Apple adds Android 4.1 Jelly Bean, Galaxy Note 10.1 to Samsung lawsuit

Apple is trying to add Android 4.1, Jelly Bean, and the Galaxy Note 10.1 to yet another patent infringement court case against Samsung in California.

Apple argued yesterday that Samsung’s Galaxy Note 10.1 tablet and the Android 4.1 Jelly Bean operating system infringe on its patents and should be added to an existing California lawsuit against Samsung.

Appearing in a federal court in San Jose, before U.S. Magistrate Judge Paul S. Grewal, Apple’s lawyers sought to expand the lawsuit against Samsung with additional patent infringement claims. This follows Samsung’s attempt to add patent infringement claims against the new iPhone 5 back on October 1.

The judge has not issued a ruling yet.

Most notable among Apple’s claims is the inclusion of Google’s Android 4.1 operating system, also known as Jelly Bean. Apple insisted that the Galaxy Nexus is the only phone with Jelly Bean that it is seeking to add to the patent complaint, for now. The implications of this are serious for Google and it’s the first time that Apple has included the Android platform specifically in its cases against Samsung.

It seems the Cupertino-based company is also now looking to add devices with a stylus, such as the Galaxy Note 10.1, and Apple’s attorney mentioned adding a further 17 devices that could use a stylus, but don’t ship with one.

This case is not scheduled for trial until 2014.

We will find a resolution to the highest profile case so far sooner than that. The jury verdict saw Apple awarded $1.05 billion in damages. As we reported before, Apple is seeking more money while Samsung is claiming juror misconduct. Those arguments will be heard in December and there will also be a decision on Apple’s attempt to get eight Samsung smartphones banned from sale in the U.S.

We’ll keep you posted on all the news about Judge Grewal’s decision and the December hearing as it breaks.

Source : http://www.digitaltrends.com/mobile/apple-adds-galaxy-note-10-1-and-android-4-1-jelly-bean-to-samsung-lawsuit/

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Apple’s patent abuse lawsuit against Motorola has been dismissed

A case in which Apple accused Motorola of an abuse of the patent system, where it was charging Apple more for key patents than it was to other companies, has been dismissed. Apple has the chance to appeal, but Motorola wants to come to an agreement.

A lawsuit brought against Motorola by Apple has been dismissed by a court in Wisconsin, even before the trial had the chance to get underway. Instead, it took a week of pre-trial motions and a two-hour hearing on Monday morning, for Judge Barbara Crabb to cancel proceedings with prejudice. This gives Apple the chance to appeal, but only in the same court.

Apple was claiming that Motorola was abusing the patent system (oh, the irony) by asking unreasonably high license fees, and more than it charged other companies, for some key Wi-Fi and cellular patents used in the iPhone, iPod Touch and iPad.

Motorola’s fee is 2.25-percent of the price of each Apple device sold that uses the technology. Apple, however, only wanted to pay a fraction of that amount, stating $1 per future device was its magic number.

Following the dismissal, Motorola issued a statement saying “We’re pleased that the court has dismissed Apple’s lawsuit with prejudice. Motorola has long offered licensing to our extensive patent portfolio at a reasonable and non-discriminatory rate in line with industry standards.” It also adds that it’s “interested in reaching an agreement with Apple.”

Google-owned Motorola needs to be careful though, as it’s parent company is in-line for an antitrust lawsuit, should be it discovered withholding patents to stifle competition. Apple, on the other hand, is back to square one, with an appeal likely on the way.

This is the second Apple vs. Motorola lawsuit to be thrown out this year. Last time out, Apple accused Motorola of copying the design of the iPhone for its Android handsets, however Judge Richard Posner dismissed it in June after deciding neither company adequately made its case. At the time, Motorola tried to get this dispute with Apple enjoined, but the Judge refused.

Source : http://www.digitaltrends.com/mobile/apple-loses-patent-abuse-lawsuit-against-motorola/

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Apple – Motorola lawsuit dismissed by US judge

Apple's ongoing battle with Motorola over patent licensing has been thrown out of court.

Apple has been maintaining that the rate requested for Motorola (and therefore now Google's since the search giant bought out the handset developer) is too high and wanted a court to order a lower rate.

But District Judge Barbara Crabb of the Wisconsin federal court ruled that she does not have the legal authority to make the claims.

That said, Apple is still pursuing the case against Googorola in other US regions, with court dates set for next year to make sure it isn't liable to pay damages on devices with featuring Qualcomm technology, which uses Motorola patents in its designs.

No Crabb-Apples this Christmas

The case being dismissed in Wisconsin is a blow to Apple however, as it was looking to force down the price Motorola is asking to use its essential technology – the company previously said it wouldn't pay more than $1 per handset.

Google, unsurprisingly, issued a statement filled with understated legal glee at the dismissal, claiming that it has always offered what it considers to be a fair price to Apple for the patents.

The bad news for the consumer is that there's no notion of these constant patent wars being settled as the battles continue to play out over many territories and over a number of issues.

The upshot could be higher handset prices, especially in the Android camp, as the likes of Microsoft and Apple attack the OS – hence the reason Google is so intent on leveraging the core assets it has, many of which live within the newly-acquired Motorola stable.

Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/apple-motorola-lawsuit-dismissed-by-us-judge-1110381

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Apple's overscroll-bounce patent has been invalidated in the US

The tide of the patent war seems to be turning against Apple lately - the latest victim is the patent of the rubber band effect when you reach the end of a list while scrolling (most often referred to as overscroll-bounce).

Apple used that patent to force Android makers to remove the feature from their phones. That's also why Google went with the glow at the end of lists. This patent was used in the big Apple vs. Samsung case too.

Anyway, as of recently, the patent was rejected by the United States Patent and Trademark Office on the grounds of lacking novelty and being obvious (that is, it's nothing new and it's an apparent consequence of something that already exists).

It's important to note that this decision isn't final and can be appealed, so it can't be enforced just yet. But it's entirely possible that it will have an effect on the Apple vs. Samsung case (the judge could overrule the parts of the case that relate to that patent).

HTC and Motorola have been under fire over this patent too. In Moto's case, it's over an equivalent patent Apple has registered in the European Patent Office. This one hasn't been overturned yet, but the office is looking into it.

Apple has many more patents in its war chest, so the battle is far from over. Still, this decision is bound to slow its assault on Android and we might even start seeing previously removed features making a comeback.

Source | Via

Source : http://www.gsmarena.com/apples_overscrollbounce_patent_has_been_invalidated-news-4985.php

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Apple filings for AirPlay Mirroring, Siri land in U.S. patent office

Siri's understanding of context is the subject of a new Apple patent

Even as Apple works to defend existing technology patents in court, the iPhone maker continues to shore up its arsenal with a pair of new applications protecting AirPlay Mirroring and Siri.

CNET reported on Thursday that Apple filed new patent applications with the U.S. Patent and Trademark Office (USPTO) aimed at keeping two of the company's key iOS technologies safe from copycats.

AirPlay Mirroring is covered in the first new patent titled, "Gesture Visualization and Sharing Between Electronic Devices and Remote Displays," with a focus on how one touchscreen-enabled device - in this case, an iPhone, iPod touch or iPad - can replicate its picture and sound to a second display, such as an Apple TV.

The patent appears to cover only the implementation of AirPlay Mirroring on iOS devices, although OS X Mountain Lion now allows the feature to also be used from a Mac, but that use does not appear to be covered with this filing.

Siri in context

The second patent offers additional protection for Siri, the virtual assistant feature first introduced a year ago with the iPhone 4S and finally brought to the third-generation iPad with iOS 6.

Although the primary technology behind Siri was filed with the USPTO several weeks ago, the new application titled, "Using Context Information to Facilitate Processing of Commands In A Virtual Assistant," adds additional protection for how Siri understands what the user is trying to request.

According to Patently Apple, Siri processes context clues, which "helps to clarify the user's intent and to reduce the number of candidate interpretations of the user's input, and reduces the need for the user to provide excessive clarification input."

The additional patent offers further detail into how Siri uses available search, database, dialog history and more to put a user's request into context.

Although Apple files many patent applications that never see the light of day, the latest pair cover technology already in use with iOS devices.

Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/apple-filings-for-airplay-mirroring-siri-land-in-u-s-patent-office-1105370

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Amazon CEO calls on governments to end tech patent warfare

Bezos - looks friendly now, but try talking to him about patents...

Jeff Bezos hasn't got much patience with the neverending cycle of tech patent lawsuits, reckoning that governments need to step in and change laws.

The Amazon CEO, who faces a bit more hardware heat now that Amazon has launched the Android-running Kindle Fire HD tablet, lamented the situation in an interview with the Metro newspaper.

"Patents are supposed to encourage innovation and we're starting to be in a world where they might start to stifle innovation," he said.

Stifling

"Governments may need to look at the patent system and see if those laws need to be modified because I don't think some of these battles are healthy for society.

"I love technology, I love invention, I like rapid change, and really it's the golden age of wireless devices and mobile devices."

Bezos isn't the only one tiring of the patent hoopla - the UN held a summit earlier this month during which Apple, Google, Microsoft, Samsung and other tech giants got together to try and find a solution.

Technology in 2012 has been pockmarked by patent filings and verdicts, the most notable of which is Apple v Samsung in which a US court found in favour of the Cupertino company.

It's not over 'til it's over, though – Samsung is currently appealing the $1 billion ruling so the case is set to rumble on into 2013.

Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/amazon-ceo-calls-on-governments-to-end-tech-patent-warfare-1105027

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Microsoft brings Motorola, Google to German court over Maps

Microsoft drags Motorola back into German courts today

Microsoft is readying itself for the next round of court battles, as it fires off another patent lawsuit aimed at Motorola and its owner, Google.

This marks a return to German courts today, where Microsoft now claims Motorola infringed on patents involving Google Maps overlaying multiple map data.

The case could not only affect Motorola's phones in Germany, but how its people use Google Maps as well.

The lawsuit claims the Razr maker violated a patent for taking one set of map data and overlaying it with another set of map information. For example, overlaying data of street geography with information about what businesses are on that street.

Tough case for Motorola?

All digital maps overlay multiple sets of data now-a-days, so Google and Motorola will have a hard time circumventing the patent if they lose.

However, the beginning rounds of this court case did produce a bit of surprise. At today's hearing, Microsoft announced it will add Google to the list of defendants in the case. This is the first time Google is directly involved in the Microsoft/Motorola matter.

Microsoft usually fights its patent battles with proxy companies like Motorola. So the case presents a unique opportunity to watch the two tech giants duke it out in the same patent lawsuit.

Wheels, deals and court battles

Motorola is one of the few Android makers who doesn't pay a licensing fee to Microsoft for the mobile OS, unlike HTC and Samsung. Meanwhile, Microsoft takes a cut on half of all Android phones sold.

This is just the latest round of court skirmishes between the two companies. Microsoft has won three cases resulting in German sales bans of Motorola smartphones including the Droid Razr, Droid Razr Maxx and the Motorola Atrix.

What's more, the German court ruled Motorola infringed on patents involving a FAT file system, a SMS patent and one that described a method of handling communication between the keyboard and applications.

But, Motorola was cleared last week in a case involving a radio interface patent.

We'll see how this case affects the Motorola vs Microsoft scoreboard as the Germans mull over multiple map issues.

Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/microsoft-brings-motorola-google-to-german-court-over-maps-1103832

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Judge Koh can decide fate of Galaxy Tab 10.1 sales ban

Welcome back!

Samsung may finally get some good news in regards to the lengthy legal proceedings the company has been party to alongside Apple in an patent battle that's extending well beyond a jury's August decision.

A United States Court of Appeals for the Federal Circuit on Friday granted U.S. District judge Lucy Koh the power to rule on a sales ban she imposed on Samsung's Galaxy Tab 10.1.

That means it's now up to her to decide whether the tab can go back on sale in the U.S., a ban that went into effect at the onset of the trial.

Koh, who presided over the 4-week courtroom tussle between the two tech giants, previously ruled she wouldn't lift the sales injunction on the slate, saying it fell out of her jurisdiction as the matter had gone to the federal appeals level.

With Friday's ruling, the ball's back in her court.

The battle continues

Even though Samsung lost the case to the tune of $1.05 billion (UK£665 million, AU$1.03 billion), the jury found the Galaxy Tab 10.1 didn't infringe on any patents, prompting Samsung to challenge Koh's pre-trial ban.

Now that Koh has been granted the power to lift the sales ban, experts believe she'll do just that, bringing the Galaxy Tab 10.1 back on the U.S. market soon.

Despite this new potential positive for Samsung, the company isn't quite done with Apple yet.

On Tuesday, Samsung asked for a new trial against Apple, with claims "no reasonable jury" would have sided with Apple's infringement claims.

For its part, Apple is also bringing another lawsuit against Samsung, claiming the South Korean company damaged the iPhone brand, and hoping to gain another $707 million (around U£435,AU$676) from its chief rival.

Both companies are set to appear before Koh again on Dec. 6 to discuss more post-trial motions, such as other possible bans on Samsung products found to be in violation of Apple's patents.

TechRadar has reached out to Samsung, and will update this story if and when the company responds to a request for comment.

Source : http://www.techradar.com/news/mobile-computing/tablets/judge-koh-can-decide-fate-of-galaxy-tab-10-1-sales-ban-1100664

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Motorola and Samsung triumph over Apple in German patent battle

Motorola and Samsung took a bite out of Apple

The patent gods have smiled on Motorola and samsung - for once.

After suffering some disheartening defeats, the two companies have been cleared of any wrongdoing in a dispute with Apple in a German court.

Apple claimed that several of Motorola and Samsung's Android handsets violated its patent dealing with an OS's responses to "touch events" - i.e. how the devices respond to users' touch inputs.

The full details of the court's decision have yet to be revealed, but German lobbyist and patent law blogger Florian Mueller suggests that Apple's patent is simply too vague to be enforced.

That's reportedly how Apple lost its claims in similar cases in the Netherlands and the UK, and it may be that the court in Germany concurred.

A losing streak

This victory should provide both Samsung and Motorola with some much-needed time to lick their wounds, as both companies suffered some serious losses recently in the patent space.

Google's Motorola was found in violation of a Microsoft-owned patent on Thursday, earning Microsoft the right to demand licensing fees or even a ban on certain Android devices.

And last month, a jury awarded Apple more than $1 billion in damages from a victory over Samsung in a landmark patent case.

On Wednesday, it was revealed that Apple is seeking even more money from Samsung - up to $3 billion.

War, war never changes

Of course, Samsung and Motorola are not free from blame in the tech industry's absurd and childish maelstrom of back-and-forth patent disputes.

Motorola has spent most of 2012 attempting to get Microsoft's Xbox 360 gaming console banned from shelves, and Samsung attempted to draw out its own trial with Apple with a massive spate of counter-claims.

What's clear is that the patent war is far from over.

TechRadar reached out to both companies to learn of their responses to their victories over Apple, but they have yet to reply.

Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/motorola-and-samsung-triumph-over-apple-in-german-patent-battle-1099039

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Judge says HTC patents probably valid, could stifle iPhone 5 in US

HTC's LTE patent suit could prove to be bad news for the iPhone 5

HTC's chairperson Cher Wang wasn't kidding around when she said her company had "no intentions" of settling with Apple after Samsung was handed a defeat in their patent lawsuit against the iPhone maker.

The Taiwanese manufacturer is continuing to pursue legal action, as HTC believes Apple is violating two of their patents regarding LTE technology.

Despite having been down a similar road with HTC before, this time around Apple may have a more difficult time earning a victory.

Apple will have to prove the HTC patents are invalid, which an ITC judge believes will be hard to prove.

Regarding the idea that a patent shouldn't have been issued, Judge Thomas Pender said, "Clear and convincing means something to me. I have to be pretty darn certain a U.S. patent is invalid."

A victory for HTC could mean trouble for the iPhone 5

If HTC's patents for LTE technology prove to be valid, Apple could find themselves in a bit of trouble in regards to its use in any of their devices.

With both the iPhone 5 and iPad Mini set to possibly use the 4G wireless technology, it's entirely possible the importing of said devices could be banned in the U.S.

The court filings reveal HTC purchased the patents from ADC Telecommunications Inc for $75 million "to protect itself and its customers from these aggressive tactics and to preserve its ability to compete in the United States."

Despite the path to ownership, Judge Pender believes HTC still has a healthy claim to the patents.

Speaking to Apple's lawyer Michael McKeon, of Fish & Richardson in Washington, Judge Pender said, "I don't care if they bought these patents to sue you or not. They are a property right."

The patent battles continue

This isn't the first time HTC and Apple have tussled over patents, and it certainly isn't the first time Apple has been involved in a patent infringement lawsuit.

However, this outcome of this decision could have a major impact on Apple's success throughout the rest of this year and into 2013.

Additionally, major carriers like Verizon and AT&T, who are anticipating a large push for the rumored upcoming Apple products, could be affected adversely as well.

If previous events are any indication, it's unlikely the issue will be resolved any time soon.

We'll be following the case closely, and will continue to keep you updated on the latest developments.

Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/judge-says-htc-patents-probably-valid-could-stifle-iphone-5-in-us-1096118

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Apple cuts back chip orders from Samsung, the war rages on

You are all aware of the recent major US patent lawsuit involving Apple and Samsung. So far their patent quarrels had not have any impact on their component supply deal, which has Samsung provide most of the memory chips that Apple uses in its mobile device.

According to Reuters and several other news outlets, all citing anonymous sources, with the iPhone 5, Apple is now steering away from Samsung as its main chip supplier. Instead, the company is looking to strengthen its supplies from competing chip manufacturers such as Toshiba, Elpida and Hynix.

Photo by Reuters

So what are we witnessing here? Is it that Apple is getting ready for a long war, or it's just that it doesn't like to do any further business with Samsung?

It could also be that Samsung is using its chip manufacturing deal as a leverage in their patent brawls across the world or just on the contrary, it's Apple that's using the cutting back of the orders as a leverage. Apple is supposedly Samsung’s largest components client with estimates pointing that their deal is supposedly bringing billions in yearly revenue. Well, we may never learn the truth.

Source | Via
Source : http://www.gsmarena.com/apple_cutting_back_chips_orders_from_samsung_aims_independence-news-4775.php

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Google wins face-to-unlock patent

The Samsung Galaxy S3 already has a facial recognition app

Google has been awarded a patent for the ability to unlock your Android device with only your face.

The patent covers logging into a "computing device" using the built-in to detect a user's face. Several methods are described in the patent, including taking a single picture of the user's face, multiple pictures and angles for 3D facial recognition, and 3D facial recognition with the user making a specific facial expression for authentication.

It also covers the device allowing for multiple accounts, each unlocked by a different person's face. Passing your smartphone or tablet to a friend would trigger it to sign into their account, assuming that the friend already had created an account on your device.

Patent protected, but not much has changed

If the feature sounds familiar, that is because it already exists on Android smartphones and was introduced with Ice Cream Sandwich.

The experimental feature is notoriously low on security, in its early version allowing users to log in simply by using a photo.

Earlier this year Google announced that it will beef up the face-to-unlock security with Jelly Bean by implementing blink detection as a 'Liveness Check'.

Just because Google now has a patent on facial recognition logins, it does not necessarily mean the feature will remain an Android-exclusive. In December of last year Apple was awarded its own patent for a similar feature using slightly different methods.

Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/google-wins-face-to-unlock-patent-1094966

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