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Lawsuit

Mother sues Google as child spends $66 on Android in-app purchases

Google Play - Android

A user named Ilana Imber-Gluck has decided to sue Google after her 5-year old son spent close to $66 via in-app purchases on the Marvel Run Jump Smash game. The core of the issue here is the 30 minute window between in-app purchases which doesn’t ask for a password whenever a purchase is made within the app. Mrs. Ilana reportedly wants to fight Google over this in the courts so as to avoid this from happening to others.

Funnily enough, the Google Play Store has a system in place where the user has to enter a password every time an in-app purchase is to be made, regardless of the time window. So it is possible that Ilana disabled this feature for her own convenience but forgot about it while letting her son use the device. Google has this feature in place by default with every Android device, so it doesn’t seem like Google is in the wrong. However, we could see the case being made that Google hasn’t educated its customers enough about this, so it will be interesting to see what the California courts think about this.

What’s your take on the issue?

Source: Law 360

Via: Android Police

Apple demanding $40 in licensing fees for every Samsung Galaxy device sold

Apple vs Samsung

Apple’s ongoing legal tussle with Samsung has taken a new turn with the Cupertino giant now asking for a ridiculous $40 per every Galaxy smartphone and tablet sold in the coming days. This comes after Apple alleged Samsung of infringing on five of its patents pertaining to autocorrect, slide to unlock, data synchronization, the ability to turn phone numbers into links and another patent related to unified search.

This is a tad surprising as Apple had demanded $30 per device for a lot more patents back in 2010, so it seems like the Cupertino giant is being a little too ambitious. FOSS Patents reports that traditionally, companies tend to pay not more than $10 in licensing fees, so the likelihood of this proposal being agreed to is very slim at the moment.

Apple reportedly wants Samsung to lift up the prices of its smartphones to accommodate for this hefty licensing fee, which would ultimately affect the customers. Samsung obviously will not take this seriously until the court passes an official verdict, so the Korean manufacturer has very little to worry about.

Do you think Apple’s demands are too extreme? Let us know in the comments below.

Source: FOSS Patents

Via: Cult of Android

French company sues HTC and LG over patent infringement allegations

HTCHTC and LG have been sued by France Brevets over NFC related patent infringement allegations. The exact patents which were infringed upon are as follows:

  • Antenna signal amplitude modulation method
  • Inductive coupling reader comprising means for extracting a power supply voltage

While there’s no clarity on what either of these patents mean or stand for, it’s clear that both LG and HTC are in the wrong. France Brevets handles licensing of patents owned by Inside Secure and as a result files patent infringement suits on its behalf. There’s no information as of yet on what this could mean for the future of infringing HTC and LG smartphones, but the company wouldn’t settle for anything less than damages and/or a permanent ban like Nokia asked for the HTC One Mini in the UK recently.

We hope the parties involved settle this out of court and we don’t have to see another sales ban of a popular Android smartphone. HTC has already been involved in a patent infringement battle and it wouldn’t want to get involved in another one.

Source: NFC World

Via: Android Beat

Apple Wins Proximity Sensor Lawsuit Against Motorola

[Photo Source: SiliconAngle]
[Photo Source: SiliconAngle]
Apple vs Motorola, Apple vs. Samsung, Apple vs. some Mexican I.T. firm (over iFone patent), Apple vs. Gradiente (Brazilian company who patented the iphone name) – these are only a few firms whom the Cupertino-based company clashed in the court. It seems that major companies are trying to dominate the market not only by the numbers but also by invoking their patents nowadays.

Unfortunately, the company founded by Steve Jobs had its many share of losses over the heated court battles. So, a significant amount money was lost and reputations were tainted over the process. The only clear winners after the fight were the lawyers who were paid a lot regardless of the victor. But this time, the company scored a win in the Apple vs Motorola case which was presented in the U.S. International Trade Commission.

The Subject of the Lawsuit

According to Bloomberg, the subject of the case was the alleged infringement of Apple of a series of patents owned by Motorola. The patents which were supposedly copied ranged from the technology to minimize static noise up to the function that would prevent the accidental activation of the touchscreen feature of the phone when it is in contact with the face or other parts of the body while being used in calls. If found guilty of copying any of the patents, Apple would risk losing the right to import its iPhone units in the U.S. soil.

The Result

The outcome would definitely mean a big loss to the company if the complainant won since U.S. is among Apple’s top markets. Plus, considering that the product in question is their flagship product, it definitely does not look good if the respondent was found guilty.

However, it was not the fate of iPhone to go down the drain in the U.S. market yet. The brainchild of the late Jobs prevailed from one patent in question to another.

About the Last Card of Google

In a report by Ars Technica, the last one to be presented in the court was Motorola’s Patent No. 6,246,862. The name of the patent was “sensor controlled user interface for portable communication device”. In other words, it is the proximity sensor which was mentioned in the early part of this article that prevented the activation of apps when close to the face.

I bet all the fingers of the top execs of Google had their fingers crossed during the course of the heated court confrontation because this would have been their last card that could topple the iPhone brand. But somehow, the late Apple CEO probably managed to ask for one miracle on the other side that guaranteed them a clean sweep.

The Reason

The ITC simply ruled that the concept of the patent was too obvious to be awarded patent protection said in a related news by Reuters. This is because the patent was already inherent in previous innovations the report added.

The Aftermath of the Apple vs Motorola Case

The spokesperson on the side of Motorola said that the company is reviewing its options after the ruling. On the other hand, Apple declined to comment on the matter.

Source: Ars Technica, Bloomberg and Reuters

The iPhone Found To Be Infringing On 3 MobileMedia Patents

judge-courtroom

We’ve seen Apple go to the courtrooms more often than any other company in recent times, and that’s because it holds a large number of patents which are often unintentionally infringed on by other companies. But today we have learnt that this time it’s Apple which has infringed on 3 patents jointly held by Nokia, Sony and MPEG-LA, according to a ruling passed by the jury in Wilmington, Delaware. It must be noted that Nokia, Sony and MPEG-LA have jointly formed a company known as MobileMedia to protect their patents.

Apple was taken to court in 2010 claiming that the company infringed on 14 of their patents, although only three eventually made its way to the court. And the jurors have sided by the petitioners (MobileMedia) and claimed that Apple have in fact infringed on their patents. CEO of MobileMedia, Mr. Larry Horn said – “We’re very pleased. We think it’s justified.”

If you want to go into details of the patents, these are the three patents in question – 6,070,068, 6,253,075, 6,427,078. MobileMedia also has ongoing patent suits with companies like HTC (11 patents) and RIM (12 patents), so one might say Apple has finally met its match. MobileMedia owns about 300 patents, so no day passes by when a new company accidentally infringes on their patent and the company takes them to court. It’s just fair business. However, in this case, Apple might appeal the ruling to a higher court. The three patents that Apple were claimed to be infringing on were pertaining to the “call handling and call rejection” as well as the phone’s camera. The only company to have famously won over Apple in a patent suit was Nokia back in 2011 which gained $608 million on a 3G related patent and license fees for future usage of the patent.

People have been often claiming that patent suits have largely handicapped innovation and rightly so. It is rather surprising how the Patent Authorities certify and approve certain patents from major companies like Apple. I guess it’s just how business is done these days. This doesn’t seem to be ending here though as Apple will look to retaliate and appeal. However, it’s probably wise for the company to settle and not drag this any further so as to avoid further embarrassment.

Source: Engadget
Via: WM Poweruser

Samsung Getting Ready To Invite The iPhone 5 Into The Apple vs Samsung Deathmatch

Oh boy, here we go again. I was waiting for when this would happen. Samsung is now living up to their statement earlier this month and is stepping into the deathmatch against Apple. After Apple had a massive victory over Samsung, the Korean tech giant vowed their revenge on Apple along with their most recent release, the iPhone 5. With that said, Samsung Electronics has told the courts to allow the iPhone 5 in their countersuit. In this most recent filing Samsung alleges Apple infringed on the same patents as their other handsets that includes the standards-essential 3G patents and some other specific feature patents. I think Apple could seriously be in for it here.

The countersuit is still developing, so at this point it is uncertain of whether or not the courts will allow Samsung to include the iPhone 5 in the list of devices that have been flagged. If it is not in the countersuit, I think we can all guarantee that Sammy will be starting up a completely new lawsuit against Apple over the iPhone 5. Then again, many believe that Samsung will be allowed to include the iPhone 5 amongst the many infringing devices, we should see it in there when both parties convene again this November. Ah, lawsuits. I’ve come to hate keeping up with the Apple vs Samsung one specifically. Honestly, if this lawsuit is going to continue to take place, I really think that they need a different Judge. While Koh did great with the lawsuit so far, you can really tell her patience is running low and really just wants to get this over with.

Whatever the case, when it comes down to it, it seems like Apple is trying to ban many of Samsung’s handsets for infringement, while on the flip side, Samsung is looked to try and ban multiple Apple devices on the basis of 3G and LTE standards. Man, is this all starting to get heated or what? We originally thought that the lawsuit might come to an end after the verdict, and we’d just see a couple of appeals, but it turns out that small battle is getting ready to turn into a outright war. When the two parties convene this coming November, I’m sure we can expect to see another epic saga.

Does anyone just want this deatchmatch to finally conclude, or should it go on in the name of Samsung? It really is crazy as to how long this is lasting, and at the same time was almost expected. While we all hoped for the verdict to turn out differently, Samsung is going to try and get their way in the court with this countersuit that actually might prove to be legitimate. Of course, adding the iPhone 5 to the list of infringing devices isn’t going to do much since within the first week of its release, everyone and their Mother went to go purchase one.

Any thoughts on this crazed lawsuit? Let us know in the comments below, we’d love to hear from you!

source: talk android

 

 

New Findings Show Foreman Had Bias In The Apple vs Samsung Lawsuit

It’s definitely no surprise that the recent Apple vs Samsung verdict made many fans of Android and iOS all over the world pretty angry. It’s also no surprise that Samsung not only disagrees with, but also plans on fighting Apple until their very death. It now seems as if Samsung Electronics, the Korean tech giant, now has additional firepower needed to contest the court’s ruling and be granted a retrial. Oh boy. We’re in for a big fight now. During the jury selection process, a foreman who happened to be part of the jury selection pool as a prospective juror had been originally asked if he will set aside everything that he currently knew about patent law, while being able to follow the court’s instructions and make an objective judgement based off the evidence that was put in front of the jury alone. The prospective juror whom was eventually selected to be part of the jury answered yes to the questions, as he had promised to follow the law and now use what he has known from any previous cases to this one.

Lawyers on both sides of the case have taken precautions to extensively check and analyze (carefully) the responses that were based off of the participants within the jury. Naturally, the foreman decided for some reason or another, that he would break his promise to follow the complete law and not have any sort of bias towards a company. Interviews that the foreman was in, proved that there was indeed bias in this case. So, now we have all of this out in the open, this could really turn out to be another huge feud. We’re also seeing the legal experts to begin presenting this information and facts, this is really giving Samsung Electronics a huge reason to aggressively push forward with contesting and appealing the recent verdict. If this was all bias, things could definitely turn out on the other side of things. However, Groklaw pointed out that there is “The tendency is for jury verdicts to stand, even if there is a problem.“ Samsung really has an insanely long battle ahead of them. Though, it may be worth it to keep a lot of their devices in the United States.

While we really thought this Apple vs Samsung verdict was coming to an end, we didn’t think this would of been the way that Samsung would of reignited it. A bit before the iPhone 5 released, Samsung Electronics claimed that they were going to use Apple for their LTE Connectivity. Of course, that was on the basis that Samsung’s patents were not FRAND. Still, Samsung may continue to sue Apple, but they surely want to get this $1+ billion fine off their backs in the most recent ruling. Apple has really been getting fired at lately, between Motorola, HTC and Samsung, Apple may not be in good shape as we saw all of the lawsuits move forward.

Buckle up everyone, we’re in for another long ride on the Apple vs Samsung bandwagon.

source: talk android

 

Apple Sues Online Polish Deli Over The Name “A.pl”

Apple has taken a dive for the worse (if they already haven’t). The company is taking a Polish online deli business to court due to the websites name. Their website resides at “a.pl” with “pl” being Poland’s country-wide domain. Apple has argued that the name is way to similar to their own and that customers are getting confused when heading over to the website.

According to Polish news outlets, this trial could last several years before it will finally get resolved. I’m really not sure why it will take so long for Polish courts to throw the claim out the window. The Droid-Life did an awesome article on this and their commenters are even better. Some of my favorites:

Tomorrow’s News: Apple sues farmers for growing apples. Consumer’s thought they were purchasing actually Apple products at the grocery store and the 3 week shelf life was tarnishing their reputation. – Butters619

“Apple sues God for creation of apples.” – Mike

“Just ruled this morning, “It was proven that Newton used a patented product without the expressed written permission from Apple, therefore, Apple Computers is now solely recognized as discovering gravity” – Trumpet444

These lawsuits have just become ridiculous. If Apple followers don’t realize how insane and stupid this is, I am ashamed to be apart of this society. Thankfully Android users at least have a head on their shoulders (you Windows Phone guys do too!).

Also, what is up with all of this frivolous spending from Apple? Don’t they care about their bank account? Surely if they keep this up they will go bankrupt from the hundreds of lawsuits they file on a daily basis.

source: Droid Life

Elderly Woman Breaks Her Nose At Apple Store, Sues For $1 Million Dollars

Manhasset Apple Store where Evelyn Paswall broke her nose (image: Apple)

An 83 year old woman slipped into the glass door at the Manhasset New York Apple store and broke her nose. She is now suing the Cupertino company for one million dollars.

Evelyn Paswall is a former Vice President for a Manhattan fur company. She is claiming that Apple is negligent for not elderly proofing their glass doors.  Evidently the Apple store in Manhasset had done such a great job of cleaning the glass that Paswall didn’t see the door and walked right into it.

“Apple wants to be cool and modern and have the type of architecture that would appeal to the tech crowd,” said her attorney, Derek T. Smith told the NY Post. “But on the other hand, they have to appreciate the danger that this high-tech modern architecture poses to some people.”

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Bieber Wars Over Android And iOS App

We wanted to take a break from the thrice weekly reporting on patent wars involving Apple and Motorola, Apple and Samsung, and Apple and HTC. Today we’ve got a great story about Justin Bieber and his attorneys who are hard at work trying to sue development studio RC3.

The creative minds at RC3 Inc have turned teen pop sensation Justin Bieber, into a beaver in a parody of sorts about Justin’s life.  In the game called “Joustin’ Beaver”, you are the Beav’s, no not like “Leave It To Beaver”, but rather, like Justin Bieber, just as a beaver.

The object of the game is to get Beaver to sign as many otter-graphs as possible, but he needs to constantly be looking out for the Phot-hogs who are out to get him.

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Noah Kravitz Speaks To TheDroidGuy About Phonedog Suit

As you’ve probably noticed because we are a twitter focused site and have nothing but good things to say about Noah Kravitz (or Aaron Baker for that matter) we started savenoahkravitz.com.

Kravitz, Editor at Large over at technobuffalo.com and Phonedog are involved in a lawsuit of sorts. As Kravitz says in our interview below, this was originally about money owed to him. In response Phonedog sued Kravitz over the twitter account @noahkravitz which was originally created by Kravitz as @phonedog_noah.

Noah lets set the record straight your writing career didn’t start or end at phonedog right?

I was first paid for an article back when I was in high school – I forget exactly, but I think it was my senior year, so that’s 1990-91. The Capital District Sports Review of Albany, NY hired me as a stringer. It was amazing. Now you can find my stuff on TechnoBuffalo.com

 

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Department Of Justice May Withdraw AT&T Lawsuit Which Would Be Bad News For Them

Typically withdrawing a lawsuit would be seen as a victory for the defendant but not in the case of the nations second largest wireless carrier AT&T.

The Department of Justice is considering whether or not to halt or withdraw it’s lawsuit against AT&T and their proposed merger with T-Mobile, the nations fourth largest wireless carrier. This seems like a no brainer as over Thanksgiving AT&T withdrew their application from the FCC to merge with T-Mobile and that’s exactly the reason cited by the DOJ to stop the lawsuit.

 

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Samsung Seeks Carrier Agreements And iPhone 4S Source Code In Australian Patent Case

Samsung is swinging like a warrior right now, demanding carrier agreements from Australia’s three major telcos as well as the source code for the iPhone 4S.  Samsung is seeking an injunction for the sale and import of Apple’s newest iPhone in Australia and their legal counsel has requested this documentation to make their case for an interlocutory injunction.

“It goes to show [that] since the iPhone 3G was made available in Australia in July 2008, the impact on the market for every iPhone product has been significant, and has lead to a substantial increase … in market share by revenue,” Samsung’s legal counsel Cynthia Cochrane told the court.

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Samsung Largest Mobile Phone Maker In The World In Q3 2011

It’s no secret that there is an intense war going on between Samsung Mobile and Apple. They are taking each other on in patent courts around the world.  Steve Jobs, made no bones about it when speaking to author Walter Isaacson in his recent biography. Jobs feels that Android is stealing from Apple. In that group, Samsung is included, as the largest supplier of Android devices in the world.

Now according to Gartner research gathered by The Guardian, it seems that Samsung has surpassed both Apple and Nokia in becoming the largest mobile phone manufacturer in the world according to revenue (where it counts).  With it’s recently launched Samsung Galaxy S II selling over 10 million units already, Samsung Telecommunications was able to pull off a record breaking quarter with $13.5 billion dollars in sales, which was up 37% from the same quarter last year. That quarter of course including the original Samsung Galaxy S.

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