Apple 'Grab & Go' sync patent application features... Engadget
[Via AppleInsider]
patent posts
We won't go so far as to compare this to the epic multi-year Broadcom vs. Qualcomm saga, but this is certainly shaping up to be the case that never ends, part II. Microsoft and Alcatel-Lucent have been at each other's throats over various things since August of 2007, and while we've seen damages awarded and overturned a few times since, the latest ruling to be handed down by the US Court of Appeals for the Federal Circuit has A-L waiting a wee bit longer to get its (maybe) due. This past Friday, the court decided that while a $358 million damages award against Microsoft for "violating patents relating to technology that allows users to enter dates into calendars in its Outlook e-mail program" was somewhat legitimate, the damages were "unjustified." The result? The whole thing has to be retried, giving the contracted law firms for both companies immense joy.
Okay, so it's not the cool billion dollars in damages we'd heard TiVo was asking for, but $200 million ain't chump change if you're broke, you know? That's the amount in contempt damages TiVo will get if EchoStar loses its upcoming appeal in the endless time warp patent case, bringing the total amount of money on the table to nearly $400 million. As usual, that means virtually nothing for the average Dish or TiVo customer, but at least the lawyers involved can all buy new Audis for the winter now.
Just as we predicted, Microsoft's request to have that ban on sales of Word put on hold pending appeal of i4i's XML patent victory has been granted. That means IT managers and excitable first-year college students can continue to happily throw down cash for the world's most popular word processor, while the rest of us twiddle our thumbs waiting for either proceedings to resume on September 23 or Stevey Ballms to write the big check and make this whole case disappear forever.
We'll let the analysts make sense of TiVo's new projection that it will lose $8 to $10 million in the third quarter, larger than Wall Street expectations while projected revenues are lower -- we're too busy adding Verizon and AT&T to the patent battlemap. Today it filed complaints against both for violating three of its DVR-related patents -- Nos. 6,233,389 B1 ("Multimedia Time Warping System"), 7,529,465 B2 ("System for Time Shifting Multimedia Content Streams"), and 7,493,015 B1 ("Automatic Playback Overshoot Correction System") if you must know -- seeking damages for past infringement and a permanent injunction. We'd assumed it would wait until settling things with DISH to push forward against other companies, but it looks like we're not the only ones getting impatient. Beyond the legal slapfight there's a few nuggets for the bleep bloop faithful, with the Comcast TiVo on-line scheduler beginning to roll out in Boston plus further expansions on the way and the due-in-2010 DirecTV HD TiVo still on track -- we'll need a few seasons of Law & Order queued up before this mess ever gets resolved.
Corporate legal teams are so large, so powerful, and often so evenly-matched that when you combine them with the glacial wheels of justice, patent disputes can take years to resolve -- in fact, we'd say it's the rule rather than the exception -- and inevitably, they end in anticlimactic fashion with the alleged offender agreeing to shell out some fraction of the plaintiff's original request in exchange for sweeping the whole matter under the rug. Nokia's had its fair share of such spats, and one that's been dogging the company for a good long while now is with InterDigital, which has been systematically targeting firms in the industry for years with claims that it holds patents inherently required for UMTS -- in other words, if you make UMTS gear, you automatically owe InterDigital money. Of course, Nokia has been politely disagreeing with that claim all along, and the US International Trade Commission has just issued an initial determination in its favor, saying that it doesn't violate the four patents InterDigital's all worked up over. For the record, the US ITC has been investigating this issue for a solid two years now, so yeah, if someone's ripping off your IP, don't expect a speedy resolution. The commission's initial determination will be followed by a final, binding determination this December; in the meantime; Espoo "will continue to present its case." Now that we think about it, we're pretty sure we saw this episode of Law & Order already.







