Tag Archives: legal

Rambus victorious in patent fight with NVIDIA, can expect neat wad of cash for its troubles

So what if Rambus doesn’t really produce anything tangible these days? We’re hearing the “innovation” business is going really well for the company that recently celebrated its 1,000th patent, and now there’s a nice big windfall in its near future as well. The US International Trade Commission has handed down a ruling agreeing with a previous judgment that NVIDIA infringed on three Rambus patents in the design of its memory controllers, with the ultimate outcome being a ban on importing such infringing goods into the country. Of course, that’s the one thing we’re sure won’t be happening, but NVIDIA will now have to sign up for a license to Rambus’ precious IP portfolio, which might be a tad bit costly given that GeForce, Quadro, nForce, Tesla and Tegra chips are named as being in violation — aside from Ion, that’s pretty much NVIDIA’s whole hardware business.

[Thanks, Marc]

Update: NVIDIA, unsurprisingly, has said it will appeal the ruling. [Thanks, Xero2]

Rambus victorious in patent fight with NVIDIA, can expect neat wad of cash for its troubles originally appeared on Engadget on Tue, 27 Jul 2010 03:02:00 EDT. Please see our terms for use of feeds.

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CTIA sues San Francisco over cellphone radiation law

San Francisco may have signed cellphone radiation labels into law, but the stickers won’t stick without a fight — the Cellular Telephone Industries Association (CTIA) just filed a complain in federal district court, claiming the new law supersedes the FCC’s authority to regulate radio emissions and misleads consumers into believing some phones are safer than others. As we’ve discussed previously, the CTIA does have something of a point. Every phone that makes it to market is rigorously tested for cell phone radiation levels, and those that pass fall below a specific 1.6 watt per kilogram threshold already. But hey, we’re all for bombarding our brains with that much less radiation, as long as our calls stay connected and our text messages arrive on time. If only there were a label for that… Read the CTIA’s full complaint at our more coverage link.

CTIA sues San Francisco over cellphone radiation law originally appeared on Engadget on Sat, 24 Jul 2010 16:44:00 EDT. Please see our terms for use of feeds.

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House passes Cellphone Contraband Act of 2010, prisoners go back to writing letters

Oh, we know all about doin’ time. We watched both Oz and The Wire in their entirety, and have seen Let’s Go To Prison, like, eight times. For instance, we know that you only do two days in the joint: the day you go in, and the day you go out. And we know that tattoo guns are readily available (if you have access to an old walkman or Playstation).We also know that cellphones are contraband, and rightfully so: you wouldn’t want an inmate ordering a hit on someone, or running their record label from in “the stir.” That’s why we stand with the CTIA in support of S.1749, or The Cell Phone Contraband Act of 2010. Approved in April by the Senate, and passed by the house yesterday, this amendment to title 18 of the United States Code prohibits “possession or use of cellphones and similar wireless devices by Federal prisoners.” And once it’s signed into law by the President, we’re sure that the no-goodniks will stop sneaking handsets in and we can forget all that silly talk of prison cellphone jamming once and for all.

House passes Cellphone Contraband Act of 2010, prisoners go back to writing letters originally appeared on Engadget on Wed, 21 Jul 2010 16:39:00 EDT. Please see our terms for use of feeds.

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Apple responds to congressional inquiry, details location data collection in 13-page letter

When Apple’s latest privacy policy revealed the company could track any iPhone’s location in real time, it threw some for a loop… including a pair of gentlemen from the US House of Representatives, who asked what Cupertino was up to. In a thirteen page letter dated July 12, Apple’s legal counsel explains the whole matter away, while giving us a fascinating look into how the company collects — and justifies collecting — all that GPS data. Legally the defense is simple, as Apple claims users grant express permission via pop-up messages for every single location-based service and app, and if you don’t care to be tracked, you can simply shut down location services globally or (in iOS 4) on a per-app basis in the phone’s settings panel.

Where it gets more interesting is when Apple explains what it actually collects, and who they share it with — namely, Google and Skyhook, who provided location services to earlier versions of the operating system. In iOS 3.2 and beyond, only Apple has the keys to the database, and what’s inside are locations of cell towers, WiFi access points, and anonymous GPS coordinates. None of these are personally identifying, as the company doesn’t collect SSIDs or any data, and in the case of device coordinates they’re reportedly collected and sent in encrypted batches only once every 12 hours, using a random ID generated by the phone every 24 hours that apparently can’t be linked back to the device. In the case of iAd, Apple says coordinates don’t even make it to a database, as they’re immediately converted (by remote server) to a advertising-friendly five-digit zip code. Concerning location data collection for services other than iAd, there’s still the little question of why, but we’ll just leave you with Apple legal’s quote on that subject after the break, and let you hit up the full document yourself at Scribd if you want the deep dive.

Continue reading Apple responds to congressional inquiry, details location data collection in 13-page letter

Apple responds to congressional inquiry, details location data collection in 13-page letter originally appeared on Engadget on Tue, 20 Jul 2010 01:00:00 EDT. Please see our terms for use of feeds.

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Apple discussed Verizon switch ‘at least half a dozen times,’ and other stories about its AT&T relationship

“An iPhone, an iPhone, my carrier’s reputation for an iPhone.” Grab a cup of coffee and get yourself comfortable, fans of behind-the-scenes industry drama. Wired has published an exhaustive and fascinating expose on the “loveless celebrity marriage” that is Apple and AT&T — all from sources familiar with the matters but who cannot (or will not) be named, of course. In other words, don’t take this as gospel, but frankly, none of this sounds too crazy or outside the realm of what we’ve already surmised ourselves. In brief, the two companies have been contentious towards one another since just after the iPhone was unveiled. For AT&T’s part, the carrier was reportedly taken aback when its requests (delivered by Senior VP Kris Rinne) to restrict YouTube’s bandwidth usage (or make it WiFi-only) while the network infrastructure was built up fell on deaf ears in Cupertino. Word has it Apple also refused to allow its devices to be used in campaigns to combat Verizon’s Map for That ads: “It was [effective] because of AT&T’s network. We would have been letting them use the iPhone to put lipstick on a pig,” remarked one anonymous Apple exec.

What’s most interesting to us here is the ongoing reported discussion to drop AT&T in favor for Verizon. That chapter apparently begins just months after the original’s launch, with an investigative team (including Scott Forstall) ultimately concluding that Qualcomm’s CDMA (or CDMA / GSM hybrid) chips would require a complete redesign of the device, not to mention a nasty lawsuit with AT&T over its exclusive contract (perhaps a minor issue, knowing Apple). Back then, Verizon wasn’t seen as a guaranteed improvement, and according to one executive privy to such meetings, the carrier switch has been discussed at least a half dozen times, with the general consensus always being that it would “cause as many problems as it solved.” We can’t imagine this is gonna help stem the perpetual VZW iPhone rumor mill.

Hit up the source link for the full tale, which does hit on a fundamental issue of the mobile industry going forward: as smartphone makers continue to push their devices’ capabilities, bandwidth concerns will continue to grow and carriers are likely to take the majority of the blame. If you ask us, David Fincher has just found his ideal follow-up to The Social Network — we’d especially love to see someone film the part where AT&T asks Steve Jobs to ditch the turtleneck and wear a suit when meeting with its board of directors.

Apple discussed Verizon switch ‘at least half a dozen times,’ and other stories about its AT&T relationship originally appeared on Engadget on Mon, 19 Jul 2010 19:25:00 EDT. Please see our terms for use of feeds.

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Skype says Fring violated its Terms of Use, ‘damaging our brand and reputation’ in the process

It looks like Fring’s recent decision to block Skype access to its iPhone 4 video app was the final straw for Skype, who charges that VoIP network was in breach of the Terms of Use and EULA for the Skype API. “Over time,” writes General Counsel Robert Miller, “Fring’s mis-use of our software was increasingly damaging our brand and reputation with our customers.” Although they’ve “been talking with Fring for some time to try to resolve this amicably,” Friday’s action is being called “disappointing [for] our customers, who have high expectations of the Skype experience.” He goes on to say that “Skype will rigorously protect our brand and reputation, and those developers that do not comply with our terms will be subject to legal enforcement.” Meaning, presumably, that in the case of more Fring shenanigans there will be some sort of red-hot legal action. For its part, Fring CEO Avi Shechter had this to say: “We are disappointed that Skype, who once championed the cause of openness, is now attempting to muzzle competition, even to the detriment of its own users.” Which is all well and good, but we can hardly see how Skype is the problem here when you were the ones who locked out its users in the first place.

Skype says Fring violated its Terms of Use, ‘damaging our brand and reputation’ in the process originally appeared on Engadget on Mon, 12 Jul 2010 15:29:00 EDT. Please see our terms for use of feeds.

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iTunes fraud takes trip to travel section?

Here we go again, unfortunately. Both 9 to 5 Mac and Ars Technica are reporting a new spat of potentially-fraudulent apps climbed the iTunes charts today, now in the Travel section. This time, the culprit’s purported to be Chinese-based WiiSHii and a series of “GYOYO” Chinese- and English-language maps. The two publications have a screenshot each showing the apps climbing the charts, as well as an apparent receipt from one customer who unwittingly found charges for the software on his or her bill — and yeah, we see them, too, albeit not topping any charts as of this writing. So yet again, we advise caution and double-checking your payment history. Le sigh.

iTunes fraud takes trip to travel section? originally appeared on Engadget on Fri, 09 Jul 2010 21:41:00 EDT. Please see our terms for use of feeds.

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iPhone AT&T exclusivity lawsuit granted class-action certification, every AT&T iPhone customer included

Hey, remember that iPhone class-action lawsuit we poked around in a couple months ago and discovered Apple’s lawyers confirming the original five year AT&T exclusivity agreement? Well, get ready to hear about it a lot more in the months to come, as the judge in the case has officially certified the case as a class action, meaning it now officially includes anyone who’s ever bought an iPhone on AT&T. If you’ll recall, the argument is that iPhone customers signed up for a two-year contract without being told that AT&T had an exclusive for five years — thus in reality being held to the carrier for an additional three years without recourse. Sure, that sounds a little silly, but if you bought the first-gen iPhone and wanted to stick with the platform it’s the truth — discounting the fact, of course, that no one’s required to buy another Phone after two years, and even then you have to sign a new contract. While we’re definitely curious to see if the plaintiffs can get past that little logical hurdle and win something more than a token settlement, we’re far more interested to see if they can get any more documentation from Apple nailing down its actual agreement with AT&T. Should be juicy — we’ll keep you in the loop.

iPhone AT&T exclusivity lawsuit granted class-action certification, every AT&T iPhone customer included originally appeared on Engadget on Fri, 09 Jul 2010 19:02:00 EDT. Please see our terms for use of feeds.

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NTP awakes, sues Apple, Microsoft, Google, HTC, LG, and Motorola over wireless email patents

Remember NTP? The tiny company with a portfolio of patents on wireless email technology that wrung a $612 million settlement out of RIM in 2006 after years of litigation? Well, get ready to fall in love all over again, because the company just sued Apple, Google, Microsoft, HTC, LG, and Motorola for the same thing. Given the company’s protracted history defending its patent portfolio — the RIM case alone took nearly five years and ultimately involved USPTO re-examining several patents, rejecting some and then ultimately declaring some others valid in 2009 — we can’t see any of this ending quickly or easily, especially with such formidable adversaries aligned as defendants. In particular, we’d note that Apple and Microsoft have a long history of cooperation and cross-licensing in the patent space, so we’re sure their lawyers are ready to party down in lawsuit town, and adding Google, Motorola, HTC, and LG to the mix isn’t going to make any of this easier for NTP. We’ll see what happens — this one’s going to be long and messy. PR after the break.

Continue reading NTP awakes, sues Apple, Microsoft, Google, HTC, LG, and Motorola over wireless email patents

NTP awakes, sues Apple, Microsoft, Google, HTC, LG, and Motorola over wireless email patents originally appeared on Engadget on Fri, 09 Jul 2010 09:53:00 EDT. Please see our terms for use of feeds.

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Amazon Kindle dual-screen e-reader patent granted, Barnes & Noble Nook potentially in trouble

Looks like the battle for e-reader dominance between Amazon and Barnes & Noble could soon expand beyond the recent spate of price drops and into the courtroom as well: the USPTO just granted a 2006 Amazon patent on e-readers with secondary LCD displays (like the original Kindle’s scroller-navigation panel), and several of the claims are potentially broad enough to cover the Nook and many other devices with both electronic paper and LCD displays. What’s more, Amazon agreed not to file for any corresponding foreign patents during the four-year approval process and thus wasn’t required to publish the patent application — meaning this is likely a complete surprise to the entire industry. Yeah, it’s juicy. Here’s one of the claims that could cause problems for Barnes & Noble — in plain English, it potentially covers any device with both an electronic paper display and a second smaller LCD display next to it.

A handheld electronic device comprising: a housing; an electronic paper display disposed in the housing and having a first surface area; and a liquid crystal display (LCD) disposed in the housing proximate the electronic paper display, the LCD having a second surface area that is smaller than the first surface area of the electronic paper display.

That’s pretty sweeping — it doesn’t take much to look at the Nook and see that it has both an electronic ink display and a smaller LCD located next to it. Now, we don’t know if Amazon has any plans to actually sue anyone over this patent yet, but we’re guessing there’s a flurry of legal activity happening at all the major e-reader manufacturers right now, and we’re definitely curious to see what the fallout looks like — remember, Barnes & Noble is already involved in a trade secret dispute over the Nook with Spring Design, which claims that B&N saw its Alex reader under NDA and then copied it for the Nook. That case isn’t scheduled to wrap up before November, so there’s a chance B&N and Spring Design could end up simultaneously fighting each other in one case while taking on Amazon as allies in another, which would be… messy. We’ll see what happens — while we’ve no doubt Barnes & Noble will put up a serious fight if it comes to that, we’re curious to see if the shift away from e-reader development to general-use tablets hastens as the market contracts, margins shrink, and the cost of litigation becomes prohibitive. The ball’s very definitely in Amazon’s court now — stay tuned.

[Thanks, Anand]

Amazon Kindle dual-screen e-reader patent granted, Barnes & Noble Nook potentially in trouble originally appeared on Engadget on Tue, 06 Jul 2010 15:04:00 EDT. Please see our terms for use of feeds.

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