Alongside its ITC complaint, Samsung has filed a patent infringement lawsuit against Apple in federal court in Delaware. FOSS Patents reports that the suit covers the same five patents as the ITC complaint, which relate to CDMA and mobile packet data transmission, a method for dialing in a smartphone, storing and reproducing digital audio data, and manipulating and viewing digital documents. As noted in the report, such lawsuits—often referred to as “companion lawsuits”—are quite common, as the ITC can order an import ban, but cannot award damages. Should the ITC agree to investigate Samsung’s claims, this suit would likely be stayed until the ITC makes a ruling.
The U.S. International Trade Commission (ITC) has issued a mixed verdict in Kodak’s patent dispute with Apple and RIM. The AP reports that the agency essentially agreed with one of its judges who threw out Kodak’s claims, but did find limited patent infringement, and sent some matters back to the judge for further review. The commission revised its definitions for “motion processor” and “still processor”, asking the judge to decide whether Kodak’s patent was infringed under the new definitions, and also found that Apple and RIM had infringed on a patent related to “initiating capture of a still image while previewing a motion image.” It did not rule on any penalties; a revised decision is expected no earlier than August 30.
Nortel Networks has announced that it has ended its multi-day auction of all the company’s remaining patents and patent applications, with a multi-company consortium placing the winning bid of $4.5 billion. The consortium includes Apple, EMC, Ericsson, Microsoft, Research In Motion, and Sony. According to the press release, the sale includes more than 6,000 patents and patent applications “spanning wireless, wireless 4G, data networking, optical, voice, Internet, service provider, semiconductors and other patents.” The sale will be subject to applicable Canadian and U.S. approvals to be sought at a joint hearing on July 11; the involved companies will work to close the sale in the third quarter of 2011.
“Following a very robust auction, we are pleased at the outcome of the auction of this extensive patent portfolio”, said George Riedel, Chief Strategy Officer and President of Business Units, Nortel. “The size and dollar value for this transaction is unprecedented, as was the significant interest in the portfolio among major companies around the world.”
Samsung has filed a complaint against Apple with the U.S. International Trade Commission (ITC), the latest move in its ongoing legal battle with the Cupertino, CA-based iPhone-maker. The complaint covers “Mobile Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computer,” which FOSS Patents takes to mean that Samsung is seeking an import ban against the iPhone, iPad, and iPod. The ITC has yet to agree to investigate the complaint, but should they do so—an outcome the report suggests is “pretty certain”—a final decision would be reached within 16 to 18 months.
Apple has revealed that it will announce its third fiscal quarter results on July 19. As usual, the release will be followed by a conference call to discuss the financial results, which will begin at 5:00 p.m. Eastern Time. iLounge will be providing coverage of the call. Depending on the release date for OS X Lion, the call may serve as an announcement platform for first-week sales of the new operating system, and may also provide clues as to the launch schedules of iOS 5 and next-generation iPhones and iPods.
Apple will tap Taiwan Semiconductor Manufacturing Company (TSMC) to produce its next-gen “A6” ARM-based System-on-a-Chip sometime in 2012, according to a new report. Citing multiple sources inside the semiconductor industry, Ars Technica reports that the move is partially the result of increasing tension between Apple and Samsung, which are involved in a heated patent dispute with opposing lawsuits in multiple countries. As noted in the report, rumors of a partnership between Apple and TSMC date back to 2011, and it was been suggested that Apple was working with TSMC to move its mobile processors to the foundry’s 28nm process; Samsung currently produces the A5 chip using a 45nm process.
Apple has posted the second beta version of iOS 5. Available to paid iOS developers, the release—listed as build 9A5248d—includes support for Wi-Fi Sync. As noted by Mac Rumors, the release notes state, “In iOS 5.0 beta 2, wireless syncing is now available for the Mac. It requires iTunes 10.5 beta 2 and OS X 10.6.8 or Lion. You will see an option to enable wireless syncing when you connect your device to iTunes with the USB cable. It is recommended you perform your initial sync with a cable after restoring your device.”
The text continues, “Wireless syncing is triggered automatically when the device is connected to power and on the same network as the paired computer. Or, you can manually trigger a sync from iTunes or from Settings -> General -> iTunes Sync (same network as paired computer required). Be sure your device is plugged into a power source when performing Wireless syncs. If you find issues with apps, media and/or photos synced to your device, you can reset then resync. From Settings -> General -> Reset, choose Erase all Content and Settings. Then reconnect to iTunes and sync again. In this beta, iTunes may incorrectly report Photos as ‘Other’ in the capacity bar. Photo syncing otherwise works as expected.” In addition to iOS 5 beta 2, iTunes 10.5 beta 2 and Apple TV Software beta 2 have also been released; all three are available from the iOS Dev Center.
Apple has posted a new frequently asked questions (FAQ) article regarding the transition from MobileMe to iCloud. The document confirms that users will be able to access iCloud Mail, Contacts, Calendars, and Find My iPhone via the web at icloud.com after the service launches this fall. It also states that users will be able to keep their current .me or .mac email addresses, and move their MobileMe mail, contacts, calendars, and bookmarks to the new service, with further details to come once the iCloud service comes online. iWeb publishing, MobileMe Gallery, and iDisk services will not be available in iCloud, according to the FAQ; those services will be available until the June 30, 2012 MobileMe shutdown date.
The U.S. International Trade Commission (ITC) has announced [PDF Link] that a final decision in Kodak’s patent infringement case against Apple and BlackBerry-maker Research In Motion will be delayed a week. The decision, which was expected yesterday, will now be handed down on June 30; no reason was given for the delay. In January, ITC Judge Paul Luckern said in his preliminary findings that Apple’s iPhone and RIM’s BlackBerry devices do not violate a Kodak patent covering a common image preview feature, however, those findings are still subject to review by the six-member commission, which will issue its final ruling next week.
As part of its ongoing patent dispute with Samsung, Apple has filed a lawsuit against Samsung in its home country of South Korea. The Wall Street Journal reports that in its complaint, Apple makes the same product-copying clains that it made in its U.S. suit, namely that many of Samsung’s recent Android-based smartphones and Galaxy Tab tablets copy the look and feel of the iPhone and iPad, respectively. The report also notes the deep relationship between the two companies when its comes to components, as Apple is its largest customer when it comes to flash memory, microprocessors, and flat-panel screens.
Apple has posted its complete library of session videos from its 2011 Worldwide Developers Conference. Available only to registered developers, the library includes 110 videos which cover a wide range of topics relating to iOS and OS X, including Game Center, iCloud, and AirPlay. The videos are available for viewing in Safari from developer.apple.com/videos, or as free downloads from iTunes.
The Bluetooth Special Interest Group (SIG) has announced that Apple has joined its board of directors. According to the release, Apple, along with Nordic Semiconductor, will join Intel, Motorola, Lenovo, Nokia, Microsoft, Ericsson AB, and Toshiba on the Bluetooth SIG board. The release indicates that insight from Apple on platform development will help a smooth growth trajectory of Bluetooth v4.0 into the areas of hubs that capture data from small sensors and turn that data into useful information.
“We see the importance of platform development and ultra-low power sensor silicon for Bluetooth technology and believe guidance and board participation from Apple and Nordic, industry leaders in these perspective fields, is essential,” said Michael Foley, Ph.D., executive director of the Bluetooth SIG. “We have set the ambitious goal of shipping five billion devices in 2015 – to get there we must continue to build a technology that will offer a simple and secure solution that can be found everywhere, in every type of device. These additions to our board will ensure we succeed in new markets we have targeted for growth.”
Apple has received approval from U.S. antitrust regulators to bid for the assets of now-bankrupt Nortel Networks, according to a statement released by the Justice Department. Citing a person familiar with the situation, Bloomberg reports that the Antitrust Division of the Justice Department reviewed and approved Apple’s request to bid for a number of the defunct company’s patents, although it will continue to review any anticompetitive issues that could arise if an agreement is reached. Reuters reported last December that Apple was expected to bid on the patents, which pertain to third- and fourth-generation wireless technology such as Long Term Evolution (LTE), optical and data networking, Internet video, Internet advertising, voice technologies, and personal computers.
Evidence that Apple is building its own mapping service has been found in the first beta version of iOS 5. Mac Rumors reports that the legal disclaimers found in iOS 5 hold a new section called “Map Data,” which is separate from Google’s own legal terms for its map data. In the new section, references to various companies are found. Those companies include Core Logic, a company offering Parcel data that marks boundaries of properties for positional accuracy, Getchee, which offers positional and market data for the Chinese, Indian, and Southeast Asian markets, Increment P Corp, a company providing location and traffic data for Japan, MapData Sciences, which provides mapping data for Australia and New Zealand, and DMTI, which provides postal code data for Canada. The list also includes TomTom, which provides global TeleAtlas mapping data—also licensed by Google for its map solution—Urban Mapping, a company that provides in-depth neighborhood data and was a prior partner of PlaceBase, a mapping company acquired by Apple in 2007, and Waze, which offers real-time maps and traffic information based on crowd-sourced data.
What the inclusion of these companies in the iOS 5 legal disclaimers means for iOS 5 users is unclear, given Google’s claim that Apple has recently renewed its Map partnership with Google, however it appears that Apple is continuing to work on its own mapping service, even as it continues to include Google Maps in its iOS devices.
Apple is facing some difficulties in its suit to stop Amazon from using the “appstore” name for its Android application store. Reuters reports that District Judge Phyllis Hamilton said during a hearing yesterday that she would reread some of the supporting papers in the case, but added that Apple has a “stumbling block” in proving that anyone would confuse its App Store with Amazon’s Appstore for Android. As such, Hamilton did not make a final ruling, nor did she give any date as to when a ruling might be handed down. Apple sued Amazon over its use of the “App Store” trademark in March, claiming both trademark infringement and unfair competition. [via MDN]
Apple has been awarded a broad, comprehensive Multi-Touch interface patent that experts believe may give it the upper hand in disputes with rivals. Entitled “Portable multifunction device, method, and graphical user interface for translating displayed content,” the patent describes a device with “a touch-sensitive display (also known as a ‘touch screen’) with a graphical user interface (GUI), one or more processors, memory and one or more modules, programs or sets of instructions stored in the memory for performing multiple functions. In some embodiments, the user interacts with the GUI primarily through finger contacts and gestures on the touch-sensitive display. In some embodiments, the functions may include telephoning, video conferencing, e-mailing, instant messaging, blogging, digital photographing, digital videoing, web browsing, digital music playing, and/or digital video playing.”
The patent is broad enough in its wording as to cover not only phones, but also tablets such as the iPad and media players like the iPod touch. In speaking with PC Magazine, Florian Mueller, author of FOSS Patents, indicated that the implications of the patent could be far-reaching. “This patent covers a kind of functionality without which it will be hard to build a competitive smartphone,” said Mueller. “Unless this patent becomes invalidated, it would allow Apple to stifle innovation and bully competitors.” The patent application was originally filed on December 19, 2007 and is credited to Francisco Ryan Tolmasky, Richard Williamson, Chris Blumenberg, and Patrick Lee Coffman.
Federal judge Lucy Koh has denied Samsung’s request for early access to product samples of the next-generation iPad and iPhone in its patent infringement case with Apple. According to FOSS Patents, Koh explained in her decision that while Samsung was entitled to “parity” in relation to Apple’s request for samples of certain unreleased devices, samples of those devices have been in circulation, while Apple has not yet announced any details of its next-generation iPhone or iPad. Despite the favorable ruling, the decision also contained a passage that the report suggests is a hint to Apple that it may not be able to get a preliminary injunction against the sale of the targeted Samsung products in the U.S. at this time.
“Samsung is free to argue, for instance, that there is little likelihood of confusion because consumers will not encounter its products side-by-side with the iPhone 4 or iPad 2, but rather with Apple’s next generation iPhone and iPad,” Koh said. “Similarly, as to proximity, Samsung is free to argue that because the iPhone 4 and iPad 2 will soon be outmoded and reduced in price, they are not being sold (or very soon will not be sold) to the same class of purchasers who are likely to buy new Samsung products. By choosing to allege infringement only of its current products, Apple opens itself up to these arguments.” The report goes on to suggest that Apple may wait until after it publicly announces the next-generation iPhone to proceed with an injunction request, at which time it could display the handset to the court and avoid any such issues.
John Herbold, former Senior Product Manager for the iCloud team at Apple, has left the company to join the youth health organization HealthTeacher. In a press release from HealthTeacher, Herbold is credited with playing a key role in the creation, development, and launch of iCloud, and for leading the development of the service’s Photo Stream feature. Herbold will serve as Vice President of Product at HealthTeacher.
“To dramatically bend the curve on youth health, we must create engaging and innovative experiences that make good health cool and aspirational—all while encouraging kids to move beyond the screen and be more active,” said John Herbold. “HealthTeacher is already playing a significant role in improving youth health through its work with teachers and schools. I look forward to leading the effort to enhance digital engagement that will equip our youth for a more successful future.” He added on his LinkedIn profile, “I’ve been fortunate enough to define, ship and market a variety of products for one of the world’s most admired product companies. That opportunity was a great privilege. Now I get to take that experience and apply it to the enormous challenge of materially improving youth health.” [via 9 to 5 Mac]
Apple has started to air its latest TV commercial for the iPad 2. Entitled “Now,” the 30-second spot is similar in tone to the company’s first to iPad 2 commercials, and features a narrator—Peter Coyote—saying, “Now we can watch a newspaper, listen to a magazine, curl up with a movie, and see a phone call. Now we can take a classroom anywhere, hold an entire bookstore, and touch the stars… because, now, there’s this.” The commercial is available for viewing on Apple’s website.
Apple has amended and expanded its complaint against Samsung ahead of a ruling as to whether or not Apple will receive samples of upcoming Samsung devices. FOSS Patents reports that new language in the amended complaint portrays Samsung as being “even bolder” than other competitors in copying Apple’s designs and has created “products that blatantly imitate the appearance of Apple’s products to capitalize on Apple’s success.” Apple also added a portion explaining the time and work that went in to create the basic iPhone look and feel, as well as examples from journalism which directly call out certain Samsung products as being copies.
Added to the devices listed in the prior complaint—the Samsung Captivate, Continuum, Vibrant, Galaxy S 4G, Epic 4G, Indulge, Mesmerize, Showcase, Fascinate, Nexus S, Gem, Transform, Intercept, and Acclaim smart phones and the Samsung Galaxy Tab tablet—are the Droid Charge, Exhibit 4G, Galaxy Ace, Galaxy Prevail, Galaxy S (i9000), Gravity, Infuse 4G, Nexus S 4G, Replenish, Sidekick, Galaxy Tab 10.1, and Galaxy S II (aka Galaxy S 2). Finally, Apple also removed two utility and one design patents from the complaint while adding three utility and five design patents, and also clarified its trade dress claims to make clear distinctions between different product generations.