Tag - Injunction
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.
A ruling from the US District Court in October is causing more hurt than first realized, as Aereo ist now turning to layoffs as a way hold resources for the future. Between offices in New York and Boston, the company is letting go of a large number of employees. More devastating is the coming closure of the Boston office, which Aereo expects to shut down on November 12.
On Wednesday, US Federal District Court Judge Lucy Koh ruled on two motions in the ongoing leftover matters related to the first Apple vs. Samsung patent trial from 2012. The first ruling denied Apple the opportunity to recover attorney's fees from Samsung related to its guilty verdict on trade dress claims, and the second returned a $2.6 million Apple bond the company had put up to enforce a sales injunction against the Galaxy Tab 10.1, which was found to have copied Apple's iPad technology. No action was ever taken on the ban due to the appeals process, and both companies have since agreed to drop the injunction.
Two years after the first Apple-Samsung patent trial, the big winner in that case -- Apple -- has dropped a motion to cross-appeal a portion of Judge Lucy Koh's final verdict. The action means that the company has officially given up hope of seeing any product bans on the 23 Samsung products found guilty of copying Apple technology, though the matter is largely moot as none of the products are still offered for sale anyway. Despite the clear victory in the jury trial, Judge Koh twice refused to issue sales injunctions on the infringing Samsung products.
The case for the use of the color magenta in the mobile marketplace filed by T-Mobile against Aio Wireless, an AT&T subsidiary, has dealt a blow to the smaller no-contract carrier by a federal court. An injunction has been granted in favor of T-Mobile which restricts Aio from further use of the color.
Apple and Samsung were in court on Thursday in front of US District Court Judge Lucy Koh, with the former arguing that its successful verdicts against Samsung entitles it to sales bans on the affected products (even though none of them are still offered for sale). Samsung, meanwhile, protested that the injunctions would "create fear and uncertainty" among suppliers, since Apple could seek bans on current and future products as well.
As of 9PM local time in Germany, users in that country are finally -- after 19 months -- able to activate push email services from iCloud. The previous block was due to a patent dispute with Google-owned Motorola Mobility over a patent on a push-type messaging originally granted for beepers, and which has in the intervening months been found invalid for four separate reasons by a court in the UK, and later on in three different courts in Germany.
As the deadline nears for the ITC's ban on some older models of iPhones and iPads to take effect, a growing chorus of companies and individuals have begun calling for an overturning of the ban by the Obama administration in the wake of a lack of action. Two Republican and two Democratic senators have signed a letter urging United States Trade Representative Michael Froman (who has been delegated the decision) to reverse the ITC ban, mostly on the grounds that sales injunctions over Standards-Essential Patent (SEP) disputes are unnecessary.
Apple has filed a request with the US International Trade Commission (ITC) for a stay on an import ban against older models of iPhones and iPads pending an appeal pending in a federal court. The sales injunction, which affects GMS versions of the iPhone 4 and iPad 2 with cellular option, may go into effect in as little as a month if the 60-day Presidential Review on ITC sales bans lapses without action. The injunction was a surprising move on the part of the full commission, which had preliminarily found in Apple's favor in a case over 3G patents owned by Samsung.
In an initial hearing on the lawsuit between David Einhorn's Greenlight Capital and Apple, where the former party is attempting to prevent a shareholder vote on a "preferred stock" proposal, a judge has sided with Einhorn and found that Apple could be breaking US Securities & Exchange Commission rules by "bundling" three issues into one shareholder voting item. At the same time, the judge didn't indicate that he couldn't find any "irreparable harm" in the proposal, lessening chances of an injunction.
Now AAPL Stock: 93.4 ( -2.7 )
WhatsApp now handles over 100M calls daily
WhatsApp is celebrating that it is being used for over 100 million calls every day. In a brief notice, the Facebook-owned messaging platform advises the voice-calling feature it rolled out to its users last year now deals with an average of over 1,100 calls initiated per second. Earlier this year, it increased the security of its calls and other messages, by introducing end-to-end encryption on all platforms. http://bit.ly/292HqCX
Adele's '25' album now streaming
Recording artist Adele has "pulled a Kanye" after saying that her current album "25" would not be available for streaming. The seven-month-old record, which has yielded a number of hit singles, is now available for streaming on all the major streaming services, such as Apple Music and Spotify, as of today in most major markets, with worldwide distribution to come. Reportedly, the singer had demanded streaming be limited to paid subscribers -- a condition that has hurt some streamers with artists, who aren't paid royalties for free or trial listens . Apple pays performers its normal royalty rates during its free trial, avoiding the issue -- and having repeated success in both signing up exclusives and placing those exclusives into the top of the charts. http://ti.me/28U7NOu
SanDisk iXpand case has battery, storage
A new iPhone 6 and iPhone 6s case from SanDisk appears to be the "holy grail" of accessories: a stylish and protective case that offers both extra storage as well as the option of extra battery power as well. The iXpand Memory case offers either 32GB, 64GB, or 128GB of additional storage incorporated into the case, and an optional add-on battery pack (sold separately) adds up to an extra day or more of charge. Through the associated iXpand app, camera photos and videos can be automatically stored on the extra storage, optionally password-protected, The cost for the case is (in order of storage capacity) $60, $100, and $130. The battery pack's release data has not yet been announced, but the add-on should retail for an additional $30. http://bit.ly/291epHu
Fifth Hong Kong store to open June 30
The 46th official Apple store in what the company calls the "Greater China" region will open at 10AM local time in Hong Kong's New Town Plaza in the Sha Tin district on Thursday, June 30, according to a new page on Apple's retail website. Despite slowing growth due to economic turmoil in China, the country is still Apple's fastest-growing market. The new story will be the fifth for Hong Kong, a lucrative market for Apple thanks to the high concentration of wealth there and a thriving "gray" market. Normal store hours for the new store will be 10AM to 10PM every day. http://apple.co/291diaT
Apple Music bug bites very short songs
There appears to be a reproducible bug in the current version of iTunes -- version 12.4.1, running on OS X 10.11.5, both the current non-beta versions of the respective software -- that causes a streamed song to become "stuck" in endless buffering if the streamed item just before this happened was 60 seconds or less in length. The problem appears to stem from code in iTunes that signals the next track to start downloading one minute before the currently-playing track is done, and thus songs shorter than one minute don't trigger the download. Locally-stored music is unaffected by the bug, and the problem does not appear to exist in either the macOS Sierra developer beta or versions of iTunes earlier than 12.4, and does not affect the iOS Music app at all. http://bit.ly/291cN0l
Walmart Pay expands to 15 states
Walmart, one of the key progenitors of the failed CurrentC mobile payment system that was distinguished from Apple Pay by its ability to collect and share customer financial and buying data among its participants, has expanded the soft rollout of its alternative solution "Walmart Pay" to an additional 15 US states following a pilot program in Arkansas and Texas last month. Walmart continues to resist adding Apple Pay. The system, built into the Walmart app for iOS and Android, works with a complicated system of the camera scanning a purchase code at the register, then generating a QR code which is then scanned by the register. The system is available now in Alabama, Georgia, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, Virginia, and Washington, DC. http://apple.co/28SqZfu
Amazon refreshes entry-level Kindle
Amazon has added a new Kindle to its ebook reader range, one that is thinner and lighter than the previous entry-level model. Offering a six-inch 167-dpi touchscreen display, a doubled 4GB of storage, and an option for a white casing, the new model also adds in the ability to export highlights and notes to an email account as a PDF. Two versions of the all-new Kindle are available, priced at $80 including "Special Offers" and $100 without. http://amzn.to/28Q4c3R