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Apple vs. Samsung, Day Three: Into the weeds of patents

04/08, 3:53am

Apple's case continues with engineer Deniau, experts Mowry and Snoeren

Over the weekend, Apple filed a notice with the court that it could wrap up its main presentation by tomorrow at the earliest, but expects to be done no later than Friday, barring any changes to Samsung's pattern of cross-examination. On Monday, patent expert Andrew Cockburn from New Zealand was summoned back to the witness stand for a scant 16 minutes of light cross-examination, followed by testimony from Apple engineer Thomas Deniau and a pair of additional patent experts.

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US Supreme Court: Lexmark can be sued for bad DMCA claim

03/26, 2:03pm

Clone refill chip manufacturer allowed to seek redress for Lexmark actions

The Supreme Court of the US has ruled against Lexmark, allowing a company it filed a Digital Millennium Copyright Act (DMCA) against erroneously to seek legal recompense. The unanimous ruling will allow chip manufacturer Static Control Components (SCC) to seek redress against Lexmark for tarnishing its business reputation, when Lexmark falsely induced consumers "to believe that [SCC] is engaged in illegal con­duct."

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Dotcom defense stymied, NZ court rules against evidence disclosure

03/21, 7:55am

Supreme court finds lower ruling 'erroneous, greatly complicates defense

The New Zealand Supreme Court has ruled against Internet maven Kim Dotcom, declaring that US prosecutors did not need to pre-disclose evidence against him in a July extradition hearing. The appeals hearing ruled that the lower court was erroneous in its ruling that demanded disclosure of the evidence. A summary of the evidence has already been provided to Dotcom, and is sufficient for defense purposes at this stage, the judges ruled.

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Economists argue in Apple's favor in e-book appeal court filing

03/05, 10:58pm

Original judge, DOJ misapplied antitrust law, 'ignored economic evidence'

Two economists from CalTech and NYU have filed an amicus curae ("friend of the court") brief that makes powerful arguments for a reversal of the verdict in the original bench trial overseen by Judge Denise Cote. Across more than 30 pages, they tell the appeals court that fundamental concepts of antitrust law and crucial economic evidence and reasoning were "disregarded" by the judge.

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Court rejects Google's request to hold anti-Islamic video removal

03/01, 4:10pm

Attempts to keep video up as larger appeal is sought fails

After a ruling on February 26 in which the Ninth US Circuit Court of Appeals overturned a previous decision and ordered a YouTube video removed, Google's appeal to appear before a larger panel review has been denied. On Friday, the Ninth Circuit Court rejected Google's request to put the video's removal on hold as the case continued.

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Apple, Samsung mediation talks fail, but both sides to keep talking

02/22, 7:56pm

CEOs, top lawyers met in early February, but could not come to agreement

Ahead of the second patent trial between Apple and Samsung scheduled for March 31 -- which covers a completely different set of patents and is not an appeal of the first trial, which Apple won last year -- the two companies are said to be making efforts at settling their differences rather than going to trial. Thus far -- as before, ahead of the first trial -- the negotiations have not resulted in an agreement, but in a court filing, both companies said they were willing to keep talking.

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Court: Antitrust monitor Bromwich stays, but with more limitations

02/10, 7:27pm

Apple had wanted monitor suspended while appeal goes forward

Apple on Monday lost its bid to halt or replace court-appointed antitrust monitor Michael Bromwich, a friend of trial Judge Denise Cote which the company had strenuously objected to for a variety of reasons. The court, while rejecting Apple's claim that Bromwich's "overreaching" and obnoxious behavior was causing the company "irreparable harm," did set stronger limits on Bromwich's activities -- curtailing most of what Apple had objected to.

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Federal court grants injunction against Aio Wireless

02/09, 2:40pm

Judge finds Aio Wireless color choice infringes trademark

The case for the use of the color magenta in the mobile marketplace filed by T-Mobile against Aio Wireless, an AT&T subsidiary, has dealt a blow to the smaller no-contract carrier by a federal court. An injunction has been granted in favor of T-Mobile which restricts Aio from further use of the color.

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Secret surveillance court accepts two of Obama's NSA metadata reforms

02/07, 1:25pm

Agrees to measures requiring court approval for NSA metadata searches

The Foreign Intelligence Surveillance Court has given its approval to changes President Barack Obama has requested as part of a surveillance reforms speech last month. Two measures in the reforms have been accepted by the court, which will affect the way the National Security Agency (NSA) searches its phone records database in the future.

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Samsung, Apple argue in court over product sales injunctions

01/30, 9:01pm

Apple says bans are the price Samsung has to pay for copying

Apple and Samsung were in court on Thursday in front of US District Court Judge Lucy Koh, with the former arguing that its successful verdicts against Samsung entitles it to sales bans on the affected products (even though none of them are still offered for sale). Samsung, meanwhile, protested that the injunctions would "create fear and uncertainty" among suppliers, since Apple could seek bans on current and future products as well.

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Judge: Apple's objections prove need for e-book antitrust monitor

01/16, 6:51pm

Logic-defying ruling may inadvertently aid Apple's appeal

Following on from an initial ruling on Monday that ignored Apple's objections, US Federal Judge Denise Cote reinterated her denial of Apple's request for either suspension of a court-appointed antitrust monitor during appeal or at least the replacement of former DOJ Inspector General Michael Bromwich as the monitor in a 64-page ruling. "If anything, Apple's reaction to the existence of a monitorship underscores the wisdom of its imposition," she wrote.

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Apple formally requests removal of Bromwich as court enforcer

01/08, 2:14am

Controversial 'monitor' shows himself to be biased, Apple argues

Apple has filed a formal request with the same judge that appointed the antitrust compliance monitor to have him removed, citing a wide range of complaints and accusations of overreach -- including the monitor's own recent declarations, which the company says prove a pre-existing bias. Former DOJ Inspector General Michael Bromwich was a controversial choice for the post due to his lack of antitrust experience and personal relationship with the judge, among other problems and conflicts of interest.

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Samsung handed another setback in German SEP patent case

11/23, 12:19am

Case against Apple suspended while validity of Samsung patent decided

Just hours after a US jury restored more than half of the set-aside portion of damages from the first Apple vs Samsung trial, a separate case in Germany has been suspended because the court believes that the patent Samsung is attempting to sue Apple over is invalid. The matter will be put on hold until the Federal Patent Court of Germany can determine it. Even if the patent is eventually found valid, Apple will face no injunction over its use, since it is a standards-essential patent (SEP).

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Judge tosses four of five Apple patents for 'lost profit' damages

11/15, 7:22pm

Original jury had awarded Apple $114 million for the patents

Even as Apple senior executive Phil Schiller was telling the jury that Samsung's copying and infringement of Apple patents had hurt the reputation of the company, presiding US District Court Judge Lucy Koh ruled on Friday that Apple can't pursue damages due to lost profits on four of the five patents-in-suit. While "lost profits" is only a portion of the damages that can be awarded, the original jury in the first trial assigned around $114 million to Apple for the patents in question, leaving the company more likely to get less overall.

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Court rules Deutsche Telekom cannot throttle home broadband services

10/30, 2:28pm

Plan to cap speeds on fixed broadband connections stopped by German court

A court in Germany has ruled that Deutsche Telekom cannot throttle its home broadband service to a lower speed when a customer exceeds data allocations on a flat-rate package. Plans due to come into force in 2016 that would force customers down to a significantly slower connection than one they had originally paid for once they reach a data limit can no longer take place.

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Tokyo court censors results from Google autocomplete

04/16, 7:01am

Results of searches continue to link man to criminal acts

A Japanese court has ordered Google to censor terms used in autocomplete that relate to one specific person. The ruling by the Tokyo District Court also awarded the unknown person 300,000 yen ($3,100) for the "mental anguish" endured, caused by the association of his name with various criminal acts in autocomplete-derived searches.

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UK Court of Appeal orders Apple to pay Samsung legal costs

11/11, 4:03pm

Payment under 'indemnity' basis due to 'false and misleading' information

Apple has been ordered to pay Samsung's costs in its UK legal battle. The Court of Appeal made the order under an "indemnity basis," typically higher than the normal "standard" basis of legal costs, due to the "false and misleading" information placed by Apple in the first court-ordered statement on its website.

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Apple places second attempt at 'apology' statement online

11/04, 10:56am

Toned-down statement in response to UK Court order

Apple has updated its website in order to follow a court ruling for a second time. After the UK Court of Appeal attacked the original attempt, deeming it non-compliant, Apple has put another notice up for UK-based website viewers. While toned down from the original attacking-style of the first version, the new statement forces users to scroll down in order to see it in the first place.

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First Apple ''apology'' statement published in UK newspaper

11/02, 10:29am

Published statement toned down from non-compliant text

Apple has published its first printed "apology" statement, as mandated by the UK Court of Appeal. The statement appears at the bottom of page five of The Guardian, and is seemingly more restrained in its wording compared to the version that appeared on its website, which has since been removed from view.

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UK court rules Apple's Samsung statement non-compliant

11/01, 12:14pm

Apple to publish amended statement within 48 hours

Apple has been attacked by the UK Court of Appeal over how the company worded its acknowledgment that Samsung did not infringe on iPad design patents. The original statement was considered not to be compliant with the court order, and Apple has been instructed to republish a more appropriate statement on its website.

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Apple adds link to Samsung judgement on UK site

10/26, 6:41am

Published judgement includes coolness comments

Apple has updated its website to comply with a court order in the UK. A small link at the bottom of apple.com/uk titled "Samsung/Apple UK judgement" takes visitors to a seperate page, explaining that the High Courty of Justice of England and Wales found the Samsung Galaxy Tab 10.1, Tab 8.9, and Tab 7.7 do not infringe one of Apple's design patents.

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Korean court bans iPhone 4, iPad 2, Galaxy Nexus, Galaxy Tab

08/24, 12:09am

Companies awarded small damages

A South Korean court has ruled that both Apple and Samsung are guilty of patent infringement, bringing an end to two lawsuits filed last year. A three-judge panel outlined the split decision, which finds Apple guilty of infringing two Samsung patents and, conversely, Samsung has been found guilty of infringing one Apple patent. Both companies will be affected by product injunctions, though the monetary damage awards are minuscule.

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Court filings show Google's motivations behind book scanning

08/06, 11:59pm

Documents from 2004 show primary goal of making money

In a court filing by writer's advocate group The Authors Guild, the motivation for Google's nearly decade-long scanning of books and documents was revealed to be contrary to its stated purpose. Rather than creating a massive "card catalog" of out-of-print books, the internal Google documents show that the primary goal of the scanning was making money.

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Apple moves for harsh judgement sanctions against Samsung

08/02, 7:05pm

'Severe misconduct' and past bad behavior over design patents

Saying "Samsung apparently believes that it is above the law, and that it -- not this Court -- should decide what evidence the jury should see," Apple has petitioned the US District Court hearing its case against Samsung to impose a severe sanction on the South Korean smartphone maker for its stunt of releasing to the press (with an obvious intent of influencing the jury) evidence that was barred from the trial for being inaccurate.

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Judge: Samsung can't show Sony-like Apple iPhone prototype

07/30, 8:13pm

Latest in string of Samsung requests denied by judge

Samsung saw yet another procedural setback today at the opening of its trial against Apple in US District Court in San Francisco. An attempt by Samsung to frame an early iPhone prototype labeled "Jony" by Apple designers as copied from Sony -- thereby implying that stealing designs is okay if others do it also -- has been quashed. Samsung will not be permitted to present exhibits to the jury that allege Apple was inspired by Sony. Apple produced design documents from an earlier prototype also resembling the iPhone 4 design but without the Sony influence, demonstrating to the judge that the iPhone design process was done completely in-house.

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Apple versus Samsung jury to be told of evidence destruction

07/25, 8:52pm

Samsung email server automatically deletes emails after two weeks

Magistrate Judge Paul S. Grewal entered an order potentially complicating Samsung's legal battle against Apple in Judge Lucy Koh's court next week. The jury will receive a notification that informs them that Samsung failed to comply with its obligations to preserve e-mail evidence, and jurors may—but don't have to—presume that relevant evidence supporting Apple's claims was destroyed.

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Judge deals Samsung procedural blows in Apple hearing

07/19, 12:33am

Multiple issues addressed; Apple must further winnow issues

US District Court Judge Lucy Koh spend her afternoon dealing with some details of the upcoming Samsung and Apple intellectual property patent trial. In rulings that most favored Apple, Koh ruled that Steve Jobs' statements to his biographer were an "inadmissible distraction," and likewise limited discussion of Apple's Chinese manufacturing efforts to exclude any reports of human rights issues.

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Samsung wins expedited Galaxy Nexus injunction hearing

07/13, 10:10pm

Apple response terse, groups Samsung with pirates, counterfeiters

Samsung's request to expedite its appeal of the preliminary injunction against the Galaxy Nexus phone has been granted in the US Court of Appeals. Samsung has until July 16 to file its court brief starting the process. Apple has until July 30 to respond to Samsung's filing, with final comments due on August 6. Additionally, Apple's response to the temporary stay on the sales injunction of the Galaxy Nexus was accepted by the court on time, and will be considered.

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Appeals court finds bank liable for $588,000 ACH theft

07/06, 7:30pm

Security used 'commercially unreasonable,' didn't meet federal standards

The US Federal Court of Appeals for the First Circuit has reversed a lower court's decision, and found Ocean Bank (now People's United) at fault for a $588,000 "virtual robbery" in 2008 against Sandord, ME-based Patco Construction Company. Calling the bank's security systems "commercially unreasonable," the Boston-based appeals court returned some specific aspects back to the original court and judge for review, but is encouraging both parties to settle the matter out of court.

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Comcast handed victory in adult video 'John Doe' case

06/23, 10:04pm

Overbroad subpoenas quashed, civil case closed

As previously reported, Internet service provider Comcast attempted to quash "John Doe" subpoenas in an adult video pirating case. The company had argued that the case was about "shaking down" its customers and pushing for settlements out of the 264 potential infringers rather than any interest in actually stopping the piracy. The company has now been handed a victory in court, as Judge Gary Feinerman ruled that Comcast was not in contempt of court for ignoring subpoenas from four adult video companies. The civil case was also dismissed.

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Apple counter-sues HTC for FRAND, antitrust violations

06/22, 7:20pm

Similar to FRAND suits against Motorola, Samsung

Thursday afternoon, Apple filed a lawsuit charging antitrust claims and "fair, reasonable and non-discriminatory" (FRAND) abuse on standards-essential patents against rival smartphone maker HTC in a Virginia court. The counterclaim, which involves patents covering the "4G" LTE protocol, comes in the middle of an ITC investigation into Apple filed by HTC. The patents have been described by HTC itself as standards-essential in its complaint against Apple last summer, and claimed in court that Apple devices contain baseband chips that implement the LTE standard, thus proving the standards-essential nature of the HTC-held patent in question.

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Judge affirms Netflix subject to ADA guidelines

06/22, 6:40pm

Netflix argued online-only presence gave it an exemption

On Tuesday, US District Court Judge Michael Posnor decreed that Netflix and other public online services are subject to provisions of the Americans With Disabilities Act (ADA). This decision could require Internet-streamed media to include accommodations for the deaf or blind, such as captions or descriptive text. The judge wasn't hearing the case proper, but was ruling on a motion to dismiss by Netflix, who argued that it wasn't accountable to ADA guidance due to the streaming service's online-only presence.

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Motorola, Apple resume patent skirmish in Posner's court

06/20, 9:30pm

Judge: 'Great, that's all we need, new suits'

Judge Richard A. Posner heard the preliminary injunction arguments from both Apple and Motorola on why each should get an injunction against the other's infringing technology in his Chicago courtroom Wednesday morning. No ruling was offered -- the two-hour hearing was used to receive clarifications on briefs filed by Motorola and Apple since Posner resurrected the trial after dismissing it last week, but product sales injunctions seem unlikely.

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Ruling in Google versus Oracle: APIs are not copyrightable

05/31, 9:52pm

41-page brief first ruling of its kind

Further announcements have come from Judge William Alsup's courtroom in the Google versus Oracle case today. The judge has decreed programming APIs to be non-copyrightable. The ruling comes in accordance with existing copyright law declaring "a utilitarian and functional set of symbols, each to carry out a pre-assigned function" non-copyrightable under Section 102(b) of the Copyright Act. Alsup's court is the first court, district or appeals, to have specifically addressed the separate matter of API copyrightability, instead of the complete codebase copyrightability issue.

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Google files for mistrial in ongoing Oracle court saga [U]

05/09, 7:45pm

Oracle wants judge to rule on 'fair use' as a matter of law

[Update: judge denies Oracle motion, reduces Google liability] As expected, Google has petitioned Judge William Alsop for a mistrial following the jury's refusal to rule on a crucial matter in phase one of its trial versus Oracle. Near-simultaneously, Oracle filed its response to suggest that the judge rule on the "fair use" question that the jury couldn't agree on. Neither Google nor Oracle has responded to its counterpart's filing with the court.

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US District Court Judge - Megaupload trial may not happen

04/20, 10:15pm

Dotcom never legally served by the US

United States district court Judge Liam O'Grady declared today that Megaupload owner Kim Dotcom's trial may never happen, as criminal charges were never formally filed within or by the United States. Prior to shutdown, Megaupload was the world's biggest file repository on the internet, and was allegedly responsible for up to 4 percent of Internet traffic. Megaupload's headquarters and a Virginia data center were raided on January 19 of this year.

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Judge puts Psystar suit on track for January trial

07/13, 1:45pm

Apple lawsuit continues

Apple's licensing infringement lawsuit against Psystar is progressing again, with the trial now scheduled for January 11, 2010. The proceedings had been delayed due to Psystar's bankruptcy filing, which the company recently moved to drop after the Florida court decided the Apple suit would still be allowed to continue.

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Sandisk's write-once SD cards "lasts 100 years"

07/15, 7:25pm

Sandisk no-erase SD cards

Sandisk on Tuesday introduced the "WORM," or "Write Once Read Many" SD card for professional uses such as storing evidence in police investigations, court testimony, medical records and electronic voting. Sandisk claims original data written to WORM cards are "effectively locked" and there is "no physical way to alter or delete the files." If stored properly, the company claims, WORM SD cards have an archive live of up to 100 years.

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OTPP cleared to buy Bell Canada by Supreme Court

06/20, 8:50pm

OTPP cleared to buy Bell

The Supreme Court of Canada on Friday ruled that the $52 billion purchase of Bell Canada is valid, allowing the Canadian telecommunications firm to be owned by the Ontario Teachers' Pension Plan. CBC reports that BCE stock jumped almost 10-percent as a result, rising $3.35 to close at $37.45 in New York. The deal overturns a previous court decision in the Quebec Court of Appeals, who ruled that the company must consider interests of bondholders.

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Dish "disappointed" about Tivo ruling

04/11, 8:40pm

Ruling disappoints Dish

In response to the ruling against the Dish Network, the company writes that it is disappointed with the court's rejection for an appeal, but that it will not affect current or future customers. According to the note, EchoStar has already developed and deployed a new version of the DVR software to customers as an automatic download. Dish claims the new software does not infringe on patents held by Tivo Inc.

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Nuvio sues Garmin over 'Nuvifone'

02/27, 4:40pm

Nuvio sues Garmin

Nuvio today announced that is has filed a trademark infringement suit against Garmin International in the U.S. District Court of Kansas. Nuvio claims that Garmin's recently announced Nuvifone infringes upon a prior Nuvio tradmark that the company uses on phones as well as its own telephony services. Nuvio attempted to reach a "mutually satisfactory resolution" with Garmin, but no resolution was reached. That led to Nuvio filing a legal complaint against Garmin to protect its rights.

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Two Detroit funds sue Yahoo, want court intervention

02/22, 6:00pm

Yahoo sued, court action

Two Detroit-based pension funds sued Yahoo and its board today, the latest event in the escalating Microsoft-Yahoo buyout drama. Yahoo – who shocked investors by rejecting a $44.6 billion bid from Microsoft – frustrated the Detroit Police and Fire Retirement System, and General Retirement System organizations to the point where they are threatening litigation, because it is holding out on Microsoft's astounding offer, according to Reuters.

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