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.
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
Amazon's upcoming Android Market competitor, the Amazon Appstore, is in hot water for its namesake. On Monday, Apple filed a lawsuit in a California federal court claiming Amazon had infringed on its trademark of the phrase "App Store." Apple applied for a trademark to this name way back in 2008, but it wasn't approved until January of 2010. Since then, Microsoft has filed a dispute with the trademark office alleging that the grant was improper. Read More
Despite a lot of fun Motorola hardware leaks lately (even some love for AT&T), Moto would like to remind us that they aren't much friendlier than Apple when it comes to unintended dissemination of their intellectual property.
The recently leaked update to Android 2.2 for the DROID X has been quite a popular download for daredevil users, and apparently Motorola has taken notice. While the ROM is now undoubtedly in the hands of every modding and development community member who has any interest in it, that isn't stopping Motorola from issuing cease and desist letters (e-mails) to those hosting the file. Read More
Them’s Fightin’ Words
As you may have heard, Oracle (who now own Sun and the Java programming language) filed a patent infringement suit against Google related to the use of Java on the Android platform (particularly in the Dalvik VM, details on TechCrunch if you’re interested). Google has responded to Oracle’s suit, and they are ready to make a stand:
We are disappointed Oracle has chosen to attack both Google and the open-source Java community with this baseless lawsuit.