Legal

Google suffers setback preventing Apple from obtaining Android documentation

Christian Zibreg ∙ May 10, 2013

Earlier this week, we told you about Apple's complaint over Google's resistance to hand over parts of the Android source code documentation. Apple’s request is part of its ongoing California patent fight against Samsung. Bloomberg now reports that U.S. Magistrate Judge Paul S. Grewal ordered the Internet giant to disclose within two days what terms it’s using to find documents Apple has requested.

Despite Google's insistence that the collection of such information would be "too burdensome," the court also ordered that the search monster tell Apple "which Google employees those documents came from"...

Apple wins iBooks trademark case

Ed Sutherland ∙ May 9, 2013

A New York judge has thrown out a trademark lawsuit against Apple's iBooks service. A sci-fi and fantasy publisher had claimed Apple's use of the 'iBooks' mark would confuse consumers. In her ruling, U.S. District Judge Denise Cote wrote that Black Tower Press "offered no evidence" that consumers would misinterpret Apple's e-book service as a book publisher. In addition Cote said the publisher's image of a lightbulb emblazoned with the word 'iBooks' was distinctive enough to merit continuing the 2011 case...

Apple wants to take a peek inside Android source code

Christian Zibreg ∙ May 8, 2013

Apple's proxy fight against Google and its Android platform has just taken an interesting turn as the iPhone maker asked the court to force Google into turning over Android’s source code. The request is part of Apple's ongoing California patent fight against Samsung. Bloomberg reports today Apple is dissatisfied with Google's handling of the request.

According to Apple's lawyers, the search giant in “improperly withholding information” related to Android's source code documentation. Google's mobile operating system, Apple argues, “provides much of the accused functionality” and argues the Google platform is used in all of Samsung’s allegedly infringing products...

Samsung: injunction for Apple makes no sense, infringed products are outdated

Christian Zibreg ∙ May 3, 2013

Although a jury in August 2012 awarded the California firm $1 billion in damages after finding Samsung guilty of violating utility Apple patents related to the iPhone and iPad, Judge Lucy Koh is still unimpressed. Having determined in January that the Galaxy maker did not "willfully" infringe on Apple’s patents, two months later she announced a decrease of the $1.05 billion verdict by $450 million.

Friday came word that Samsung argued in court documents that any permanent injunction in the United States against the infringing products "would not stop any ongoing infringement." And why's that? Because the Galaxy maker has either "discontinued the accused products or designed around any infringing features in the ones it still sells"...

No iOS VPN changes on already shipped devices

Christian Zibreg ∙ April 26, 2013

On April 5, Apple acknowledged via a support document that it “will be changing the behavior of VPN On Demand for iOS devices using iOS 6.1 and later” due to a lawsuit by patent holding firm VirnetX file against Apple in November 2011. VPN technology, which stands for Virtual Private Networking, extends corporate networks securely across public networks like the Internet, allowing users to access a private network as if they were directly connected to it.

Apple originally planned to remove the 'Always' configuration option for VPN On Demand with the 'Establish if needed' option. The revised document specifically mentions Apple will not be changing the VPN behavior on "devices that have already been shipped"...

Apple loses three copyright infringement cases in China

Christian Zibreg ∙ Updated January 26, 2016

Apple has lost three copyright infringement cases in China as No.2 Intermediate People's Court ruled Tuesday that the iPhone maker's App Store infringed on the copyrights owned by Beijing-based Motie Press and Chinese writers Mai Jia and Yu Zhuo.

As part of the ruling, Apple was ordered to pay damages of CNY 520,000, or approximately $141,563 to Motie Press, in addition to CNY 200,000 (about $54,447) to Mai Jia and CNY 10,000 (about $2,722) to Yu Zhuo...

ITC drops Motorola’s complaint against Apple over proximity sensor patent

Christian Zibreg ∙ April 23, 2013

Apple's patent troubles with the struggling handset maker has largely been viewed as a proxy fight with Google, which acquired Motorola Mobility along with its vast patent portfolio in August 2011 for $12.5 billion. Two and a half years ago Motorola asserted its proximity sensor patent against Apple. Monday, the U.S. International Trade Commission (ITC) threw Motorola's complaint out of the window, invalidating Motorola's patent because it's too obvious. That's good news for Apple as Google was hoping to leverage that patent to seek an import ban against iPhones...

Apple to pay $53 million in iPhone warranty class-action settlement

Ed Sutherland ∙ April 12, 2013

Have you been frustrated by Apple's repair or replacement policy? You could be in for some cash, according to a Friday report.

The iPhone maker supposedly has signed a settlement deal worth $53 million ending a class action lawsuit that claimed Apple dragged its feet on honoring warranties for the iPhone and iPod touch.

The settlement, reportedly signed Wednesday by Apple's head litigation attorney, could affect "hundreds of thousands" of iPhone, iPhone 3G and iPhone 3GS owners, as well as people who bought the first three generations of the iPod touch media player...

iWallet is indeed coming, Apple’s newly published transaction patent suggests

Christian Zibreg ∙ Updated January 26, 2016

Apple thus far has filed for a number of patents related to mobile payments, all seemingly pointing to a unified mobile payments solution dubbed iWallet. The most recent filing details a new transaction patent which goes to great lengths highlighting methods for conducting and managing financial transactions on smartphones such as the iPhone, giving hope that Apple engineers could in fact be secretly developing an on-the-go financial transactions service aimed at owners of iOS devices.

Titled "A method for conducting a financial transaction," it focuses on Apple's previous iWallet patent claims, with one publication suggesting that Apple could now be one step closer to launching a mobile payments solution on iOS devices, uite possibly based on NFC technology, which stands for Near-Field Communications...

Apple wins court order blocking class action in anti-poaching lawsuit

Christian Zibreg ∙ April 7, 2013

Apple, along with Google and five other Silicon Valley technology heavy-weights, has won a court order blocking a potentially devastating class-action antitrust lawsuit concerning alleged anti-poaching conspiracy.

Bloomberg reported that U.S. District Judge Lucy Koh Friday denied class action certification over accusations that said companies illegally conspired not to recruit one another’s employees, which the plaintiffs said resulted in their incomes being held down by their employers...

Upcoming firmware update to force VPN behavior changes over VirnetX patent loss

Christian Zibreg ∙ April 5, 2013

VirnetX, a patent holding firm with an impressive intellectual property portfolio, in November 2011 sued Apple over a breach of a collection of its network patents, originally seeking north of $900 million in damages. A year later, in November 2012, a federal jury in a Texas court ordered the iPhone maker to pay $368.2 million in damages.

The two parties later worked out a royalty agreement that should be decided upon on April 12, but as a result of the damages awarded to VirnetX, Apple today has acknowledged via a support document that it "will be changing the behavior of VPN On Demand for iOS devices using iOS 6.1 and later"...

Apple’s EarPods trademark challenged by HearPod maker Randolph Divisions

Ed Sutherland ∙ April 2, 2013

When you have a few hundred million in walking around money and are worth more than any company on the planet, you become a magnet for lawsuits. That's the lesson Apple is learning as the iPhone maker fields increasing numbers of trademark infringement legal cases.

The latest: a hearing aid maker claims Apple's EarPods sounds just too much like its HearPod. Randolph Divisions filed the lawsuit against Apple in Hawaii District Court. According to the company, it registered the 'HearPod' trademark in 2007, years before the smartphone maker unveiled in 2012 its EarPods for the iPhone 5. Win or lose, at least Apple's legal team gets a trip to Honolulu to argue the case...