EU

European Commission Support of FRAND Licenses Hurts Open Standards 137

jrepin writes "While the UK has seen the light, the EU has actually gone backwards on open standards in recent times. The original European Interoperability Framework required royalty-free licensing, but what was doubtless a pretty intense wave of lobbying in Brussels overturned that, and EIF v2 ended up pushing FRAND, which effectively locks out open source — the whole point of the exercise. Shamefully, some parts of the European Commission are still attacking open source."
The Courts

Ban on Certain Samsung Products Appears Likely ITC Ruling 90

Ars Technica reports that "On Friday the ITC filed a redacted version of a remedy suggested by ITC Administrative Law Judge Thomas Pender, in which he recommended a ban be enforced against Samsung products that were found to infringe upon four Apple patents. The judge also recommended that Samsung post a bond for 88 percent of the value of its infringing mobile phones, as well as 32.5 percent of the value of infringing media players, and 37.6 percent of the value of infringing tablets." That sounds like a clear loss for Samsung, but the judge "also approved several workarounds suggested by Samsung that might permit the company to continue selling the implicated products (which include the Transform, Acclaim, Indulge and Intercept smartphones, according to Computerworld). These workarounds would sidestep infringing on Apple's four patents—which include one design patent and three technology patents." Ruling and remedy have yet to be approved by the panel whose word would make them final.
Patents

LG Seeks Sales Ban of Samsung Galaxy Tablet In Korea 91

Dupple writes "According to the Dow Jones News Wires, LG has filed an injunction in its home territory of South Korea, seeking to ban the sale of the Galaxy Note 10.1, alleging the panels inside the tablet infringe LG patents. The injunction follows a lawsuit filed by Samsung on 7 December, which alleged that LG infringed seven of Samsung's liquid crystal display patents. LG, which filed the injunction with the Seoul District Court on Wednesday, is aiming to block the sales of the Galaxy Note 10.1 tablet computer."
Patents

Samsung Retaliates Against Ericsson With Patent Complaint 43

An anonymous reader writes "The wireless patent wars don't pause at Christmas time, keeping numerous IP lawyers (and a certain litigation watcher) busy even at this time of year. No one seriously expected Samsung to turn the other cheek when Ericsson sued it and requested a U.S. import ban against a host of Galaxy devices. The Korean electronics giant, which is increasingly competing with Ericsson in the telecoms infrastructure market, just filed an ITC complaint of its own. The title of the complaint is Certain Wireless Communication Equipment and Articles Therein. That description would apply to dozens, no: hundreds, of patent lawsuits in the world. The complaint has not been published yet, but it would be out of character for Samsung not to assert some of its patents on wireless industry standards (and maybe some others, too)." (Also at the BBC.)
Google

Jury Hits Marvell With $1 Billion+ Fine Over CMU Patents 167

Dupple writes with news carried by the BBC of a gigantic tech-patent case that (seemingly for once) doesn't involve Samsung, Apple, Microsoft, or Google: "'U.S. chipmaker Marvell Technology faces having to pay one of the biggest ever patent damage awards. A jury in Pittsburgh found the firm guilty of infringing two hard disk innovations owned by local university Carnegie Mellon.' Though the company claims that the CMU patents weren't valid because the university hadn't invented anything new, saying a Seagate patent of 14 months earlier described everything that the CMU patents do, the jury found that Marvell's chips infringed claim 4 of Patent No. 6,201,839 and claim 2 of Patent No. 6,438,180. "method and apparatus for correlation-sensitive adaptive sequence detection" and "soft and hard sequence detection in ISI memory channels.' 'It said Marvell should pay $1.17bn (£723m) in compensation — however that sum could be multiplied up to three times by the judge because the jury had also said the act had been "wilful." Marvell's shares fell more than 10%.'"
Google

UK Court Invalidates Motorola Message Syncing Patents 31

Dupple writes with news of another tech patent thrown out for obviousness. From the article: "On Friday, the High Court of London issued a ruling that said that one of Motorola's patents covering technology to synchronize messages across several devices should be invalidated. Originally, the patent covered the synching of messages across multiple pagers, but recently Motorola has used the patent in lawsuits against Apple and Microsoft for using similar message-syncing services in iCloud and on the Xbox, respectively. The presiding Judge Richard Arnold declared Motorola's patent invalid and said it should be revoked because the patent (which has a priority date from 1995, but was issued in 2002) contained technology that 'was obvious to experts in the field at the time.'"
Microsoft

Microsoft Patents Virtual Handshakes, Hugs 87

theodp writes "'It can be tough to stay connected over long distances,' writes GeekWire's Todd Bishop. 'Yes, there's phone calls, texting, Facebook, Twitter, IM, video chatting and everything else. But what if you could give virtual hugs to each other using battery-powered, Internet-enabled pillows?' That — and more — is covered by Microsoft's newly-awarded patent on Force-Feedback Within Telepresence, the idea of using interactive, connected devices to bring physical interactions to long-distance communications. Readers of Ted Nelson's 1975 Computer Lib/Dream Machines can only imagine the interesting possibilities for Skype!"
Cellphones

Reexamination Request Filed Against Another Apple Patent 85

An anonymous reader writes "After the rubber-banding, 'Steve Jobs' heuristics and pinch-to-zoom patents, another Apple patent in use against Samsung comes under pressure. An anonymous filer, most likely Samsung, has filed a reexamination request against Apple's RE41,922 patent on a 'method and apparatus for providing translucent images on a computer display.' It's not among the patents a California jury evaluated this summer, but one of four patents an ITC judge preliminarily found Samsung to infringe. The reexamination request features five new pieces of prior art (three U.S. patents from the early 1990s and two Japanese patents), all of which dealt with translucent images. The patent office will decide next year whether to grant or deny the request for reexamination. Expect more such petitions targeting Apple patents."
EU

EU Charges Samsung With Abusing Vital Telecoms Patent 96

Dupple sends this news from Reuters: "The European Commission charged Samsung Electronics on Friday with abusing its dominant position in seeking to bar rival Apple from using a patent deemed essential to mobile phone use. The Commission sent a 'statement of objections' to the South Korean group, with its preliminary view that Samsung was not acting fairly. 'Intellectual property rights are an important cornerstone of the single market. However, such rights should not be misused when they are essential to implement industry standards, which bring huge benefits to businesses and consumers alike,' Competition Commissioner Joaquin Almunia said in statement."
Businesses

RIM Pays Off Nokia; Patent Dispute Settled 23

Today Nokia announced an agreement with Research In Motion to resolve all patent legislation between the two. The companies have been fighting over patents for almost a decade, most recently over devices with wireless LAN capabilities. The terms of today's agreement were not disclosed but it involved a one-time payment from RIM as well as ongoing payments. This agreement comes shortly after RIM's announcement that it pulled in $9 million in profit last quarter, down 97% from the $265 million they earned in the same quarter the year before. The company has pinned its hopes on BlackBerry 10, scheduled to launch next month: "So this is RIM at the end of 2012: losing subscribers and revenue, facing significant opponents, but with more cash on hand and at least one long-running lawsuit settled. If nothing else, it means the way is clear for RIM to launch its Hail Mary pass: BlackBerry 10."
Electronic Frontier Foundation

The Mark Cuban Chair To Eliminate Stupid Patents 121

l2718 writes "The Electronic Frontier Foundation announced today a large donation by Mark Cuban and Markus 'Notch' Persson to the EFF Patent Project. Notably, part of Cuban's donation is for the creation of the 'Mark Cuban Chair to Eliminate Stupid Patents' (the first holder is current staff attorney Julie Samuels). Time will tell if the new title will help her advocacy work. Cuban said, 'The current state of patents and patent litigation in this country is shameful," said Cuban, owner of the Dallas Mavericks. "Silly patent lawsuits force prices to go up while competition and innovation suffer. That's bad for consumers and bad for business. It's time to fix our broken system, and EFF can help.' Notch added, 'New games and other technological tools come from improving on old things and making them better – an iterative process that the current patent environment could shut down entirely. '"
Patents

Kodak Patents Sold for $525 Million 117

An anonymous reader writes "Intellectual Ventures and RPX Rational Patent, two companies frequently referred to as patent trolls, have snapped up the troubled Kodak company's imaging patents. Bloomberg reports that Kodak has agreed to sell the patent portfolio for $525 million, despite previous valuations of over $2 billion." New submitter speedplane adds "How many stories have we read hating on the biggest patent troll of them all? Finally we see Intellectual Ventures making their case in a Wired op-ed, filled with everything you would would expect from a company suing the tech world on thousands of dubious patents: '...the system needs intermediaries within the market — companies like Intellectual Ventures — to help sift through and navigate the published landscape. By developing focused expertise, these patent licensing entities and intermediaries can function as patent aggregators, assembling portfolios of relevant inventions and providing access through licensing.' And my favorite gem: 'Ultimately, the users of those products — you — are the ones who benefit.'"
Cellphones

Samsung Drops European Injunction Requests Against Apple 71

An anonymous reader writes with this IDG News report: "Samsung dropped all claims pending in European courts in which it asserted patents that are essential for mobile communication devices to prevent the sales of Apple products in Europe. The injunction requests against Apple, which aimed to get courts to impose sales bans on infringing products, were withdrawn in the U.K., France, the Netherlands, Germany and Italy. Samsung only withdrew the injunctions requests — other litigation against Apple in Europe continues, Anne ter Braak, a spokeswoman for Samsung in the Netherlands, said in an email on Tuesday. While Samsung said it withdrew its claims in the interest of protecting consumer choice, it could have to do with a European antitrust investigation."
Patents

Judge Refuses Apple Request For Samsung Ban, But Denies New Trial, Too 156

A reader writes with this news from the Register: "Apple has failed in its attempt to obtain a permanent ban on several Samsung products in the U.S., but Samsung's accusations of jury misconduct have also been rejected. As she has so many times before, Judge Lucy Koh kept things even between Apple and Samsung by rejecting most of their requests. After Apple won $1bn in its patent infringement case against the Korean firm, it set about pursuing another win in the form of permanent injunctions on the products in the case. The fruity firm wanted a California court to stop sales of the Sammy mobile phones and tablets in the U.S., but the judge said the company hadn't done enough to legally support such a ban." More details at Groklaw.
Patents

China's ZTE and Huawei Join the German Patent Fray 34

An anonymous reader writes "Germany has pretty much become the new Eastern District of Texas, the world's most popular patent battleground. After Apple, Samsung and Motorola, the Chinese are now going to Germany as well to sort out their domestic patent squabbles. Huawei and ZTE, arguably the People's Republic's leading wireless tech companies, started suing each other in April last year. On Friday the Mannheim Regional Court held a Huawei vs. ZTE hearing, reports a local patent watcher. Huawei says ZTE infringes a 4G/LTE handover patent and wants its rival's base stations and USB modem sticks banned in Germany. More clashes between the two are coming up in the same court and in other places in Europe, including France."
Patents

iPhone Infringes On Sony, Nokia Patents, Says Federal Jury 166

snydeq writes "A federal jury in Delaware has found Apple's iPhone infringes on three patents held by MobileMedia, a patent-holding company formed by Sony, Nokia and MPEG LA, InfoWorld reports. The jury found that the iPhone directly infringed U.S. patent 6,070,068, which was issued to Sony and covers a method for controlling the connecting state of a call, U.S. patent 6,253,075, which covers call rejection, and U.S. patent 6,427,078, which covers a data processing device. MobileMedia has garnered the unflattering descriptor "patent troll" from some observers. The company, which was formed in 2010, holds some 300 patents in all."
Patents

New EU-Wide Patent System Approved 75

Dupple writes "There's a two page article over on IT World detailing a new patent system passed by the European Parliament that will unify the patent process across most countries in the EU. Quoting: 'Parliament adopted all three proposed regulations needed to form the new patent system on Tuesday: the regulation on a Unitary Patent, the language regime and the formation of a new unified patent court system. Not all European Union member states want a part in the new system: Italy and Spain refused to participate, although they may join at any time. The new system will cut the cost of obtaining a patent in the participating countries by up to 80 percent, the Parliament said. The patents will be made available in English, French and German and applications will have to be made in one of those three languages. Not everyone was pleased with the newly adopted regulation though. MEPs opposing the adopted text are concerned the new system is going to be bad for innovation and business, and by voting for the text, the Parliament is giving away powers, they said. The new regulation "means the European Parliament will abdicate all its political powers to an organization ... that is outside of the E.U.," said Christian Engström, Pirate Party member of parliament, adding that he still wanted a European patent as long as it did not hamper innovation as he believes the proposal in its current form does.'"
Patents

Apple and Google Joining Forces On Kodak Patents Bid 97

TrueSatan writes "Bloomberg reports that Apple and Google have partnered to make a bid of more than $500 million for the Kodak patent portfolio. The bid relates to Kodak's 1,100 imaging patents. 'Kodak obtained commitments for $830 million exit financing last month, contingent on its sale of the digital imaging patents for at least $500 million.' This is likely to be an opening bid, with the final figure being far larger. By comparison, a group including Apple, Microsoft, and RIM bought Nortel's 6000+ patents for $4.5 billion last year. 'Google lost the auction for those patents after making an initial offer of $900 million.'"
GUI

Steve Jobs Patent On iPhone Declared Invalid 247

An anonymous reader writes "Apple's most famous multitouch software patents are increasingly coming under invalidation pressure. First the rubber-banding patent and now a patent that Apple's own lawyers planned to introduce to a Chicago jury as 'the Jobs patent.' U.S. Patent No. 7,479,949 covers a method for distinguishing vertical and horizontal gestures from diagonal movements based on an initial angle of movement. For example, everything up to a slant of 27 degrees would be considered vertical or horizontal, and everything else diagonal. The patent office now seems to think that Apple didn't invent the concept of 'heuristics' after all."
Google

Google's Schmidt: Patent Wars Harm Startups 82

Nerval's Lobster writes "Former Google CEO Eric Schmidt opened up to The Wall Street Journal in a Dec. 4 interview. Among the topics covered: the status of his company's ongoing patent war with Apple, as well as its attempts to make the Android mobile operating system more of a revenue giant. In Schmidt's mind, startups have the most to lose in the current patent wars: 'There's a young [Android co-founder] Andy Rubin trying to form a new version of Danger [the smartphone company Mr. Rubin co-founded before Android]. How is he or she going to be able to get the patent coverage necessary to offer version one of their product? That's the real consequence of this.'"

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