nothing about this?” You would think that a company that claims to be so “Green” and Earth Friendly would be appalled by what is happening over there. However, other than a few press releases (which usually tame the faithful) Apple has done nothing. At least on the surface, we have heard rumors that Apple is courting Pegatron as an alternative manufacturing site for the next generation of iToys. If this is true (and as of now we have no evidence to the contrary) then Apple would not want to get Asus upset. After all Asus owns Pegatron. It is their manufacturing company.

So then next time you hear an Apple press representative standing on the soapbox and loudly declaiming how they are protecting their Intellectual Property from the masses of thieves and copy-cats out there, just remember that they are only throwing this around at the companies they feel they can bully into submission. In the end no one likes a bully, and bullies usually reap what they sow in the long run.

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Tuesday, 09 August 2011 07:15

Apple is at it again

73Ugh! I know people love Apple and they do make some cool gadgets, but it is getting ridiculous when they continue to go after company after company with patent lawsuits while illegally violating other’s patents. Now Apple the ITC is reviewing a complaint claiming that rival HTC has violated Apple’s patents with even more phones and a tablet. Apple wants an injunction to prevent HTC from being able to import these devices into the US (I guess that is one way to beat the competition).

At the same time they are doing this they have been found to be illegally using patents held by graphics company S3 (now owned by HTC). I have an idea for the legal system… how about you not allow any lawsuits by ANY company not in compliance with patent laws themselves. Make them prove they are not violating the same laws they are trying to abuse before you even let them in the door. My bet is that this will stop a ton of these useless and anti-competitive wastes of time and money long before they start.


Source CNET

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73In what is a rather interesting move for the mischievous group known as ANONYMOUS we are hearing they are working to file a real, legal class action law suit against what they are calling “private Federal Reserve Bank and it's shareholders”. Their claim is simple, they are angry that the Fed allowed the toxic debt that were building in 2008 and 2009 (and before when you really get to it) and now want accountability. They are asking everyone to join in for this. They have posted a PR statement and also Youtube video explaining everything. Since a picture is worth a thousand words we will let them speak for themselves but have also posted up their typed PR Statement.

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73Only a couple of days ago we wrote about how Apple is trying to control the content on your phones, media players and even your home computers. Well today is a day for those that have found this behavior truly offensive.  It seems that someone found a judge in the federal court system that does not feel obliged to overlook Apple’s rude and anti-competitive habits.

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