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. Read More
When Google's General Counsel, David Drummond, posted the first real public response by the search giant to the intellectual property war being waged on Android, the techblogosphere just about peed their collective pants in excitement. Everyone loves a good flame war, it's true. Google called out Microsoft, Apple, and Oracle - by name - publicly. It doesn't get much better than that.
Unfortunately, this probably isn't going to help Google's ongoing battles with those companies, and it's not going to help the company's public image, either. Read More
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). Read More
Android's latest indirect legal tussle to come to a head, a patent suit between HTC and Apple, was ruled on last week by the US ITC (Court of International Trade) - finding the Taiwanese manufacture liable for two counts of patent infringement. This news has spread like wildfire through every corner of the tech blog world. But is there really anything that's changed right now (or even in the near future) because of the outcome of this suit? Read More
Apple's at it again, this time back on its "We own the words 'App Store'" reign of terror. While a judge denied Apple's request to bar Amazon from using "Appstore" in a preliminary injunction before the issue is decided at trial, that isn't stopping the world's most infamously litigious tech giant from going after everyone and their brother using the words.
And until the Amazon trial is settled or decided (it's on the docket - for October 2012), Apple is free to go about threatening and pursuing more legal action, even though its trademark on the words "App Store" remains actively contested (by Microsoft) in its bid for certification at the USPTO. Read More
In what was a largely expected ruling, a district court judge in California yesterday denied Apple's motion for a preliminary injunction against Amazon attempting to bar the use of the word "Appstore" in conjunction with the Amazon Appstore.
The standard set for enforcing such an injunction is high - generally, the infringement on the trademark must be so clear that there isn't a genuine debate about whether or not consumers are likely to be confused, the infringement should be relatively obvious. Read More
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. Read More
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. Read More
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. Read More
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.