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Posts Tagged ‘patent case’

Jury Hits Marvell With $1 Billion+ Fine Over CMU Patents

December 27th, 2012 12:47 admin View Comments

Google

Dupple writes with news carried by the BBC of a gigantic tech-patent case that (seemingly for once) doesn’t involve Samsung, Apple, Microsoft, or Google: “‘U.S. chipmaker Marvell Technology faces having to pay one of the biggest ever patent damage awards. A jury in Pittsburgh found the firm guilty of infringing two hard disk innovations owned by local university Carnegie Mellon.’ Though the company claims that the CMU patents weren’t valid because the university hadn’t invented anything new, saying a Seagate patent of 14 months earlier described everything that the CMU patents do, the jury found that Marvell’s chips infringed claim 4 of Patent No. 6,201,839 and claim 2 of Patent No. 6,438,180. “method and apparatus for correlation-sensitive adaptive sequence detection” and “soft and hard sequence detection in ISI memory channels.’ ‘It said Marvell should pay $1.17bn (£723m) in compensation — however that sum could be multiplied up to three times by the judge because the jury had also said the act had been “wilful.” Marvell’s shares fell more than 10%.’”

Source: Jury Hits Marvell With $1 Billion+ Fine Over CMU Patents

Judge To Review Whether Foreman In Apple v. Samsung Hid Info

November 9th, 2012 11:38 admin View Comments

Patents

thomst writes “Cnet’s Greg Sandoval is reporting that Lucy Koh the Federal judge in the Apple v. Samsung patent infringement case is reviewing whether jury foreman Velvin Hogan failed to disclose his own patent suit v. Seagate during the jury selection process. Samsung, which lost the suit filed by Apple, has complained that Hogan’s failure to disclose his own status as a former patent case plaintiff constituted misconduct serious enough to invalidate the jury’s verdict in the case.”

Source: Judge To Review Whether Foreman In Apple v. Samsung Hid Info

Apple Loses Patent Case For FaceTime Tech, Owes $368 Million

November 7th, 2012 11:17 admin View Comments

Patents

beeudoublez writes “Apple was ordered to pay $368 million today to a software company named VirnetX over patents related to Apple’s FaceTime technology. Apple engineers testified they didn’t pay attention to any patents when building FaceTime. ‘The jury, which had sat through the five-day trial, ruled that Apple infringed two patents: one for a method of creating a virtual private network (VPN) between computers, and another for solving DNS security issues. … It’s not the first time VirnetX has won a payout from a major tech firm: the company bagged $105.7m from Microsoft two years ago, and it may not be the last either. VirnetX has a separate case against Apple pending with the International Trade Commission and it has court cases against Cisco, Avaya and Siemens scheduled for trial next year.’” It’s not all bad news for Apple today, though — according to Ars, they’ve won a new patent for a rounded rectangle (D670,286).

Source: Apple Loses Patent Case For FaceTime Tech, Owes $368 Million

Oracle To Pay Google $1 Million For Lawyer Fees In Failed Patent Case

September 5th, 2012 09:35 admin View Comments

Google

eldavojohn writes “You may recall the news that Google would not be paying Oracle for Oracle’s intellectual property claims against the search giant. Instead, Google requested $4.03 million for lawyer fees in the case. The judge denied some $2.9 million of those fees and instead settled on $1.13 million as an appropriate number for legal costs. Although this is relative peanuts to the two giants, Groklaw breaks the ruling down into more minute detail for anyone curious on what risks and repercussions are involved with patent trolling.”

Source: Oracle To Pay Google $1 Million For Lawyer Fees In Failed Patent Case

Apple Tells Retailers To Stop Selling Certain Samsung Devices

July 14th, 2012 07:26 admin View Comments

Android

walterbyrd writes with news that Apple has been sending out letters to carriers and retailers who sell the Samsung Galaxy Tab 10.1 and the Galaxy Nexus, informing them of a court-mandated ban on sales and warning them against continuing to market the devices. The court order for the patent case on the Galaxy Tab says Samsung and “those acting in concert” with them are enjoined from selling the devices, and Apple has used the letters to point this out. Samsung, of course, disagrees: “Apple’s menacing letters greatly overreach, incorrectly claiming that third-party retailers are subject to the prohibitions of the preliminary injunction, which they clearly are not.”

Source: Apple Tells Retailers To Stop Selling Certain Samsung Devices

Posner Dismisses Apple/Motorola Case, With Prejudice

June 22nd, 2012 06:12 admin View Comments

Patents

whisper_jeff writes “Judge Posner has dismissed the patent case between Apple and Motorola, with prejudice (meaning they can’t refile), putting an end to this patent dispute between the two companies. Posner wrote, ‘Both parties have deep pockets. And neither has acknowledged that damages for the infringement of its patents could not be estimated with tolerable certainty.’ I know many on Slashdot will be happy to hear Apple’s lawsuit failed; I am happier to hear that Motorola has been prevented from abusing FRAND patents, a situation I feel could set a very bad, very dangerous precedent for the entire industry.”

Source: Posner Dismisses Apple/Motorola Case, With Prejudice

Supreme Court Orders Do-Over On Key Software Patents

May 24th, 2012 05:56 admin View Comments

Medicine

Fluffeh writes “It seems that the US Supreme Court has an itch it just can’t scratch. A patent granted to the Ultramercial company covers the concept of allowing users to watch a pre-roll advertisement as an alternative to paying for premium content and the company is demanding fees from the likes of Hulu and YouTube. Another company called WildTangent is however is challenging Ultramercial’s “invention” as merely an abstract idea not eligible for patent protection. Add to this a recent ruling by the Supreme Court restricting patents — albeit on medical diagnostic techniques and you get into a bit of a pickle. The Supreme Court is now sending the Ultramercial case back to the lower courts for another round, which doesn’t mean that the court disagrees with the original ruling, but rather that it thinks it is a patent case that is relevant to the situation and they want to re-examine it under this new light.”

Source: Supreme Court Orders Do-Over On Key Software Patents

Supreme Court Orders Do-Over On Key Software Patents

May 24th, 2012 05:56 admin View Comments

Medicine

Fluffeh writes “It seems that the US Supreme Court has an itch it just can’t scratch. A patent granted to the Ultramercial company covers the concept of allowing users to watch a pre-roll advertisement as an alternative to paying for premium content and the company is demanding fees from the likes of Hulu and YouTube. Another company called WildTangent is however is challenging Ultramercial’s “invention” as merely an abstract idea not eligible for patent protection. Add to this a recent ruling by the Supreme Court restricting patents — albeit on medical diagnostic techniques and you get into a bit of a pickle. The Supreme Court is now sending the Ultramercial case back to the lower courts for another round, which doesn’t mean that the court disagrees with the original ruling, but rather that it thinks it is a patent case that is relevant to the situation and they want to re-examine it under this new light.”

Source: Supreme Court Orders Do-Over On Key Software Patents

Google’s Triumph Over Oracle Is a Big Win for Android

May 23rd, 2012 05:12 admin View Comments

The jury in Oracle’s patent case against Google delivered a unanimous verdict in favor of the search giant today, exonerating Google’s use of Java in Android and dashing Oracle’s dreams of millions of dollars in damages.

The trial was supposed to have three phases: copyright, patents and then damages. The jury delivered a partial verdict in the copyright phase, which means the decision to award damages in the copyright phase comes down to the judge, William Alsup. There will be no phase three and the trial, for all intents and purposes, is over. 

Oracle will appeal the result. It has millions of dollars tied up in legal fees and billions of dollars tied up in Java. To walk away empty handed will sting, and Oracle has proven that it is very committed to using the judicial system to make money from its acquisition of Java creator Sun Microsystems. 

While the jury has been dismissed, the issue of final damages that Google may have to pay Oracle is not yet finished. Judge Alsup has to decide on the copyright phase of the trial that the jury left unanswered when it delivered its verdict. The jury found that Google indeed copied the “structure, sequence and organization” (SSO) of 37 Oracle APIs related to Java. The jury came to an impasse on whether or not Google’s copying of the SSO of the APIs constituted fair use. Alsup will determine on that issue of fair use in the next week and then determine any damages Oracle can claim. 

Both parties had statements prepared at the conclusion of the proceedings. 

“Oracle presented overwhelming evidence at trial that Google knew it would fragment and damage Java. We plan to continue to defend and uphold Java’s core write once run anywhere principle and ensure it is protected for the nine million Java developers and the community that depend on Java compatibility,” Oracle said in a statement.

Google’s response touted the verdict not just as a win for Google, but a win for Android and its vast ecosystem.

“Today’s jury verdict that Android does not infringe Oracle’s patents was a victory not just for Google but the entire Android ecosystem,” Google stated.

Oracle had pinned its hopes on convincing the jury that Google was a no-good, dirty thief that damaged Java and its community by outright copying the language, its patents and APIs into Android. Oracle hoped that a jury would be more likely to award bigger damages than a single judge. Ultimately, that strategy failed. Yet, the fact that the jury did not come to a concrete decision in the copyright phase does leave a distinct opening for Oracle when it eventually appeals the verdicts in the case. 

The trial has been a soap opera of epic scale with two tech giants battling about the future of tech technologies (Java and Android) that are essential aspects of the technology landscape. Oracle came away the loser while Google can sit back and know that its investment in Android is safe… for now. While Oracle is the first company to sue Google directly over copyrights and patents, it is likely not the last. Patent battles between Microsoft, Apple and Android manufacturers are being fought across the globe. Many of those battles are attacks against manufacturers like Motorola, HTC and Samsung. In certain ways, the lawsuits against Android OEMs are proxy fights against Google itself.

Google now owns its own smartphone manufacturer with this week’s final approval of its acquisition of Motorola. Expect companies like Research In Motion, Microsoft and Apple to now come directly after Google in future lawsuits. 

For now, though, Google can celebrate knowing that it has defended Android, and millions, if not billions, of dollars in damages have been averted. 

 

Source: Google’s Triumph Over Oracle Is a Big Win for Android

Google’s Triumph Over Oracle Is a Big Win for Android

May 23rd, 2012 05:12 admin View Comments

The jury in Oracle’s patent case against Google delivered a unanimous verdict in favor of the search giant today, exonerating Google’s use of Java in Android and dashing Oracle’s dreams of millions of dollars in damages.

The trial was supposed to have three phases: copyright, patents and then damages. The jury delivered a partial verdict in the copyright phase, which means the decision to award damages in the copyright phase comes down to the judge, William Alsup. There will be no phase three and the trial, for all intents and purposes, is over. 

Oracle will appeal the result. It has millions of dollars tied up in legal fees and billions of dollars tied up in Java. To walk away empty handed will sting, and Oracle has proven that it is very committed to using the judicial system to make money from its acquisition of Java creator Sun Microsystems. 

While the jury has been dismissed, the issue of final damages that Google may have to pay Oracle is not yet finished. Judge Alsup has to decide on the copyright phase of the trial that the jury left unanswered when it delivered its verdict. The jury found that Google indeed copied the “structure, sequence and organization” (SSO) of 37 Oracle APIs related to Java. The jury came to an impasse on whether or not Google’s copying of the SSO of the APIs constituted fair use. Alsup will determine on that issue of fair use in the next week and then determine any damages Oracle can claim. 

Both parties had statements prepared at the conclusion of the proceedings. 

“Oracle presented overwhelming evidence at trial that Google knew it would fragment and damage Java. We plan to continue to defend and uphold Java’s core write once run anywhere principle and ensure it is protected for the nine million Java developers and the community that depend on Java compatibility,” Oracle said in a statement.

Google’s response touted the verdict not just as a win for Google, but a win for Android and its vast ecosystem.

“Today’s jury verdict that Android does not infringe Oracle’s patents was a victory not just for Google but the entire Android ecosystem,” Google stated.

Oracle had pinned its hopes on convincing the jury that Google was a no-good, dirty thief that damaged Java and its community by outright copying the language, its patents and APIs into Android. Oracle hoped that a jury would be more likely to award bigger damages than a single judge. Ultimately, that strategy failed. Yet, the fact that the jury did not come to a concrete decision in the copyright phase does leave a distinct opening for Oracle when it eventually appeals the verdicts in the case. 

The trial has been a soap opera of epic scale with two tech giants battling about the future of tech technologies (Java and Android) that are essential aspects of the technology landscape. Oracle came away the loser while Google can sit back and know that its investment in Android is safe… for now. While Oracle is the first company to sue Google directly over copyrights and patents, it is likely not the last. Patent battles between Microsoft, Apple and Android manufacturers are being fought across the globe. Many of those battles are attacks against manufacturers like Motorola, HTC and Samsung. In certain ways, the lawsuits against Android OEMs are proxy fights against Google itself.

Google now owns its own smartphone manufacturer with this week’s final approval of its acquisition of Motorola. Expect companies like Research In Motion, Microsoft and Apple to now come directly after Google in future lawsuits. 

For now, though, Google can celebrate knowing that it has defended Android, and millions, if not billions, of dollars in damages have been averted. 

 

Source: Google’s Triumph Over Oracle Is a Big Win for Android

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