Archive for December 6th, 2011

In October Taiwan-based company Proview Electronics charged Apple with trademark infringement related to the “iPad” name and the chairman promised to bring a legal action against Apple for damages in both China and US. Apple quietly acquired the global rights to the iPad trademark and also filed a suit to obtain the rights in China that apparently were not covered by the agreement. According to Reuter’s report, today Intermediate People’s Court in Shenzhen rejected Apple’s suit to acquire ownership over the trademark in China.
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Early today, we have reported that the U.S. judge declined to issue a preliminary injunction barring Samsung from selling several of its Galaxy smartphone and tablet devices in the United States. We have also mentioned the court order that had been redacted and which revealed that Apple had licensed one specific iOS interface patent to both Nokia and IBM. Now Reuters reports how this court order came to light.

In her 65-page ruling denying Apple's request for a preliminary injunction against Samsung, Koh attempted to redact nearly two dozen sentences or short fragments. But because of a formatting characteristic in the prior electronic version, the redacted material can be viewed by copying text from the PDF and pasting it into another document.

In the court order Koh cites as part of her rationale Apple's admission that Samsung is more likely to take market share from other Android manufacturers than it is from Apple.

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Citing sources in Japan, Australia's SmartHouse reported that the new Apple television will arrive at the end of 2012 in three screen sizes. It did not indicate exactly what screen size the third model would feature, falling somewhere between the low end with 32 inches and maximum size of 55 inches.

The source that is claimed to be a "major Japanese company" confirms that the Apple television will feature Siri integration, allowing users to control the TV set with their voice. Smarthouse claims that the television will be powered by a new processor (presumably the A6) set to debut in Apple's third-generation iPad, which the publication said will arrive "midway through 2012."

Sources at a major Japanese company who are involved in manufacturing the TV believe that the 55" model will compete with new Smart TVs from Samsung and LG that will have new processors built in while offering a combination of OLED display, as well as new Super HD TV technology from LG.

Last week, Piper Jaffray analyst and long-time Apple television set proponent Gene Munster offered his speculation on what Apple's plans might be. He suggested that Apple's anticipated television set couldl arrive in three screen sizes and no early as mid 2012, while others have seen Apple announcing it in late 2012 for an early 2013 sale date.

Late last week, a U.S. judge Lucy Koh declined to award a preliminary injunction over Galaxy line of smartphones and tablets in the United States. The Judge admitted that Samsung infringed some of Apple's patents, but she declined to issue a ban, because of a lack of evidences.

In her ruling, Koh wrote that for some of the smartphones, "Apple has established a likelihood of success on the merits at trial."

Koh added that Apple would likely prove Samsung infringed one of its tablet patents. However, Apple had not shown that it was likely to overcome Samsung's challenges to the patent's validity, Koh wrote.

Apple must demonstrate both infringement and validity to succeed in its lawsuit.

Interestingly, Apple has licensed to third parties one key iOS patent covering the "scrollback" feature displaying the linen texture when elastically scrolling beyond the end of a document or webpage. Licenses for the patent were obtained by Nokia and IBM, and Apple offered a license to Samsung.

Apple asserted this patent against Samsung as part of its failed attempt to get an injunction against Galaxy devices, and the court order denying the injunction includes general discussion of how past licensing behavior affects the decision of whether or not to grant an injunction. The discussion is nestled among two redacted statements shown to The Verge that confirm the '381 patent was licensed to IBM and Nokia, and that Apple offered a license to Samsung in November of 2010 as part of settlement negotiations.

The fact that Apple has been willing to gain profit from a license offered to other companies undermines its argument that it is being irreparably harmed by Samsung's alleged infringement.