The jury ruled Google infringed on Oracle's Java language, but failed to reach a decision on whether the software fell under fair use laws, giving Google breathing room to fight back.
In Brief boils down complex events to give you the heart of the matter -- today and what it means for tomorrow -- clearly and simply.
What's Happening: The two tech giants are going head-to-head in a San Francisco court with a blockbuster eight-week trial. The rulings from the landmark case could hamstring Android's fortunes in the mobile market since Oracle alleges Google's Android OS violates Java patents it acquired with its acquisition of Java-maker Sun Microsystems.
Monday, the jury found Google violated the sequence, structure and organization of 37 Java API copyrights, but ran into an impasse on whether the infringement was fair use.
What's Really Happening: The question of fair use, which the jury set aside, will be crucial to determining damages. If the court decides Google's use of the Java programming tools is fair, the company would not be liable for damages in connection with some of Oracle's copyrights.
The jury's inconclusive decision about Google's actions, by failing to characterize them as fair or not, takes a lot of the bite out of this first early decision and is leaving many frustrated over possible implications.
What's Next: Court watchers are reluctant to read much into the partial verdict in the high stakes lawsuit, and are focusing instead on the next phases of the trial.
Since the fair use element is so important to the case, both sides are pushing for more clarification. Google motioned for a mistrial while Oracle motioned for the presiding judge in the case to issue a verdict. Federal Judge William Alsop is expected to make a ruling on both matters later in the week.
The Takeaway: An award in the high-stakes case could be substantial, with Oracle seeking about $1 billion in copyright damages. But before there is talk of awards, the court needs to decide whether APIs, or application programming interfaces, which are the tools used to develop the Java software language, can be copyrighted like software code.
"The core issue is whether the APIs here are copyrightable, and that's for the court to decide. We expect to prevail on this issue and Oracle's other claims," said Google spokesman Jim Prosser, adding, "the overwhelming evidence" demonstrated that Google knew it needed a license for Java.
Both Google and Oracle must respond to a series of copyright questions no later than May 10. Alsop immediately moved the trial forward to the next phase of the trial, dealing with patents, and a third phase involving possible damages follows.
The top execs of Apple and Samsung will meet to resolve a patent infringement case, the first move towards a detente in one of technology's most complicated legal battles.
Nokia patented a body tattoo with magnetic ink connected to its smartphones, as science and technology merge in innovative and strange new ways.
Ferromagnetic ink in the tattoo, applied to the body via stamp, tape, or ink, reacts to a smartphone's magnetic field, meaning calls or voice mails received on a smartphone can then trigger a vibration in the tattoo's magnetic ink.
While most users probably won't rush out to get a new Nokia tattoo, other haptic innovations that use magnetic vibrations are changing the technology landscape, building on the capabilities of mobile devices.
Haptic tablets are helping blind students navigate computers via tactile vibrations, and are also being implemented into a range of upcoming mobile games to improve game play and response.
OmniTouch, a wearable touch screen sensor system created by Microsoft, superimposes a touch screen on any surface, such as a wall, table, or even the palm of a hand. The depth-sensing camera tracks finger movements so users can paint, type, or take notes by tapping and dragging on the object's surface.
In Nokia's case, magnetic fields could create different kinds of alerts for different notifications. For example, a text message might trigger staccato vibrations and an incoming call a steady rhythm, allowing tattoo-wearers to distinguish the type of message by feel.
Nokia didn't offer more insight into the hybrid technology, and many questions remain, including whether users can disable vibrations when they're trying to sleep.
As mobile technology continues to expand, creators increasingly think outside the box with eccentric new innovations. Many of these new inventions will likely prove helpful, but if Nokia's tattoo is any indication, we soon might be literally attached to our cell phones.
Nokia patented a body tattoo with magnetic ink connected to its smartphones, as science and technology merge in innovative and strange new ways.
Ferromagnetic ink in the tattoo, applied to the body via stamp, tape, or ink, reacts to a smartphone's magnetic field, meaning calls or voice mails received on a smartphone can then trigger a vibration in the tattoo's magnetic ink.
While most users probably won't rush out to get a new Nokia tattoo, other haptic innovations that use magnetic vibrations are changing the technology landscape, building on the capabilities of mobile devices.
Haptic tablets are helping blind students navigate computers via tactile vibrations, and are also being implemented into a range of upcoming mobile games to improve game play and response.
OmniTouch, a wearable touch screen sensor system created by Microsoft, superimposes a touch screen on any surface, such as a wall, table, or even the palm of a hand. The depth-sensing camera tracks finger movements so users can paint, type, or take notes by tapping and dragging on the object's surface.
In Nokia's case, magnetic fields could create different kinds of alerts for different notifications. For example, a text message might trigger staccato vibrations and an incoming call a steady rhythm, allowing tattoo-wearers to distinguish the type of message by feel.
Nokia didn't offer more insight into the hybrid technology, and many questions remain, including whether users can disable vibrations when they're trying to sleep.
As mobile technology continues to expand, creators increasingly think outside the box with eccentric new innovations. Many of these new inventions will likely prove helpful, but if Nokia's tattoo is any indication, we soon might be literally attached to our cell phones.
Legal action about Apple's slide-to-unlock technology is on hold, while protesters greeted iPad buyers at several stores.
Also in the news, Google disclosed it uses recycled water from toilets and showers to cool its Georgia computer center, Pinterest users are seeing a different profile page and iPhone users are among the happiest smartphone owners of all, though they don't like the battery life.
Court Suspends Slide-to-Unlock Trial
A trial to determine whether Samsung copied the slide-to-unlock technology of the iPhone and iPad is on hold, pending the outcome of a separate lawsuit.
A Mannheim, Germany regional court said it would wait for a decision in continuing procedures in Munich over the feature, which allows users to turn on a smartphone by swiping over a touchscreen. The pending decision in Mannheim comes two weeks after the same court dismissed a lawsuit on the technology's patent.
Apple is also locked with Motorola Mobility in a separate legal battle over the patent.
Google Uses Old Toilet Water to Cool Center
Google is using recycled toilet water to cool its data center in Douglas County, Ga., after realizing the water used by its cooling system didn't need to be clean enough to drink.
When Google first opened its Georgia computing center, it cooled the equipment using the same water people drink. However, it now uses 100 percent recycled water.
"When the residents of the county take showers and flush their toilets, they're helping to cool our data center," Joe Kava, who runs Google's data center operations and construction team.
While Google saves money with the recycled water, the main focus for using old toilet and shower water is to make sure the company isn't a drain on local water supplies -- and that the center can survive a drought, if need be.
IPhone Owners are Happiest
IPhone owners are still the happiest with their smartphones, but they're still disappointed with the devices' battery life.
According to J.D. Power's most recent study, Apple owners had a satisfaction show of 839 out of 1,000, and the iPhone took top marks for performance, ease of operation, features and physical design.
HTC took second place, with a score of 798; Samsung had 769 and Motorola had 758. Most smartphone owners, though, said battery life was the worst part of having a smartphone, and 4G smartphones were the worst of all.
Pinterest Changing Profile Pages
Pinterest revamped its users profile pages, making the content itself the cetner of attention.
Now, a profile photo is displayed on the upper left, with the side bar items pushed to the center. The user's description and contact information is now next to the profile photo, along with names of people they've repinned.
The boards are also different. Users don't just look at nine small thumbnail-sized photos, but are able to see a larger image of one pin and thumbnail photos for the rest.
Protesters, Meet IPad Buyers
Protesters marched outside Apple stores Friday to protest the new iPads, which they say come from factoriess criticized for their labor practices.
The protests were organized by the same group that mobilized consumers to deliver two online petitions from Change.org and SumofUs.org to Apple employees at stores in Washington, New York, San Franciso, London, Sydney and Bangalore.
Protesters were outnumbered by people who were standing in line to buy a new iPad.
Google and Oracle will go to trial on April 16, a potentially landmark patent case in the wider legal battle against Android.
In Brief boils down complex events to give you the heart of the matter -- today and what it means for tomorrow -- clearly and simply.
What's Happening: Oracle and Google will be ready to argue their cases in a San Francisco federal court on April 16, according to U.S. District Court judge William Alsup's ruling yesterday. The trial will last approximately eight weeks.
The trial will be the culmination of a two-year legal saga between the two tech giants. Oracle sued Google in 2010 over Android's alleged violations of Java patents owned by Oracle. The San Jose-based company sought damages from Google for $6.1 billion, later dropping its claim to $2.6 billion. Google denied claims and fought to have the suit thrown out.
In the two years since, Google and Oracle have wrangled over evidence, witnesses and court-ordered mediation over coming to a settlement. However, both companies failed to come to an accord over the matter, mostly likely over the amount of damages Google would pay over its use of Java patents in its OS.
What's Really Happening: The case is notable for two major reasons. In a legal landscape where patent litigation flourishes against Android phone makers, the Oracle suit is one in which Android itself is on trial, front and center. The amount of damages being sought by Oracle also raises eyebrows, and is one of the principal terms of disagreement between the two parties in the case.
The case has proceeded to trial, to many analysts' surprise, but as one of the few major suits directly targeting Google and Android -- and with a large amount of money at stake -- both Oracle and Google likely understand it will eke out key legal territory for Android patent suits to come.
What's Next: Putting Android on trial will likely yield a number of revelations about Android development and Google's inner workings. Getting that information on public record could prove damaging to Google's long-term competitiveness and perhaps fuel other lawsuits in the future. Lawyers will likely comb through Android code in search for Java patent violations, and a few damaging revelations have already come to light by Android's own engineers during the course of pre-trial.
A set date could hasten a last-minute settlement between the companies in order to avoid a long, costly trial, but with both sides still unwilling to come to terms over a settlement amount, a deal is unlikely.
Both sides understand this is a potential bellwether case, however. Oracle's amount of requested damages could indicate its faith in its patents under the lens of the law, and a settlement on Google's part may come down to what it's willing to risk. It knows its Android OS is under fire on all sides, both directly and indirectly, and keeping a landmark case from proceeding could be in its best interest. However, the billions Oracle is demanding could be too bitter of a pill for it to swallow.
The Takeaway: Google long alleges that its Android OS is the target of a "battle by proxy," and Google chief legal officer David Drummond argued last year that its competitors are waging a "hostile, organized campaign against Android" through "bogus patents." Oracle's patents, however, may not be so bogus. Its suit is a direct attack on Android, and legal and industry watchers will be paying very close attention to the outcome, which may decide exactly how much Android violates patents -- and how much companies can wring from the search giant in terms of settlement and licensing.
AT&T is expanding its LTE service, and Tim Cook sold off more of his stock in Apple. Meanwhile, Verizon had some sporadic outages, Apple denies Proview's claims on its iPad name and Twitter snapped up Posterous, a blogging platform.
AT&T Expands LTE to Prepare for New IPad
AT&T is expanding 4G LTE service to 12 new markets just in time for the March 16 new iPad launch.
LTE service will expand to Staten Island, NY: Naples, Fla.,; St. Louis; New Orleans; Bryan/College Station, Texas; Baton Rouge, La.; Cleveland, Akron and Canton in Ohio and Bloomington, Lafayette and Muncie in Indiana. The 12 added areas join the 28 markets where AT&T 4G LTE has already arrived. However, AT&T still lags behind Verizon's head start on the next-generation wireless service.
Apple: Don't Listen to Proview's Claims
Apple says Proview Electronics' claim to own the mainland iPad trademark in China is misleading and unfair.
Proview insisted on the terms of the 2009 purchase of the iPad brand name, Apple spokeswoman Carolyn Wu said, with the understanding that the Chinese-registered trademarks were included in the worldwide rights to use the name.
Financially ailing Proview and Apple are sparring in courts in China and the U.S. over the issue, while the Chinese maker of computer screens and LED lights is seeking to have iPad sales and exports blocked.
Twitter Snaps Up Posterous
Twitter has purchased Posterous, a blogging platform known for its digital media-sharing abilities.
Twitter said Posterus' staff "has built an innovative product that makes sharing across the Web and mobile devices simple -- a goal we share."
Posterous was founded in 2008, and is one of the better-known companies emerging from the tech incubator Y Combinator. The deal's value wasn't announced, but Posterous' capabilities could boost Twitter users' ability to tweet and share content in a variety of platforms.
Tim Cook Earns $11.1 Million Selling Stock
Apple CEO Tim Cook sold off most of his shares in the company Monday, clearing $11.1 million after taxes, according to a form filed with the Securities and Exhanges Commission.
After exercising options on about 37,000 shares of stock, Cook sold 20,178 shares at an average price of just under $550, netting the $11.1 million payday. The rest of the stock went for $545.17, slightly lower, across two days.
After Cook became CEO following the death of Steve Jobs, the company's stock has continue to climb, making Apple the most-valuable publicly-traded company in the world. The value will likely keep growing because of massive demand for the iPad and iPhone and climbing demand for Mac products.
Cook still has 13,817 shares in Apple and will get another 500,000 units on his fifth anniversary as CEO, which rolls around in 2016, an incentive for the executive to stay with the company.
Verizon's LTE Service Marks Outages
Verizon experienced some sporadic outages in its LTE network today, adding to the reports of serious interruptions throughout December and another one on February 22.
The outages weren't being reported nationwide and Verizon said it was aware of the issue and was diagnosing the problem. However, the outages could deal a blow to the nation's number-one carrier as the weekend -- and the new iPad -- approach.
Yahoo is suing Facebook over alleged patent infringement, opening up untested legal territory as the social network goes public.
The once-mighty search company claims Facebook infringes on ads and news feeds patents. The 10 contested patents include intellectual property that covers social media technology, including systems and methods for advertising on the Web and other basic working features.
The lawsuit, filed in California, is a strategic move that could procure millions for Yahoo rbefore Facebook becomes a publicly traded company. The motion is also the first major litigation against a social media site from another tech giant, testing whether similar website coding used on another platform is a patent violation.
Yahoo, which has plenty of name recognition, is in a unique position as a one-time Web leader losing its relevance. Yahoo could be using its valuable patent catalog as a tool to stimulate cash flow, as Facebook has already beaten the search engine and email site, and others, by racking up the most ad sales. With the lawsuit against Facebook, Yahoo takes aim at basic networking features it claims it pioneered.
"Yahoo's patents relate to cutting edge innovations in online products, including in messaging, news feed generation, social commenting, advertising display, preventing click fraud and privacy controls," Yahoo said.
With relatively few patents, Facebook is somewhat vulnerable to such lawsuits at a time when it is proceeding with a $5 billion initial public offering. Other companies can capitalize on the social network's vulnerable position by filing lawsuits at a time when its operations are being scoured for weak spots in preparation for investment.
Yahoo's suit will likely opens the door for other pre-existing networking websites to cry infringement against Facebook, and take home a settlement in the process. If the case proceeds to a trial, it could determine how much value a social media-based patent holds, largely untested legal territory.
Facebook says it will defend itself against Yahoo's "puzzling actions," noting past partnerships between the two companies helped sustain Yahoo in recent years.
In the smartphone realm, competitors use patent infringement claims to threaten sales bans and use royalty claims moves to weaken rivals. In the Web world, the strategy has thus far played out differently. For example, in 2004, Yahoo sued Google over pay-per-click ads and bidding systems for search results placements, securing a $2.7 million settlement.
Yahoo's case has the potential to determine legal treatment of Web technology patents as they get pushed through the system. The result will not likely drastically affect Facebook's operations, design or financial missions, but it could lead major websites to take action against each other in the future over common Web features, opening another battle for the top spot in a culturally transformative industry.
The Justice Department approved the $4.5 billion purchase of over 4,000 Nortel patents to major Android rivals like Apple and RIM, guaranteeing no end in sight to the legal battles entangling the mobile industry.
In Brief boils down complex events to give you the heart of the matter -- today and what it means for tomorrow -- clearly and simply.
What's Happening: The DoJ's review of the record-setting patent purchase of 4,000 patents, previously owned by the now-bankrupt Nortel Networks, expired without comment by the regulator. Rockstar Consortium, a partnership between Apple, Microsoft, Sony, Ericsson and RIM that won the portfolio at auction, is now free to use its purchases.
The Nortel intellectual properties -- covering technologies in wireless, wireless 4G, data networking, among other technologies -- went up for sale last year as a prized commodity in an industry increasingly embroiled in a web of patent litigation. The DoJ's official go-ahead clears the way for the Rockstar Consortium to use the patents freely.
What's Really Happening: The Nortel patents were purchased by an unusual partnership between Apple, RIM, Microsoft and Sony. These partners are generally rivals in the marketplace, but most are all Android rivals, now armed with a warchest of intellectual property.
What's Next: The DoJ's green light will likely lead the way to a new rash of lawsuits targeting Google's mobile OS, continuing a growing wave of patent litigation against Google and its Android phone maker rivals. The Nortel IP covers some key areas in technology, particularly in wireless 4G.
With the DoJ approval, Apple et al. could begin implement many of the Nortel patents in new features and software, but will likely also begin filing more infringement suits against Android phone makers, to either force sales bans or open up negotiations for settlements and licensing. The rash of patent lawsuits against Android is poised to escalate, and the Android rivals could become even more aggressive in their legal strategy to hobble Google.
However, Google has boosted its patent game, acquiring Motorola Mobility earlier this year and giving the search giant its own strong portfolio of patents. Google can likely draw on its own patents to create software and Android capabilities free of patent infringement, or begin to file its own suits against rivals.
The Takeaway: In an industry where the competition between device makers is fought in courtrooms as well as the market, the DoJ's approval of Rockstar's purchase officially arms a group of Android rivals with a formidable weapon. Most of the patent battles have led to few definitive victories, but even one settlement can have lasting, concrete consequences -- Microsoft, for instance, collects a sizable portion of profits on HTC Android phones for its use of its patents. The Nortel patents, especially those covering key technologies like 4G, may lead to more of these licensing settlements in the future.
At this juncture, the focus on patent suits is beginning to shift from outright infringement accusations to questions over fair use of industry standards software. By covering key pieces of technology crucial to the mobile industry, the Nortel patents may get caught up in this debate. However Apple and company chooses to wield their patents, one thing is clear: the importance of patents in the mobile industry will continue to grow, and those armed with the strongest portfolios will likely wield the most influence as the patent battles evolve.
Apple has patented a payment system based on near-field communications technology, hinting at mobile payments on iPhones in the future and giving NFC a boost in the burgeoning digital wallet market.
The Cupertino, Calif-based company's new patent covers a system designed to help parents control what their children spend by allowing credit card companies to send statements to iTunes.
Patenting does not always mean Apple immediately implements the technology, as the company sometimes speculatively collects patents without using them. The company has explored a number of NFC-related patents in the past, gettings its first NFC-related patent last November, but the detailed plans for this particular patent show how Apple wants to use the technology.
Apple's interest gives emerging NFC technology a boost by putting it directly on its top-selling iPhone, underscoring NFC's increasing viability for digital wallet initiatives as other mobile payment systems jockey for space among the competition.
NFC enjoys support from a number of banks, credit card companies and carriers involved with the forthcoming Isis mobile payments initiative, but critics maintain only a limited number of handsets come equipped with NFC, and say merchants are hesitant to add the technology.
Simplified app-based mobile registers that don't rely on NFC, like Square Register, are gaining traction with small businesses, and NFC-centered efforts faces stiff competition from Square and PayPal, as these rival systems insist they are easier to use.
Apple's patent filing shows NFC, which has strong financial industry backing, is catching on with smartphone makers. And as iPhones stay at the forefront of innovation, other handsets are likely to follow and install the technology if Apple uses it.
NFC technology already made important strides before this development. Moneto, a service bringing NFC technology to any smartphone, made it easier to access the technology.
Despite signs of progress, NFC payment systems aren't without problems. For example, NFC-based Google Wallet has serious glitches, casting doubt on the system's security. Isis and other NFC-based systems are taking extra security measures, but customers prioritizing security may lean towards other payment systems after that snafu.
NFC is gaining steam, but the mobile payment race is far from decided. Apple plans to support NFC, but it already works with Square and PayPal. Apple is likely hedging its bets and getting involved with all the potential mobile payment frontrunners so its users will be covered, regardless of which system gains widespread adoption.
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