injunction Stories February 5, 2015

Typo ordered to pay BlackBerry $860k for selling its knockoff iPhone keyboard case

Typo, the Ryan Seacrest-backed company selling an iPhone case with an integrated hardware keyboard, has been ordered to pay BlackBerry around $860,600 in the ongoing case between the two companies, Reuters reports

If you’re unfamiliar, BlackBerry didn’t particularly like the Typo keyboard’s resemblance to its own iconic, albeit obsolete, keyboard included on its dwindling smartphone lineup and covered by its patents. After the court handed down an injunction following an original suit filed in January of 2014, a US District Judge in San Francisco ruled this week that Typo will have to pay the £567,303, or approximately $860,600, fine for violating the injunction and continuing to sell the product.

Despite little interest from anyone and generally poor reviews, Typo plans to keep making its keyboard cases and noted to Reuters that the fines do not relate to its latest generation of Typo 2 products unveiled at CES last month.

injunction Stories September 2, 2014

Future patent battles could be fun as Apple patents Samsung Air Command style menus …

Future patent battles between Apple and Samsung could take an entertaining turn as Apple has been granted a patent on radial menus for touchscreen devices – using an illustration that bears a notable resemblance to the Air Command menu used by Samsung on the Galaxy Note 3.

Lest anyone accuse Apple of copying Samsung, Apple first patented the menu approach back in 2012 – a year before Samsung adopted it. The reason for the second patent granted today is that Apple seemingly had in mind OS X rather than iOS when it first came up with the idea, illustrating it in a desktop environment.

The second patent specifically references using the menu based on “input from a touchscreen.”

As ever, the fact that Apple has patented something provides no evidence at all that it will ever see the light of day in an Apple product – OS X or iOS. Apple plays around with all kinds of ideas and patents thousands of them, only a tiny minority of which are ever used.

With Apple possessing a patent for a particular menu approach used by Samsung, but patenting touchscreen application of the approach after Samsung launched it in a tablet, the legal arguments could get interesting should the matter ever end up in court …

Via GigaOM

injunction Stories June 24, 2014

Men pose with Samsung Galaxy S3 and iPhone 4 smartphones in photo illustration in Zenica

Samsung, together with its lawyers, will have to fork out a little more cash following its loss in its second patent battle with Apple. A court has fined lawyers Quinn Emanuel and Samsung a total of $2M for misusing confidential details of a patent deal struck between Apple and Nokia.

The documents were supplied by Apple to Samsung’s lawyers purely so that it could see that Apple was telling the truth about its patent deals with other companies. The documents were marked “for attorney’s eyes only” and were not to be revealed to Samsung executives …  expand full story

injunction Stories March 6, 2014

Judge denies Apple injunction for patent infringements by Samsung, sets worrying precedent

I know, your eyes are probably glazing over by now at yet another Apple v. Samsung patent story. It seems scarcely a week goes by without one of the two companies winning a point, losing a point, filing an appeal, winning an appeal, losing an appeal or applying for some kind of court order. And if you were losing count, the latest news reported by FOSS Patents that a California court has rejected Apple’s application for an injunction against Samsung still relates to the original patent battle between the two companies which began back in 2011.

Apple was originally awarded almost a billion dollars in damages for patent infringements by Samsung. Apple had argued that monetary damages were insufficient, and that the court should also have ordered that the infringing products be withdrawn from sale … 

injunction Stories May 6, 2013

European-CommissionAs if we needed someone to tell us that the ongoing patent lawsuits between Apple and Motorola in Germany were getting a little out of control… Today the European Commission has finally stepped up calling Motorola’s enforcement of an injunction against Apple with mobile standard essential patents “abuse of a dominant position prohibited by EU antitrust rules.” The EU Commission, however, does note that the statement of objections sent to Motorola does not reflect the final outcome of its investigation into its use of standard essential patents (SEPs):

The Motorola Mobility SEPs in question relate to the European Telecommunications Standardisation Institute’s (ETSI) GPRS standard, part of the GSM standard, which is a key industry standard for mobile and wireless communications. When this standard was adopted in Europe, Motorola Mobility gave a commitment that it would license the patents which it had declared essential to the standard on FRAND terms. Nevertheless, Motorola Mobility sought an injunction against Apple in Germany on the basis of a GPRS SEP and, after the injunction was granted, went on to enforce it, even when Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court.

The EU Commission essentially states that Apple should be able to license the technology under fair, reasonable and non-discriminatory terms decided by a third-party, and that Motorola’s approach with its latest injunction could “distort licensing negotiations and impose unjustified licensing terms.” Back in February of 2012, Apple was for a short while forced to remove all 3G devices from its online store in Germany following the injunction, and at the time Apple noted that “Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.” expand full story

injunction Stories March 7, 2013

Nokia submits amicus brief in support of Apple’s bid to block sale of Samsung products

According to a report from Reuters, Nokia has this week become the first company to submit an amicus brief in support of Apple’s attempt to secure injunctions on several Samsung products. While the full contents of the brief have not yet been revealed, Reuters reports Nokia argued its position in a summary of the brief that was filed with the U.S. Court of Appeals for the Federal Circuit in Washington on Monday.

In an accompanying summary, however, Nokia argued that a trial court judge got it wrong when she denied Apple’s request for a permanent injunction.

In the filing on Monday, Nokia attorney Keith Broyles from Alston & Bird argued that U.S. District Judge Lucy Koh in San Jose, California, erred by ruling that Apple must establish a “causal nexus” between its patented feature and the demand for its phones in order to secure a permanent injunction.

Nokia argued that the rule “could cause wide-ranging damage to the United States patent protection landscape.”

Companies and advocacy groups will still be able to submit briefs on behalf of Samsung after the company’s written arguments in the coming weeks. Nokia said its decision to submit the brief is to “advocate for patent rights as a means of fostering innovation.” 

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