law - 3/4 - Android Police - Android News, Apps, Games, Phones, Tablets

Aug

HTC Sues Apple For, You Guessed It, Patent Infringement

Posted by David Ruddock in Android OS, News

After Apple decided to sue HTC last month in Delaware for patent infringement, it seems the handset maker is preparing to put on a little bit of high-profile litigation of its own.

This morning, HTC filed a claim in the U.S. District Court in Delaware alleging three counts of patent infringement against Apple, seeking all the typical damages bells and whistles that makes it sound like the world as we know it is at stake. The lawsuit is a typical response in high-tech IP infringement cases, where both parties "posture" and square off to see who has the more robust patent portfolio.

Aug

Injunction Banning Sale Of Galaxy Tab 10.1 In EU Temporarily Lifted Due To Jurisdiction Concerns

Posted by David Ruddock in Android OS, Galaxy Tab 10.1, News, Samsung

This morning, as part of the ongoing Samsung v Apple patent litigation, the German court responsible for imposing a ban on Galaxy Tab 10.1 sales in the EU has backpedaled, temporarily lifting the injunction enjoining Samsung from distributing its flagship tablet in the European Union.

Why? It appears the German court decided that it may lack the authority to enjoin Samsung's Korean parent corporation under the EU's regulations regarding international jurisdiction. Long story short, Samsung Korea can sell all the Tab 10.1's in Europe that it wants, for now, except in Germany. Samsung Germany, however, cannot sell anywhere in the EU (this part of the injunction remains enforced).

Aug

Google Takes First Baby Steps In The Fight Against Lodsys

Posted by Aaron Gingrich in News

Lately, it seems like news about patent lawsuits and bullying is worse than most Hollywood gossip. Frankly, most of the suits are about as justified as Hollywood gossip, if not less. Nevertheless, there are bright spots - such as when the big dogs step up alongside developers to help fight back the patent trolls. Such happened yesterday, when it was revealed that Google has joined Apple in the fight against patent troll Lodsys' claims against developers.

^{Artist's rendering of Lodsys.}

For the uninitiated, Lodsys is a company that does nothing but hold patents for the purpose of licensing them. They produce no goods and offer no real services, and their patents are purchased from others - meaning they contribute nothing to the process.

Aug

Germany Halts Distribution Of Galaxy Tab 10.1 In Europe (Except Netherlands) In Apple Patent Lawsuit Injunction

Posted by David Ruddock in Android OS, News, Samsung

In a decision with potentially far-reaching consequences, a German court handed down a preliminary injunction halting all distribution of the Galaxy Tab 10.1 in the European Union today, after a motion was filed by Apple for just such an order.

The suit in question is over nine patents, most of which relate to broad smartphone functions and concepts. The patents are so broad that Apple sued Nokia over them (yes, the exact same nine patents) last year in the same German court, and that suit ended in a settlement widely presumed to be a victory for Apple.

I don't know all that much about German intellectual property law, or the German standard for issuing preliminary injunctions, but I can tell you one thing: this would almost certainly never happen in a U.S.

Jul

Lodsys Sues Rovio For Patent Infringement Over Angry Birds For Android - We Break Out The Popcorn

Posted by David Ruddock in Android OS, Apps/Games, News

Well, it seems Lodsys has gotten a lot more gravitas in the last few months due to the success of its patent-trolling efforts. The company's legal reps have amended a complaint filed in the Eastern District of Texas (also known as the "rocket docket" district for the speediness and plaintiff-friendliness of its trials), and it's a doozy.

From Lodsys's Complaint

Lodsys has sued Rovio over Angry Birds for Android (and iPhone), along with Electronic Arts (EA), Atari, Square Enix, and Take-Two Interactive - and many others (37 total, in fact). The latter publishers were all sued for iPhone games.

This, in our book, says little for Lodsys's credibility.

Jun

Lodsys Patent Trolling Continues - What Should Android Developers Do, Google?

Posted by David Ruddock in Android OS, Apps/Games, News

Update: Cory Trese's infringement notice was apparently sent to him by mistake - whatever that means. He received a call from Lodsys stating they'd like all the materials they sent returned. What's happened? Who knows, but as someone in our team chat room sarcastically stated - maybe they forgot a zero somewhere.

We received this tweet from Cory Trese yesterday, developer of a game called Star Traders 2, in regard to a settlement offer he received from Lodsys LLC (a patent troll shell corporation):

This isn't a friendly letter. In fact, it's probably downright terrifying as a prospect to most developers, and understandably so.

May

[Updated Again] N64oid, Snesoid And Other Emulators Pulled From The Market, Developer Suspended, Are Emulators Soon To Be Banned Content?

Posted by David Ruddock in Android OS, Apps/Games, Editorials, News

Update 3: ZodTTD, developer of several well-known emulators, recently met a similar fate as yongzh - both his Market account and his apps were removed. Today, he decided to clarify a few things in a blog post, noting that the removal of the apps was not due to an open source violation but rather came as a result of a trademark infringement letter from Sony to Google concerning PSX4Droid's icon. While yongzh did not publish any Sony emulators himself, it does seem that the big guys are taking an active interest in the emulator situation on the Market.

Update 2: Google has issued a generic response to our inquiry asking what led to the takedown:

Thanks for checking in.

May

Lodsys Patent Trolling Starting To Target Android App Devs - OK, Now It's Personal

Posted by David Ruddock in Android OS, Apps/Games, Editorials, News

You've all probably heard bits and pieces of news about a company called Lodsys in the last couple of weeks, (they've been "patent trolling" iOS app developers) even if you don't really keep up on all things fruit-related. If you're not familiar with the story, let me give you a quick rundown.

Lodsys is what we affectionately refer to as a "patent troll" - a company that buys up promising and often vague or [overly] broad patents in a hope of using them to threaten to sue the pants off people that they know might be infringing on them. Let me say that again - they find a patent, find out how many people might be infringing it, and then decide to buy it.

May

Google Responds To PayPal Trade Secret Lawsuit - What Does It All Really Mean? An Explanation

Posted by David Ruddock in Android OS, Editorials, News

Disclaimer: I'm not an attorney. This is not legal advice.

The PayPal and Google lawsuit is just another one of Google's seemingly endless big-name legal tangles over the last couple of years. Why is Google litigation such a frequent topic?

At least in part, it's because Google has one of the most aggressive stances towards litigation of any member of the tech industry. Google's reputation for taking its battles to court has become almost notorious (well, except for the "Buzz" incident) - regardless of cost or, sometimes, likelihood of victory. Google's approach is one of the modern corporation - during the 1990's and 80's, when civil litigation was actually more prevalent, in-house counsels for major corporations often preferred to settle potentially high-dollar suits rather than risk wasting piles of cash on defending them, only to lose in the end.

May

[Amazon Appstore Lawsuit] An App Store Is Not A Store For Apps, Says Apple (No, Really, They Said That)

Posted by David Ruddock in Android OS, Apps/Games, News

Yesterday, in the Federal Court for the Northern District of California, Apple filed its response to a counterclaim (filed by Amazon) in its ongoing suit over Amazon's use of the word "Appstore" in its new Android... app store (what else am I supposed to call it, Apple? An app acquisition service?)

The counterclaim contained one of the single greatest premises for a trademark lawsuit I have ever seen (not that I've seen that many):

Apple denies that, based on their common meaning, the words “app store” together denote a store for apps.

- Apple, Inc., 2011

Now, from a legal perspective, this makes a bit more sense given what Apple is arguing (not to say that the merits of their case don't look shaky.) From a common sense perspective, this is one of the most hilariously backward things I (and I'm sure you all) have ever read.