Displaying items by tag: patents

Just when you thought it was safe to go back in the patent waters Samsung and Apple are back at it again. This is only days after the two company’s CEOs have agreed to sit down to try and work things out. We would love to be present for that meeting though. Still it does not look like these two mobile giants will be getting along anytime soon. What makes the situation even more interesting is that Samsung is a major supplier of parts for many of Apple’s products (and helped to make the SoC that is inside Apple’s iDevices).

Although this is not “News” any longer we thought that we would touch on something that has been happening in the Apple/Motorola Mobility/Google legal war. As we mentioned a while ago Apple had demanded that Google (the soon to be owner of Motorola Mobility) had over all documentation on Android Development as part of the patent lawsuit that they have with Motorola Mobility. The law suit pre-dates Google’s bid for the company and seemed out of place with the current fight.

We have talked about Apple’s business model and their corporate ethics before so when we found out that they are suing Eastman Kodak while they are in the midst of declaring bankruptcy we were not shocked or surprised. In fact if you look at Apple’s history they spend more time in court accusing other companies of breaking the laws than AMD did trying to fight Intel.

The US Patent and Trademark Office (USPTO) has launched a new exhibit with the help of Invent Now, Inc. The Exhibit is features the Patents of Steve Jobs; and has been designed to look like a long string of iPhones. According to the USPTO the exhibit will feature over 300 patents that were awarded for Steve Jobs along with some of Apple’s trademarks.

There was a time when IBM was the largest patent holder in the tech world. In fact the joke was that IBM did not have to actually make anything anymore. They could sit back and maintain their profitability with their licensing and royalty fees. Of course this was exaggeration, but IBM did have a massive portfolio and the revenue to back it up. Now, it seems that Microsoft is looking to take IBM’s top spot. They have been busy pressuring and perhaps bullying companies that make Android and Chrome mobile devices to sign agreements with them. The agreements sound a lot like the old Mobster movies. “Hey you pay me 10 (million) dollars a week and we will make sure,… you know, that nothing bad will happen to you.”

In short Microsoft is offering protection from patent litigation in return for a small cut of the manufacturing profits from Android and Chrome devices. Now you may think this is all very unethical and you would be right. However, there is no law against this. Just like there is no law against patenting the look and feel of something. To be honest, this is a last ditch effort on the part of Microsoft. They know they are losing the mobile war and that Windows Phone will be a thing of the past in a few short years. Right now they are just trying to replace the income they know they are going to lose with a little extra from someone else’s pocket.

Source Fudzilla

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If you did not see this one coming then you are either deluding yourself or perhaps your just discovered this thing call the Internet. It seems that despite a temporary ban on Sales of the Galaxy Tab 10.1 in Australia sales are still booming. According to the Sydney Morning Herald the only ones that are being forced to comply with the ban are the local resellers. One of these Harvey Norman has let their displeasure known and have asked that both Samsung and Apple do something about it.

The problem is that Harvey Norman is looking to lose out on a possible $30 Million in retail sales because of this ban. This, coincidentally, is why Apple wants the ban in the first place. Oh they have put on a good show about their Intellectual Property being stolen and that the Tab 10.1 is a copycat product and many other items all of which were, unfortunately, bought by the judge presiding over the hearings.

This judge then issued a temporary ban on all sales of the Tab 10.1 in Australia. Technically this should mean online sellers that can ship there as well. However, as we have already mentioned this is not the case. According to several lawyers enforcing a complete ban especially one that is only temporary is near impossible and the amount of resources and money that it would take to track down every person that purchases one through the internet is simply not worth it. This loophole works in Samsung and the consumer’s favor even if it does lock out the local resellers.

While Apple has not made any comment on the situation yet they have made some of their usual threats to smaller online resellers some of which have stopped selling the offending tablet. Other and more larger online outlets have refused to be bullied and are still offering the popular iPad alternative for sale.

Our take on this is that Apple has such a culture of control they feel they have the right to shut out other companies even if they have to fudge the evidence or file knowingly invalid patents (ones either too broad, cover concepts, or the look and feel of something) by putting on some extra legal pressure. It really is time they discovered that consumers want what they want. Sometimes that is Apple and sometimes it is not. However, by trying to block competition and limit consumer choice we think that Apple could soon find the rather fickle market turning on them and finding way to get alternatives even if they are less than legal.

Source The Sydney Morning Herald

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Well it is time for another Apple Legal Round up. On Friday October 14th 2011 we find that Apple has managed to get a preliminary injunction on the sales of some of Samsung’s products in Australia. Most notable in this ban is the Galaxy Tab 10.1. This injunction and ban was handed down after Apple rejected a compromise offer to Apple. Apple is using this offer to bolster their claim that the Tab is a copy of their iPad and that it infringes on their Intellectual Property. On the other hand their rejection of this could be seen as an indication that they are not looking to cooperate and just want a competing product off the market. Either way the ban will be in place until after the case in heard in court.

In the Netherlands, Apple has managed to avoid having their own products banned. It seems that Samsung put in a complaint stating that Apple has infringed on their patents involving 3G technologies. However the judge in this case was not buying it. Samsung’s complaint and accusations were thrown out along with Apple’s own counter complaints. It is quite possible that they are getting a little tired of the bickering between these two companies. In this case Samsung has stated they will pursue other avenues to protect their IP.

In the US a judge has refused a preliminary ban on Samsung products stating that Apple has to prove their claims before any ban or injunction will be put into place. This case is a little interesting as it seems that the judge may hold some doubts to the validity of the patents in the first place. At one point US District Judge Lucy Koh held up both tablets and asked the Samsung lawyers present to identify them. It took a few moments before the answer could be supplied.  Apple maintains that their design is what makes all of the difference and that no one should be copying it. The problem with that comment is that all tablets are going to have a similar design. They are rectangular devices with a screen on one side. Only logos and color differentiate most of them in terms of appearance. In any case Apple now has to not only prove that Samsung has violated these patents, but now also has to prove that the patents are valid.

These items are just the latest news in the patent war between Samsung and Apple. As of this writing there are over 20 legal cases in progress around the world. The enmity between these two comes from a bad ending to a partnership that Samsung and Apple enjoyed right up until Apple began designing their own chips for their products. May have felt that Apple used the information and technology provided by Samsung to start this venture only to find themselves not only left out, but being the target of Apple’s legal team attempting to suppress their products.

I doubt that we will ever know what really kicked all of this off but one thing is fairly clear IP or not; Apple wants Samsung’s (and others) phones and Tablets off the market. They know that even a temporary delay in sales can hinder or even kill a product.

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Ugh! 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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