Jury says Google infringed on Oracle's copyrights

By on May 7, 2012 at 4:15 PM.

Jury says Google infringed on Oracle's copyrights

Jury rules Google infringed on Oracle's copyrights

A San Francisco jury on Monday determined that Google’s Android operating system infringes on Oracle’s copyrights concerning its Java programing language, Reuters reported. After days of deliberation, however, the jury could not decide whether Google had the right to fair use of the copyrighted material, an argument Oracle is now attempting to have thrown out. Google’s lawyers challenged the jury’s decision on Java and are moving for a mistrial. After rendering the copyright verdict, the seven woman, five man jury will next hear a testimony from Oracle regarding its patents and then rule on damages — Oracle is seeking roughly $1 billion. More →

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Apple’s iPhone 4S cleared of infringement claims in the Netherlands

By on March 14, 2012 at 1:15 PM.

Apple’s iPhone 4S cleared of infringement claims in the Netherlands

A Dutch judge on Wednesday ruled that the iPhone 4S does not infringe Samsung’s patents, Dutch website Tweakers reported. The Hague court has not yet ruled whether Apple’s earlier models and iPad 2 tablet infringe the vendor’s patents due to different implementations of 3G technology that may be protected. Samsung accused Apple’s iPhone 4S of infringing its industry essential 3G patent, although Qualcomm already licensed the technology for the chip, which is found within Apple’s handset. Apple’s earlier devices, however, use 3G chips supplied by Intel subsidiary Infineon, which reportedly never licensed the technology from Samsung. The court also ruled that, because of Apple’s negotiation efforts, the Cupertino-based company’s products can remain on sale in the Netherlands throughout the remainder of the trial. More →

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Yahoo files ‘puzzling’ patent lawsuit against Facebook

By on March 13, 2012 at 7:15 PM.

Yahoo files ‘puzzling’ patent lawsuit against Facebook

Yahoo has filed a massive patent infringement lawsuit against its business partner, Facebook, AllThingsD reported on Monday. The search company claims that Facebook’s News Feed, advertising methods, privacy settings and more infringe its patents. “Facebook’s entire social network model, which allows users to create profiles for and connect with, among other things, persons and businesses, is based on Yahoo’s patented social networking technology,” Yahoo’s lawsuit said. The company claims that Facebook has been “free riding” on Yahoo’s intellectual property and royalty payments alone will not be enough. Read on for more. More →

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Apple accuses Samsung of violating court order in infringement case

By on March 12, 2012 at 11:30 AM.

Apple accuses Samsung of violating court order in infringement case

Apple has accused Samsung of violating a court order to produce its source code in a recent patent infringement case. The Cupertino-based company claims that the vendor has “only partially complied with” a judge’s order that required Samsung to hand over the source code for its 4G smartphones and Galaxy Tab 10.1 tablet, Bloomberg reported on Monday. According to a recent court filing, Apple claims that Samsung has only produced the source code for one version of each of the infringing devices and withheld all other versions. “At this point in the case, it is too late for Apple to make meaningful use of any late produced source code,” Apple said in the filing. The company claims that because of Samsung’s late submission, Apple has been left with “insufficient time for Apple’s experts to analyze any new code,” which are due in less than two weeks. Since April, Samsung and Apple have filed more than 30 lawsuits against one another in various countries around the world. More →

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Proview brings iPad trademark battle to U.S.

By on February 24, 2012 at 11:50 AM.

Proview brings iPad trademark battle to U.S.

Proview International on February 17th asked a California court to prevent Apple from using the iPad name in the United States, Bloomberg reports. The Chinese company — which Apple claims sold it the rights to the iPad trademark in 10 countries, including China — says Apple subsidiary IP Application Development Ltd. made “false” statements to Proview before the sale and is now asking a Superior Court in Santa Clara to nullify the deal. A court in Shanghai on Thursday rejected Proview’s request to block sales of the iPad within the city. The Cupertino-based company released the iPad to China in 2010, and it is now the second-biggest iPad market in terms of revenue for Apple. More →

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Apple scores a win in Shanghai court, iPad sales to continue

By on February 23, 2012 at 9:00 AM.

Apple scores a win in Shanghai court, iPad sales to continue

A Shanghai court has rejected Proview International’s request to block the sales of Apple’s iPad, reports Reuters. According to the publication’s sources, the Pudong New Area People’s Court in Shangai on Wednesday issued a ruling in Apple’s favor following a trademark infringement complaints filed in Shanghai. While the decision only covers iPad sales within that city, the victory comes after the Cupertino-based company was handed a string of defeats in smaller courts throughout China. Apple has appealed a December judgement that saw a Shenzhen court rule in favor of Proview, and the hearing is scheduled for February 29th in China’s southern province of Guangdong. More →

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Apple defends rights to iPad name in Shanghai court

By on February 22, 2012 at 9:35 AM.

Apple defends rights to iPad name in Shanghai court

Apple on Wednesday defended itself in a Shanghai court against Proview International, which claims Apple is violating a trademark it holds on the “iPad” name, the New York Times reported. Proview’s allegations have prevented the Cupertino-based company from selling its popular tablet in numerous smaller Chinese cities, however Apple Stores in Beijing and Shanghai continue to sell the device. The four-hour session at the Pudong New Area People’s Court ended without any ruling from the district judge, though both sides reportedly presented new evidence in the case. Apple claims it acquired the iPad trademark from Proview in 2009. “We bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago,” the company said in a statement. “Proview refuses to honor their agreement with Apple in China and a Hong Kong court has sided with Apple in this matter. Our case is still pending in mainland China.” Proview claims that Apple is using the iPad name illegally, however, as the subsidiary that licensed the trademark to Apple was not authorized to do so. More →

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Chinese court orders ban on Apple’s iPad

By on February 20, 2012 at 9:05 AM.

Chinese court orders ban on Apple’s iPad

A lawyer representing Proview International on Monday announced that the Intermediate People’s Court in Huizhou, a city in southern China, ruled on Friday that distributors should stop selling iPads in China, Associated Press reports. Proview has claimed ownership of the “iPad” name in China and it says Apple is violating its trademark. “We bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China and a Hong Kong court has sided with Apple in this matter,” Apple spokeswoman Carolyn Wu said earlier in response to the lawsuits. Proview is looking to prevent Apple from importing or exporting the popular tablet in China and may sue the Cupertino-based company for as much as $2 billion in the United States. At least 45 iPads had been pulled from store shelves in various Chinese cities last week, however Apple’s tablets were still being sold at numerous retail locations across the country. More →

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Chinese firm may sue Apple for $2 billion in U.S. over iPad name

By on February 17, 2012 at 9:05 AM.

Chinese firm may sue Apple for $2 billion in U.S. over iPad name

On Friday, the Chinese company that claims to hold the trademark on the “iPad” name, threatened to sue Apple in the U.S. for $2 billion dollars, reports the AFP. Proview Technology claims it owns the Chinese rights to the iPad name and the company’s lawyers are looking to prevent Apple from importing or exporting the popular tablet in China. “Right now we are selecting from three American law firms to sue Apple in the United States for $2 billion in compensation,” said the chairman of Hejun Vanguard Group, a company working with creditors to restructure Proview. Proview’s chief executive Yang Rongshan has repeatedly denied allegations that the company is extorting Apple in order to pay off its debt.”We own [the iPad trademark] in China,” Rongshan said. “If you were in my position… you would try to protect your rights.” Apple has said that it previously licensed the iPad trademark and Proview is failing to honor its earlier agreement. More →

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Chinese firm looks to block iPad sales across the globe

By on February 14, 2012 at 4:40 PM.

Chinese firm looks to block iPad sales across the globe

On Monday, Chinese officials seized 45 iPads in response to a trademark complaint from Proview International, the owner of the “iPad” name in China. Proview has now asked the Chinese government to block the import and export of the popular tablet, reports Bloomberg. “We are applying to customs to stop any trademark- infringing products from imports to China and also for exports,” said Roger Xie, a lawyer representing Proview. “Apple wants to postpone and continue infringement of the iPad in China.” Apple maintains that it has purchased rights to the iPad name in 10 countries from Proview, including in China. “Proview refuses to honor their agreement with Apple in China,” said Carolyn Wu, Apple’s Beijing-based spokeswoman. “Our case is still pending in mainland China.” The iPad is manufactured by Foxconn in Brazil and in China, so an export ban on the popular tablet would have significant ramifications for Apple. More →

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Chinese authorities seize iPads over trademark infringement

By on February 13, 2012 at 7:35 PM.

Chinese authorities seize iPads over trademark infringement

Chinese officials seized 45 iPads in response to a trademark complaint filed recently by Proview International Holdings over the iPad name, reports the Hebei Youth Daily. The tablets were seized from store locations within Shijiazhuang, the capital of the Hebei province in northern China. In April 2010, Apple sued Proview claiming ownership of the iPad trademark in China. On November 17th, however, the Shenzhen Intermediate People’s Court rejected Apple’s claims, leading the Cupertino-based company to appeal the ruling to the Higher People’s Court of Guangdong province. Proview registered the iPad trademark in various countries as early as 2000, with the the Shenzhen-based unit having registered the trademark in China in 2001. Apple began selling the iPad in China in 2010. More →

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ITC reportedly rejects Barnes & Noble’s antitrust complaint against Microsoft

By on February 1, 2012 at 4:25 PM.

ITC reportedly rejects Barnes & Noble’s antitrust complaint against Microsoft

Barnes & Noble and Microsoft are currently tied up in two separate legal battles, one being heard by the Department of Justice and the other by the International Trade Commission. In March 2011, like previous Android vendors, Microsoft accused Barnes & Noble’s NOOK and NOOK Color of infringing on the company’s patents. The software giant, which takes in roughly $450 million a year through Android royalties, was looking to license the infringed patents to the bookseller, but the company fired back with claims that Microsoft was creating an abusive monopoly. It is now being suggested by patent expert Florian Muller of FOSS Patents that the ITC is likely to reject Barnes & Noble’s antitrust complaint against Microsoft, however. The complete order is not publicly available, but an administrative law judge has reportedly dismissed Barnes & Noble’s patent misuse defense against Microsoft . The judge issued a detailed order that has not yet been made public, but the headline reads, “Initial Determination Granting Microsoft’s Motion for Summary Determination of Respondents’ First Affirmative Defense of Patent Misuse.” The ITC evidentiary hearing will begin on Monday, February 6th. More →

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Apple appeals ITC’s ruling in HTC patent case

By on January 25, 2012 at 6:25 PM.

Apple appeals ITC’s ruling in HTC patent case

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 →

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