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All posts tagged "legal"


Wednesday, March 3, 2010

Apple Sues HTC

Posted by Jeff Campbell in "Apple iPhone & iPod Touch" @ 11:00 AM

http://theappleblog.com/2010/03/02/...+(TheAppleBlog)

"While Tuesdays are known for Apple product launches, today the company announced not a new Mac but a lawsuit over patent infringement related to the iPhone. The target was mobile phone maker HTC, and none other than Steve Jobs was making the accusations."

According to Steve Jobs, "We can sit by and watch competitors steal our patented inventions, or we can do something about it. We've decided to do something about it. We think competition is healthy, but competitors should create their own original technology, not steal ours." Lately it has been Apple on the receiving end, such as when Nokia sued Apple in December, so this time it is kind of interesting that Apple is tossing down the gauntlet. The phones involved or named in the suit include Google's Nexus One, the T-Mobile G1, the Droid Eris, the Touch Diamond, the Touch Pro2, and the Imagio. Apple obviously considers this a serious enough breach to warrant a lawsuit. You can see more details specific to the lawsuit at cnet. Or if you want to see what Jason and the gang think head on over to our sister site, Windows Phone Thoughts


Wednesday, December 16, 2009

Court Sides With Apple Over Psystar

Posted by Jeff Campbell in "Apple News" @ 12:00 PM

http://news.cnet.com/8301-13579_3-1...subj=News-Apple

"After 17 months of litigation, the hammer has finally fallen on Psystar. The U.S. District Court for the Northern District of California on Tuesday granted Apple's request for permanent injunction against the Mac clone maker. This bars Psystar from peddling PCs with the Mac OS X operating system preinstalled, from circumventing the technological measures Apple uses to prevent unauthorized copying of Mac OS X, and from assisting others in doing so."

The judge gave Psystar until midnight on December 31st, 2009 to comply with the ruling. However it wasn't a complete win or Apple, since the Rebel EFI program was not part of the judgement. It isn't a complete knock out, and the way this is going I don't expect Psystar to just roll over and play dead. I'm sure we will hear more about this, especially as the deadline approaches. You can read the entire judgement here.


Tuesday, December 15, 2009

Nokia v. Apple or Apple v. Nokia?

Posted by Jeff Campbell in "Apple News" @ 12:00 PM

http://www.macworld.com/article/145...products_iphone

"Apple announced on Friday that it is countersuing Nokia in yet another ongoing patent dispute. As you may recall, Nokia first sued Apple in Delaware District Court back in October, laying claims that the iPhone violated ten different patents owned by the Finnish cell phone company. These patents cover technologies that are at the basis of a cell phone's functions, such as the various interfaces required to connect to a GSM network, transmit data, and encode voice information."

Image Credit: appletell

And now Apple has fired back, counter-suing with 13 patents they allege were infringed upon by Nokia. No list available on exactly which patents, but Apple's General Counsel Bruce Sewell did say this: "Other companies must compete with us by inventing their own technologies, not just by stealing ours." What say you Nokia?


Friday, December 11, 2009

Judge Rules Against Apple

Posted by Jeff Campbell in "Apple News" @ 07:00 AM

http://www.macobserver.com/tmo/arti...ip_patent_case/

"OPTi, a former semiconductor vendor that now exists to license its chipset intellectual property, last week received a US$21.7 million judgment against Apple in a ruling by Judge Chad Everingham in the Eastern District of Texas. In determining that Apple did not willfully violate OPTi's patent, the judge granted a $19 million infringement reward and an additional $2.7 million in pre-judgment interest."

Image Credit: iphonenano.net

Apple isn't the only one that is in OTPi's sights as they plan on going after AMD next. You can view the press release from OPTi here, and I'm sure this is no surprise, but Apple plans to appeal the ruling.


Wednesday, December 2, 2009

Psystar v. Apple, An Update

Posted by Jeff Campbell in "Apple Software (OS X)" @ 07:00 AM

http://www.cultofmac.com/report-app...w+(Cult+of+Mac)

"Florida-based Psystar and Apple will submit Tuesday a partial court settlement to the long-running Mac copyright-infringement legal battle, according to a report. Psystar, which had sold Mac clones based on Intel hardware with Apple's Mac OS X operating system pre-installed, will pay unspecified damages."

The latest in the legal battle that was set for a January 2010 showdown in court has Apple dropping most of it's legal challenge to Psystar. According to the paperwork, "This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple's copyright claims." So Psystar agrees to pay as yet to be named damages, but they haven't given up on the fight. In their paperwork they want to exclude their Rebel EFI application that allows Intel-based PCs to use Mac OS X 10.6 Snow Leopard, asking that it be excluded from any injunction that Apple is awarded. I like that they are willing to fight, what are your thoughts on their chances? Keep in mind this has been going on since July of 2008 and Psystar is still kicking, longer than I thought they would be around.

Update: Psystar has stopped selling everything except for the Rebel EFI application on their website, having marked the Mac clone models as "out of stock" per this article from Macworld. This after agreeing to pay Apple $2.7 million USD in a partial settlement.


Monday, November 16, 2009

Judge Sides With Apple Over Psystar

Posted by Jeff Campbell in "Apple News" @ 08:00 AM

http://feedproxy.google.com/~r/appl...~3/NOUbzpp5R7A/

"The Apple vs. Psystar lawsuit isn't going well for the "open computer" maker, as the judge in the California lawsuit has granted all of Apple's summary decision requests, and denied all of Psystar's."

Basically the judge denied Psystars claim under "first sale" doctrine, which gives the owner of a legally obtained copy of software the right to sell it. To simplify things, in Psystar's case they purchased the software, made copies without permission, and sold the copies so the judge sided with Apple. But it still isn't over as they are still going to court to figure out several issues including "Apple's allegations of breach of contract; induced breach of contract, trademark infringement; trademark dilution; trade dress infringement; and state unfair competition under California Business and Professions Code § 17200; and common law unfair competition." You can read the full decision here.


Friday, October 23, 2009

Nokia Goes After Apple

Posted by Jeff Campbell in "Apple News" @ 08:00 AM

http://apple-investor.com/blog/2009...phone-tech.html

"Nokia isn't happy with the iPhone. In a suit filed today in U.S. District Court, Nokia claims that Apple has violated 10 of Nokia's wireless technology patents. The company says the patents "relate to technologies fundamental to making devices," that are compatible with the GSM, UMTS, or 3G WCDMA, and wireless LAN standards."

Image Credit: The Mac Observer

Ouch! Nokia claiming Apple has been in violation of these patents with the iPhone since about 2007. They claim they haven't been compensated by Apple for using technology that Nokia claims to have spent over $60 billion USD in research creating. In an interesting related article over at The Mac Observer, one viewpoint is that this is a preemptive strike since Nokia plans to come out with their own version of a touch screen phone in the near future. Who knows really, but the investors aren't too worried, Apple up again about $0.30 USD today.


Tuesday, October 6, 2009

Psystar Adds Fuel to the Fire

Posted by Jeff Campbell in "Apple News" @ 08:00 AM

http://www.tuaw.com/2009/10/05/psys...ite-legal-woes/

"Legal issues? What legal issues? Psystar has announced that it plans to license its virtualization technology for OS X to third-party vendors despite its continuing legal issues with Apple."

Talk about poking the bear. What they are preparing to do is license third-party vendors to sell Psystar machines that have been certified to use the Darwin Universal Boot Loader to load OS X. Whatever you think of Psystar, they certainly aren't waiting around for the court case to end before they make some moves. The case is supposed to trial in January 2010.


An Apple or Another Piece of Fresh Produce?

Posted by Jeff Campbell in "Apple News" @ 07:00 AM

http://www.theage.com.au/business/a...91005-ghzr.html

"WOOLWORTHS insists its new logo is a stylised ''W'' or a piece of fresh produce. Apple thinks it is an apple, and the California-based technology company wants to stop Australia's largest retailer from using it."

A "W" or a piece of fresh "produce?" Um, yea, well the fresh produce certainly looks like what we refer to in orchard country as an apple. I thought the quote from the designer of the logo, Hans Hulsbosch, was rather humorous: "Based on this logic, they would have to take action against every fruit seller" when referring to the Apple complaint. Well Hans, only if other fruit sellers also sold electronics.


Thursday, September 24, 2009

Palm at Fault?

Posted by Jeff Campbell in "Apple News" @ 10:00 AM

http://www.tuaw.com/2009/09/23/usb-...plaining-to-do/

"Didn't you hate it when you were a kid, and you would complain to an adult about something one of your siblings was doing, just to end up getting yourself in more trouble than they ended up in? Well, you might say that's exactly what is happening to Palm and their ongoing dispute with Apple over the Pre's ability to sync with iTunes."

So Palm files a complaint with the USB-IF (USB Implementers Forum) about Apple "violating the letter and spirit of the USB-IF Membership Agreement" and the USB-IF appears to be taking the side of.... wait for it ..... Apple. In fact the USB-IF is hinting that Palm may be in violation of the agreement instead! Interesting.

Tags: hardware, , legal, usb, palm pre

Legal Wrangling over "Pod"

Posted by Jeff Campbell in "Apple News" @ 08:00 AM

http://www.wired.com/gadgetlab/2009/09/video-pod/

"We assure ourselves that words will never hurt us, but they can cost a lot of time and money when it comes to trademark battles. Take the story of Daniel Kokin, who is continuing to fight Apple over a three-letter word: Pod."

This guy has been working on what he calls the "Video Pod" for over 9 years, a device that is designed to play video from DVD players and other devices but surprisingly enough not from iPods. Perhaps that is why Apple is so upset, he left them out of the loop. Seriously though, they think the name "pod" is going to confuse some people and that consumers believe anything with "pod" in it is made by Apple. That is a stretch, but at least Kokin will get his day in court as the summary judgement Apple requested was denied. This is just silly of Apple, and a waste of time and money. Or perhaps I'm off base. What are your thoughts?


Monday, August 24, 2009

Apple's Reply to the FCC Over App Store Approval Process

Posted by Jeff Campbell in "Apple News" @ 12:00 PM

http://www.macworld.co.uk/mac/news/...fm?newsid=26972

"Apple has sent a long press release responding to questions raised by the Federal Communications Commission over Apple's App Store and its application approval process."

Image Credit: Wikipedia

Apple goes question by question (after a lengthy explanation of the situation from their perspective) and reprints the FCC's questions as well as the answer that Apple submitted. You can read the entire document at Apple, if you are so inclined. 


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