A judge in Netherlands’ The Hague has ruled that the Samsung Galaxy S, S II, and Ace infringe on an Apple patent, and has banned their sales in any EU country where the patent in question is valid. iPhoneclub.nl (Translated Link) reports that the ban will take effect in mid-October, and is related to European patent number EP 2058868, which describes scrolling through a picture gallery using finger gestures on a touch screen. Notably, the ban does not include Samsung’s Galaxy Tab tablet computers.
Samsung has filed its opposition to Apple’s motion for a preliminary injunction in the United States, and in doing so has cited a sci-fi classic as evidence that the iPad’s design existed well before Apple’s patent covering it. Florian Mueller of FOSS Patents reports that in its briefing, Samsung cited a pair of devices shown during Stanley Kubrick’s 2001: A Space Odyssey as valid prior art for a certain iPad-related design patent. “In a clip from that film lasting about one minute, two astronauts are eating and at the same time using personal tablet computers,” the briefing reads. “As with the design claimed by the D’889 Patent, the tablet disclosed in the clip has an overall rectangular shape with a dominant display screen, narrow borders, a predominately flat front surface, a flat back surface (which is evident because the tablets are lying flat on the table’s surface), and a thin form factor.” While the actors are seen interacting with the tablets as they would static video screens, the scene does not show the devices running an OS, applications of any sort, or otherwise performing other tasks one would associate with an iPad. The clip is available for viewing below. [via MDN]
Apple has released iTunes 10.4.1, the latest update to its digital media management software. According to Apple’s release notes, the new version fixes a problem where the media keys on some third-party keyboards would work inconsistently, addresses issues with adding artwork to songs and videos, resolves an issue which may cause iTunes to become unresponsive when purchasing an HD movie, fixes a problem where iTunes may take longer than expected to open after waking your Mac from sleep, and addresses issues with VoiceOver support. iTunes 10.4.1 is available now via Apple’s Software Update utility or as a free download from apple.com/itunes.
Apple has dropped its pricing on refurbished first-generation iPad units, offering them for as low as $299. As of the time of this writing, 16GB Wi-Fi only refurbished units are priced at $299—although currently out of stock—while 32GB units sell for $399 and 64GB models are priced at $499, with the latter pair listed as in stock and shipping within 24 hours. Wi-Fi + 3G models are also available and sell for a $100 premium over their Wi-Fi only counterparts.
Apple has released the sixth beta version of its upcoming iOS 5 operating system for the iPad, iPhone, and iPod touch. Listed as build 9A5302b and available exclusively to paid iOS developers, the release does not appear to include any major changes from prior versions, and is once again accompanied by matching beta versions of the iOS 5 SDK, iTunes 10.5, and Apple TV Software. iOS 5 beta 6 is now available to paid iOS developers from the iOS Dev Center.
Apple has quietly removed the “Back Up to Disc” feature in iTunes 10.4, as indicated in a recently updated Apple Support article. First introduced in iTunes 7, the Back Up to Disc feature allowed users to backup all or a portion of their iTunes library to optical media such as CD or DVD, preserving library metadata such as playlists, play counts, and ratings in the process. This feature is no longer available in iTunes 10.4, with Apple now suggesting that users instead backup their iTunes Library manually to an external hard drive or that Mac OS X users can rely on Time Machine to provide this capability. It appears that iTunes 10.4 will continue to read backup media created with this feature in prior versions of iTunes, but is unclear whether this support will continue in future versions.
Apple has been sued in China by customers who claim to have been given refurbished iPhone 4 units after paying for brand new devices. Citing a report from Chinese-language Sina Tech, M.I.C. Gadget reports that at least six customers who purchased iPhone 4 units from Beijing Apple stores reported that their registered warranties were less than the full year promised by Apple, and that their supposedly new units had scratches, leading them to believe that Apple had sold them refurbished units.
Two customers filed lawsuits, both claiming that they purchased 16GB black iPhone 4 units from the Xidan Joy City Apple Store in Beijing on July 9, 2011, complete with a receipt. One of the customers claims to have discovered that her iPhone 4 carried a warranty expiration date of January 28, 2011, just over six months from the date of purchase. Upon making this discovery, the women supposedly called counterfeit goods activist Wang Hai, who subsequently filed the lawsuit on their behalf.
Apple’s VP of Mobile Advertising Andy Miller will soon leave the company to join a venture capital firm, according to a new report. Citing sources close to the situation, AllThingsD reports that Miller will become a general partner at Highland Capital, a Boston-based venture firm. Notably, it was Highland that back Quattro Wireless, the mobile advertising company co-founded by Miller in 2006 and acquired by Apple in early 2010. The report states that Apple will search for a replacement for Miller, and that the staff was told of his departure today.
Apple’s online stores have been hit with an extended outage today, leading to speculation as to what might be behind the downtime. According to various reports and iLounge observations, the U.S. online store went down sometime prior to 8:00 a.m. Eastern Time this morning, and is still down at the time of this posting. Additionally, Apple’s normal placeholder image—“We’ll be back soon”—is rarely being seen, as the site is not loading at all for most users. As most online Apple Store outages feel carefully structured, coinciding with anticipated product launches, the disappearance of the Store this morning suggests that Apple may be facing data center or network problems, or that a significant backend overhaul is taking place. We’ll update this story when the store reappears to report on any changes.
Update: The store is back up in some areas and appears to be loading faster than before, but no other changes are immediately noticeable.
Apple has been sued in South Korea by a group of roughly 27,000 people claiming the company invaded their privacy by allowing their iPhones to collect location data without their consent. Bloomberg reports that the class action suit, which was filed in Changwon, south of Seoul, is seeking 1 million won—roughly $930—per person in damages. Apple was fined earlier this month by the Korea Communications Commission over the same issue, and was ordered to pay a 3 million won for its actions. According to Apple, iPhones running iOS 4 were for some time “maintaining a database of Wi-Fi hotspots and cell towers around [the user’s] current location, some of which may be located more than one hundred miles away from [the user’s] iPhone, to help [the user’s] iPhone rapidly and accurately calculate its location when requested.” When the file containing the database was initially discovered, it set off a wave of speculation that Apple was secretly tracking the locations of its users, something the company expressly denied in its subsequent Q & A document.
Apple has plans to invest in a Sharp Corp factory in order to secure a supply of LCD screens for iPhones and iPads, according to a new report. Citing sources familiar with the matter, Reuters reports that the move has spurred speculation that Apple may move to diversify its range of suppliers in light of its ongoing legal dispute with Samsung. “If the situation escalates into a state of war, this could mean a huge shift in orders,” said one of the sources. The report notes that Sharp has already secured a contract with Apple to supply “power-efficient” screens for the sixth-generation iPhone, due in 2012. According to the report, Japanese media have said Apple’s investment may be as large as $1.3 billion; Sharp officials could not be reached for comment.
AT&T has installed 4G LTE equipment in at least one “major” Apple retail store, according to a new report. Citing an anonymous source, Engadget reports that one piece of the equipment supports only the 700MHz and AWS bands—both of which AT&T plans to use for its LTE network should its acquisition of T-Mobile receive regulatory approval. The picture accompanying the post is unfortunately of little use, as it does not show any specific, device-identifying labels, nor does it offer up any evidence suggesting that the photo was taken inside an Apple retail location. The report goes on to claim that the Apple Store in question, and all those in the region, are now trying to increase staffing by roughly 30 percent, for reasons unrelated to the company’s traditional holiday-season hiring.
Taiwan-based HTC has filed a lawsuit against Apple in U.S. District Court in Delaware, claiming patent infringement. According to a Reuters report, the complaint claims that Apple infringes on three HTC patents through the sale of Macintosh computers, iPads, iPods, iPhones, and “other devices,” and seeks an injunction against Apple’s importation and sale of the devices, compensatory damages, triple damages for willful infringement, and other remedies. The legal battle between the two companies dates back to March 2010 when Apple filed a patent infringement suit against HTC; HTC has since filed a complaint against Apple with the U.S. International Trade Commission, while Apple has filed two such complaints against HTC. Last month, the ITC ruled in Apple’s favor in one of the complaints, prompting HTC to say that it was “open to having discussions” with Apple in the hopes of reaching a settlement.
Apple and Starbucks have expanded their long-running “Pick of the Week” promotion to include apps. The promotion, which debuted in April 2008, has offered a complimentary song or music video every week as a free download for Starbucks customers, via a card with a redeemable promo code on the back. Cnet reports that the apps are being distributed in the same manner, with the first app to be offered being Shazam Encore, the music-identifying app that normally sells for $5.99. The report states that Starbucks declined to comment on whether the apps take the place of that week’s music track or video.
Apple may be working behind the scenes to convince iOS game developers to raise their prices on certain titles, according to a Develop report. Speaking on stage at Edinburgh Interactive, Steve Ackerman, managing director of UK studio Somethin’ Else said, “Obviously Apple doesn’t promise anything in terms of promoting games, but before the release of Papa Sangre they said they were very interested in the game, and that they might promote it.” He continued, “They asked us how much we were going to sell it for, and we said maybe ₤1.99. They said ‘you must be joking, this is a premium app, this is worth more than the price of coffee.’” The game eventually launched at £3.99/$4.99, and has since sold more than 50,000 copies. It is unclear how common a practice this might be for Apple, or to how many developers it may offer pricing advice. [via Pocket Gamer]
Taiwan Semiconductor Manufacturing Co. (TSMC) has started trial production of Apple’s next-generation A6 processor, according to a new report. Citing industry sources, Taiwan Economic News reports that the production design is on schedule to be “taped out” in the first quarter of next year and publicly unveiled in the second quarter of 2012. The report states that TSMC is using a 28-nanometer process and 3D stacking technologies in the production of the A6, which once again is based on ARM architecture. TSMC was previously capable of handling processor production for Apple, according to the report, but had not pursued a relationship with the company due to limited production lines that were fully booked by existing customers including Nvidia and Qualcomm. If Apple follows its pattern of the last two years, it will debut the A6 in its next-generation iPad next year. [via BGR]
Apple is planning to hold its traditional music event on Wednesday, September 7, according to a new report. Citing a report from Japanese-language Kodawarsian based on information from a source “in the know,” Mac Rumors reports that the event’s timing is similar to events held the last three years, on September 1, 2010, September 9, 2009, and September 9, 2008, respectively. The website for the Yerba Buena Center for the Arts—Apple’s preferred venue for the event in past years—shows no programs scheduled for September 7, suggesting that the space would be available. As noted in the report, Apple has normally used the event to introduce new iPod models, however, the company is widely expected to announce its next-generation iPhone instead of or in addition to whatever iPod models it may have ready as it did not announce a new iPhone at its earlier WWDC event, which it had done the three years prior.
Update: Jim Dalrymple of the Loop claims that Apple will not hold an event on September 7.
The U.S. International Trade Commission has said it will investigate a complaint of patent infringement filed by Apple against HTC. Bloomberg reports that in the complaint Apple is targeting HTC’s Flyer tablet computers as well as the Droid Incredible, Wildfire, EVO 4G and Desire phones, claiming that they infringe five patents related to software architecture and user interfaces in portable devices, hardware for touchscreens, and movement sensors. Notably, the ITC ruled last month that HTC violated two Apple patents in some of its Android-based phones. “HTC respects intellectual property and will continue to protect and defend its protected innovations,” Grace Lei, general counsel at HTC, said in an e-mail. “We will fully cooperate with the ITC’s investigation and look forward to showing that we are not in violation of any of Apple’s patents.” HTC released its seven-inch Flyer tablet in the U.S. in March.
Apple has filed a complaint against Motorola over its Xoom tablet in Europe. Citing a passage from Apple’s complaint against Samsung that led to a preliminary injunction, FOSS Patents reports that Apple has filed a similar complaint against Motorola over the design of its Xoom tablet, but that the passage in question doesn’t specify whether Apple is also seeking a preliminary injunction against Motorola. Apple and Motorola’s legal battle dates back to October 2010 when Motorola sued Apple for patent infringement, leading to a countersuit from Apple.
Apple has started sending app purchase notification emails to iTunes Store users in an effort to curb app purchase fraud. According to Mac Rumors, an email is sent when a user’s Apple ID is used to make a purchase on the App Store from a new device. One such email—reprinted in the report—states, “Your Apple ID [redacted] was just used to purchase [a specific app] from the App Store on a computer or device that had not previously been associated with that Apple ID. If you made this purchase, you can disregard this email. This email was sent as a safeguard designed to protect you against unauthorized purchases. If you did not make this purchase, we recommend that you go to iforgot.apple.com to change your password.” The report notes that Apple already requires credit card users to reenter the three or four digit CID number from their credit cards to authenticate new devices, but no similar authentication system is in place for users with gift card balances.