Tag: court

Apple Exec Eddy Cue Goes Defensive At E-Books Trial

Eddy Cue, the Apple Inc. executive in charge of negotiating the company’s controversial e-book deals, defended how the tech giant started its online bookstore as he made his highly anticipated appearance on the witness stand in a federal antitrust trial.

Cue testified that he didn’t know about any of the e-mails and more than 100 phone calls involving the CEOs of five of the biggest U.S. book publishers in late 2009 and early 2010.

Cue said he “struggled and fought” with the publishers, in individual talks before the introduction of the iPad, to get them to sign contracts to sell e-books on Apple’s iBookstore. Cue testified it’s his opinion the CEOs weren’t coordinating over their negotiations with Apple.

“If they were talking to one another, I would assume I would have had a much easier time getting those deals done,” Cue testified.

Steve Jobs closely monitored the negotiations but was “indifferent” about the outcome for Amazon, Cue testified. However, when asked if Jobs knew that there was a chance that once the iBookstore launched, publishers would withhold best sellers and new releases from Amazon, he responded, “I believe so, sure. Smart guy.”

When Tim Cook was asked about the trial during his recent appearance at the All Things D conference, he called the trial “bizarre,” noting that Apple wasn’t going to settle and effectively admit to something it didn’t do.

Cue’s testimony on Thursday marked the end of this week’s proceedings. The trial will resume next Monday and scheduled to wrap up late next week.

June 14, 2013
Google admits it did not delete Street View data

Google was ordered to delete the collected data

Google Inc said on Friday it had not kept its promise to delete all the personal data, such as emails, its Street View cars collected in Britain and other countries in 2010.

The data should have been wiped almost 18 months ago as part of a deal signed by the firm in November 2010. Google has been told to give the data to the UK’s Information Commissioner (ICO) for forensic analysis.

The ICO said it was co-ordinating its response with other European privacy bodies.

In May 2010 it was revealed that Google had scooped up about 600 gigabytes of personal data from unsecured wireless networks while gathering images and location data for Street View.

Google apologised for gathering the data and said it was a “mistake”. The blunder led to legal action, fines and investigations around the world.

In the UK, Google gave an undertaking to destroy the data it was holding and issued a statement saying it had done so in December 2010. However, said the ICO, Google had recently contacted it to report that some of the data it had gathered had not been deleted.

The company approached the ICO with the revelation to find out how it should act. In response, the ICO told Google to hand over the data immediately “so that we can subject it to forensic analysis before deciding on the necessary course of action”.

Google were fined $25,000 in April for impeding a U.S. investigation into Street View data collection.

July 27, 2012
Proview sued by its iPad Case Law Firm, 2.4 million owed

Proview the company that sued Apple for the iPad trademark in China has been sued by its very own legal firm for the non payment of its legal fees for the said case. According to Sina Tech, Grandall Law Firm confirmed that its shady client refused to pay up the promised 4 percent of Apple’s settlement fee, which equates to $2.4 million.

Proview founder Yang Rongshan told Sina Tech that Grandall’s behavior is “nonsense,” and that his company isn’t obliged to pay back immediately as it isn’t under normal operation right now.

July 23, 2012
Apple ordered to publish Notice that Samsung didn’t copy iPad In U.K.

Apple Inc. was ordered by a judge to publish a notice on its U.K. website and in British newspapers alerting people to a ruling that Samsung Electronics Co. didn’t copy designs for the iPad.

The notice should outline the July 9 London court decision that Samsung’s Galaxy tablets don’t infringe Apple’s registered designs, Judge Colin Birss said yesterday. It should be posted on Apple’s U.K. home page for six months and published in several newspapers and magazines to correct any impression the South Korea-based company was copying Apple’s product, Birss said.

This order means that Apple will, in a way, advertise Samsung’s tablets, that too on its own website. However, Judge Briss shot down Samsung’s request to bar Apple from further claiming that its tablet copied the iPad’s design. On this, he said, “They are entitled to their opinion.”

As well as Apple’s website, the company must pay for notices in the Financial Times, the Daily Mail, Guardian Mobile magazine, and T3, according to a draft copy of the order provided by Samsung’s lawyers.

Apple’s lawyer said the company would appeal the July 9 decision and Judge Birss granted the company permission to take its case to the court of appeal.

July 19, 2012
US Court lifts Galaxy Nexus smartphone ban, tablet still blocked

A US appeals court gave Samsung a temporary reprieve Friday on the sale of its Galaxy Nexus 7 smartphones while leaving intact a court ban on US sales of its tablet computers in a patent battle with Apple.

In two rulings in the bitter patent dispute, the US Court of Appeals in the capital Washington gave one to Apple and one to Samsung, but only temporarily.

But the “stay” was just temporary until the panel receives arguments from Apple, which argues the phone infringes on patents in its iPhone.

In a separate decision, the appellate judges refused to lift Koh’s injunction on the 10-inch Galaxy Tab computer, which Apple claimed was copied from the iPad.

The court panel in Washington ordered Apple to respond by July 12, while denying a Samsung request to stay, or halt the injunction.

Both Galaxy devices are powered by Android operating software that Google makes available for free to gadget makers. Nexus is the Mountain View, California-based technology company’s own branded line.

July 12, 2012
Google faces $22.5m fine over iPhone, iPad privacy breach

Google faces a $22.5m fine (£14.5m) for breaching the privacy of iPhone and iPad users after bypassing cookie rejection settings on the devices, according to reports.

If confirmed, the fine would be the largest ever imposed by the US Federal Trade Commission (FTC) against a single company – and would be the second time this year that the search giant has fallen foul of regulators in the US.

The Wall Street Journal reports that the FTC and Google are close to agreeing a settlement over the privacy breach, in which Google circumvented Apple’s protections on the iPhone and iPad against the setting of third-party “cookies” – small text files stored on the user’s device – for tracking where users went on the web.

The discovery of the circumvention, by Jonathan Mayer of Stanford University, was first revealed in February. Millions of users of Apple’s iOS software on iPhones and iPads could have been affected, said Mayer. Google declined a request from the Guardian to specify when it began the tracking.

However, Google may have escaped further prosecution for breaching an FTC consent decree over privacy that it signed in March 2011 because although the breach seems to have started in or before December 2011, the documentation in which Google explained what it would do dates back to 2009, before the decree, which covered privacy breaches caused by the Google Buzz social network, since closed.

Whether or not the FCC fines Google over the cookie infraction, it will also publish a report which would detail how it reached the decision, probably with documentation from Google about how many people were affected and for how long.

Google insisted at the time that the ad tracking was inadvertent and that the workaround to plant the Google cookie was feasible within Apple’s system. It said then: “The Safari browser contained functionality that then enabled other Google advertising cookies to be set on the browser [by other advertising companies using the DoubleClick network]. We didn’t anticipate that this would happen, and we have now started removing these advertising cookies from Safari browsers. It’s important to stress that, just as on other browsers, these advertising cookies do not collect personal information.”

Apple said at the time that “We are aware that some third parties are circumventing Safari’s privacy features and we are working to put a stop to it.”

July 11, 2012
Apple loses patent war with HTC

Taiwan’s HTC on Wednesday won a London court ruling against US tech giant Apple over a series of patent infringement claims linked to technology used in its mobile devices.

London’s High Court said in a ruling carried on its website that HTC’s devices did not infringe four Apple technology patents.

Along with the slide-to-unlock mechanism, HTC challenged Apple’s patents on the iPhone’s “multi-touch” system. Both are prize features in the American company’s portfolio, according to intellectual property experts. The other patents in the case related to the way the iPhone manages photographs, and the use of different character sets in text messaging.

A HTC spokesman welcomed the London court’s ruling, which said parts of the slide-to-unlock patented were too “obvious” or foreshadowed by earlier patents.

July 5, 2012
U.S judge dismisses Apple vs Motorola patent suit

A U.S. judge on Friday ruled that Apple Inc. cannot pursue an injunction against Google’s Motorola Mobility unit, effectively ending a key case for the iPhone maker in the smartphone patent wars.

Judge Richard Posner, of the U.S. District Court for Northern Illinois in Chicago, has also dismissed a counterclaim that Apple was infringing on Motorola’s patent in iPhones. Posner ruled out any damages for either company and said, that neither party is entitled to an injunction as the parties have failed to present enough evidence to create triable issues. In the ruling filed, Posner also said neither side could refile their claims.

[quote]During the legal proceedings, the judge also pointed to serious problems with the U.S. patent system and questioned the worth of many software patents, saying, Reuters reported, You can’t just assume that because someone has a patent, he has some deep moral right to exclude everyone else[/quote].

June 23, 2012
China government Ban on iPad causes removal of stocks from stores.

Government authorities and retailers in China have started removing stocks of iPad from the shelves in the market, in response to a ruling issued in December. According to Hebei Youth Daily, local representatives of the country’s Administrations of Industry and Commerce (AIC) have started confiscating Apple’s tablet from retail outlets, with some merchants are voluntarily removing the device from their storefronts as a pre-emptive measure.

As a part of a local campaign this incident only took place in the city of Shijiazhuang, but vendors weary of the outcome have started to take precautions. Remember this is the same country where people literally give body parts to own iPads.

February 13, 2012
Google gets fined in France for Free Google Maps

Really? A Parisian commercial court in France has fined Google to pay a fine of €500,000 for giving its maps for free. Bottin Cartographes, who was on the other side of the lawsuit claimed that the Company ( Google) has leveraged the market by giving away its Google Maps service for free, while others try to make a living off it.

“We proved the illegality of [Google’s] strategy,” said the prosecution counsel.

Google plans to Appeal the decision, and believes that the company has not eliminated competition in this segment and is purely giving away its services because it can.

Honestly, since when are Awesome products for free, looked down upon?

February 3, 2012
French court denies iPhone 4S sale ban to Samsung

Its like winning and loosing all round, Apple was denied injunction lift suspension and Samsung was denied primary sale ban in France. The french courts yesterday denied Samsung’s request to ban the sales of Apple iPhone 4S in France. The court called the reaction out of proportion with its claims of intellectual property theft and ordered Samsung to pay a fine of €100,000 (about $134,000) to cover Cupertino’s legal fees.

The case is one of many legal battles being waged between Samsung and Apple in the United States, Italy, and several other countries over intellectual property protecting their smartphones.

December 9, 2011
German court permanently bans Samsung Galaxy Tab 10.1 in Apple vs Samsung, Indian courts approached

German judge Johanna Brueckner-Hoffman has ruled in Apple’s favor on Friday by banning Samsung from selling its GALAXY Tab 1o.1 tablets in Germany.

The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible

– Said the Judge

Apple has also blocked Samsung from selling its GALAXY Tab 10.1 in Australia until a court there rules whether or not the tablet infringes on 10 of Apple’s patents. Apple has also approached the Indian courts to seek ban on sales of the Galaxy 750 in India. The benefit for Samsung here is that Apple will not be able to use the german courts ruling, because the name of the two devices is different. i.e. the Galaxy 750 in India and Galaxy Tab 10.1 rest of the world. Whether Samsung India was already expecting the legal battle is unknown.

Samsung, meanwhile, plans to appeal the ruling in a higher court and a spokesman said

We are disappointed with this ruling and believe it severely limits consumer choice in Germany.”

September 10, 2011
Apple Wins German injunction against Samsung, Galaxy Tab 7.7 removed from IFA

Apple has won the injunction filed in German Courts for the immediate halt in sales and display of the Samsung Galaxy Tablet. Several vendors in and across Europe have stopped selling the Galaxy Tablets launched this year. Samsung pulled its new Android tablet from both the IFA show floor and its German website on Saturday, in compliance with a Friday decision handed down by the same Düsseldorf Regional Court court that banned sales of the Galaxy Tab 10.1 last month. The 7.7-inch slate had previously been on display with a sticker that read “Not for sale in Germany,”.

Samsung said that it “respects the court’s decision,” and vowed to do everything it could to defend its intellectual property.

September 5, 2011
German Court Removes Ban on Galaxy Tab 10.1 Sales in EU

The courts have gone in favor of Samsung and the Düsseldorf regional court in Germany announced on Tuesday that it is partially lifting its original injunction that banned Samsung from selling its Galaxy Tab 10.1 tablet in all of the European Union excluding the Netherlands.

According to sources , an Official from the court said:

It is unclear if The Court has the ability or the power to ban the sales outside of Germany in the first place

Apple also recently banned the sale of the Galaxy Tab in Australia recently, yet Samsung is all set to appeal the ban on the 25th of Aug. The sale of the Galaxy Tab 10.1 will go undeterred in India. The bans could also be a possible reason for the name change of the tablets in India : the Galaxy 750 is the rebranded Galaxy tab 10.1 ( to avoid Apple’s radar?).

It also looks fruitless for Apple to file an injunction in India, since the Legal proceedings itself will take months and by then Samsung will be all sold out.

August 17, 2011
Apple Files second Patent Infringement Complaint against HTC – Shares Drop

Its only been a couple of months and Apple has slammed HTC with the second patent infringement case. The US International Trade Commission is reporting that HTC is being accused and is being asked to stop the import of “personal electronic devices”. Last year, Apple filed a separate action against HTC with the U.S. International Trade Commission, where HTC then leveled its own patent infringement claims against Apple. Preliminary rulings for those cases are expected this week.

Shares in the world’s No.5 handset maker, HTC Corp (2498.TW), tumbled more than 4 percent on Tuesday, after Apple Inc (AAPL.O) sued the company in a fresh complaint with a U.S. trade panel.

HTC said its net profit doubled in the second quarter, beating market expectations. But analysts suggested that because the operating income tracked forecasts, they expected shares of HTC would consolidate before the investor conference at the end of this month, when the company gives guidance for the third quarter. There are rumours out there that HTC would need to pay Apple T$20 billion ($693.64 million) in compensation.

That would lower down profit expectations considerably.

July 12, 2011