Apple has a long history of being ironic, and not in the positive sense of the word. Their latest bout of ironic shenanigans: accusing Samsung and Motorola of being "anticompetitive." Frankly, this is such an outrageous accusation that I just don't know where to start with it.
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.
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.
Yesterday a German court sided with Apple against Samsung, disallowing the sale of Galaxy Tab 10.1 units in the European Union. Buried deep within this filing is mention of yet another complaint -- but this one is against Motorola, allegedly over the design of the XOOM.
This has been a back-and-forth battle between the two companies for sometime now, with Moto originally going after Apple for violating 18 patents in iOS and some Macs back in October of 2010.
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.
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.
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).
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?
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.
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.