A federal appeals court on Thursday revived Viacom’s $1 billion lawsuit against Google’s YouTube video-sharing website, The Wall Street Journal reported. The media conglomerate had alleged that YouTube allowed users to post unauthorized Viacom content between 2005 and 2008. The U.S. Second Circuit Court of Appeals remanded the case to a lower court, instructing a district judge to determine whether YouTube had knowledge or awareness of infringing material and if it was unwilling to remove it. “We are pleased with the decision by the U.S. Court of Appeals,” Viacom said in a statement. “The court delivered a definitive, common sense message—intentionally ignoring theft is not protected by the law.” Tensions between the two companies looked to be easing; just yesterday, Viacom-owned Paramount Pictures struck a deal with the Internet giant to allow more than 500 of its movies to be rented through YouTube and the Google Play marketplace. More →
Apple on Thursday was granted an injunction on multiple Motorola devices that make use of its slide-to-unlock patent, FOSS Patents reports. The ruling came from Judge Peter Guntz of Munich’s Regional Court in Germany, and it allows Apple to enforce a permanent injunction against a number of Motorola’s Android devices at anytime. The court evaluated three different embodiments, two of which Apple won. The Cupertino-based company was unsuccessful on the third embodiment, which involved the Motorola XOOM. Both companies are expected to appeal the court’s ruling. More →
On Wednesday, Sweden’s Supreme Court announced that it decided not to grant an appeal in the long-running Pirate Bay trial. After a nine-day trial in April 2009, Peter Sunde, Fredrik Neij, Gottfrid Svartholm and Carl Lundström were found guilty of assistance to copyright infringement and sentenced to one year each in prison and payment of roughly $7 million in damages. Each defendant appealed the verdict, and in November 2010 the sentences were shortened, but the fines were increased. The new sentence was again appealed, and now the Supreme Court has rejected those appeals. Sunde must serve eight months in prison, with Neij facing 10 and Lundström to face four months. Svartholm, who missed the hearing do to illness, will be forced to serve a one year prison sentence. One of the defendants, however, reached out to TorrentFreak and informed the website that he plans appeal the new sentence at the European Court of Justice. More →
Apple recently filed to appeal a December 19th ITC ruling that found HTC was infringing on just one of Apple’s patents. Patent expert Florian Muller of FOSS Patents said that Apple filed for the appeal on December 29th, and that it is likely Apple wants a more favorable ruling on the original case that includes a judgement on whether or not HTC is infringing on a real-time API patent. “It’s clear that Apple’s appeal of the ITC ruling at least aims to broaden the scope of the import ban by including the ‘263 patent,” Muller explained. “If Apple succeeded, this would greatly increase the business impact of the import ban.” The original ban, which involved patents related to “data tapping,” is set to go into effect on April 19th, but HTC said it already has workaround ready to be deployed that will allow the company to circumvent the ban. “Whatever the scope of Apple’s appeal against the ITC may be, I believe Apple has realistic chances of winning a better outcome,” Muller argued. More →
Samsung recently won a appeal lawsuit against Apple in Australia that overturned a ban on sales of the Galaxy Tab 10.1 tablet in the country. An appeals court, which recently said the ban was “not terribly fair” to Samsung, explained that the original judge in a lower court had made a mistake in approving Apple’s request for an injunction against the tablet. “We cannot see how Samsung’s conduct in refusing the offer of an early trial could properly be weighed,” the appeals court said, noting that the original court “erred in principle” for basing part of its decision on a ban on that ruling. Samsung is allowed to resume sales of the tablet beginning on December 2nd, Bloomberg noted. “The ruling clearly affirms that Apple’s legal claims lack merit,” Samsung spokesman Nam Ki Yung remarked. Read on for more. More →
Samsung has appealed a ruling by an Australian court that prevents it from selling the Galaxy Tab 10.1 in the country in an effort to get the tablet on store shelves in time for the holidays. Samsung attorney Neil Young accused Justice Annabelle Bennett of making “irrelevant considerations” and “making errors of law in her approach” to the injunction. The request for an appeal hearing will be granted by Justice Lindsay Foster, likely for the week of November 21st, The Wall Street Journal reported on Thursday. Samsung and Apple are currently locked in a number of legal battles around the globe. Apple has successfully blocked Samsung’s local retailers in Australia and The Netherlands from selling the Galaxy Tab 10.1. In addition, similar lawsuits are ongoing in the United States, Japan and France.
The Federal Communications Commission said Thursday it has filed a motion to dismiss Verizon’s lawsuit in appeal of the FCC’s net neutrality order. Verizon did not agree with the guidelines set in the FCC’s “Open Internet” order and said it was “deeply concerned by the FCC’s assertion of broad authority for sweeping new regulation of broadband networks and the Internet itself.” Verizon believes its complaint has grounds because the FCC modified its radio licenses, but the FCC sees it differently. “Notice of Appeal, however, applies only when this Court is asked to review an FCC order that modifies specific individual licenses. It does not apply to review of generally applicable commission orders that, like the Open Internet Order, regulate a broad camp of licensees as a class,” the FCC said in a release. “Jurisdiction over the Open Internet Order thus lies only under [a specific section] and Verizon’s notice of appeal in Case 11-1355 should be dismissed for lack of jurisdiction.” More →
HTC filed a lawsuit with the U.S. District Court of Delaware alleging that Cupertino-based Apple Inc. is infringing on three of its patents. The patents are related to Apple’s iPhone, iPad and Mac computers, and HTC is seeking triple damages for willful infringement and compensatory damages. The two companies have been locked in legal battles for months, but we’re a little surprised at HTC’s move given the company recently said it was disappointed in “Apple’s constant attempts at litigations instead of competing fairly in the market.” Apple first sued HTC for patent infringement in March and a judge with the United States International Trade Commission found HTC guilty of infringing on two of Apple’s patents in July. HTC said that it will appeal the ITC ruling and has argued that it has a strong case against the iPhone maker.
UPDATE: HTC’s press release is now included after the break. More →
Samsung will appeal a recent ruling by The Regional Court of Düsseldorf in Germany that bars the South Korean tablet maker from selling its Galaxy Tab 10.1 device in the whole of the European Union except for the Netherlands, The Wall Street Journal said on Friday. The appeal court date is set for August 25th. Samsung could face fines of up to $350,000 per unit if it continues to sell the device in the European Union. On August 1st, Apple also blocked Samsung from selling its tablet in Australia until courts rule whether or not the device infringes on 10 of Apple’s patents. Apple has a similar case open in the United States in which it has accused Samsung of creating copycat devices of its iPhone and iPad. “Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple’s technology, user interface and innovative style in these infringing products,” the complaint said.
HTC will appeal the U.S. International Trade Commission’s ruling that it is infringing on two of Apple’s patents. “Now the course of action is to appeal, we believe we have a very strong case, the attorney agrees with us, and therefore we will appeal,” HTC’s chief financial officer Winston Yung told The Wall Street Journal on Monday. On Friday, a U.S. ITC judge said that HTC was guilty of infringing on two of Apple’s patents that cover a “system and method for performing an action on a structure in computer-generated data,” and a “real-time signal processing system for serially transmitted data.” Apple originally filed the complaint last year, and HTC has filed its own lawsuit against Apple in which it argues that Apple is infringing on patents owned by its subsidiary S3 Graphics. Yung also said that HTC is open to discussing the lawsuit with Apple. “If the parties want to talk, we can talk anytime…I think in cases like this, you should keep in touch,” he said.
The U.S. Supreme Court on Thursday ruled against Microsoft in an appeal tied to a major patent dispute, ordering the Redmond-based company to pay a record $290 million patent fine. Supreme Court justices voted unanimously to uphold an earlier judgement stating Microsoft had infringed patents belonging to small Canadian software firm i4i. The judgement comes following a legal battle that began in 2007 when i4i sued the software giant claiming its Microsoft Word productivity software infringed on i4i patents. I4i was awarded $290 million by a federal judge at that time, and Microsoft would proceed to appeal the ruling for four years despite agreeing to alter its software in order to remove the infringing features. More →
AT&T on Thursday issued a public response to Sprint’s recent attempt to thwart its proposed acquisition of T-Mobile USA by appealing to the Public Service Commission of West Virginia, which oversees public utilities and telcos in the state. While AT&T is busy trying to bring its upcoming 4G service to West Virginians, the carrier contends, Sprint is simply impeding its plans without having any intentions of its own to build a 4G network in the state. “AT&T is trying to bring the latest and fastest mobile Internet service to most of the citizens of West Virginia. Since Sprint is trying to stop that, we hope state officials will ask Sprint what its own plans are for bringing LTE speeds to the people of West Virginia,” said AT&T’s President of the Mid-Atlantic Region, J. Michael Schweder, in a statement. “We suspect Sprint either has no such plan, or that its own plans pale in comparison to AT&T’s. In either case, we’re confident West Virginians will see Sprint’s filing for what it is — a cynical effort to hurt a competitor, even if the ones truly hurt are the many people of West Virginia who would be denied the fast mobile Internet speeds they need and want.” Sprint indicated earlier this week that its appeal in West Virginia was the first of several state-level filings it will make across the country. Hit the break for AT&T’s full response. More →
Verizon Communications on Thursday announced that is has filed an appeal with the United States Court of Appeals in Washington, DC to challenge a net neutrality order put in place by the FCC late last year. The FCC’s “Open Internet” order puts a preliminary set of guidelines in place in an effort to protect consumers while not imposing too much control over ISPs. Apparently, the FCC’s first swing was a huge miss in Verizon’s eyes. “We are deeply concerned by the FCC’s assertion of broad authority for sweeping new regulation of broadband networks and the Internet itself,” Verizon’s senior vice president and deputy general counsel Michael E. Glover said in a statement. “We believe this assertion of authority goes well beyond any authority provided by Congress, and creates uncertainty for the communications industry, innovators, investors and consumers.” Hit the jump for Verizon’s press release. More →