Posts tagged with: Legal
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    As if Samsung had enough to tamp down with the Galaxy Note 7 recall, we now hear of trade secret subterfuge from within the chaebol's ranks. According to a report from Korean broadcaster SBS, one executive Lee was arrested by police, warranted for accusations of stealing and selling documents about some advanced semiconductor technologies to Chinese firms. Those papers related to details about the 14nm technology being used in the Exynos 8890 and a 10nm die being used for the processor that's to be in the Galaxy S8 — perhaps the Exynos 8895. Samsung is suing Lee while the investigation ...

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    One of the first lawsuits in the Galaxy Note 7 recall saga was filed on Friday. Jonathan Strobel of Florida alleges that endured wounds as a result of his phone's battery exploding while shopping at a Palm Beach Gardens Costco on September 9, a week after a voluntary recall was issued, but a week before a government-sanctioned recall followed. It was on Thursday that the Consumer Product Safety Commission officially recalled about 1 million devices. Strobel's lawyer Keith Pierro claimed that his client was severely burned on his thigh and his left thumb in an attempt to distance himself ...

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    The Eastern Texas District Court in Tyler, one infamous for its plentiful decisions in favor of large patent holding firms, has put another verdict in the win column for a subsidiary of Acacia Research Corp. A federal jury ruled that Apple has to pay the company $22.1 million for willfully infringing upon a patent related to cellular networks. Infinite Loop, the jury felt, failed to invalidate the patent concerned in its arguments. A finding of willful infringement allows the judge to increase the awarded damages to as much as triple the ruling. Acacia's patent portfolio comes from a bevy ...

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    The Federal Trade Commission has lost a fight over mobile data throttling against AT&T. This two-year-old case stemmed over the FTC's accusation that the carrier needed to inform the commission before slowing down the data speeds of customers using excessive amounts of it on a grandfathered unlimited plan. The agency said that such deceptive practices are prohibited under the Federal Trade Commission Act. The Ninth Circuit court of appeals, however, ordered a lower court to dismiss the lawsuit. AT&T's argument for throttling was that the Act allowed common carriers to do so. The ...

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    "The iPhones are not fit for the purpose of use as smartphones because of the touchscreen defect." It's a sentence that could be shortened by Apple's critics, but it's also a sentence found in full in a class action lawsuit filed at US District Court in San Francisco. Three individuals from California, Delaware and Pennsylvania are seeking unspecified damages from Apple. The plaintiffs allege fraud and transgressions of California consumer protection laws for refusing to service iPhone 6 and iPhone 6 Plus devices free of charge for a problem dubbed "Touch Disease." The problem, which ...

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    The Electronic Frontier Foundation, which laid accusations against T-Mobile's Binge On zero-rate program not being net neutral, is calling out said T-Mobile again for more bits of anti-net neutrality. This time, its targeting T-Mobile One, the carrier's new one-for-all unlimited data plan. Senior staff technologist Jeremy Gillula believes that an extra $25 per month to bypass speed throttling on streaming video, music and gaming is a no-go in terms of the FCC's Open Internet Order. "From what we've read thus far it seems like T-Mobile's new plan to charge its customers extra to not ...

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    Apple is known for commanding huge third-party retail presences with an air of uniformity in terms of marketing, branding, presentation and, yes, pricing. But it just can't fly in Russia, says one complainant. Specifically, there's been a complaint that at least 16 major resellers in Russia have been selling the iPhone 6s and the iPhone 6s Plus at the exact same price point for a certain length of time. The Federal Anti-Monopoly Service has a case open and is investigating. Apple's Russian branch has yet to comment on the price fixing allegation. One reseller, MTS, declined comment, while ...

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    VirnetX will have to face Apple in court twice again. Yes, twice. A judge from Eastern Texas District Court overturned a ruling in a patent infringement case that would have resulted in Apple paying VirnetX $626.5 million in damages because the trial was a conflation of two lawsuits. Instructions and information to jurors kept referring to the findings of the jury looking over the earlier of the two cases which sided against Apple. The patents at issue regarded security measures found in FaceTime and iMessage. The two cases will get two retrials, the first of which to start on September ...

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    Apple is making its case to the eight-member Supreme Court of the United States that Samsung should pay its legally obligated dues to Infinite Loop for patent infringement. The Korean manufacturer took the case to the highest court in the nation to overturn damages related to the design of the phone hardware and the home user interface. Apple's legal brief claims that Samsung's case has not produce new evidence to base design patent damages "on anything less than the value of an entire smartphone," according to a Reuters report. In February, the US Patent and Trademark Office invalidated ...

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    Another loss for Apple and another court day spent successfully for a patent holding company. Network-1 Technologies subsidiary Mirror World Technologies has agreed to settle with Apple for $25 million in exchange for the use of nine patents and five pending applications regarding "unified search, indexing, displaying and archiving of documents in the computer system." The settlement was made out of district court in Tyler, Texas. The main patent in question described a file directory system. It was filed in 1999 by a Yale professor who then created his own company and pursued Apple for ...

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    Back in 2014, T-Mobile claimed in court that Huawei stole some trade secrets about its phone testing robot Tappy. How? By trying to sneak into the Un-carrier's Bellvue, Washington, headquarters to take pictures of said robot, named Tappy. Since then, Huawei has made its own testing aid and T-Mobile wanted to call legal foul on its play. Fast forward two years and now Huawei is going after T-Mobile on the same grounds that it did against Samsung. Little Magenta has for the past two years been using 14 4G patents it refuses to license from Huawei, at least so the Chinese manufacturer claims. ...

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    It didn't take long for Apple's general counsel to respond to claims made by Spotify's general counsel of anti-competitiveness and with the rejection of an app update for the music streaming service and a demand that the company take payments through iTunes. Spotify thinks it shouldn't have to use the iTunes billing system that Apple mandates be used for all in-app purchases on iOS. Apple takes a 30 percent cut of each subscription payment made — Spotify passed it on to consumers before being allegedly told by Apple it couldn't promote a heavily discounted trial offer through its website ...

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    Is Apple being a competitive spoilsport to protect its own interests? Does it have a right to do so? Spotify is challenging Infinite Loop on at least the music streaming front by claiming that the company won't approve an update to its app unless it uses the iTunes billing system. Prior to the launch of the pay-to-play Apple Music, Spotify took in monthly subscription fees from iOS users through the app and through that iTunes system. Apple charges vendors a 30 percent fee per subscription for music services and Spotify passed the fee onto customers by charging $13 a month instead of $10. ...

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    When Sundar Pichai said to Walt Mossberg that Google was looking for "more thought" in the design of smartphones, the chief executive officer explicitly referred to the Nexus line of smartphones. If The Telegraph's reporting can be trusted, it seems that at the very least Google is going in a different direction. The paper is citing from a "senior source" that the Alphabet subsidiary is manufacturing its own smartphone that will be out before the end of the year. It is negotiating on device carriage agreements with networks. The device will apparently be released separate from the Nexus ...

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    Apple has been dealing with blow after blow in its patent challenges recently. Samsung is getting more support for its bid to overturn a verdict for Cupertino while patent holders are getting away with more money. China has been tightening its grip on its international commerce relations recently, especially with Apple — once on branding and again on controversial content. Now, the Beijing Intellectual Property Bureau has ordered Apple to stop selling the iPhone 6 and iPhone 6 Plus in the city. Why? Because the design apparently infringed upon a patent held by Shenzhen Baili ...

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    Broadband internet will remain a utility that the Federal Communications Commission can easily and strictly regulate, so ruled two judges to one in a federal appeals court. The decision tossed out petitions from AT&T, Comcast, Verizon and other telecom companies challenging the courts' earlier agreement with the FCC's declaration. "We have always expected this issue to be decided by the Supreme Court, and we look forward to participating in that appeal," said David McAtee II, AT&T's senior executive vice president, also acting as general counsel for the company. Internet service ...

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    A judge has lifted a press embargo has on court records that tell how the Royal Canadian Mounted Police cracked into encrypted BlackBerry communications. The methods were used in the investigation of a member of a New York mafia who was fatally shot in the outskirts of Montreal in 2011. The RCMP used "stingrays" — fake cell towers — to pick up on IMSI numbers, identifying the mobile subscribers that connected with it. Other information, like location, text and voice conversations, can also be extracted. Police claim they were only used to sort out suspects' phones, but not locate or ...

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    The same Justice Department that was able to snare through a couple of iPhones' encryption is siding with Samsung on a years-long patent suit that's about to be taken up by the Supreme Court. The department has penned an amicus brief on behalf of the chaebol and against Apple, calling for a new trial. "We welcome the overwhelming support for overturning the ruling in favor of Apple, including [...] the US government," a Samsung spokesperson said. An Apple spokesperson declined to comment on the brief. The original award to Apple of $930 million has been pecked away at since it was ...

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    With the number of ways you can be tracked everywhere you go, — many of which you actually can't control — if law enforcement are on your case, it used to be that they needed a warrant to get cellular networks to turn over location records. Not so much anymore with a ruling from the 4th U.S. Circuit Court of Appeals. The judges voted 12 to 3 that the location data being retrieved has been revealed to a third party and, therefore, does not get the protection of the the Fourth Amendment in the US Constitution against searches without a warrant. The government can compel that third party ...

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    If you haven't had your fill of patent lawsuits last week, check out what the California Institute of Technology is filing against One Infinite Loop. Caltech hit Apple with the suit on Thursday for infringing upon its Wi-Fi patents. The university is alleging that its intellectual property was crucial to the 802.11n and 802.11ac standards and that every iPhone from the iPhone 5. Apple's Wi-Fi chip supplier, Broadcom, is actually the main plaintiff in the suit, but since Apple commands about 14 percent of its business, Caltech believes Cupertino is fair game. The Wi-Fi chips aren't the ...

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    "I sue you, too." It's a not terribly encouraging development in the case of Huawei's legal action against Samsung on patent licensing fees, though we're probably doing the translation injustice here. The head of the chaebol's intellectual property division reacted to the rival manufacturer's suits in China and the US. "We will take countermeasures, including a lawsuit," Ahn Seong-ho said as interpreted by The Korea Herald. Huawei alleges that Samsung used its 4G technology as well as user interface and launcher software without paying the company its dues. Source: Korea Herald Via: ...

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    What's said to be billions of dollars will not go to Oracle because of today's federal jury ruling. All ten members of the panel agreed that Google's appropriation of 37 Java APIs in its development of Android fell under the "fair use" clause of copyright law. Shortly after the verdict, Google stated that: Today's verdict that Android makes fair use of Java APIs represents a win for the Android ecosystem, for the Java programming community, and for software developers who rely on open and free programming languages to build innovative consumer products. Oracle looks to appeal. Oracle's ...

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    Java is running hot between Oracle and Google as does the retrial over whether the latter's parent company, Alphabet, should pay licensing fees for the development platform or legally claim fair use and owe nothing. Oracle's co-CEO Safra Catz testified in San Francisco district court that Google's decision to open up Android for manufacturers to develop meant a severe drop in its Java API licensing revenues. Pre-Android era, Samsung paid $40 million per agreement to Oracle — it paid $1 million after Android came along. Oracle cut down its license fee by 97.5 percent to persuade Amazon to ...

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    Sometimes, it's better to drop your hand than keep a finger pointed, especially when there are bigger fights to struggle through. Just recently, Microsoft has buried the hatchet with Google when it came to poor practices tattling. Microsoft and Samsung also had a patent spat settled. Now, NVIDIA and Samsung are coming to terms over licensing for a few patents related to each company's graphics technologies. This came right in front of the US International Trade Commission's final ruling on claims that NVIDIA had infringed upon three of Samsung's patents. A ruling against NVIDIA could've ...

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    Another class action lawsuit to tell you about, this one against Motorola for recent allegations of failing to uphold support and repair services for smartphones and smartwatches guaranteed under warranty. The initial plaintiff, from Georgia, says he could not get the Lenovo-owned company to fix his first-generation Moto 360's cracked backplate for months and that when it did send a replacement unit, it had not the metal strap he originally ordered, but a cheaper leather strap. One of the law firms representing him and the class says "thousands of people" may be affected by Motorola's ...

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