Tag - Legal
In all the research we've done analyzing Apple's four decades and in all the slicing through it week by week, we've never asked whether Apple has made more products or more legal cases. For this week of March 19 through 25 in the years 1976 to 2016, we get a rare situation where Apple wins in the courts –– and perhaps shouldn't have.
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.
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.
A Supreme Court docket entry revealed on Wednesday that Apple will file a petition to have the court overturn its 2013 conviction of leading a conspiracy to fix e-book prices. The request for time to file a petition for certiorari was filed by former Solicitor General Seth Waxman, now of the WilmerHale legal group, and Theodore Boutrous of Gibson, Dunn & Crutcher. The original conviction was handed down in a bench trial by Judge Denise Cote, but was upheld on appeal this past June by two of the three judges on the federal panel.
Silicon Valley powerhouses are giving opinions on the ongoing Apple-versus-Samsung court battles. In an amicus curae filing, Dell, Ebay, Facebook, Google, and HP are asking the US Federal Circuit Court of Appeals that Samsung turning over full profits of some phones found in violation of Apple patents would set a dangerous trend, and threaten the entire industry with waves of patent-infringement lawsuits which would stifle innovation, and limit choices for consumers.
Judge Lucy Koh of the United States District Court for the Northern District of California has accepted a revised settlement offer from the two parties in the case, which would end the Silicon Valley worker poaching class-action suit. The $415 million counter-offer is $90 million more than the older deal, and exceeds what the judge asked for to approve the deal. Focusing dissent on what attorneys and a objector asked for individually, Judge Koh has set the next hearing for July 9, which should end the case once and for all.
Apple paid more than twice as much in taxes in Australia for 2014 as it did in 2013, but still managed to grow profits in the country -- despite increasing scrutiny about its legal but aggressive tax avoidance techniques. According to documents filed with the Australian Securities and Investments Commission (ASIC), Apple paid AU$80.4 million in taxes for 2014 ($64 million US) compared to just AU$36.4 million (roughly $32 million US at the time) in 2013.
A new lawsuit has targeted Google, Rdio, Sony, and Apple (including Beats Music) over the music royalties associated with pre-1972 recordings, new reports say. Zenbu Magazines, which owns copyrights on many pre-1972 songs, says that the companies have been making money streaming recordings without paying their copyright holders. Within US copyright law, compositions have been protected since 1831, but sound recordings were only added in 1972, meaning that while owners of pre-1972 compositions have been paid for public performances, people holding equally-aged recording rights typically haven't.
In response to an Apple lawsuit over LTE patents, Ericsson has filed one of its own, according to Reuters. The Swedish firm notes that a license agreement between the companies has expired for some time, and that two years of negotiations have yielded no results. It's asking the court to determine whether a tendered license offer is fair.
A new lawsuit filed against gyroscope and accelerometer supplier for Apple, InvenSense, accuses the company of failing to tell investors about the concessions it made to secure a recent deal. InvenSense parts are used in the iPhone 6 and 6 Plus. Executives should have warned investors, the suit alleges, that Apple was given a "sweetheart deal" that would hurt profits. "Instead of revealing the true condition of the company and its prospects, defendants hid those facts from investors and chose to issue strong guidance and paint a picture of a bright future with a new mega-customer," the complaint reads. More seriously, the suit charges that investors were led to buy stock at inflated prices, while insiders sold off $5.3 million in shares.
Now AAPL Stock: 113.05 ( + 0.87 )
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