By Cody Lee on Jul 13, 2013
Here’s a fun little story for your Saturday afternoon. It appears that a Tennessee lawyer is suing Apple over—get this—pornography. Chris Sevier has filed a lawsuit against the Cupertino claiming it’s at fault for selling devices that grant him unrestricted access to porn on the internet.
In his 50-page complaint, the Vanderbilt law school grad holds that if the iPad-maker is in deed “concerned with the welfare of our Nation’s children, and furthering pro-American values” it should sell all of its devices in ‘safe mode,’ with software presets to filter out pornographic content… Read More
By Ed Sutherland on Jul 11, 2013
Although Apple said Wednesday it would appeal its loss in the Department of Justice’s ebook pricing conspiracy case, the consensus among legal eagles is: good luck, but bring your check book. In her ruling yesterday, U.S. District Court Judge Denise Cote described the iBooks maker as the ringleader in a conspiracy to undercut Amazon’s choke hold on the market for electronic books.
Apple’s loss yesterday means the company faces triple damages. Despite Cote’s wishes to assess damages soon, that phase could be delayed for months more as Apple asks an appeals court to overturn the ruling. But reversing the judge is likely an uphill battle as Apple seeks to do some PR damage control… Read More
By Ed Sutherland on Jul 10, 2013
A court Wednesday found Apple had conspired to increase the prices of e-books, setting a separate trial for damages.
In a 159-page decision, U.S. District Court Judge Denise Cote wrote that “Apple played a central role” in the conspiracy, which the company flatly denied.
The government has charged Apple with working with five publishers together to undercut Amazon’s control of the market. In response to the verdict, some watchers opined that the government playing so openly into the hand of a monopolist like Amazon may reduce competition… Read More
By Ed Sutherland on Jul 9, 2013
Apple and Amazon have taken off the gloves back in 2011, apparently deciding the ‘App Store’ name is big enough for both companies. An Oakland, California district court pulled the plug on the dispute at the request of the two app providers. The decision to walk away from just who owns the ‘App Store’ title follows Apple agreeing not to sue Amazon, according to a report this morning… Read More
By Christian Zibreg on Jul 8, 2013
With the September 2008 release of iTunes 8, Apple along with introducing a slew of new software features started upgrading resolution of movies and television shows sold on the iTunes Store to high-definition 720p. One Apple user has now taken the company to court over what in his view files as fraud, unjust enrichment and violation of consumer protection laws.
A Florida user took issue with iTunes movie downloads, alleging Apple tricked him into buying a pricier $4.99 high-definition version of the Big Daddy movie although his iPhone 3GS did not support playback of HD content. Claiming he was unaware an SD version was available for $3.99, he argues Apple should compensate the “millions” of owners of older hardware who paid a buck more to download HD versions of movies and TV shows… Read More
By Christian Zibreg on Jun 27, 2013
Apple’s plan to add Samsung’s flagship Galaxy S4 smartphone to its second California suit has just hit a major roadblock as U.S. Magistrate Judge Paul S. Grewal just denied Apple’s request on the ground that it would be a “a tax on the court’s resources”. A lawyer for Apple told the judge that excluding the Galaxy S4 “would require Apple to file a new lawsuit” because the Samsung products covered by the case will be out of date by trial next year, Bloomberg reported Thursday… Read More
By Christian Zibreg on Jun 25, 2013
The European Union six months ago launched a formal investigation into a potential breach of EU antitrust rules by Samsung. The antitrust investigation focused on the South Korean conglomerate’s handling of industry-essential patents that EU regulators insist should be licensed to others on fair, reasonable and non-discriminatory terms (FRAND).
The investigation determined that Samsung was abusing its patent portfolio by seeking high royalties it knew didn’t make business sense, just so it could later assert those patents against rivals such as Apple. ”Samsung has been involved in settlement discussions for several months now,” an unnamed source told Reuters on Tuesday. “Samsung wants to settle”… Read More
By Cody Lee on Jun 24, 2013
Apple began sending out emails to some iTunes users this weekend, informing them of how the approximately 23 million people that are a part of the in-app purchases class-action lawsuit can apply for compensation.
The settlement, which will cost Apple in excess of $100 million, stems from a class action lawsuit filed against Apple by parents who complained that it was far too easy for their children to make in-app purchases… Read More
By Cody Lee on Jun 21, 2013
On Friday, a Tokyo court found a number of Samsung’s legacy smartphone models to be guilty of infringing on one of Apple’s patents. More specifically, it’s the infamous ‘rubber banding’ patent, which Apple has used in a number of courtroom battles.
For those unfamiliar with the ‘rubber banding’ property, it covers the software action that triggers the bounce-back animation when a user reaches the end of a scrolling document. And the Japan court feels older Samsung handsets infringe upon it… Read More
By Cody Lee on Jun 19, 2013
Apple’s no stranger to being on the defendant side of patent infringement lawsuits. In addition to its ongoing court battle with Samsung, there are a number of smaller companies hoping to squeeze some money out of the tech giant via patent suits. And today, we’re adding another one to the list.
Texas-based Bluebonnet Telecommunications filed a lawsuit against Apple yesterday in an [surprise] Eastern District Texas courtroom, claiming that the call forwarding feature found in the company’s iPhone 4S and 5 handsets infringes on one of its patents it has owned for over a decade… Read More
By Cody Lee on Jun 17, 2013
Eddy Cue once again took the stand today in Apple’s ongoing antitrust case with the Department of Justice. The company’s SVP of Internet software and services took the stand on Friday to talk about Steve Jobs’ involvement in Apple’s iBooks project. And this morning, he offered up a few more details.
Cue spoke more candidly on the witness stand today, providing several interesting tidbits about Jobs’ participation in Apple’s iBooks launch back in 2010. Apparently, the then-CEO had a big hand in the project, doing everything from designing minor UI details to choosing which book to offer for free… Read More
By Ed Sutherland on Jun 14, 2013
So rarely do we see the complete dismantling of a witness in an otherwise dull tech trial. However, Apple’s defense lawyer last week dissected a Google executive’s claim of a conversation with publishers indicating Apple required they all sign on to an agency contract.
On the stand, Google’s Thomas Turvey admitted a direct conversation with the publishers he earlier told the court likely never happened.
Not only does the testimony from Google’s director of strategic partnerships make it appear the Apple rival is just out to get its competitor, but it throws a wet blanket on an antitrust case which up to yesterday was going the way of the Department of Justice.
However, the weighty issue of whether Apple’s e-book agency pricing model restricted competition was overshadowed by the legal showdown and witness meltdown… Read More
By Cody Lee on Jun 13, 2013
Apple’s ‘rubber banding’ patent has been under heavy scrutiny in recent months, invalidated twice by the US Patent Office. It used the patent, which pertains to a software feature that allows content to ‘bounce back’ during scrolling, in its big $1 billion victory over Samsung.
But good news today for the Cupertino company. The United States Patent and Trademark Office (or USPTO) has said it will issue a re-examination certificate that confirms the formerly invalidated invention, clearing up any doubts of the patent’s weight or validity… Read More
By Ed Sutherland on Jun 12, 2013
Under questioning by U.S. government lawyers, an Apple executive testified that the company owns about 20 percent of the U.S. e-book market – double the figure many observers had assumed.
The surprising percentage was revealed as the head of the company’s iBookstore service refuted government charges of conspiracy to set e-book prices.
During the sixth day of testimony in the Department of Justice’s lawsuit against Apple, company director Keith Moerer said iBookstore grabbed twenty percent of e-book sales soon after opening, a figure it continues to hold. Additionally, he said iBookstore sales increased 100 percent in 2012 with more than a hundred million customers… Read More
By Christian Zibreg on Jun 5, 2013
Apple’s legal fight against Samsung yesterday took a turn for the worse with the United States International Trade Comission (ITC) rather surprisingly having found the iPhone maker guilty of infringing on a 3G cellular patent asserted by Samsung. This means Apple is now facing a U.S. import ban on older iPhone and iPad models, including the iPhone 4, the iPhone 3GS and 3G iPads.
The ban should go into effect within 60 days unless vetoed by the White House during a Presidential Review period. In light of the development, Apple of course plans on appealing the ruling because Samsung’s invention is basically a standards-essential patent and as such shouldn’t be asserted against rivals to seek import bans… Read More
By Cody Lee on Jun 5, 2013
Earlier this year, sound engineering company THX filed a lawsuit against Apple alleging patent infringement. The studio, which was founded by Star Wars creator George Lucas, claims Apple is using its speaker technology in its iOS and Mac products without a license.
The iPad maker is, of course, no stranger to patent litigation. It just suffered a huge blow yesterday in its ongoing battle with Samsung, and it’s involved in countless other frivolous suits. So it’s no surprise that reports claim it’s trying to settle this complaint out of court… Read More
By Cody Lee on Jun 4, 2013
This is huge. The United States International Trade Commission just ordered a US import ban against older iPhones and iPads, after finding Apple guilty of infringing on a cellular standard-esential patent asserted by Samsung.
The ban, which encompasses a number of various iOS device models including the iPhone 4, the iPhone 3GS and 3G iPads, will go into effect within 60 days unless vetoed by the White House during a Presidential Review period… Read More
By Christian Zibreg on Jun 4, 2013
Yesterday, the Department of Justice (DoJ) publicized its antitrust case against Apple in the form of an 81-page slide deck to prove that the iPhone maker has teamed up with five major U.S. publishers to form a cartel in order to raise prices of digital books. But as Tim Cook said at the D11 conference, Apple is going to fight the “bizarre” case and has no intention to “sign something that says we did something that we didn’t do”.
And while the DoJ is arguing the facts, Apple is arguing the law and accusing the government of unfairly twisting Steve Jobs’s words pulled from Walter Isaacson’s bio book. Apple’s attorney Orin Snyder denied any conspiracy and argued that “publishers fought us tooth and nail”… Read More
By Christian Zibreg on Jun 3, 2013
As I reported earlier this morning, Apple today squared off with the United States Department of Justice (DoJ) in a Manhattan courtroom in a “bizzare” case (Tim Cook’s words, not mine) that some watchers say will set the rules for Internet commerce. Here’s what both sides emphasized in their opening statements, including an upcoming testimony by Apple’s Internet services lead Eddy Cue… Read More
By Christian Zibreg on Jun 3, 2013
As you know, the United States Department of Justice (DoJ) in April 2010 filed an antitrust lawsuit against Apple over allegations that it conspired with five major publishers to raise prices of e-books sold on the iBookstore in order to break Amazon’s monopoly. Now, DoJ previously called Apple a facilitator and said email messages from Steve Jobs prove its guilt. U.S. District Judge Denise Cote believes the government will prevail and Reuters reports this morning that Apple is scheduled to square off with the government in a Manhattan courtroom later today.
Apple, of course, maintains its innocence. So, why all the fuss? Read More