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The most interesting latest news on the topic: Patents |
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The "World Series of intellectual property cases" is over, and Google emerged with a winning verdict from its lengthy patent showdown with Oracle.
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 jury in Oracle's trial against Google found the search giant did not infringe on Google's patents because it could not decide whether Google's actions fell under fair use laws. In 2010, Oracle sued Google for patent infringement on three separate patents. Google admitted it used Oracle's Java programming language, but insisted with equal vigor that the use fell under fair use laws. Initially, it looked like Oracle would emerge victorious, as the jury decided earlier that Google had used Java's patents -- but the jury could not conclude that the company violated fair use laws, so it handed the win to Google. What's Really Happening: This case has big implications for the Android platform. Had Oracle proven Google's Android operating system improperly used Java, Google may have been ordered to dole out royalty payments for years to come. Now it doesn't need to make any changes, which is fantastic news for both Google and Android phonemakers like Samsung, as a ruling in favor of Oracle may have led to product bans. This case was expected to set a benchmark in regards to how much money Google would have had to pony up in the future regarding patent infringement cases. Before the trial, Google offered Oracle $2.8 million in damages up front, with more paid every year. Oracle wanted a bigger check, demanding around $1 billion in copyright damages altogether. With the verdict in, there's no chance Google will cough up that kind of money any time soon. What's Next: Google still may have to pay Oracle some money, depending on the way U.S. District Judge William Alsup rules on one of the last components of the case. But the amount is likely pocket change compared to what was on the table before the verdict. The case with Google and Oracle was not the only contentious patent battle going on in the tech world, with Google's rival Apple is suing HTC and Samsung for patent infringement. While the iPhone maker is not suing Google directly, the cases have echoes of similarity: Apple believes Samsung and HTC have infringed on its patents, though it could be argued the phonemakers' adoption of Apple-esque technology falls under fair use. Oracle confronted Google directly instead of engaging in a proxy war through one of its Android phonemakers, which is how companies generally wage war with Google over Android patents. The fact that Google's legal team turned the Oracle case around in their its client's favor demonstrates the legal muscle the search engine giant can flex, and this may scare off potential adversaries from taking Google to court -- including Apple. The Takeaway: Google's victory will have major implications for how programming language can be used, and sends the powerful message that the search giant is a formidable legal foe. This trial also demonstrates the complexities of intellectual property cases, especially since the jury thought Google was wrong for using Java without the proper patents but could not prove it due to the complicated wording of both the patents and the laws. The jury's verdict could discourage tech companies from pursuing these kind of suits in the future, since it illustrates how a plaintiff could still lose a case even when the jury sympathized with their plight. Moreover, the foreman noted that Google's argument that it viewed Java as open source collaborative software swayed some of the tech-savvy jurors, suggesting jurors in the future are likely to pass down similar verdicts. |
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Apple and Samsung's companies' top executives are meeting in court-ordered settlement talks over patent infringements, but recent rulings against Motorola and HTC may scare Samsung into submission.
What's Happening: Apple CEO Tim Cook and Samsung executive Gee-Sung Choi will meet with Judge Joseph Spero in San Francisco to discuss the patent infringement cases Apple has against Samsung and try to work out a solution. Since the court ordered mediation in April, Samsung execs discussed their willingness to cross-license, which demonstrates the South Korean powerhouse may want to avoid a trial. What's Really Happening: Samsung's Choi may be on his best behavior at the meetings, because Apple's most recent patent infringement case against fellow Android phonemaker HTC ended up getting HTC's lauded handsets banned in the U.S. Some of HTC's phones are now just starting to stream into the U.S. after being held up by the International Trade Commission in customs over patent issues, but the delay likely slowed momentum for HTC's big push into the market. Similarly, Motorola Mobility saw some of its Android handsets banned after losing in a patent battle with Microsoft. Both Motorola and HTC will likely see their bottom lines substantially damaged by the bans, and Samsung may try to avoid a similar fate by trying to reach a compromise. What's Next: Samsung will likely be receptive to some talk of compromise, but will Apple? The company is in an advantageous position, as its aggressive patent stance against Android phone makers is starting to pay off. Apple's robust patent portfolio will help the tech giant attack Samsung, and Apple may use the verdict against HTC to prove that Samsung committed a similar infringement. It may also draw on its patent victories against Samsung in Germany to bolster its place in the U.S. talks. President Obama may still overturn the HTC and Motorola bans, if he decides the prohibition damages competition and hurts the market. If that happens, then the tables may turn, as Samsung could argue banning its phones would similarly stymie competition. The Takeaway: Samsung may defy these predictions and show up to the meetings with a bellicose, devil-may-care attitude, or Apple may act with uncharacteristic mercy towards its rival -- but, with the ITC's willingness to ban handsets for copyright infringement, that scenario is simply not likely. Samsung is Apple's biggest competitor, and though Tim Cook has not vocalized disdain for the South Korean company with the vigor of Steve Jobs, getting Samsung phones banned would be a huge win for Apple. Although Cook is more diplomatic than Jobs, he is likely to take a firm stance bolstered by the precedent-setting bans and wait for Samsung to agree. |
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Apple and HTC's legal battles are heating up again, and the excessive litigation is hurting HTC's strategy to compete while raising questions about patents and the U.S. legal system.
HTC's recent phone models, the HTC One X and Evo 4G LTE, have both been delayed indefinitely in the U.S. due to a patent investigation by U.S. Customs on Apple's behalf, which could devastate the Taiwanese phone maker's U.S. prospects. The patent in question concerns how phone data about a user's contacts appears on-screen. What's Happening: The U.S. District Court of Delaware ordered the decision makers from Apple and HTC in the most recent patent battle to meet to reach a settlement over the issue. Magistrate Judge Sherry R. Fallon will oversee the discussions, which will likely include Apple CEO Tim Cook and top executives at HTC. HTC issued a statement about the hold on its phones and upcoming patent skirmish, pointing out the controversial feature in question "is a small UI experience and HTC will completely remove it from all of our phones soon." To get around the ban, HTC is shipping phone models to the U.S. with custom versions of Android without the contentious feature. At the same time, the One X, which was available through AT&T, is now listed as "out of stock" on its website, and the Evo 4G LTE, which Sprint planned to begin selling on May 18, is subject to an open-ended delay. Both phones received rave reviews, and the delays are likely to anger customers waiting for their handsets. What it Means: HTC staked its fortunes in the U.S. on its new phone models, and if this delay continues, it may severely impact the company's fortunes. Apple sued to keep HTC phones out of stores in the past due to perceived patent violations, and this latest injunction demonstrates the iPhone maker is still willing to take up arms to protect its product, despite being involved in a number of other legal battles, including a significant e-publishing case and meetings with Samsung over similar issues. What It Really Means: The same patent Apple is using to block the One X and Evo 4G LTE saw time in the spotlight earlier when the U.S. International Trade Commission (ITC) ruled HTC had to remove the feature from all of its phones in 2011. HTC knew it had to work around the patent, as the ruling went into effect in April, but its newest models are now under investigation for violating the same patent. This means HTC will have a harder time defending itself against Apple, since the courts already decided the phones legitimately violate Apple's patents, and HTC's initial shipments still had the feature on the phones. What's Next: HTC poured an enormous amount of resources into streamlining its brand and focusing on a limited amount of high-end phones, and the One series bolstered its finances in the U.S. Keeping some of its best-reviewed phones off the market is sure to negatively impact the company's bottom line, which is why the company's decision to go head-to-head with Apple instead of changing its design from the get-go was a risky move. The U.S. District Court of Delaware's decision to force a meeting between HTC and Apple shows the courts do not want a protracted legal battle, and this flare-up may inspire an investigation into the way the U.S handles patent infringements. HTC will continue to sell the unchanged versions of its new phones overseas because the patent rules are different, and the company may be using this incident to point out the problems within U.S. laws. Since the feature in question is a fairly basic smartphone component -- entering in e-mail address and contact information -- Apple's prolonged fight to protect the technology only holds water in the U.S., suggesting the laws are outdated and faulty. The Takeaway: HTC did not steal Siri or swipe unique features from Apple's iOS. It made use of a feature that many believe should be available to all phone users, whether they're carrying an iPhone, Android or something else. This legal battle is akin to what would happen if it was legal for Neil Young to sue Paul McCarthy for using two major chord progressions in a row just because Young used them at one point. But the music industry doesn't work that way, and neither should the tech industry. Apple is taking advantage of laws due for overhaul and stymieing its competition, which hurts both consumers and the industry. |
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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. |
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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. |
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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. |
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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. |
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 Tags: Apple, Daily Roundup, Google, Legal, Patents, Samsung, Reports, IPhone, Germany, J.D. Power, Pinterest
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16 March 2012 |
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 TrialA 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 CenterGoogle 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 HappiestIPhone 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 PagesPinterest 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 BuyersProtesters 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. |
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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. |
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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 IPadAT&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 ClaimsApple 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 PosterousTwitter 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 StockApple 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 OutagesVerizon 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. |
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