Samsung appeal against Apple’s $930M award for patent infringement begins today

Men are silhouetted against a video screen with Apple and Samsung logos as he poses with Samsung S3 and Samsung S4 smartphones in this photo illustration taken in the central Bosnian town of Zenica

The latest court battle between Apple and Samsung begins today, with Samsung appealing against the $930M it was ordered to pay Apple for patent infringement in the first trial between the two companies. Samsung is arguing that the amount awarded was “excessive and unwarranted.”

It’s of course not the first time that the sum awarded has been disputed. Apple was initially awarded $1B in damages, with $450M of that later cut and a retrial required to determine a revised sum. The retrial awarded Apple $290M instead for that element of the case, giving Apple a revised total award of $930M …  Read more

USPTO rejects parts of Apple’s auto-correct patent, $119M payout by Samsung likely to be reduced

autocorrect

In a new twist to the second Apple vs Samsung patent trial, the United States Patent and Trademark Office has rejected the specific part of Apple’s auto-correct patent that Samsung was said to have infringed, reports FOSS Patents. This effectively means that Samsung was ruled to have infringed a patent that is no longer valid.

The trial found that Samsung infringed three of the five patents Apple claimed, including a specific element of its auto-correct patent which described a particular method of offering corrections or completions. Samsung had unsuccessfully argued at trial that this approach had been used by others before Apple, and therefore could not be patented. The court rejected this argument, but the USPTO has now agreed with Samsung …  Read more

Apple in Shanghai court over Siri speech recognition patent infringement claims

Siri promo video (text message reply 001)AFP reported Apple is in court in Shanghai, China again today, but this time it’s over a lawsuit alleging the company copied components of Siri’s speech recognition software. According to the report, Shanghai-based Zhizhen Network Technology Co. claimed in pretrial proceedings that Apple infringed its patent related to voice recognition technology via Siri. While the suit notes that development of Siri began in 2007, there is no mention of Nuance. Apple currently partners Nuance with to implement the speech recognition component in Siri, and it is also a market leader that presumably has its own arsenal of speech recognition related patents.

Zhizhen says it patented its “Xiao i Robot” software in 2004, while Apple’s Siri, which made its debut with the release of the iPhone 4S in 2011, was first developed in 2007.

“The company will ask Apple to stop manufacturing and selling products using its patent rights, once Apple’s infringement is confirmed,” Si Weijiang, a lawyer representing Zhizhen, told AFP.

“We don’t exclude the possibility of demanding compensation in the future,” he added.

The company is behind Siri-like software called ‘Xiao i Robot’ that it claimed was first developed before Siri in 2004. The technology is apparently available on some smart TVs and enterprise applications, but it doesn’t appear to be available as a consumer-facing app for smartphones or tablets. The video below appeared online when the company originally filed suit against Apple last year, and it shows the Xiao i Robot software running on a Lenovo smartphone:

Patent troll Personal Audio LLC sues iTunes’ top podcaster Adam Carolla’s Ace Broadcasting

Adam_Carolla_Pictures

In July 2011, a federal jury in Texas awarded “patent licensing company” Personal Audio LLC $8 million in its patent infringement lawsuit against Apple. The jury found Apple infringed two valid patents related to downloadable playlists with its iOS devices as far back as the original iPod. One covered an “audio program player including a dynamic program selection controller,” while the other covered an “audio program distribution and playback system.” 9to5Mac has now learned Personal Audio LLC is attempting to target content creators directly, starting with a new patent infringement case in Texas against one of iTunes biggest podcasters, Adam Carolla’s Ace Broadcasting.

If the outcome of the case is anything like Personal Audio’s previous cases, it could have a major impact on podcasters and other content creators on iTunes and elsewhere. Personal Audio also sued and entered licensing agreements with Sirius XM Radio, Archos, Coby, RIM, Samsung, Amazon, and Motorola related to its downloadable playlist patents and others.

The new patent, issued just last year on Feb. 7, 2012, is quite broad and describes a “System for Disseminating Media Content Representing Episodes in a Serialized Sequence.” Personal Audio is also suing the popular Howstuffworks.com series, which like Ace Broadcasting, is a large podcasting presence on iTunes and across the web…

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HTC fights ‘slide-to-unlock’ in London as Samsung continues patent war with Apple ahead of settlement talks

With court moderated settlement talks between Apple and Samsung executives set to take place within the next 90 days, Samsung has now filed a counterclaim in a California federal court alleging Apple’s iOS devices are infringing eight patents. The counterclaim is part of an original patent infringement lawsuit initiated by Apple in February. Foss Patents reported:

It comes as no surprise that Samsung retaliated with infringement claims. Samsung owns roughly 30,000 U.S. patents. It has from the outset of its dispute with Apple demonstrated its belief that a good offense is the best defense. So far, none of Samsung’s infringement claims against Apple has succeeded anywhere on Earth, despite efforts in nine different countries, but Samsung keeps on fighting.

Apple is also in the middle of patent infringement cases with HTC, which just told a court in London that its touchscreen devices, specifically its “slide-to-unlock” functionality, do not infringe on Apple’s patents. Bloomberg reported today that HTC’s lawyers described the functionality in question as “extremely simple implementations of commonly known techniques.” Apple’s lawyer Simon Thorley argued HTC is “attacking the validity of four patents” and claimed, “It is clear the inventions make the requisite contributions.”

If HTC is successful, it could have an impact in ongoing patent infringement related cases with Apple in Dutch and German courts. The report described the functionality Apple claims is covered in the patents:

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Did Motorola just win an injunction barring Apple from selling mobile products in Germany?

Florian Mueller isn’t a patent attorney but he plays one on his blog FOSSPatents.  For better or worse, he’s often quoted in the ongoing mobile technology patent battles where the winner is often Apple.  He’s also German so he probably understands this new, disturbing ruling a lot better than us (Our German is “rostig”)

Apple knows what it’s like to win injunctions against rivals. It won four of them against Samsung (two in Germany, one in the Netherlands and most recently one in Australia; all of them preliminary). Now it seems that Apple has just come out on the losing end of a patent infringement lawsuit. I have received a copy of what purports to be a default judgment by the Mannheim Regional Court barring Apple from selling in Germany — the single largest market in Europe — any mobile devices infringing on two Motorola Mobility patents and determining that Apple owes Motorola Mobility damages for past infringement since April 19, 2003.

If true, this would be a Hindenburg-sized backfire for Apple’s legal efforts in Europe.

The two patents and their US equivalents, Statements from Apple and Motorola and an update from Mueller below: Read more

Obama could override ITC in any device import blocks by Apple or Google

Didn’t know this:

But another peculiarity of the ITC is that its rulings can be waived by the president. Verizon thinks it would be great if President Obama, in a blanket statement, made clear he would not let stand any decision blocking importation of consumer wireless devices. The parties then would have to recur to normal patent litigation, and whatever rights and wrongs are discovered could be settled by exchanges of cash. Mobile is a rare industry exhibiting growth, job creation and animal spirits. Who needs a paralyzing meltdown?

It will be interesting to see if the President will override if Apple wins any of the blockades it is seeking against Android devices in the ITC.  IF he does, Apple/Google/Microsoft/whoever will have to go through the longer patent dispute process.

Both iPhones and Android devices could be blocked by pending ITC rulings.

Some background: Read more

Apple makes statement on Lodsys patent claims, says developers are covered under its license

Apple has finally made a public statement on the Lodsys matter.  According to the Loop, Apple says that Lodsys has no claim to patent infringement because Apple has already purchased indemnity from Lodsys.

“Apple is undisputedly licensed to these patents and the App Makers are protected by that license,” wrote Bruce Sewell, Apple Senior Vice President and General Counsel.

While it is good to hear Apple finally come out with a statement on the matter, it doesn’t seem like the end of this case for everyone involved.  Interestingly, we’ve been hearing that Apple is offering to help protect indy developers with representation against Lodsys.

In fact, it wouldn’t surprise me if Apple and Lodsys haven’t been negotiating behind the scenes for a long time now.  Lodsys probably only went to indy developers when Apple decided it didn’t owe Lodsys any more money and negotiations broke off.

Full text of the email to Lodsys (via Macworld) below:

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