Apple in court: iPhone data collection, Samsung/iPad patent case, & double iTunes billing

Jordan Kahn

When we reported on Apple’s courtroom woes in March, we told you lawmakers were sending letters to iOS devs (Apple included) and questioning them on their privacy policies about how apps access contact data without explicit user permission. Despite promises, Apple has yet to carry out an update requiring apps to ask for user-approval, but an earlier case over the collection of user data has been given the green light by U.S. District Judge Lucy Koh in California. Reuters reported the lawyers representing customers in the case claimed in court today that Apple “collected data on customers’ geographical locations even after users said they didn’t want to share the information.” The judge is asking Apple to submit relevant documents to the plaintiffs by May 17.

In other courtroom news, ComputerWorld reported this week that Judge Koh ordered Apple and Samsung to “streamline” its patent claims ahead of a trial set for July 30. According to the report, the companies have already cut back the claims included in the case to 37 products, 16 patents, six trademark, five trade dress claims, and an antitrust suit, but Judge Koh said the extent of the case is “cruel and unusual punishment to a jury.” If Apple and Samsung do not agree to reduce the set of claims, the trial could be postponed until next year. The news comes after the companies agreed with Koh to have their CEOs meet for settlement talks related to the patent cases on May 21-22.

Justia.com reported this week that Apple is facing a class-action lawsuit over claims that iTunes is continually double billing a customer for downloads of a song. Apple apparently refuses to refund some customers for these double billing incidents, citing its Terms of Service. A copy of the lawsuit and more information on the class action is here.

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Man sues Apple over ribbed Smart Cover, makes case for throwing out patent system

Jordan Kahn

Apple is being sued by a man in Colorado over claims that the company’s $39 iPad Smart Covers violate a “Portable Computer Case” patent originally filed in 2003 and issued in 2005. PaidContent obtained a copy of the lawsuit.

The United States patent in question is 6,977,809. A Colorado man owns it, Jerald Bovino, who is seeking royalties for sales of Smart Covers’ using his invention. An excerpt from the patent seems to describe functionality that is quite similar to Apple’s Smart Covers—at least the ribbed design:

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

Jordan Kahn

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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Twitter announces IPA to support engineers, also calms ‘Pull-to-Refresh’ patent poachers

E. Betters

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Engineer support (almost) never tasted so good. 

Twitter just announced a little agreement that subsequently guarantees it would never pursue other companies that poach its “pull-to-refresh” patented feature, which is duplicated across a slue of iOS and Android applications.

 

The micro blogging service unveiled the “Innovator’s Patent Agreement” today that assures the world it will not use its patents against competitors, while allowing engineers to keep control over their patents.

“The IPA is a new way to do patent assignment that keeps control in the hands of engineers and designers. It is a commitment from Twitter to our employees that patents can only be used for defensive purposes. We will not use the patents from employees’ inventions in offensive litigation without their permission. What’s more, this control flows with the patents, so if we sold them to others, they could only use them as the inventor intended,” explained Twitter in a bog post.

The IPA will affect every patent issued to Twitter engineers in the past and going forward:

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German judge upholds ban on Apple push email, Apple must pay damages to Motorola Mobility

Seth Weintraub

Apple suffered a significant blow in the ongoing patent battles with Android competitors today when a Mannheim regional court in Germany ruled against an Apple appeal.

The court backed an earlier decision that banned Apple from offering the service for synchronizing emails on Apple’s mobile devices that use iCloud.

The court said Apple must pay damages to Motorola Mobility, but didn’t specify the amount.

The judge adjourned a decision on mobile communication standards, which Motorola Mobility regards as standard-essential. He didn’t say when the court will rule on this patent case.

Thermonuclear. Read more

Future MacBooks could have this surround sound speaker system

Jordan Kahn

According to an Apple patent application published by the United States Patent & Trademark Office and detailed by PatentlyApple, Apple is working to implement audio transducers in combination with multiple speakers to enable surround sound configurations on MacBook-like devices. Apple’s focus of the patent appears to be improving audio in mobile devices as speakers decrease in size to accommodate smaller and thinner form factors.

As detailed in the image to the right, one embodiment of the invention shows the use of several speakers and an audio transducer integrated into the bezel and enclosure of a MacBook. These configurations would allow, for example, the speakers embedded next to the display to handle high range frequencies, while the lower speakers would handle mid-range and the audio transducer the low-range. Additional speaker enclosures could be added to enable 3.1 or 4.1 surround sound configurations. Apple also stated the audio transducer could provide both low and mid-range frequencies, “essentially performing as a “subtweeter” for frequency ranges from 20-500 Hz and 500-1500 Hz. The report explained:

 
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