News tagged ‘patent’

The Sydney Morning Herald reports that despite the injunction prohibiting the sale of Samsung’s Galaxy Tab tablet in Australia, several Australian retailers have ignored Apple's threats and continue to profit from demand for the barred Samsung tablet.

At least one, dMavo, said it had created a separate entity in Europe to place it outside the jurisdiction of Australian courts, with the tablets delivered to customers from Asia.

"We have a new entity established and a separate server - just to deal with the tablet orders - that is undergoing testing as of last Saturday," dMavo managing director Wojtek Czarnocki said.

"Was Apple just bluffing or do they really want to play the cat and mouse game? We're up for it."

Melbourne law firm Watermark's senior associate and patent specialist Mark Summerfield suggests, however, it would be relatively simple to extend Apple's injunction to individual online resellers because it already applies to device maker Samsung. The only thing Apple will have to do is to apply to the Australian Federal Court for further injunctions. But it would be difficult for Apple, because the company is based overseas.

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Apple demonstrates interest in improving OLED technology for future iPhone and iPad displays that will provide better battery life for such devices.  Earlier this week AppleInsider revealed a new patent application filled by Apple. The title of the patent is "Power Efficient Organic Light Emitting Diode Display" and describes different ways that could improve battery life, for example, displaying the color white.

OLED displays consume less power than traditional displays. This is possible because OLED technology is light emissive rather than light transmissive. But OLED displays, despite all their advantages, are less efficient that it is used for displaying a screen that is largely the color white, because an OLED panel has to utilize a range of color channels for every pixel on the display. Doing this can be power intensive and make the device inefficient.

For example, certain applications, such as word processing, spreadsheet design and use, database design and use, e-mail, and other business or productivity applications, typically utilize dark or black alphanumeric characters on a white background, such as to simulate writing or printing on a sheet of paper. As a result, these applications may cause the display of large expanses of white background with relatively little area devoted to the non-white alphanumeric characters. Such applications, therefore, may make the use of OLED displays unsuitable or undesirably power intensive for battery powered and/or portable electronic devices, such as handheld devices.

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According to legal documents filed by Apple, the European Commission is investigating Samsung's patent litigation to determine if its use of 3G-related patents violates competition laws. Apple has argued that those patents are essential to basic device operation and must therefore be licensed under FRAND (fair, reasonable and non-discriminatory) terms.

Samsung has launched an aggressive, worldwide campaign to enjoin Apple from allegedly practicing Samsung's patents. Samsung has sued Apple for infringement and injunctions in no fewer than eight countries outside the United States. Indeed, Samsung's litigation campaign and other conduct related to its Declared-Essential Patents is so egregious that the European Commission recently has opened an investigation to determine whether Samsung's behavior violates EU competition laws.

Moreover, the European Commission issued a statement related to the investigation, noting that it asked both Apple and Samsung to provide it with information on patents.

The Commission has indeed sent requests for information to Apple and Samsung concerning the enforcement of standards-essential patents in the mobile telephony sector. Such requests for information are standard procedure in antitrust investigations to allow the Commission to establish the relevant facts in a case.

Yesterday US Patent & Trademark Office published (via PatentlyApple) an Apple’s patent application detailing how a future iPhone could use a virtual SIM card which based on Near Field Communication (NFC) technology.

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The legal conflict over copycat of mobile devices between Samsung and Apple continue to escalate in different countries and now Samsung requests testimonies from Apple’s designers working on iPhone, including senior vice president Jonathan Ive. Also Samsung wants to receive source code of iPhone 4S and details of agreements between Apple and Australian carriers.

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The Next Web reported that South Korea had removed a ban blocking App Store games a week before the iPhone 4S launch. Korea opened up the local App Store earlier today. The Store had been closed for about two years. Of course, such ban cannot but affect Korean game developers. The selection of available games in the Korean App Store is limited for now, but it is expected to improve quickly.

The iPhone 4S is believed to face with tough competition in the region from the local giant Samsung, especially from the latest Galaxy Nexus. But Apple will obviously achieve success, predicting huge demand for their newest smartphone. Moreover, worldwide sales of the iPhone 4S are breaking all records. In the first three days of availability Apple sold four million units.

Nevertheless, Samsung intends to target Apple with new patent suits after iPhone 4S launch in Korea, even despite the fact that all their previous attempts were unsuccessful.

SmartOffice reports that Samsung is requesting Apple to provide them with the source code for the iPhone 4S firmware. Samsung doesn’t abandon their attempt to ban the device in Australia, trying to find any loophole to achieve success. Moreover, Samsung wants to know details of subsidy agreements with all Australian carriers.

“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. If subsidies are given for the iPhone 4S, there are less to go around for my client’s products,” - Samsung counsel Cynthia Cochrane told the federal court.

As for the source code Apple denies any infringement. The Company claims that Samsung agreed to license the three wireless 3G-related patents in question under FRAND agreements. Samsung thinks that agreement doesn’t cover Apple in Australia and claims Apple denied previous attempts to extend the license internationally. But it seems that all Samsung’s attempts will be unsuccessful, because the case will be handled by Justice Annabelle Bennett, who handed out the injunction against Samsung’s Tab 10.1.

Apple is rumored to be interested in new ways of interacting with devices. The company is known to exploring hand gestures to navigate and control a video recording system without touching anything. As reported, apple filed a patent application entitled "Real Time Video Process Control Using Gestures." In the application they mentioned hand gestures that can be performed without touching the device, allowing to remotely control and editing video recordings on a mobile device. Moreover, a user can perform such gestures in either two or three dimensions. Such gestures could be registered through infrared sensors, optical sensors, or other methods

"As with the touch based gestures applied on or near the touch sensitive input device, the hand gestures can be interpreted to provide instructions for real time processing of the video by the video capture device," the filing reads.

Rumors of an Apple-branded television have been circulating for years, and now have revived after release of Steve Jobs’ authorized biography, where he claims that he finally “cracked” problem. Some analysts expect that Apple may release a new television set as soon as next year. Among the newly presented evidence is a claim that prototypes of the Apple television set are now "in the works".

- Based on Jan-11 meetings in Asia (not with component suppliers), we believe Apple is investing in manufacturing facilities and securing supply for LCD displays. These displays could range from 3.5" mobile displays to 50" television displays.

- More recently, in Sept-11 we met with a contact close to an Asian component supplier who indicated that prototypes of an Apple television are in the works.

Other evidence is several patents and patent applications filed by Apple that addressing the company's work into television-related technologies.  Our expectations from Apple TV include integration with iCloud that would provide access to iTunes Store video content.  Apple is believed could sell 1.4 million television sets at an average selling price of $1800 in 2012, ramping up to 4.3 million units by 2014 as costs drop to an average selling price of $1400.

Samsung made a next step in its battle with Apple and filed for a preliminary injunction against the iPhone 4S in Australia and Japan. The Wall Street Journal reports that the Japan filing that is also attempting to halt sales of the iPhone 4 and iPad 2, accuses Apple of infringements in technology and user interface patents. The patents apparently relate to “the display of a flight mode icon, the utilization of homescreen space, and an app store menu structure”. Samsung claims that in Australia Apple has infringed on patents related to wireless telecommunication standards.

A Samsung spokesperson said that the company is “now counterattacking Apple again”. Though, many believe that Samsung’s attack will certainly fail. Moreover, an Australian judge will unlikely consider patents Samsung using in the filing as enough for a preliminary injunction, because they are essential for the 3G telecommunications network. As for Japan filings, the situation here is not so obvious like in Australia. This means Samsung could seek injunctions on them and it would be up to Apple to contest their validity.

Well this is really funny. U.S. District Judge Lucy Koh held up both the iPad and the Samsung Galaxy Tab and asked Samsung lawyers to identify which was which during a hearing to determine whether Apple will win a preliminary injunction against the Samsung device, reports Reuters.

After being asked to identify which tablet was which, Samsung attorney Kathleen Sullivan answered, "Not at this distance your honor." She stood at a podium roughly 10 feet away.

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The Federal Court in Australia has issued a preliminary ban on sales of Samsung's Galaxy Tab 10.1 tablet in the country. The Justice believed that Apple had presented sufficient evidence conforming violation two of its touchscreen- and multitouch-related patents by Samsung. Previously the Korean company had agreed to delay launch of their new tablet in Australia, waiting for the Court’s decision. Samsung even offered Apple a compromise deal that would allow the Galaxy Tab 10.1 to launch with minor concessions. But Apple was not accepted that offer.

In September Apple won the proceedings in Germany, where the Galaxy Tab 10.1’ sales were also preliminary banned. The legal battle between the companies has grown increasingly fierce since it began in April of this year, when Apple accused Samsung of copying the look and feel of the iPhone and iPad. Apple reported that they had tried to solve the problem not suing to the Court, but negotiations were not successful.

Implementing its plans to ban sales of Apple’s new iPhone over infringement of intellectual property, Samsung today has said that it is going to file requests with the courts in Italy and France for preliminary injunction of new smartphones.

“Samsung Electronics will file separate preliminary injunction motions in Paris, France and Milano, Italy on October 5 local time requesting the courts block the sale of Apple’s iPhone 4S in the respective markets”.

Samsung’s requests in Italy and France will refer to patent infringements connected with wireless telecommunications technology for 3G mobile devices. Also Samsung said that it plans to file the same requests in other countries after it reviews the situations.

Today’s statement from Samsung does not refer to the specific patents which iPhone 4S infringes, but it is possible that they are the same patents that already used by Samsung in a Dutch suit seeking the sales ban of iPhone 3GS, iPhone 4, iPad and iPad 2.

Apple has claimed that patents cited by Samsung are essential for 3G wireless technologies and should be licensed under FRAND terms. Apple argued that Samsung has not offered it licensing under reasonable terms, and two companies has been unable to arrive at agreement on licensing of those patents.

Microsoft announced today that it concluded an agreement with Samsung Electronics to cross-license patent portfolios, providing wide coverage for technologies of both companies. According to this agreement, Microsoft will get royalties from Samsung for its mobile phones and tablets based on Android platform. Also two companies agreed to collaborate on the marketing and development of Windows Phone.

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The United States Patent and Trademark Office has denied an Apple’s application for a trademark on the term Multi-Touch, applied by the company on January 9, 2007, the day the iPhone was introduced. Receiving deny, Apple appealed to the Appeal Board. The board also refused to grant the trademark, noting that the term "multitouch" has taken on generic meaning, being used by a wide variety of publications to describe the touchscreen technology on Android phones, tablets, and notebooks.

Thus, from the foregoing, we find that “multi-touch” not only identifies the technology, but also describes how a user of the goods operates the device. Based on the evidence discussed above, as well as other evidence in the record, we agree with the examining attorney that MULTI-TOUCH indeed is highly descriptive of a feature of the identified goods. We now consider whether applicant has submitted sufficient evidence to establish acquired distinctiveness of this highly descriptive term.

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