Legal Archive

US Court Almost Gets It

The United States Court of Appeals for the Federal Circuit just rejected a patent essentially on the basis that the method used was mathematics. Hooray, they finally almost understood this point, but then they blotted their copybook by seeming to say that it would be OK to patent if the mathematics is hard. Oh dear. Well, baby steps I suppose.

Apple Also Manipulated Evidence in Dutch Apple v Samsung Case

After revealing that Apple tampered with evidence in the German case against the Samsung Galaxy Tab 10.1, WebWereld.nl has now revealed that Apple has also tampered with the evidence in the Dutch court case (coverage in English). Apple has manipulated the image of a Samsung Galaxy S in a side-by-side comparison with the iPhone 3GS. The Galaxy S has been shortened and made narrower so that its dimensions match those of the 3GS. This piece of evidence is the only side-by-side comparison of these two devices, and is part of the summons, which, according to a Dutch lawyer, means that Apple considers it to be of special significance. Just goes to show, once more, how far Apple is willing to go to stifle competition through the legal system - lying, cheating, manipulating. What a classy, premium company, that Apple!

Apple Seeks Ban on All Galaxy Smartphones, Tablets in EU

"In its case against Samsung Electronics in the Netherlands, Apple is demanding an extensive ban on all Galaxy series smartphones and tablets, including a complete recall of stock by European distributors and resellers. Apple's complaint against Samsung in The Hague district court is much more comprehensive than previously thought. It's not only broader in its legal scope than a separate, ongoing Apple complaint against Samsung in Germany, but an injunction could have a 'huge impact' on the entire European market for smartphones and tablets, according to Alastair Edwards, principal analyst at Canalys." That's how far Apple is willing to go. They are willing to screw over countless resellers - some big, some small, one-shop affairs - because they don't like competition. I wonder how the Grubers of this world are going to spin this one. Hey Steve, I've got another extremely successful Android phone maker for you to sue.

Apple Tampered with Evidence in German Apple v Samsung Case

Dutch news website WebWereld.nl investigated the claim that Apple supplied the German court with tampered evidence, and their research is pretty self-explanatory. I don't have the time to translate the article for you, but the images speak about ten thousands words; Apple has changed the aspect ratio of the Galaxy Tab 10.1 in a side-by-side comparison (while also showing Android's application drawer open instead of showing the home screen, but the article doesn't mention that). Come on, Apple. Update: As Gusar notes, Apple also Photoshopped the Samsung logo off the bezel. Real classy, Apple.

Apple v. Samsung in The Netherlands, Day 2

Day 2 is underway in the Apple v. Samsung case in The Netherlands, a microcosm of what would have happened in Germany, had Germany implemented the concept of due process. Most interesting bit so far? Samsung is using the Knight Ridder tablet from 1994 as a case of prior art. I was unaware of this device, but be sure to watch the video - this is an iPad. Amazing. This doesn't actually surprise me though - my father worked at a large newspaper company his entire life until he retired a few years ago, and in the early '90s, he already attended demonstrations of devices like this, taking home promotional material that amazed my child brain. This was supposed to be the future of newspapers, until development on these kinds of devices suddenly halted - my father never understood why. Update: Forgot to mention that like yesterday, Andreas Udo de Haes, editor at WebWereld.nl, present in the court room, is covering this. This time, in English. Update II: Samsung has presented 20 cases of prior art for both tablets and smartphones. Update III: I'm liking Samsung's lawyers.

The Community Design: …and you Thought the USPTO Was Bad

Earlier this week, we were introduced to a new concept in intellectual property law: the European 'Community Design'. The Community Design is a sort of trademark on design, and sits halfway between a trademark and a patent. I decided to investigate what, exactly, the laws and regulations around Community Designs are, and what I found was shocking. Think the USPTO is bad? Wait until you learn about the Community Design.

Apple, Publishers Conspired Against Amazon, Says Lawsuit

"'Terrified' by Amazon's Kindle e-reader and discounted e-book pricing, five major publishers allegedly acted together to increase e-book prices and compel Amazon to abandon its discount sales strategy. That's the gist of a new class action antitrust lawsuit filed in the US District Court for the Northern District of California by the Hagens Berman litigation group. The five book sellers named in the suit are HarperCollins, Hachette Book Group, Macmillan, Penguin Group Inc., and Simon & Schuster Inc, plus one more defendant: Apple. 'Fortunately for the publishers, they had a co-conspirator as terrified as they were over Amazon's popularity and pricing structure, and that was Apple,' charges Hagen Berman attorney Steve Berman. 'We intend to prove that Apple needed a way to neutralize Amazon's Kindle before its popularity could challenge the upcoming introduction of the iPad, a device Apple intended to compete as an e-reader.'" I'm starting to see a pattern here.

Samsung Accuses Apple of Photoshopping Evidence

Okay, the court case between Apple and Samsung started in The Netherlands today, over Samsung's various Android devices. The day has been pretty uneventful - up until just now. Andreas Udo de Haes, editor at WebWereld.nl, present in the court room, just tweeted that Samsung is accusing Apple of 'tampering' with the evidence - they claim it has been Photoshopped. The story is ongoing, more sure to follow. Update: The tampering of photos will be fully covered tomorrow. Update II: The general gist is that Apple supposedly manipulated photos of the iPad and Galaxy Tab to make the similarities stand out. This is a pretty harsh claim, I'm dying to see the evidence Samsung has for this one.

Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

Okay, I didn't see this one coming. German press agency dpa is reporting that Apple has been granted a preliminary injunction barring Samsung's Galaxy Tab 10.1 from being distributed in the entire European Union except for The Netherlands, over a design patent. Competition at its finest, people, and this is clearly in the interest of consumers. I'm ashamed to be European. Updates in the article now. This iterative update process isn't really working when you've got a gazillion of them.

Galaxy Tab 10.1 To Be Sold in Australia After All

Yesterday, the web was ablaze about how the Samsung Galaxy Tab 10.1 wouldn't be sold in Australia due the patent dispute between Apple and Samsung. Turns out the story was blown out of proportion. Official statement from Samsung explains it all: "Apple Inc. filed a complaint with the Federal Court of Australia involving a Samsung GALAXY Tab 10.1 variant that Samsung Electronics had no plans of selling in Australia. No injunction was issued by the court and the parties in the case reached a mutual agreement which stipulates that the variant in question will not be sold in Australia. A Samsung GALAXY Tab 10.1 for the Australian market will be released in the near future. This undertaking does not affect any other Samsung smartphone or tablet available in the Australian market or other countries. Samsung will continue to actively defend and protect our intellectual property to ensure our continued innovation and growth in the mobile communication business."

Apple Patent Suit Puts Samsung Tablet Sales in Australia on Hold

"Apple won an agreement from Samsung that the South Korean company won't sell the newest version of its tablet computer in Australia until a patent lawsuit in the country is resolved. sought an Australian injunction and also wants to stop Samsung from selling the tablet in other countries, Burley said without specifying where. Samsung agreed to stop advertising the Galaxy Tab 10.1 in Australia and not to sell the device until it wins court approval or the lawsuit is resolved, according to an accord reached by lawyers during a break in the hearing. Should Apple lose its patent infringement lawsuit, it agreed to pay Samsung damages, which weren't specified." Free market and competition at work, my friends!

Lodsys Angry About Angry Birds

"If you thought Lodsys was done making a spectacle of itself and dragging app developers to court, you were sorely mistaken. The king of the patent trolls has amended its original complaint against mobile devs, removing one company, but adding five new ones - all of them big names. Rovio, Electronic Arts, Square Enix, Atari, and Take-Two Interactive have been added to the list of defendants in the suit filed back in May." All part of the patent system Apple, Microsoft, Oracle, and IBM fight to maintain.

Internet Activist Charged in MIT Data Theft

"Aaron Swartz, a 24-year-old programmer and online political activist, has been indicted in Boston on charges that he stole more than four million documents from the Massachusetts Institute of Technology and JSTOR, an archive of scientific journals and academic papers." The weird part? JSTOR dropped all claims against him, because "they've suffered no loss or damage, and asked the government not to prosecute". Weird.

App Devs Withdraw from US as Patent Fears Reach ‘Tipping Point’

"App developers are withdrawing their products for sale from the US versions of Apple's App Store and Google's Android Market for fear of being sued by companies which own software patents - just as a Mumbai-based company has made a wide-ranging claim against Microsoft, Apple, Google, Yahoo and a number of other companies over Twitter-style feeds, for which it claims it has applied for a patent."

ITC Judge Rules HTC Infringes Two Apple Software Patents

If you can't compete, litigate. Not entirely unsurprisingly, the US ITC has sided with a US company against a Taiwanese competitor - the US International Trade Commission judge has ruled that out of ten patents Apple brought into its suit against HTC, the Taiwanese smartphone pioneer is infringing upon two. The ruling has to be reviewed by a panel of six, but if they agree, then some HTC devices may be banned from the US market - unless HTC and Apple can come to a settlement. We also know which two patents - and yes, they're software patents, of course.