Apple Asks Supreme Court to Curb Patent Abuse Amid New $2 Billion Patent Lawsuit
Apple is joining Google and 13 other companies in a combined effort to curb frivolous lawsuits from patent holding companies, reports Bloomberg. Speaking to the Supreme Court justices, Apple said it has been sued 92 times by patent companies in the last two years. It currently has 228 unresolved patent claims and employs two lawyers who are dedicated to responding to royalty demands.
Google, joined by 13 other companies, told the justices that patent-assertion entities have an unfair advantage because they don’t make products of their own, leaving them effectively immune from countersuits.
Apple and the other technology companies are asking the Supreme Court to make it easier for companies to collect attorney’s fees when patent holding companies lose infringement lawsuits. This allocation of fees, they argue, would cut down on the number of frivolous suits.
Just as Apple moves to seek judicial assistance in addressing patent abuse in the U.S., German patent holding firm IPCom has filed two patent infringement lawsuits in the German court system that accuse Apple of infringing on cellular technology it owns (via FOSS Patents). Both the European and German patents describe methods of managing priority emergency access when wireless networks are overloaded. Apple could pay more than $2 billion in damages if it loses these legal battles.
The patent asserted in case no. 2 O 53/12, in which, inter alia, a partial claim of damages amounting to 1.57 billion euros ($2.12 billion), plus prejudgment interest, has been brought, is EP1841268. This patent has recently (on January 22, 2014) been the subject of a validity decision by the European Patent Office, in the first instance.
In case no. 2 O 95/13, in which no quantified damages claims but requests for an accounting and for declaratory judgment of liability for damages have been brought so far, the patent-in-suit is DE19910239, a German patent.
IPCom obtained both patents from German automotive parts company Robert Bosch GmbH. Apple, Nokia, HTC and others asked the European Patent Office to invalidate the European patent, but the EPO denied this request.
     |
Former Sony President Recounts Steve Jobs’ Desire to Launch an OS X-Compatible VAIO [Mac Blog]
Steve Jobs had a desire to launch an OS X-compatible Sony VAIO, according to a new blog post from longtime Japanese freelance writer Nobuyuki Hayashi (via The Verge). The account comes from a 2011 interview with former Sony president Kunitake Ando, who stated Jobs and another Apple executive presented him with a VAIO running OS X during a winter golf tournament in Hawaii.
Most of Sony’s executives spends their winter vacation in Hawaii and play golf after celebrating new year. In one of those new year golf competitions back in 2001, “Steve Jobs and another Apple executive were waiting for us at the end of golf course holding VAIO running Mac OS” recalls Ando.
Upon his return to Apple in 1997, Steve Jobs famously ended Apple’s Mac OS licensing program for third-parties. However, Ando notes that Jobs was ready to “make an exception” for Sony’s line of VAIO notebooks. Ando states that the partnership between the two companies never happened due to “bad timing” for Sony, as the company had finished optimizing both the VAIO’s hardware and software specifically for Microsoft’s Windows platform.
In addition to having a strong interest in the company’s notebooks, Ando also claims that Jobs asked many questions about Sony’s line of “SonyStyle” retail stores, which he believes led to inspiration for Apple’s own retail stores. Jobs also reportedly inspired the GPS feature found in many of Sony’s CyberShot cameras, as Ando recounts the former Apple CEO professing his desire for the feature upon using the product.
| |
Apple Captures 19.5% of Global PC and Tablet Market in Q4 2013
Apple again led the combined PC and tablet market in shipments during Q4 2013, according to a report from research firm Canalys. Apple shipped 30.9 million Mac and iPad units, accounting for a 19.5% share of the market. Lenovo secured the second spot behind Apple by increasing its market share 25.5% year-over-year, as the Chinese company jumped over HP and now has an 11.8% share of the global PC market.
Canalys’ estimates show that 84.3% of Apple’s shipments, or 26 million units, were iPads. The combined launch of the iPad Air and the Retina iPad mini helped boost the company’s share of the overall tablet market from 27.4% in Q4 2012 to 34.1% in Q4 2013.
Apple remained the PC market leader in Q4, shipping 30.9 million units to take a 19.5% share of the market. It shipped 26.0 million iPads, which accounted for 84.3% of its total shipments in Q4. Apple’s share of the overall tablet market increased sequentially from 27.3% to 34.1%, with the launch of the iPad Air and iPad mini with Retina display providing a much needed boost. The original iPad mini also fell in price, down to US$299 in the US, making it cheaper than ever to buy an iPad. But competition is mounting and Android tablets are falling in price, which will put pressure on Apple’s market share in 2014.
Overall, the worldwide combined PC and tablet market was bolstered by strong consumer interest in tablets and grew 17.9% in the final quarter of 2013. The tablet market increased 65.2% year-over-year, while PC shipments declined 6.9% yearly. In total, tablets now account for 48.3% of the total PC market.
| |
Browsing on your Android phone just got safer, thanks to the EFF
In the wake of Edward Snowden’s NSA revelations, finding ways to browse the internet more securely has become of paramount importance. In its mission to help netizens feel that little bit safer, the Electronic Frontier Foundation (EFF) has long offered its HTTPS Everywhere add-on for desktop browsers, and it’s now looking to do the same on mobile. As of yesterday, you can install the HTTPS Everywhere on Firefox for Android, which automatically seeks out HTTPS connections on supported websites. Webpages will be loaded over an encrypted connection, letting you to check your email, shop online and browse the web without fear of a third-party, or surveillance agency like the NSA or GCHQ, intercepting your traffic. To install the add-on, make sure you have the latest version of Firefox for Android on your phone, then install the plugin via the EFF website. Once loaded, the app will display an icon in the address bar, ensuring your browser won’t suffer the same fate as Angry Birds and other mobile apps.
[Image credit: grace_kat, Flickr]
Filed under: Internet, Software, Mobile
Via: EFF Blog
Source: HTTPS Everywhere
Samsung loved its leather-look Note 3 so much it’s revised the Galaxy S 4 design to match
Samsung tends not to hop around when it comes to design language, instead, choosing to gently sail the calmer waters of familiarity. Probably the biggest deviation from those well-worn design notes of late was the leather-look plastic back that adorned the Galaxy Note 3. We certainly preferred it to the recent smooth, fingerprint-friendly affairs found on the Galaxy S III and S 4. It seems the phone giant did too, and has released a new version of the GS 4 in Korea (Samsung Galaxy S4 LTE-A, if you’re interested) that features the same textured effect on the rear — along with the not-so-needed faux stitching. Oh, and “rose gold” makes a comeback on the metal-look details too! So, while this might be no good to you, with your slippy-slidey OG Galaxy S-whatever, with number five potentially being just around the corner, it could be a suggestion of what it might look like.
Filed under: Cellphones, Mobile, Samsung
Via: Newswire Korea
Source: Flickr (Samsung)
Xbox One’s first major update split in two, launching in February and March
When the first component of Xbox One’s spring update arrives on February 11th, it’ll be a few weeks ahead of the first spring flowers sprouting. Like those flowers, much of what’s contained in the February update is under the surface: Kinect voice recognition improvement, tools for developers and “stability and product updates to improve the customer experience” to name a few non-specific bulletpoints. What you’ll actually care about is the stuff you’ll see, which in this case is a battery meter for gamepads (visible on the dashboard) and a reorganized My Games & Apps section.
That first component is self-explanatory, but the latter piece requires some detail. First, you can actually see how much space you’ve got left on that 500GB HDD — helpful! Second, the applications are being broken out from games, and can be more incrementally managed. “Now you can pick the order in which you want your content to load and we’ve added a boot progress indicator so you can better track updates while they load,” Xbox chief product officer Marc Whitten says in a blog post detailing the update. Additionally, February’s update adds USB keyboard support. Sure, why not? There should also be some other bells and whistles in there, which Microsoft says we’ll find out more about soon (er, uh, before next Tuesday).
Head below for more on the second half of the update, due in March.
The second piece of seasonal update arrives on March 4th, and it’s got a fully revamped party system just in time for the launch of blockbuster game Titanfall (a multiplayer-focused experience). What exactly does that mean? We’ll have to wait to find out, as Whitten’s only offering “a new party and multiplayer system” as detail. And what of promised Twitch.tv streaming ahead of E3 this year? Microsoft’s staying mum for now, but we’d be shocked if it didn’t show up in the first major system update to Xbox One.
Regardless of the spring update, small and continuous updates to the Xbox One will still occur as time goes on. Whitten also says we’ll hear “many” more announcements regarding the upcoming update — here’s hoping next time we find out HBO Go and Spotify are part of the big spring refresh.
Filed under: Gaming, Software, HD, Microsoft
Source: Xbox
Shopping app lets you beam payments to old-fashioned cash registers
Remember Mobeam’s barcode scanning trick? It looks like it just found a new home: the Clutch app. The digital shopping app can now beam credit card numbers, ticket info, coupons and gift card data to the regular laser scanners used at most retailers. The catch is, of course, that this feature only works on the few devices that support Mobeam — namely the Samsung Galaxy S 4 and the Note 3. Although the feature is limited by device, it’s unique because it puts the burden on the customer, unlike options like Square that require retailers to abandon traditional payment systems for new technology. Mobeam actually released a similar app of its own sometime ago, but hey, when your technology is supported by just a couple of phones, even partnering with the competition is a good way to reach more people.
Filed under: Cellphones, Mobile
Source: Clutch
Moshi Stanza Duo Stylus Pen Review: a little more than meets the Eye
It’s usually quite difficult to choose exactly what it is you want from a stylus; do you just want it so that you do some simple drawing or do you need it to be a little more precise? Once you’ve decided that, you usually have to figure out how to transport the stylus as from my brief experience, I’ve found that many of them do not come with a clip or string to keep your stylus with your device. And on top of that, styluses are inherently simple accessories: styluses are usually just a stylus. Moshi‘s taken in all of these considerations and come up with the Stanza Duo Stylus Pen, a stylus with a little bit more to offer than the standard stylus.
The concept of the Stanza Duo isn’t rocket science: first and foremost, it’s a stylus with a replaceable capacitive tip. Rather than wasting the rest of the internal space of the Duo, moshi has opted to put a retractable pen in the other end of the stylus. As you can see, it’s not terribly complicated, but the Duo achieves its multi-functionality with typical moshi understated flair, adopting a brushed aluminium barrel with a silver clip.
Probably the coolest feature of the Duo is that the clip actually slides into the body when you twist the barrel to get the pen tip out. This way the clip doesn’t impede your ability to write yet also acts as a way for you to ensure that the pen is retracted when you’re done with the pen and storing the Duo in your pocket or otherwise.
As an added convenience, one additional capacitive rubber tip is included in the package to compliment the one that is already installed on the Duo. As it turns out, this appears to be necessary as I managed to tear one of the tips trying to test replacing the tip. I’m unsure if this is common for stylus tips, but it’s possible the nob that keeps the tip on might be just a tiny bit too wide causing the tip to fit too snugly, requiring the amount of force that tore the tip. Regardless of what caused it, a little care should be employed when replacing the capacitive tip particularly as it’s quite difficult to get enough leverage to pull the tip off.
The ink cartridge for the pen is also replaceable, though an extra cartridge is not included in the box. I did also have trouble getting the cartridge out from the pen, as I didn’t want to pull at anything too hard lest I break something else. My experience with the Duo has definitely been a little fiddly, but once it is set up properly, there are no issues to speak of.
The Duo is easy to hold and use, the brushed aluminium making for a really nice feel. Again, once in use, there’s nothing complicated about the Duo; it performs as a stylus and pen as you’d expect, though as expected with a rubber tip, it’s not quite as precise as an artist’s stylus.
Rating: 3.5/5
The moshi Stanza Duo marries a simple stylus with a pen and a handy clip to make itself into a convenient, multi-function accessory, one which should find itself quite busy in the current mobile-centric world. I definitely found it a little fiddly, but once you’ve got everything in the right place, the Stanza Duo does exactly what you need it to. The asking price for the Stanza Duo is $40 on moshi’s own store, which is probably a little dear, even considering that it has multiple functions. It’s certainly made from top-grade materials, but it may be hard to reconcile the purchase if you’re thinking about just using a stylus. If however you want a stylus that looks stylish in a business, or work, setting and you want a 2-in-1 solution, then the moshi Stanza Duo has you sorted.
Check out the moshi Stanza Duo Stylus Pen on its product page here, or for more information about moshi’s other products, you can visit their website here.
Gallery of photos
Apple and Samsung File List of Patent Claims and Accused Products Ahead of Second U.S. Patent Lawsuit
Ahead of a second patent infringement lawsuit set to take place on March 31, Apple and Samsung have filed a final list of the accused patents and products being brought to trial, reports FOSS Patents.
Previously, both companies agreed in September 2013 to drop one patent each from the trial, as Judge Lucy Koh ordered both companies to narrow the scope of their ongoing legal battle. Last month, Judge Koh also invalidated two of Samsung’s patent claims, which will result in the Korean company bringing a total of only four patent claims to trial. Apple will bring the expected amount of five patents to trial.
Apple’s asserted patents:
– U.S. Patent No. 5,946,647 “System and method for performing an action on a structure in computer-generated data” – Claim 9
– U.S. Patent No. 6,847,959 “Universal interface for retrieval of information in a computer system” – Claim 25
– U.S. Patent No. 7,761,414 “Asynchronous data synchronization amongst devices” – Claim 20
– U.S. Patent No. 8,046,721 “Unlocking a device by performing gestures on an unlock image” – Claim 8
– U.S. Patent No. 8,074,172 “Method, system, and graphical user interface for providing word recommendation” – Claim 18
Samsung products accused by Apple:
– Admire
– Galaxy Note
– Galaxy Note II
– Galaxy S II
– Galaxy S II Epic 4G Touch
– Galaxy S II Skyrocket
– Galaxy S III
– Galaxy Tab 2 10.1
– Stratosphere
Samsung’s asserted patents:
– U.S. Patent No. 7,756,087 “Method and apparatus for performing non-scheduled transmission in a mobile communication system for supporting an enhanced uplink data channel” – Claim 10
– U.S. Patent No. 7,551,596 “Method and apparatus for signaling control information of uplink packet data service in mobile communication system” – Claim 13
– U.S. Patent No. 6,226,449 “Apparatus for recording and reproducing digital image and speech” – Claim 27
– U.S. Patent No. 5,579,239 “Remote video transmission system” – Claims 1 and 15
Apple products accused by Samsung:
– iPhone 4
– iPhone 4S
– iPhone 5
– iPad 2
– iPad 3
– iPad 4
– iPad Mini
– iPod Touch (5th generation)
– iPod Touch (4th generation)
– MacBook Pro
Florian Mueller of FOSS Patents noted that both companies’ current products do not appear on either list due to the lengthy process of U.S. patent litigation lawsuits. However, the list of accused products and their outcomes in the trial may be used as a basis for damages and injunctive relief going forward.
Mueller also noted that the anonymous request to reexamine Apple’s infringed autocomplete patent has been granted, with the U.S. Patent and Trademark Office (USPTO) now scheduled to take a closer look at the viability of the patent:
In August 2013, the USPTO granted the reexamination request only in part — and in a way that would have been useful for Samsung’s purposes. But the anonymous requester(s) kept fighting for a more comprehensive review and filed a petition. That petition related to various claims the examiner refused to reexamine, particularly including claim 18, the claim-in-suit. In mid-January, the USPTO published a favorable decision on the petition, holding that the anonymous requester had indeed raised substantial new questions of patentability.
A mediation meeting between Apple CEO Tim Cook and Samsung Electronics CEO Oh-Hyun Kwon is scheduled to take place before the trial, with the date for the session set for on or before February 19. Both companies will also partake in a separate trial centered around Apple’s new call for a U.S. ban on Samsung products set for January 30.
| |
Apple and Samsung to spar over iPhone 5, Galaxy Note II at next trial
Perpetual court combatants Apple and Samsung have revealed their final list of allegations ahead of a trial starting March 31st. Though each started with five disputed patents, Samsung only has four now since a multimedia sync patent was knocked out earlier by Judge Lucy Koh. She also gave Apple a summary judgement win on its auto-complete IP, putting it ahead before the trial even begins. As for the rest, it’s worth noting that all of Apple’s patents are related to user interaction, while two of Samsung’s are standards-essential (FRAND) patents — which companies are normally obligated to license out. Samsung did have one point in its favor, however: the USPTO has agreed to take a second look at the validity of Apple’s aforementioned auto-complete patent.
As for the devices accused of infringing those patents, none are very recent models and many aren’t even on the market anymore. However, the historical sales of each will affect the size of any award given by the court if an allegation is upheld. That’s a lot of infringement for ultra-popular models like the Galaxy Note II, Galaxy S III, iPhone 5 and iPhone 4s, which have far outsold disputed models from the previous trial (like Samsung’s original Galaxy S). Other names on the list include the Galaxy Nexus and Galaxy Tab 2 10.1 from Samsung, along with Apple’s iPads 2, 3, 4 and Mini. Of course, there’s always the upcoming negotiations between company CEOs to avoid all that, but… nah, who are we kidding.
Filed under: Cellphones, Mobile, Apple, Samsung
Source: Foss Patents
AIVAnet 