Tag - Court
A lawyer for the Chinese company that won a court case against Apple over the trademark name "iPhone" has now admitted that the trademark it holds was bought from a Russian company in 2011 rather than registered by the firm itself, a fact that might help Apple ultimately prevail in its quest to re-secure the exclusive use the "iPhone" brand name in China. In the court case, Xinton Tiandi Technology asserted its right to use the word "IPHONE" in all caps for its line of leather products.
Apple is "disappointed" in a recent Beijing Higher People's Court ruling that allowed Xintong Tiandi Technology to use an all-caps "IPHONE" trademark on a line of leather goods, and will appeal the cas to the country's highest court. While the court's ruling only concerned the trademark with regards to "imitation leather, leather, wallets, purses, leather thread, leather passport wallets, leather key cases, leather straps and leather trimmings for furniture," the ruling has effectively weakened Apple's trademark on the term "iPhone" for any other use.
The FBI, in a new case involving a murder, has applied for a new warrant to renew expired ones in an effort to extract further data from a seized iPhone 5s running an unknown version of iOS which the agency believes has further information than it originally extracted with the help of its contractor Cellebrite. The latter company was able to obtain location data from the iPhone, according to the court filing, but failed to go further, which caused older warrants to expire. The FBI now seems to be planning to use its recently-obtained new tools and its own San Diego forensics facility to unlock additional location information.
Recently-revealed court documents show that -- in three similar court cases where the US government was attempting to decrypt seized iPhones by seeking to force Apple's compliance using the All Writs Act -- the score at present is win, lose, and draw. A court in Brooklyn flat-out rejected the US Department of Justice's appeal to force Apple to weaken its security, though the government is appealing the decision. In San Bernardino, the FBI won an initial order, but later retreated from the case; and it turns out that in the Boston gang-activity case, the judge did order Apple to assist the FBI -- but specifically excluded decrypting the suspect's iPhone contents, or developing a way to decrypt, from being part of the order.
Owing to the timing of the Apple Event later today and the encryption dispute hearing on Tuesday, Charles and Mike of The MacNN Podcast realized that most of the things they would say on Friday would be made irrelevant by today, so there won't be an episode this week. There will, however, still be an episode of the UK crew's One More Thing podcast, and that will be their chance to comment on the events of Monday, the court hearing, and much more.
Apple's three-year legal case over price-fixing of e-books has ended, with the US Supreme Court saying that it will not allow the company to appeal. The court will not listen to Apple's contention that a 2014 settlement requiring it to pay $450 million in costs and damages is wrong. That's the Supreme Court's right, and all legal cases have to end somewhere, even if more nebulous ones do seem to go on for a lot longer. Yet this isn't a nebulous case -- and the result, in my opinion, is wrong.
In a very different case in which Apple was fighting a law-enforcement agency that was trying to compel it to weaken security on its iPhones, the US Department of Justice is asking a higher court to reconsider a ruling in a Brooklyn case involving a methamphetamine dealer (who has already admitted guilt) that the All Writs Act -- also the center of the skirmish between Apple and the FBI in a California case -- cannot be used to force a third-party to weaken security on its product.
In addition to a number of amicus curae ("friend of the court") briefs filed both opposing and supporting the FBI's attempt to force Apple to crack the security of its iPhone, the district attorney's office of the county in which a workplace massacre took place that initiated the current dispute has filed a claim with the court that the work-issued iPhone issued to gunman and former employee Syed Farook may "contain evidence that can only be found on the seized phone that it was used as a weapon to introduce a lying dormant cyber pathogen that endangers San Bernardino's infrastructure."
Shortly after winning a sales injunction against old but infringing Samsung devices in the second patent trial, Apple has suffered a reversal of the verdict from an appeal by Samsung. The US Court of Appeals in Washington on Friday overturned the jury verdict in the second patent trial, which awarded Apple a largely-symbolic $120 million award after finding that Samsung had infringed on three Apple patents. In the appeal, the court found no infringement in one case, that two other Apple patents were invalid, and that Apple was liable for infringing a single Samsung patent.
Apple has now presented a legal response that officially challenges the Department of Justice over its demands that the company creates access to an iPhone sized as part of the San Bernardino workplace violence case, which the FBI has consistently characterized as a "terrorist" incident -- a move critics say is really the agency leveraging the tragedy in an effort to weaken privacy laws, and which Apple's attorney's called "forbidden" by the Fourth Amendment of the US Constitution.
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Cirrus creates Lightning-headphone dev kit
Apple supplier Cirrus Logic has introduced a MFi-compliant new development kit for companies interested in using Cirrus' chips to create Lightning-based headphones, which -- regardless of whether rumors about Apple dropping the analog headphone jack in its iPhone this fall -- can offer advantages to music-loving iOS device users. The kit mentions some of the advantages of an all-digital headset or headphone connector, including higher-bitrate support, a more customizable experience, and support for power and data transfer into headphone hardware. Several companies already make Lightning headphones, and Apple has supported the concept since June 2014. http://bit.ly/29giiZj
Apple Store app offers Procreate Pocket
The Apple Store app for iPhone, which periodically rewards users with free app gifts, is now offering the iPhone "Pocket" version of drawing app Procreate for those who have the free Apple Store app until July 28. Users who have redeemed the offer by navigating to the "Stores" tab of the app and swiping past the "iPhone Upgrade Program" banner to the "Procreate" banner have noted that only the limited Pocket (iPhone) version of the app is available free, even if the Apple Store app is installed and the offer redeemed on an iPad. The Pocket version currently sells for $3 on the iOS App Store. [32.4MB]
Porsche adds CarPlay to 2017 Panamera
Porsche has added a fifth model of vehicle to its CarPlay-supported lineup, announcing that the 2017 Panamera -- which will arrive in the US in January -- will include Apple's infotainment technology, and be seen on a giant 12.3-inch touchscreen as part of an all-new Porsche Communication Management system. The luxury sedan starts at $99,900 for the 4S model, and scales up to the Panamera Turbo, which sells for $146,900. Other vehicles that currently support CarPlay include the 2016 911 and the 2017 models of Macan, 718 Boxster, and 718 Cayman. The company did not mention support for Google's corresponding Android Auto in its announcement. http://bit.ly/295ZQ94
Apple employees testing wheelchair features
New features included in the forthcoming watchOS 3 are being tested by Apple retail store employees, including a new activity-tracking feature that has been designed with wheelchair users in mind. The move is slightly unusual in that, while retail employees have previously been used to test pre-release versions of OS X and iOS, this marks the first time they've been included in the otherwise developer-only watchOS betas. The company is said to have gone to great lengths to modify the activity tracker for wheelchair users, including changing the "time to stand" notification to "time to roll" and including two wheelchair-centric workout apps. http://bit.ly/2955JDa
SanDisk reveals two 256GB microSDXC cards
SanDisk has introduced two 256GB microSDXC cards. Arriving in August for $150, the Ultra microSDXC UHS-I Premium Edition card offers transfer speeds of up to 95MB/s for reading data. The Extreme microSDXC UHS-I card can read at a fast 100MB/s and write at up to 90MB/s, and will be shipping sometime in the fourth quarter for $200. http://bit.ly/294Q1If
Apple's third-quarter results due July 26
Apple has advised it will be issuing its third-quarter results on July 26, with a conference call to answer investor and analyst queries about the earnings set to take place later that day. The stream of the call will go live at 2pm PT (5pm ET) via Apple's investor site, with the results themselves expected to be released roughly 30 minutes before the call commences. Apple's guidance for the quarter put revenue at between $41 billion and $43 billion. http://apple.co/1oi1Pbm
Twitter stickers slowly roll out to users
Twitter has introduced "stickers," allowing users to add extra graphical elements to their photos before uploading them to the micro-blogging service. A library of hundreds of accessories, props, and emoji will be available to use as stickers, which can be resized, rotated, and placed anywhere on the photograph. Images with stickers will also become searchable with viewers able to select a sticker to see how others use the same graphic in their own posts. Twitter advises stickers will be rolling out to users over the next few weeks, and will work on both the mobile apps and through the browser. http://bit.ly/29bbwUE