The presiding judge in the Motorola v. Apple case in Illionois, Richard Posner, has just handed down an order dismissing all claims of both parties in the case, just as it was set to go to trial on Monday. Posner's preliminary order (he'll be writing a full decision soon, which I can't wait to read) basically says neither party was able to show that the infringement of patents by the other resulted in the production of evidence that said infringement actually caused them any harm.
Update: It should come as no surprise, but Samsung has responded to Apple's attack on the Galaxy S III, saying it will "demonstrate to the court that the Galaxy S III is innovative and distinctive."
Apple and Samsung's ongoing litigation in California federal court has become something of a three-ring circus. Back in December, the presiding judge denied Apple's request for a preliminary injunction against a wide variety of Samsung products.
Apple has filed a new complaint with the ITC against HTC over the same data-tapping patent that caused a substantial disruption of HTC's supply line into the United States, and resulted in delayed or stifled launches for a number of phones.
After removing the multi-option dialogue that appeared upon pressing a phone number in an email or webpage from its devices, HTC proclaimed it was clear of Apple's patent on data-tapping techniques.
We're hearing via The Verge that Judge William Alsup has just handed down his decision on the copyrightability of Oracle's 37 Java API's, asserted by Oracle as having been infringed by Google in the Android operating system. This is probably the most important issue of the entire case. While a jury decided that Google did infringe Oracle's APIs as asserted by Oracle, that decision hinged on the assumption that the APIs were in fact copyrightable in the way Oracle had insisted they were.
Official word from HTC on the customs review of its smartphones is that the process has been completed (confirmed for the EVO 4G LTE, AT&T One X). The review was the result of an Apple lawsuit at the ITC for patenting infringement, which culminated in the issuance of an exclusion order for all HTC smartphones entering the US. The statement, below:
Today, Google announced that its acquisition of Motorola Mobility had officially closed. Make no mistake, this merger is something of a shotgun arrangement - and the offspring conceived out of wedlock is Android. So, how did we get here, two and a half years after the first DROID?
A Brief History Of Motorola And Android
Motorola was once Google's model manufacturer partner. At least in the US, it produced what was the most popular "first generation" Android smartphone, the original Motorola DROID.
Update: here's an official statement from Sprint's Community Forums, confirming the May 24 delivery estimate:
Customers who pre-ordered HTC EVO 4G LTE…Your wait is almost over! Sprint expects to begin shipping HTC EVO 4G LTE for arrival on or around Thursday, May 24 to customers who pre-ordered the device online from Sprint.
We will provide details on the full national launch as soon as possible. Thank you to everyone who has been patient while waiting for their HTC EVO 4G LTE. We will continue to update this post as additional details are available.
Update: We've received an official statement from an HTC spokesperson on the situation with US Customs, and it basically confirms what was said to the Taiwanese stock exchange. Here it is:
“Each imported HTC model must be reviewed by Customs and will be released once Customs officials have completed the inspection. Some models have gone through inspection and been released to our carrier customers. We don't have the status of each specific device model at this time, but we are working closely with Customs.
In a somewhat unexpected turn of events, it seems that at least one customer ordering an HTC Amaze 4G from T-Mobile.com has been alerted that shipments of the device have been delayed "due to an unforeseen issue with receiving the product from the manufacturer." It looks like T-Mobile is sending out emails to customers informing them that they have no "estimate as to when the product will be available," and suggesting that customers explore other options in the meantime.
According to an exclusion order issued by the ITC, some of Motorola Mobility's smartphone devices are in violation of four claims in a Microsoft patent related to scheduling meetings in a calendar. The specifics really aren't important - basically, the ITC found that Motorola infringed a Microsoft patent related to mobile software for creating and sending meeting invitations.
Motorola and Google had argued that an exclusionary order banning the import of offending Motorola devices wasn't in the public interest, but the judge didn't buy it.