Articles Tagged with iPad

Yesterday, December 6, a Canadian company filed two lawsuits against Apple, alleging that the Cupertino, California, company infringed on several of its patents. One lawsuit, filed in the U.S. District Court for the Southern District of Florida, names both Wi-LAN (the Canadian corporation) and Wi-LAN USA (its subsidiary) as the plaintiffs. The other lawsuit was filed on behalf of only the Canadian corporation in the U.S. District Court for the Eastern District of Texas.

Both lawsuits target Apple products compliant with the Third Generation Partnership Project – Long Term Evolution (“3GPP LTE”) standard, specifically the iPhone 4S, iPhone 5, and iPad (3rd Generation).

The Texas lawsuit alleges infringement of U.S. Patent No. 6,381,211, entitled “Processing data transmitted and received over a wireless link connecting a central terminal and a subscriber terminal of a wireless telecommunications system” and issued in 2002. Wi-LAN seeks damages and an injunction against Apple for manufacturing and selling 3GPP-complaint products that allegedly infringe on its patented system.

The lawsuit filed in Florida alleges infringement on U.S. Patent No. 8,315,640, entitled “Methods and systems for transmission of multiple modulated signals over wireless networks.” It also alleges that Apple’s products infringe on U.S. Patent No. 8,311,040, entitled “Packing source data packets into transporting packets with fragmentation.” Both patents were filed in 2010 and issued only last month, November 2012.

Complaint in Wi-LAN USA, Inc. v. Apple Inc. (S.D. Fla.)

Apple acquired partial European trademark rights to the word “lightning” from motorcycle maker Harley-Davidson’s intellectual property unit, H-D Michigan, LLC, according to public filings with the European Union’s trademark and design unit (see below), and a blog post by Patently Apple.

Apple uses the term Lightning to describe its proprietary connection interface for iPhone, iPad, iPod, and iTouch devices that were introduced starting in September 2012.

The trademark update, however, currently applies only in the EU, although it seems likely that Apple and H-D also negotiated for the transfer of certain U.S. trademark rights to the word mark.

The H-D unit filed a trademark registration on January 1, 1995, with the U.S. Patent and Trademark Office for “motorcycles and structural parts therefore,” and was awarded trademark registration by the USPTO for the word mark nearly 2.5 years later on June 3, 1997.

A snippy apology is apparently not what the judges involved in Apple’s U.K. patent litigation over Samsung tablets ordered, according to testy statements made at a U.K. Court of Appeal hearing today.

Judge Robin Jacob court told Apple and Samsung lawyers this morning that the iPad maker had 24 hours to revise its currently published statement about the verdict in favor of Samsung on Apple’s UK website, replace it with a new one apologizing for inaccuracies, put the link on its home page, and use at least an 11-point font.

The website notice that Apple published last Friday highlighted a lower court judge’s statement that the Samsung tablets involved in the lawsuit “are not as cool” as Apple’s iPad.  Apple also piled on a host of earlier judicial platitudes emphasizing that the iPad has “extreme simplicity . . . is striking . . . . It is a cool design.”

The original July 18, 2012 order by Judge Colin Birss of the Patent Court, granted Samsung’s request to require Apple to publish a simple, one-paragraph statement on its website, and in a number of print publications:

“On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronics (UK) Limited’s Galaxy Tablet computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s registered design 000181607-0001. A copy of the full judgment of the High Court is available via the following link [insert hyperlink].”

Judge Birss ordered Apple to publish the notice only in the U.K., denying Samsung’s request that Apple publish it on each of the company’s country-specific European websites. He also rejected Samsung’s request that the notice be on Apple’s UK website for a year, concluding that six months was more appropriate. The judge’s rationale was that “this a very fast moving industry and I bear in mind the risk of prejudice to Apple” of a more extended publication requirement.

Image credit: lev radin / Shutterstock.com

Apple published a roundabout apology today (see below) after losing an appeal in the British courts over a lawsuit claiming that some Samsung tablets infringed the registered design of the Cupertino, California, company’s iPad.

The publication notice was made to comply with an earlier July 18, 2012, ruling by a lower court requiring Apple to publish, at its own expense, a link and explanation to the judgment rendered by HHJ Birss QC on July 9, 2012.

The apology listed below was issued after an iPad-toting British judge upheld a lower court finding that three different Samsung tablet computers “do not infringe Apple’s registered design No. 000181607-0001.”

The phrase ‘registered design’ refers to a legal status conferred by the UK’s Intellectual Property Office for “grant[ing] exclusive rights in the look and appearance of your product.”

Sir Robin Jacob, who wrote the judgment for the panel of three British Court of Appeal judges who heard and decided the case, candidly disclosed that he has an Apple iPad (“I own one”).

STMicroelectronics, a Swiss maker of Micro-Electric-Mechanical Systems (‘MEMS’) for accelerometers and gyroscopes in consumer products like iPads and iPhones filed a patent infringement lawsuit today against competitor InvenSense, Inc.

ST’s lawsuit alleges that Sunnyvale, California-based InvenSense is infringing nine (9) of the company’s patents being used in consumer electronic devices like gyroscopes and a “free-fall detection and free-fall protection system for portable electronics,” in addition to other MEMS patents.

Jerald Bovino, the holder of a U.S. Patent (No. 6,977,809) for a portable computer case made of ‘resilient material’ designed with ‘ribs,’ is suing Apple and Target, claiming that Apple’s manufacture and sale of iPad and iPad 2 cases (inset, right), and Target’s sale of the iPad Smart Cover, infringe his 2005 patent.

While Apple and Amazon have continued battling in court over its App Store trademark, Amazon launched it’s “Kindle Fire” tablet this week.

The move prompted Apple to quickly file an amended complaint in the case (see below).

In October, I wrote about the PocketJustice iPhone app from our friends at Oyez.  Since then they’ve released an iPad version (called PocketJustice HD) which takes advantage of the larger screen real estate to make researching faster.

Friday, they released both PocketJustice and PocketJustice Full for the Android Marketplace.  The Android version is much like the iPhone version, although thanks to Android phones having dedicated search and menu buttons, the Android version doesn’t waste as much screen real estate for a menu on the bottom of the screen.

Legal researchers in a hurry are also benefitted on the Android version by having access to Android’s voice search which allows you to say the name of a case and have your phone do the typing for you.

Black Friday and Cyber Monday have come and gone, but there’s still time to get terrific gifts for lawyers and clients.  Here are some of our favs:

• The Apple iPad —  It’s sleek, small, and über cool. It holds nifty free legal apps like Fastcase to find state and federal statutes and cases and Oyez’s PocketJustice that let’s lawyers listen to Supreme Court oral arguments.  When your attorney friend is done raging at opposing counsel’s latest outrageous offer to their client, the attorney can vent his or her anger by playing Angry Birds or Star Wars Falcon Gunner. Plus, it makes them (and everyone they meet) think that they’re a swell lawyer, right?
• Adopt a Volume of the Federal Reporter — No, we’re not crazy (at least not all the time)!  For $1,200, you can actually make a tax-deductible donation to Public.Resource.Org to support scanning a volume or two of the first series of the Federal Reporter of the United States in the name of your favorite lawyer or law firm.  The donation is to help them “adopt” a volume of federal case law  from 1880 – 1924 that is now in the public domain.

Sometimes people mistake Justia’s mission, “To advance the availability of legal resources for the benefit of society,” as being only about advancing the availability of legal resources for lawyers, but society is much larger then the legal community. This week’s App of the week is free for the iPhone and iPad from our friends at Nolo, and it’s geared at making the often confusing landscape of legal terms easier to understand for everyone.

I am not a lawyer myself, nor have I gone to law school.  I came to Justia as a programmer.  While I have learned much about the law since I started working here in 2006, I still find myself constantly coming up against legal terms that I don’t know.  There are a few places I turn to find out what those words and phrases mean discreetly so when the lawyers in my midst say them I can pretend I knew what it was all along, and one of the best sources I’ve found is Nolo’s Plain English Legal Dictionary available for free at nolo.com/dictionary.