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.
Last month, Google bid $2 million for the patents of the now-defunct micro-cell phone company Modu, fueling speculation as to just what Google's plans would be with that intellectual property. Today, it was announced that the bidding process for the last remnants of Modu's legacy had ended, and Google was the winner (albeit by a narrow margin of $10,000), with a final offer of $4.9 million.
If you've never heard of Modu before, don't worry - the company came out of Israel, and was generally unknown to most of us in the US-of-A until it started having financial troubles. Read More
File this under "things that look good on paper." On Tuesday, a federal judge for the Northern District of California issued an order forcing Oracle and Google, in their fight over various Java patents allegedly infringed by Android, to reduce the number of patent claims and defenses thereto to a "triable" number. That number? Three. And Google will be allowed eight "prior art references" to defend against those claims. (Note: A "prior art reference" is a way of showing that a patent was trying to patent something someone else had already invented prior to the filing, a complete defense against patent infringement, invalidating the patent in question)
Oracle's complaint ended up amounting to 132 patent claims against Google's Android mobile operating system - a staggering number for any court. Read More
Last month, Microsoft took bookseller Barnes & Noble, the company responsible for the Nook and Nook Color, to court over some patents infringed because B&N used the Android operating system in the Nook and Nook Color. This is definitely nothing new in the world of mobile devices. It happens all the time, especially with companies like Apple and Microsoft trying to take complete dominance of every arena they enter. That's not the big story here. Read More