Patent News | "Patent Issued on Fusion-Protein Vaccine Technology"

By: iBio, Inc
Source: http://www.bradenton.com
Category: Patent News

NEWARK, Del., Feb. 29, 2012 — /PRNewswire/ -- iBio, Inc. (NYSE AMEX: IBIO) today announced issuance of a US patent covering the use of iBio's proprietary fusion-protein technology in combination with influenza virus antigens for vaccine product applications. The invention comprises the use of lichenase in an adjuvant-like role to improve the performance of vaccines. This approach was developed by the Fraunhofer USA Center for Molecular Biotechnology (FhCMB), iBio's research collaborator. The new patent is US Patent 8,124,103, entitled "Influenza Antigen, Vaccine Compositions, and Related Methods".

The vaccine industry is increasingly focused on the development of subunit vaccines. These subunit vaccines require use of components called adjuvants for improving their efficacy. Lichenase, when fused to antigens acts as an adjuvant and can improve the efficacy of vaccines.  Fusion of lichenase to vaccine antigens can enhance duration of immune response, improve production economies and increase product stability.  This approach could provide significant advantages over more conventional methodologies used to improve vaccine efficacy.

"We consider the issuance of this patent to be an important step in the expansion of opportunities in subunit vaccine development," said Vidadi Yusibov, Ph.D., one of the patent's inventors and Executive Director of FhCMB. "We previously published data demonstrating significant improvement in candidate vaccine performance in animal models when lichenase technology is employed with a range of target antigens, including antigens from plague, malaria, and human papilloma virus."

"While iBio's principal focus has been to optimize and commercialize our proprietary platform technology for broad commercial applications across the biologics field, we also have been bringing forward lichenase as a separate proprietary product platform to be licensed to enhance vaccine performance," said Robert B. Kay, Executive Chairman and CEO of iBio.  "Based upon the results obtained in multiple animal studies and the formulation advantages of using a fusion protein, we believe there will be substantial commercial interest in lichenase as a proprietary approach for potent subunit vaccines."

This patent is an important addition to iBio's broader intellectual property portfolio that includes the clinical-stage iBioLaunch™ platform for vaccines and therapeutic products. 

Source: http://www.bradenton.com/2012/02/29/3908187/patent-issued-on-fusion-protein.html

Read more here: http://www.bradenton.com/2012/02/29/3908187/patent-issued-on-fusion-protein.html#storylink=cpy

Yahoo Patent | "Yahoo accuses Facebook of patent infringement, threatens to sue"

By: Nathan Olivarez-Giles
Source: http://www.the33tv.com
Category: Yahoo Patent 

Yahoo is accusing Facebook of infringing on its patents and threatening to sue if the world's largest social network doesn't agree to pay licensing fees.

The threat came by way of an emailed statement, first reported by the New York Times, in which Yahoo says the warning is simply a move to protect the struggling Internet firm's intellectual property, though others have speculated the motivation could be an attempt to drive up the company's value in the face of a possible takeover.

"Yahoo has a responsibility to its shareholders, employees and other stakeholders to protect its intellectual property," Yahoo said in a statement emailed to the Los Angeles Times. "We have invested substantial resources into these innovations. Recognizing that, other major web and technology companies have already licensed some of these technologies. We must insist that Facebook either enter into a licensing agreement or we will be compelled to move forward unilaterally to protect our rights.”

Facebook, which has more than 800 million users worldwide, said in an emailed statement that it's still looking through Yahoo's demands.

"Yahoo contacted us at the same time they called the New York Times and so we haven't had the opportunity to fully evaluate their claims," Facebook said.

The patents Yahoo says Facebook is infringing upon cover different technologies that websites can use to handle user data, though Yahoo wouldn't say how many patents it accuses Facebook of violating.

The ultimatum comes as Yahoo takes on a new CEO in former PayPal executive Scott Thompson, looks for yet another turnaround strategy and searches for replacements for four board members, including Chairman Roy Bostock, who announced their pending resignations this month. Yahoo founder and board member Jerry Yang also left the company's board in January.

Facebook, meanwhile, is preparing for its initial public offering, expected to take place in May and be worth as much as $5 billion.

In 2004, ahead of its IPO filing, Google settled with Yahoo over patent infringement claims relating to targeted ads placed next to search-engine results. The settlement resulted in Google giving Yahoo 2.7 million shares of its stock, which at that time, before the IPO, were believed to be worth as much as $365 million.

Source: http://www.the33tv.com/news/nationworld/la-fi-tn-yahoo-accuses-facebook-of-patent-infringement-20120228,0,4429448.story

Yahoo Patent | "Patent wars: Yahoo asks Facebook to pay up for using its technology"

By: Reuters
Source: http://www.firstpost.com
Category: Yahoo Patent

Yahoo-Facebook-Patent War

San Francisco: Yahoo has demanded licensing fees from Facebook for use of its technology, the companies said on Monday, potentially engulfing social media in the patent battles and lawsuits raging across much of the tech sector.

Yahoo has asserted claims on patents that include the technical mechanisms in the Facebook’s ads, privacy controls, news feed and messaging service, according to a source briefed on the matter.

Representatives from the two companies met on Monday and the talks involved 10 to 20 of Yahoo’s patents, said the source, who was not aware of what specific dollar demands Yahoo may have made for licenses.

Yahoo did not elaborate in an emailed statement on details of its discussions with Facebook, but indicated it would not flinch at taking the social networking giant to court over its patents.
Yahoo said other companies have already licensed some of the technologies at issue, and that it would act unilaterally if Facebook refused to pay for a patent license.

“Yahoo has a responsibility to its shareholders, employees and other stakeholders to protect its intellectual property,” the company said.

The meeting between the two companies was first reported by the New York Times.
A Facebook spokesman said: “Yahoo contacted us at the same time they called the New York Times and so we haven’t had the opportunity to fully evaluate their claims.”

Should Yahoo wind up suing Facebook, it would mark the first major legal battle among technology giants in the social media sphere and a major escalation of patent litigation that has already swept up the smartphone and tablet sectors and high-tech stalwarts such as Apple Inc , Microsoft Corp and Motorola Mobility .
Yahoo’s patent claims follow Facebook’s announcement of plans for an initial public offering that could value the company at about $100 billion.

Several social networking companies, including Facebook, have seen an uptick in patent claims asserted against them as they move through the IPO process.

However, most of those lawsuits have been filed by patent aggregators that buy up intellectual property to squeeze value from it via licensing deals, and none by a large tech company such as Yahoo.

Source: http://www.firstpost.com/tech/patent-wars-yahoo-asks-facebook-to-pay-up-for-using-its-technology-227482.html

Apple Patent | "Apple Notches a Victory in German Patent Fight with Motorola"

By: Mark Hachman
Source: http://www.pcmag.com
Category: Apple Patent 

Apple Patent

Apple has won a small but some say important victory in its ongoing patent battle with Motorola Mobility in Germany.

The Karlsruhe Higher Regional Court has suspended the enforcement of a ruling by the Mannheim Regional Court. Motorola Mobility will now be prevented from further enforcement of its so-called standard-essential patent injunction against Apple in Germany.

According to a translation of the ruling by blogger Florian Mueller, Motorola may not bar Apple from using its "standard-essential patents" in Germany. "Standard-essential patents" are considered to be patents that are essential to the manufacture of a product; without them, the product can't be made.

In December, a Mannheim judge found that certain Apple products infringe on Motorola patents for data packet transfer technology (GPRS). That prompted the temporary removal of several Apple products from its German online store earlier in January.

According to Mueller, Apple repeatedly appealed the December decision, amending its proposals several times. "Apple knew that MMI was always going to find something to grouse about, but it needed to find out at which point the appeals court would conclude that enough is enough and tell MMI that refusing to accept this proposal is, at least based on the court's preliminary finding, an antitrust violation," Mueller wrote.
In other words, not accepting Apple's proposal would itself be a violation of German antitrust law.
That, in turn, puts Google's acquisition of Motorola Mobility in jeopardy, Mueller added.

"This is so huge that it even begs the question of whether Google's strategy for its $12.5 billion purchase of Motorola Mobility has failed before the deal is even formally closed," Mueller said, arguing that the company should consider paying the $2.5 billion breakup fee and walk away from the deal.

Also this month, meanwhile, the Manheim court granted a permanent injunction against Apple's iCloud push email notifications.

Source: http://www.pcmag.com/article2/0,2817,2400843,00.asp

Patent News | "Yahoo threatens Facebook as patent war looms"

By: Dan Levine
Source: http://www.southbendtribune.com
Category: Patent News

SAN FRANCISCO (Reuters) - Yahoo has demanded licensing fees from Facebook for use of its technology, the companies said on Monday, potentially engulfing social media in the patent battles and lawsuits raging across much of the tech sector.

Yahoo has asserted claims on patents that include the technical mechanisms in the Facebook's ads, privacy controls, news feed and messaging service, according to a source briefed on the matter.

Representatives from the two companies met on Monday and the talks involved 10 to 20 of Yahoo's patents, said the source, who was not aware of what specific dollar demands Yahoo may have made for licenses.

Yahoo did not elaborate in an emailed statement on details of its discussions with Facebook, but indicated it would not flinch at taking the social networking giant to court over its patents.

Yahoo said other companies have already licensed some of the technologies at issue, and that it would act unilaterally if Facebook refused to pay for a patent license.

"Yahoo has a responsibility to its shareholders, employees and other stakeholders to protect its intellectual property," the company said.

The meeting between the two companies was first reported by the New York Times.

A Facebook spokesman said: "Yahoo contacted us at the same time they called the New York Times and so we haven't had the opportunity to fully evaluate their claims."

Should Yahoo wind up suing Facebook, it would mark the first major legal battle among technology giants in the social media sphere and a major escalation of patent litigation that has already swept up the smartphone and tablet sectors and high-tech stalwarts such as Apple Inc, Microsoft Corp and Motorola Mobility.

Yahoo's patent claims follow Facebook's announcement of plans for an initial public offering that could value the company at about $100 billion.

Several social networking companies, including Facebook, have seen an uptick in patent claims asserted against them as they move through the IPO process.

However, most of those lawsuits have been filed by patent aggregators that buy up intellectual property to squeeze value from it via licensing deals, and none by a large tech company such as Yahoo.


Source: http://www.southbendtribune.com/sns-rt-us-facebook-yahoo-patentstre81r07b-20120227,0,3488234.story

Patent News | "Motorola-Google Fight Back in Android Patent Wars "

By: Ram Srinivasan
Source: http://english.ntdtv.com
Category: Patent News

After taking beatings early on in the patent game, Google and its new partner, Motorola Mobility, are fighting back in the patent warfare that has targeted the Android operating system.

On February 22, Microsoft posted a public blog titled “Google: Please Don’t Kill Video on the Web” stating that Motorola was asking for a 2.25% royalties on its patents related to online video that have been built into each Microsoft product. Microsoft said that the patent royalties being asked would amount to as much as $45 on a single computer.

Microsoft also stated that Motorola was abusing its commitment to F/RAND (Short for Fair, Reasonable and Non-Discriminatory) standards for some of its patents. F/RAND refers to patents that are part of a standard (such as 3G and telecommunications standards), and the companies involved in such patents have usually agreed to pre-defined F/RAND terms that are enforced by various global government entities that deal with monopolies, such as the Department of Justice in the United States.

Apple is also using the F/RAND defense against Motorola and Samsung lawsuits in the U.S. and Europe.

Valid F/RAND Patent Defense?

It doesn’t appear likely that Microsoft and Apple will be able to completely win this battle. While Motorola (and Samsung) indeed have their fair share of patents covered under F/RAND, most of their patent portfolio—such as patents related to video and non-telecommunications or essential technologies—are not covered by F/RAND. Motorola might not have problems convincing courts around the world that the patents it is asserting don’t fall under F/RAND.

Samsung has gotten into hot water by asserting F/RAND patents, notably against Apple, in its patent wars, and the European Union has reported that it is investigating Samsung for potential “abuse” of its F/RAND patents. Samsung has stated that it is confident about the outcome of this investigation.

Meanwhile, Motorola has appeared to tread more carefully and made careful use of its patent portfolio in defending itself in the patent wars, and mostly avoided F/RAND patents in litigation warfare.

Apple Forced to Stop iCloud Push Services After Losing Patent War

On February 24, in a high-profile move, Apple shut down “push services” for its iCloud and MobileMe services in Germany, as a result of a permanent injunction that Motorola Mobility won in Germany against Apple. The push services allows Apple to send users notifications about updates to their e-mails and other services without the user having to manually poll and manually update their e-mails to check whether they have received new e-mail.

Motorola Mobility had earlier won another lawsuit in Germany that saw some of Apple’s popular iPhone and iPad models temporarily pulled from Apple’s online store. Apple moved quickly to appeal that decision and was able to get a temprary reprieve as it appeals the decision.

But with the iCloud and MobileMe case, Apple has had no choice but to pull the push feature and notify users about the loss of services. German users can still get push notifications after leaving the country, but will have to manually turn the service on.

Microsoft Widely Criticized—Even On Its Own Blog Site

Microsoft was also widely criticized on its blog post, given that the software giant has been collecting patent royalties on a majority of Android devices sold. In the comments section of Microsoft’s own blog post related to the latest case, it received comments such as “The crow calling the kettle black. For years Microsoft tried to force its own, proprietary data formats onto the market, denying virtually everyone to create or edit documents in those format.” Another comment from a Mr. Franz said, “And HOW much do you ask in for royalties for an Android Phone? If I’m not mistaken, the percentage is actually MUCH HIGHER than what Motorola is asking for (when you don’t factor in phone subsidizing). You are just as guilty as Motorola in this situation. Stop playing the victim.”

Yet another comment quoted an earlier blog post by Microsoft’s own legal counsel defending the Redmond giant’s collecting patent royalties on Android. In that blog post, Microsoft had stated “licensing is the solution” and that ”By bringing this case, we are protecting our investments on behalf of our customers, partners and shareholders – just as other companies do,”. The user comment quotes this line from Microsoft, concluding: “So, just pay your fees, “just as other companies do.”

Source: http://english.ntdtv.com/ntdtv_en/news_business/2012-02-26/motorola-google-fight-back-in-android-patent-wars-.html

Patent News | "Mexican researchers patent heroin vaccine"

By: Reuters
Source: http://www.brisbanetimes.com.au
Category: Patent News

While Mexico grapples with relentless drug-related violence, a group of Mexican scientists is working on a vaccine that could reduce addiction to one of the world's most notorious narcotics: heroin.

Researchers at the country's National Institute of Psychiatry say they have successfully tested the vaccine on mice and are preparing to test it on humans.

The vaccine, which has been patented in the United States, works by making the body resistant to the effects of heroin, so users would no longer get a rush of pleasure when they smoke or inject it.

"It would be a vaccine for people who are serious addicts, who have not had success with other treatments and decide to use this application to get away from drugs," the institute's director Maria Elena Medina said on Thursday.

Scientists worldwide have been searching for drug addiction vaccines for several years, but none have yet been fully developed and released on the market.

One group at the US National Institute on Drug Abuse has reported significant progress in a vaccine for cocaine.

However, the Mexican scientists appear to be close to making a breakthrough on a heroin vaccine and have received funds from the US institute as well as the Mexican government.

During the tests, mice were given access to deposits of heroin over an extended period of time. Those given the vaccine showed a huge drop in heroin consumption, giving the institute hope that it could also work on people, Medina said.

Kim Janda, a scientist working on his own narcotics vaccines at the Scripps Research Institute in La Jolla, California, said that based on some earlier research papers he had read, the Mexican vaccine could function but with some shortcomings.

"It could be reasonably effective but maybe too general and affect too many different types of opioids as well as heroin," Janda said.

Mexico, a major drug producing and transit country for drugs smuggled into the United States, has a growing drug addiction problem. Health Secretary Jose Cordoba recently said the country now has some 450,000 hard drug addicts, particularly along the trafficking corridors of the US border.

Mexican gangsters grow opium poppies in the Sierra Madre mountains and convert them into heroin known as Black Tar and Mexican Mud, which are smuggled over the Rio Grande.

Every year, the heroin trade provides billions of dollars to gangs like the Sinaloa Cartel and the Zetas. Since 2006, cartel violence has claimed the lives of over 47,000 people in Mexico.

Source:  http://www.brisbanetimes.com.au/world/mexican-researchers-patent-heroin-vaccine-20120227-1tx3m.html#ixzz1nYcHs1Nh

Apple Patent | "Patent dispute hobbles some Apple features in Germany"

By: Reuters
Source: http://www.montrealgazette.com
Category: Apple Patent

Apple Inc. has been forced to de-activate "push" notification features for mobile users of its iCloud and MobileMe services in Germany, after an injunction was issued in favour of rival Motorola Mobility Holdings Inc.
Customers using push services - which automatically inform users about new messages on iPhones, iPods or iPads - will now not be able to use them within the borders of Germany, Apple said on its German support website.
However, users can get around that suspension of push services by adjusting their settings so that devices download new email at regular intervals, it added.
Apple said its push email service on Mac desktops, laptops and the Internet is not affected.
Apple and Motorola - which Google Inc is in the process of acquiring - are engaged in global patent litigation, part of a broader legal fight over the smartphone market, with billions of dollars at stake.
A court in Mannheim three weeks ago granted a permanent injunction against the push-email service of Apple's iCloud, and any devices that can access it.
According to patent expert Florian Mueller, Motorola sent Apple an enforcement letter demanding compliance with the patent injunction.
Mueller said on his widely watched blog, Foss Patents, that the "Motorola patent at issue in that litigation harks back to the time of pagers, a predecessor of text messages."
"Apple believes this patent is invalid and is appealing the decision," the company said on the website.
The same court ruled in December that Apple Sales International - the company's European sales subsidiary in Cork, Ireland - must stop selling or distributing mobile devices that infringe upon certain Motorola cellular communications patents.
That forced Apple to briefly halt the sale of the iPhone 3G and 4 models and some iPads on its German online store.

Source: http://www.montrealgazette.com/technology/Patent+dispute+hobbles+some+Apple+features+Germany/6208651/story.html#ixzz1nSvZBGrB

Patent News | "Lawmakers Push Ohio as Possible Patent Office Site"

By: KANTELE FRANKO
Source: http://www2.wjtv.com
Category: Patent News 

COLUMBUS, Ohio -- COLUMBUS, Ohio (AP) Members of Ohio's congressional delegation have urged leaders of the U.S. Patent and Trademark Office to consider Columbus as a potential site for one of its new satellite offices.
The bipartisan group touted Ohio's workforce, research facilities and connections to global companies, noting that the state was the birthplace of inventor Thomas Edison and a pair of aviation legends, the Wright brothers.

"Ohio offers the advantages of a large state world class universities, brilliant labor pool, and innovators coupled with Midwestern value and work ethic," said the letter from Sens. Sherrod Brown and Rob Portman and Reps. Steve Stivers and Patrick Tiberi. They cited examples of innovators from various pockets of the state, including the NASA Glenn Research Center in Cleveland, Cincinnati-based Procter and Gamble, and the U.S. Air Force laboratory at Wright-Patterson Air Force Base in Dayton.

But other factors might inhibit the area's chance of getting such an office, including the number of patent applications from Ohio and its proximity to another satellite site planned in Detroit.

The America Invents Act passed by Congress and signed into law by President Barack Obama last fall requires patent officials to create at least three more U.S. offices within three years. It's an effort to improve interactions with patent applicants, boost the recruitment and hiring of patent examiners and reduce the number of patent applications waiting to be examined in an approval process that can take three years amid a backlog of hundreds of thousands of applications.

Last month's announcement that one of the sites would be in Detroit, roughly 50 miles from Ohio, likely hurts the state's chances of getting a satellite office because the law requires that "geographic diversity" be among the factors considered in choosing the satellite sites. Other factors included regional economic impact and the availability of workers with scientific and technological knowledge who might become patent examiners.

Then there's the consideration of patent filings. Ohio residents received 3,837 patents in 2010 and an estimated 3,850 last year, ranking the state well above the 10 that had fewer than 200 patents issued but well behind the leading patent-receiving states, according to the patent office. California, expected by industry experts to be a leading contender for a satellite office, had nearly 30,400 patents issued last year, or about a quarter of the total of roughly 120,000. New York and Texas followed with about 8,000 each.
But Ohio officials aren't ready to count the Buckeye State out of the running. Columbus2020, a regional economic development organization, has spearheaded the local push for a patent office.

"Doing this is right up our alley," said Matt McQuade, business development director. "We're the ones who are trying to create jobs."

The Cleveland Clinic expressed support for the idea, as did Battelle Memorial Institute and Ohio State University.

Letters from those Columbus sites were among more than 500 comments the trade office said it received during a designated comment period as people advocated for potential satellite sites around the country. The office planned to go through the comments and eventually post them online.

The America Invents Act marks the first overhaul of the U.S. patent system since 1952. It ensures that the patent office has funding to expedite the application process and switches the United States from the "first-to-invent" system to the "first-inventor-to-file" system for patent applications.

Source: http://www2.wjtv.com/news/2012/feb/25/lawmakers-push-ohio-as-possible-patent-office-site-ar-3299980/

Microsoft Patent | "Microsoft: Motorola's Patent Abuse Will 'Kill Video on the Web'"

By: Gladys Rama
Source: http://rcpmag.com
Category: Microsoft Patent

Microsoft filed a formal complaint against Motorola Mobility -- and, by extension, acquiring company Google -- with the European Commission on Wednesday, charging the handset maker of abusing its standard-essential patents.

This is the latest salvo in the patent feud between the two companies that began two years ago. In October 2010, Microsoft filed suit against Motorola alleging that Motorola's use of the open source, Google-backed Android OS in some of its devices violates Microsoft's patents. A month later, Microsoft filed another suit against Motorola, this time accusing it of charging "excessive" royalties for the use of wireless LAN and H.264 video codec technologies that Microsoft uses in its Xbox gaming console.

In response to the second suit, Motorola accused Microsoft of infringing 16 of Motorola's patents in multiple products. "Motorola Mobility has requested that Microsoft cease using Motorola's patented technology and provide compensation for Microsoft's past infringement," the company said at the time.
Now, Microsoft is accusing Motorola Mobility of charging exorbitant fees for those patents, particularly patents used in online video technologies.

"We have taken this step because Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products," wrote Dave Heiner, Microsoft's deputy general counsel, in a blog post Wednesday. "Their offense? These products enable people to view videos on the Web and to connect wirelessly to the Internet using industry standards."

Heiner's blog post, titled "Google: Please Don't Kill Video on the Web," contends that because the patents in question fall under the category of "standard-essential patents," Motorola should license them under FRAND terms -- "fair, reasonable and nondiscriminatory." However, according to Microsoft, the legal actions Motorola has taken against it are designed to either force the offending Microsoft products off the market or strip those products of any technologies that use the disputed patents.

"Motorola is on a path to use standard essential patents to kill video on the Web, and Google as its new owner doesn't seem to be willing to change course," Heiner wrote.

He pointed to Motorola's proposed royalty fees for the video patents as an example of the company's violation of FRAND terms:

"For a $1,000 laptop, Motorola is demanding that Microsoft pay a royalty of $22.50 for its 50 patents on the video standard, called H.264. As it turns out, there are at least 2,300 other patents needed to implement this standard. They are available from a group of 29 companies that came together to offer their H.264 patents to the industry on FRAND terms. Microsoft's patent royalty to this group on that $1,000 laptop?
"Two cents."

Microsoft is no stranger to patent disputes; besides its Android patent suit against Motorola from 2010, it is also currently locked in a legal battle with bookseller Barnes & Noble over the use of Android in Nook e-readers. Microsoft has signed intellectual property deals with 70 percent of Android hardware makers, some of which entail Microsoft receiving royalties from the device makers' use of Android in their products.
However, Heiner maintains Microsoft's approach to patents is different from Google's. "Microsoft is not seeking to block Android manufacturers from shipping products on the basis of standard essential patents. Rather, Microsoft is focused on infringement of patents that it has not contributed to any industry standard," he wrote. "And Microsoft is making its patents -- standard essential and otherwise -- available to all Android manufacturers on fair and reasonable terms."

Microsoft's complaint comes just a few days after Apple also accused Motorola Mobility of violating FRAND practices and less than a month after the EC began an investigation into alleged FRAND violations by Samsung Electronics, particularly Samsung's suit against Apple over the alleged infringement of Samsung patents considered essential to 3G standards. When the EC investigation of Samsung began, Florian Müller, a legal consultant who currently has a contract with Microsoft, noted, "If Samsung's conduct warrants an investigation, so does MMI's [Motorola Mobility Holdings Inc.'s] in my view. I watch the litigation activity of both companies and differences are only gradual."

Microsoft and Apple have both expressed support for FRAND and said that they will not seek injunctions on products that use standard-essential patents. However, Google, which is in the process of acquiring Motorola Mobility, has been more ambivalent. While the Google-Motorola Mobility deal has been approved by the EC and the U.S. Department of Justice, the latter has called out Google for its stance on standard-essential patent licensing:

"During the course of the division's investigation, several of the principal competitors, including Google, Apple and Microsoft, made commitments concerning their SEP [standard-essential patent] licensing policies. The division's concerns about the potential anticompetitive use of SEPs was lessened by the clear commitments by Apple and Microsoft to license SEPs on fair, reasonable and non-discriminatory terms, as well as their commitments not to seek injunctions in disputes involving SEPs. Google's commitments were more ambiguous and do not provide the same direct confirmation of its SEP licensing policies."

According to Müller, "While Apple and Microsoft have a clear 'no injunction' policy on standard-essential patents, Motorola tells the courts that a standard-essential patent is a lethal weapon and therefore entitles [the patent owner] to huge royalties and other demands." It remains to be seen whether Google, upon acquiring Motorola Mobility, will continue that company's hard-line approach to patent-protection, or amend it to better fit FRAND standards.

Source: http://rcpmag.com/articles/2012/02/23/microsoft-motorola-patent-abuse-will-kill-video.aspx

Microsoft Patent | "Patent wars: Microsoft takes Motorola to EU"

By: AFP
Source: http://news.asiaone.com
Category: Microsoft Patent

WASHINGTON - Microsoft on Wednesday filed a complaint with the European Commission against Google's Motorola Mobility in the latest salvo in an increasingly bitter patent war between technology giants.
Apple, which is embroiled in a multi-continent patent fight with South Korea's Samsung, lodged a similar complaint against Motorola Mobility with European competition regulators last week.

Both Microsoft and Apple accuse Motorola Mobility, which is being acquired by Google for $12.5 billion (S$15.7 billion), of unfairly using its patent portfolio to try to block competing products.

At issue are what are known as standard essential patents. SEPs are patents that have been identified by technology companies as necessary to allow them to build compatible products.

Motorola Mobility is failing to live up to an industry pledge to license SEPs to rivals on fair, reasonable and nondiscriminatory terms, according to Microsoft and Apple.

"Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products," Microsoft deputy general counsel Dave Heiner said, explaining the software giant's decision to file a complaint with the EC.

"Motorola is demanding that Microsoft take its products off the market, or else remove their standards-based ability to play video and connect wirelessly," Heiner said in a blog post.

"(Motorola) is on a path to use standard essential patents to kill video on the Web, and Google as its new owner doesn't seem to be willing to change course," he said.

A Google spokeswoman dismissed Microsoft's complaint as "another example of their attempts to use the regulatory process to attack competitors.

"It's particularly ironic given their track record in this area and collaboration with patent trolls," the spokeswoman said.

US and European regulators gave the green light last week to Google's acquisition of Motorola Mobility.
Google, whose Android software is used by smartphone and tablet computer makers, acquired 17,000 patents with the purchase of the Illinois-based maker of mobile phones, tablet computers and television set-top boxes.

Announcing the acquisition in August, Google chief executive Larry Page said it will "enable us to better protect Android from anti-competitive threats from Microsoft, Apple and other companies."
The US Justice Department's antitrust division, in approving the Google-Motorola Mobility deal, said Google, Apple and Microsoft had made commitments concerning their SEP licensing policies.

"The division's concerns about the potential anticompetitive use of SEPs was lessened by the clear commitments by Apple and Microsoft to license SEPs on fair, reasonable and non-discriminatory terms," it said.

Google's commitments, however, "were more ambiguous and do not provide the same direct confirmation of its SEP licensing policies," the department said. Heiner said Motorola Mobility "has refused to make its patents available at anything remotely close to a reasonable price."

"For a $1,000 laptop, Motorola is demanding that Microsoft pay a royalty of $22.50 for its 50 patents on the video standard," he said, while a group of 29 companies was making 2,300 other patents available for just two cents.

"If every firm priced its standard essential patents like Motorola, the cost of the patents would be greater than all the other costs combined in making PCs, tablets, smartphones and other devices," Heiner said.
Microsoft was not using SEPs in an attempt to block smartphones or tablets running Android, Heiner said, and he appealed to Google to change course.

"For a company so publicly committed to protecting the Internet, one might expect them to join the growing consensus against using standard essential patents to block products," he said.

Patent analyst Florian Mueller said on his FOSS Patents blog he expected the European Commission to "make a determination on the launch of full-blown investigations within a few months."

Mueller added that "if every owner of standard-essential patents behaved like Motorola, this industry would be in chaos, and grind to a halt.

"I don't dispute any company's right to defend its intellectual property vigorously, but when standard essential patents are involved, there must be clear limits."

Source: http://news.asiaone.com/News/Latest%2BNews/Science%2Band%2BTech/Story/A1Story20120223-329617.html

Google Patent | "Google files for patent on Siri-like TV user interface"

By: Don Reisinger
Source: http://www.zdnetasia.com
Category: Google Patent

Google has filed for a patent on a technology that would let users search their program listings with only the sound of their voice.

According to Patently Apple, which obtained the patent request, Google's application describes a method of allowing users to say a voice command through a mobile device. That command is then relayed to a television or set-top box--likely equipped with the company's Google TV platform--that displays the desired information.

According to Patently Apple, the patent describes one implementation in which a user asks, "When is 'Seinfeld' on?" The software on the television then displays the title, name of the episode, and when it will be on. The patent also relates to users searching for live TV shows and turning the set on, all with their voices.
The patent's description will immediately conjure up comparisons to Apple's Siri. According to numerous rumors swirling around Cupertino, Apple is planning to launch an HDTV by the end of this year that will work with the company's virtual personal assistant. Users will be able to give a command to Siri through the iPad or iPhone, and the Apple TV will respond to them, the rumors say.

Although it might have been purely coincidental, Patently Apple says that the Google application was filed with the U.S. Patent and Trademark Office just six days before Apple announced the launch of iCloud and Siri last year.

But Apple won't be Google's only concern with its voice-recognition feature. At the Consumer Electronics Show earlier this year, both LG and Samsung announced voice-control support in their new TV lines. LG's is made possible with its new Magic Remote. Samsung's implementation is powered by its new Smart Interaction technology, which also supports gesture control.

However, those services don't have what Google is proposing: long-distance control. According to Patently Apple, the search giant's patent filing includes mention of users being able to control their televisions from within one-quarter mile of the set, thanks to their smartphone or tablet's wireless connection. The distance between the devices would be determined by the GPS built into the respective smartphone or tablet.

"We file patent applications on a variety of ideas that our employees come up with," a Google spokesperson told CNET in an e-mailed statement. "Some of those ideas later mature into real products or services, some don't. Prospective product announcements should not necessarily be inferred from our patent applications."

Source: http://www.zdnetasia.com/google-files-for-patent-on-siri-like-tv-user-interface-62303951.htm

Apple Patent | "Apple files EU patent complaint against Motorola Mobility"

By: Marc Ferranti
Source: http://www.macworld.com.au
Category: Apple Patent

Apple Patent

Apple has asked the European Commission to intervene in its patent battle with Motorola Mobility, according to a filing with the U.S. Security and Exchange Commission (SEC) made by Motorola Mobility late Friday.

In its annual report, Motorola Mobility said that Apple has filed a complaint with the Commission, the European Union’s executive and regulatory body, regarding Motorola Mobility’s attempts to enforce patents related to various industry standards. In dispute are so-called essential patents held by private companies but used in industry standards and, in agreement with international standards and regulatory bodies, licensed under fair, reasonable, and non-discriminatory (FRAND) terms.

“On February 17, 2012, the Company received a letter from the European Commission, Competition Directorate-General, (the ‘Commission’) notifying it that the Commission has received a complaint against Motorola Mobility, Inc. (‘MMI’) by Apple, Inc. (‘Apple’) regarding the enforcement of MMI’s standards-essential patents against Apple allegedly in breach of MMI’s FRAND commitments,” Motorola Mobility said in its annual report. “Apple’s complaint seeks the Commission’s intervention with respect to standards-essential patents.”

Apple officials were not immediately available for comment.
“Motorola Mobility has had a long-standing practice of licensing our patents under Fair Reasonable Non-Discriminating (FRAND) Terms and we offered those to Apple,” according to a statement from Motorola Mobility.

The Apple complaint turns the heat up on a dispute that has been boiling for a while, and which has gained significance since Google recently won E.U. and U.S. approval to acquire Motorola Mobility for its portfolio of patents.

Apple earlier this month removed some products from its online store in Germany after getting hit with a court injunction by the Mannheim Regional Court, which had ruled that some iPhone and iPad devices infringe a Motorola patent. Shortly afterward, the injunction was suspended, freeing Apple to sell the products again.

The suspended injunction was one of a series of legal battles in Europe and the U.S. involving patent infringement. Motorola Mobility also accused the iPhone maker of infringing its technology patents in a Florida court last month.

On its part, Apple scored a victory Thursday as the district court in Munich on granted an injunction against some of Motorola’s smartphones for alleged violations of an Apple patent for unlocking touchscreens.
Underlying several of the patent cases is a disagreement over how companies should deal with essential patents. When patent-infringement negotiations over FRAND terms fail, Google has pressed for continued use of injunctions to block the sale of allegedly infringing products. Apple meanwhile, in a November letter to ETSI, (European Telecommunications Standards Institute), stressed the need for consistency with the licensing of essential patents, and suggested terms that include the promise to not block the sale of products.

As the number of patent dispute cases proliferate, the European Commission is likely intervene, according to Florian Mueller, a patent analyst. “I am sure that Brussels will take the time it needs to understand the issue, but time is of the essence because of what’s already going on, so I think a decision on whether or not MMI will be formally investigated is only a few months away,” Mueller said in his blog. “I think formal investigations are reasonably likely here.”

Source: http://www.macworld.com.au/news/apple-files-eu-patent-complaint-against-motorola-mobility-44845/

Apple Patent | "Apple files EU patent complaint against Motorola Mobility"

By: Marc Ferranti
Source: http://www.pcadvisor.co.uk
Category: Apple Patent

Apple-Motorola-Patent-War

Apple has asked the European Commission to intervene in its patent battle with Motorola Mobility, according to a filing with the U.S. Security and Exchange Commission (SEC) made by Motorola Mobility late Friday.

In its annual report, Motorola Mobility said that Apple has filed a complaint with the Commission, the European Union's executive and regulatory body, regarding Motorola Mobility's attempts to enforce patents related to various industry standards. In dispute are so-called essential patents held by private companies but used in industry standards and, in agreement with international standards and regulatory bodies, licensed under fair, reasonable, and non-discriminatory (FRAND) terms.

"On February 17, 2012, the Company received a letter from the European Commission, Competition Directorate-General, (the 'Commission') notifying it that the Commission has received a complaint against Motorola Mobility, Inc. ('MMI') by Apple, Inc. ('Apple') regarding the enforcement of MMI's standards-essential patents against Apple allegedly in breach of MMI's FRAND commitments," Motorola Mobility said in its annual report. "Apple's complaint seeks the Commission's intervention with respect to standards-essential patents."

Officials at the companies were not immediately available for further comment. The complaint, however, turns the heat up on a dispute that has been boiling for a while, and which has gained significance since Google recently won E.U. and U.S. approval to acquire Motorola Mobility for its portfolio of patents.
Apple earlier this month removed some products from its online store in Germany after getting hit with a court injunction by the Mannheim Regional Court, which had ruled that some iPhone and iPad devices infringe a Motorola patent. Shortly afterward, the injunction was suspended, freeing Apple to sell the products again.

The suspended injunction was one of a series of legal battles in Europe and the U.S. involving patent infringement. Motorola Mobility also accused the iPhone maker of infringing its technology patents in a Florida court last month.

On its part, Apple scored a victory Thursday as the district court in Munich on granted an injunction against some of Motorola's smartphones for alleged violations of an Apple patent for unlocking touchscreens.
Underlying several of the patent cases is a disagreement over how companies should deal with essential patents. When patent-infringement negotiations over FRAND terms fail, Google has pressed for continued use of injunctions to block the sale of allegedly infringing products. Apple's suggested terms, however, include the promise to not block the sale of products.

As the number of patent dispute cases proliferate, the European Commission is likely intervene, according to Florian Mueller, a patent analyst. "I am sure that Brussels will take the time it needs to understand the issue, but time is of the essence because of what's already going on, so I think a decision on whether or not MMI will be formally investigated is only a few months away," Mueller said in his blog. "I think formal investigations are reasonably likely here."

Source: http://www.pcadvisor.co.uk/news/tech-industry/3338605/apple-files-eu-patent-complaint-against-motorola-mobility/

Apple Patent | "Patents: Apple wins over Motorola in 'slide-to-unlock' ruling"

By: BBC News
Category: Apple Patent

Apple Patent

Apple has won a patent dispute against Motorola Mobility regarding a "slide-to-unlock" feature on smartphones.

The judgement marks Apple's first patent victory over Motorola in any part of the world.
Patent consultant Florian Mueller said the ruling could affect patent disputes involving Android device makers worldwide.

Motorola said it planned to appeal and the judgement would have "no impact" on supply or future sales.
A spokeswoman for the Motorola said: "Today's ruling in the patent litigation brought by Apple in Munich, Germany, concerns a software feature related to phone unlocking in select Motorola devices sold in Germany.

"Motorola has implemented a new design for the feature. Therefore, we expect no impact on current supply or future sales."

Apple said it would not be commenting on the decision.
'Global battle'
 
Motorola Mobility is in the process of being acquired by Google, and most of its handsets run on the search firm's mobile operating system, Android.

The Android system is Apple's closest rival in the mobile market.

Mr Mueller, a patent expert who has in the past consulted for Microsoft, described the ruling as a "very significant win for Apple against Android".

"After Google closes the acquisition of Motorola Mobility, the Apple-Motorola Mobility dispute will soon gain importance transcending that of the global battle with Samsung," he said.

While this decision relates solely to activity in the German market, the decision could potentially help Apple with other patent disputes in other parts of the world, Mr Mueller added.

"Apple is already asserting the slide-to-unlock patent in different jurisdictions against all three leading Android device makers and might use it against even more of them going forward."

The patent in question - EP1964022 - relates to the process of unlocking a smartphone by simply swiping a finger from one area of the screen to another.

A second patent ruling, which covers a method of scrolling through pictures in a photo gallery on mobile device, was also due on Thursday but was postponed by the court.

Source:  http://www.bbc.co.uk/news/technology-17058508

Apple Patent | "Apple Goes to Court to Block Sales of Samsung's 'Galaxy Nexus' Smartphone"

By: FOX BUSINESS
Source: http://www.foxbusiness.com
Category: Apple Patent

SAN JOSE, Calif. –  Apple Inc. has asked a California court to issue a preliminary injunction to block sales of Samsung Electronics Co.'s new Galaxy Nexus smartphone, alleging the device infringes four Apple patents.
The step marks another escalation of the sprawling legal battle between the world's two top sellers of smartphones, with Apple redrawing its arguments to account for Samsung's rising position in the business.
Apple argues the new Samsung phone -- which uses a new version of Google Inc.'s Android operating software dubbed Ice Cream Sandwich -- is the most credible competitor yet to its iPhone and poses a potent threat to Apple's market share.
Apple's suit, filed Wednesday in US District Court in San Jose, accuses Samsung of violating patents that are distinguishing features of the iPhone.
The suit contrasts with Apple's original case against Samsung, filed in the same court last April and expected to go to trial this summer, by concentrating on technical patents rather than design-oriented ones.
One patent, for example, covers a function known as slide-to-unlock, in which customers gain access to their phones by sliding an image of a button across the screen.
Another patent covers technology for searching multiple sources of information at once, an element of a voice-search technology called Siri introduced last year.
Siri uses the function when customers speak into their phones, and are given responses that gather information from the phone and several different websites.
Apple argued the Galaxy Nexus acts in the same way when customers type in their requests into the device's search function.
Apple also said Samsung violated a patent for detecting bits of information, such as a phone number in an email, that customers can tap on to quickly make a phone call.
In December, the International Trade Commission banned Android phones made by Taiwanese smartphone maker HTC Corp. that the agency said violated that patent.
Samsung said in a statement it was aware of the new filings by Apple and it would continue to "defend against Apple's claims to ensure our continued innovation and growth."
An Apple spokeswoman reiterated the company's earlier statements that Samsung copied its products.
Apple's latest efforts highlight the big stakes and tightening competition in smartphones. During the fourth quarter, Apple inched out Samsung, with 23.5 percent of global smartphone shipments compared to Samsung's 22.8 percent, according to market research firm IDC.
In the third quarter, Apple's share had dropped to just 14 percent, compared to Samsung's 23 percent, as consumers held off to buy a rumored new iPhone.

Source: http://www.foxbusiness.com/technology/2012/02/14/apple-goes-to-court-to-block-sales-samsungs-galaxy-nexus-smartphone/#ixzz1mQbYBdvN

Google Patent | "Google gets U.S., EU nod to buy Motorola Mobility"

By: Diane Bartz
Source: http://www.reuters.com
Category: Google Patent


(Reuters) - U.S. and European regulators approved Google Inc's $12.5 billion purchase of Motorola Mobility Holdings Inc and said they would keep a sharp eye on the web search giant to ensure patents critical to the telecommunications industry would be licensed at fair prices.
It was one of a series of approvals on Monday that underscored the scramble by technology companies to acquire big pools of patents.
The U.S. Justice Department also approved an Apple Inc-led consortium's purchase of a trove of patents from bankrupt Canadian company Nortel Networks Corp and signed off on Apple's purchase of patents formerly owned by Novell Inc.
Google, whose Android software is the top operating system for Internet-enabled smart phones, said in August it would buy phone-maker Motorola for its 17,000 patents and 7,500 patent applications, as it looks to compete with rivals such as Apple and defend itself and Android phone manufacturers in patent litigation.
The acquisition, the largest in Google's history, will also mark the Internet search company's most significant foray into the hardware business - a market in which it has little experience. Some investors have worried that Google's profit margins may suffer as it becomes a hardware maker, although Google has said it intends to run Motorola as a separate business unit.
Regulators in China, Taiwan and Israel have still not signed off on the Google purchase of Motorola.
Google shares finished Monday's regular trading session up 1 percent at $612.20.
Antitrust enforcers on both sides of the Atlantic want to prevent companies from gouging rivals when they license patents essential to ensuring different communications devices work together.
"This merger decision should not and will not mean that we are not concerned by the possibility that, once Google is the owner of this portfolio, Google can abuse these patents, linking some patents with its Android devices. This is our worry," EU Competition Commissioner Joaquin Almunia told reporters in Brussels.
The U.S. Justice Department said it was reassured by Apple's and Microsoft's public statements that they would not seek injunctions in filing infringement lawsuits based on the Nortel patents.
"Google's commitments have been less clear," the Justice Department added in a statement. "The division determined that the acquisition of the patents by Google did not substantially lessen competition, but how Google may exercise its patents in the future remains a significant concern."
Almunia said the EU might be obliged to open some cases in the future.
"This is not enough to block the merger, but we will be vigilant," he said.
Regulators in China have until March 20 to decide whether to approve the deal or start a third phase of review, according to a source close to the situation.
The purchase would give Google one of the mobile phone industry's largest patent libraries, as well as hardware manufacturing operations that will allow Google to develop its own line of smart phones.
Google, the newest major entrant to the mobile market, is already being sued for patent infringement by Oracle Corp, which is seeking up to $6 billion.
The legal battles over patents between technology and smartphone companies has prompted the European Commission to open an investigation into legal tactics used by Samsung Electronics Co Ltd against Apple and whether these breach EU antitrust rules.
Some regulatory experts said the DOJ's comments in approving Google's acquisition of Motorola appeared to be more than mere boilerplate.
"They have to proceed with caution and tread lightly," said Shubha Ghosh, a professor at University of Wisconsin Law School who specializes in antitrust law and intellectual property, with regards to Google.
Regulators will be on the lookout for practices that might limit the entry of new smartphones or new technologies.
"If Google makes it more difficult for new technologies to emerge, by locking-in existing licensees of the patents so that it becomes not profitable for them to adopt other technologies, that's the kind of thing that might give rise to antitrust scrutiny down the road," said Ghosh.
Google's move to buy Motorola Mobility came shortly after it tried and failed to buy Nortel's patents. The winner was an Apple-led consortium, which includes Research in Motion Ltd, Microsoft Corp, EMC Corp, Ericsson and Sony Corp, which agreed in July to pay $4.5 billion for 6,000 patents and patent applications.
Google, which runs world's No. 1 Internet search engine, has been under increasing regulatory scrutiny. The U.S. Federal Trade Commission and the European Union are both investigating Google following accusations it uses its clout in the search market to beat rivals as it moves into related businesses.

Source: http://www.reuters.com/article/2012/02/14/us-google-motorola-eu-idUSTRE81C1HE20120214

Patent News | "Google's Motorola takeover could trigger fresh patents battle with Apple"

By: Charles Arthur
Source: http://www.guardian.co.uk
Category: Patent News

The European Commission and the US Department of Justice have given the go-ahead to Google's $12.5bn (£10.4bn) acquisition of Motorola Mobility (MMI), the US handset and set-top box maker – a move that will open a new and potentially explosive chapter in the fight over smartphone patents.
China must also do the same before the merger can be completed.
The approval puts Google and Apple at loggerheads as the Motorola subsidiary tries to squeeze the iPhone maker for payments on patents that chipmaker Qualcomm, an iPhone chip supplier, says have already been licensed.
But in a clear shot across Google's bow, the US Department of Justice said in a statement accompanying its approval that while Apple and Microsoft had made clear commitments over licensing of "standards-essential patents" (SEP) for use in smartphones, "Google's commitments were more ambiguous and do not provide the same direct confirmation of its SEP licensing policies." For that reason, the DoJ would continue to monitor the market and "will not hesitate to take appropriate enforcement action to stop any anticompetitive use of SEP rights".
The EC had a similar warning. Following an extended review of the proposed merger, on which the two companies shook hands in August, the EC declared on Monday evening that it has decided that the deal would not affect the supply of Android software to other handset makers. But Joaquin Almunia, the EC's competition commissioner, warned that "the commission will continue to keep a close eye on the behaviour of all market players in the sector, particularly the increasingly strategic use of patents."
Google has said that it is buying MMI, which made the first mobile phones, because of the strength of its portfolio of 17,000 existing and 7,500 pending patents covering a huge range of essential standards in the wireless and mobile fields, as well as other areas. The acquisition will allow Google to provide patent protection to device makers using its Android mobile operating system, who are now facing legal attacks over patents from companies including Apple and Microsoft.
Microsoft has already forced companies including Samsung, which makes almost 50% of all Android handsets, and HTC to sign per-handset royalty deals where it claims patent ownership. The software giant claims that 70% of Android handsets sold in the US are covered by such deals – and it is after more, such as China's Huawei, another Android handset maker. Microsoft is also locked in patent battles with MMI.
Apple last week filed a potentially explosive lawsuit in the US, claiming that MMI is abusing its ownership of essential patents used for mobile phones, after it wrote to Apple and chipmaker Qualcomm in January. In the letter, MMI revoked Apple's ability to use two patents embedded in Qualcomm chips used in the iPhone. Such specific revocations are not normally allowed under the terms on which "essential" patents are licensed: if Motorola is found to have breached the "FRAND" (fair, reasonable and non-discriminatory) rules around the licensing of its patents then it could face sanctions from standards bodies, and damages from Apple.
Apple is seeking to extend the case to Germany, where it is fighting attempts by Motorola to impose bans on sales of its iPhone 4S handset and on the use of its iCloud web storage and synchronisation service.
If Apple can show that MMI is abusing FRAND patents, that could bring the case to the attention of Joaquin Almunia, the EC's competition commissioner, who warned in a speech on Friday that "Owners of such standard essential patents are conferred a power on the market that they cannot be allowed to misuse."
In approving the takeover, Almunia added that the decision "does not mean that the merger clearance blesses all actions by Motorola in the past or all future action by Google" and that any action on "the question [of] whether Motorola's or Google's conduct is compliant with EU antitrust law" would be taken separately.
Almunia could impose fines for abuse of up to 10% of a company's global turnover – which, following the merger, would amount to billions. Google's largest previous fine was $500m, exactedlevied by the US government last August, for its role in the illegal sale over the internet of pharmaceutical drugs from Canadian outlets to the US.
MMI was spun off from the larger Motorola company in January 2011, but has since struggled financially, recording net losses in every quarter and losing both money and market share in its handset business. While its revenues of around $3.4bn per quarter will be small compared to Google's, which passed $10bn in the fourth quarter, it is expected to bring tax benefits which will mean it has no net effect on profitability.
Google has said repeatedly that it will run the MMI business at arm's length, and will not favour it over other handset makers using the Android software. But analysts suspect that it will increasingly look to its subsidiary to showcase handsets with new versions of Android, as it tries to enforce greater conformity on the rapidly growing use of the software.
Almunia's team has yet to rule on a separate investigation into Google's behaviour in Europe, where it is deciding whether to mount a full antitrust investigation over advertising and search practices. A decision is expected in March.

How Motorola bid itself up by 33%

Last July Larry Page, chief executive of Google, contacted Motorola Mobility after losing the bid for a series of patents being auctioned from the bankruptcy of Canadian communications company Nortel. Google, bidding with Intel, had given up when the bids by a team of Apple, Microsoft and BlackBerry-maker RIM reached $4.5bn – but its Motorola bid would go far beyond that.
According to a SEC filing made by Motorola following the agreement of the acquisition, Google indicated it would be interested in buying the company – and two weeks later, on 20 July, the famed "corporate raider" Carl Icahn, then holding about 11% of the company, told Sanjay Jha, MMI's chief, that the company "should explore alternatives for the MMI patent portfolio". In other words, Icahn was saying: sell. (Icahn disclosed this advice in a filing on the day he made it.)
A week later, Google said it was considering buying the company for a price "in the high $20s or low $30s". On 1 August, Google made its first formal bid, of $30 per share – valuing MMI at $9.4bn.
But Jha held out, and by 7 August had Nikesh Arora, Google's lead negotiator - who is now tipped to take over from Jha in the merged company - calling him to offer a raised bid of $37.
On the same day. Jha made a speech in which he mused very publicly about suing the other makes of Android handsets for infringing Motorola's patent portfolio, and raised the possibility of teaming up with Microsoft, rather than Google, and adopting its new Windows Phone software and dropping Android.
It did the trick: by the end of the day Google had raised its price to $40 per share - which was good enough for Jha and the MMI board. They had squeezed Google to a $12.5bn offering; Icahn's stake had risen in value from $750m when Google first approached MMI, to $1.34bn when the deal was done. Icahn owes Jha a big favour - and if, as some expect, the chief executive is pushed aside in favour of Arora when the merger is complete, Icahn may be in a position to repay him.

Source: http://www.guardian.co.uk/technology/2012/feb/14/google-motorola-mobility-apple-patents

Patent News | "Motorola Mobility fails to make patent case against Apple in German court"

By: Peter Sayer
Source: http://reseller.co.nz 
Category: Patent News

Apple-Motorola Patent

A German court has thrown out a Motorola Mobility patent lawsuit against Apple, breaking a recent run of courtroom successes for the company.

The patent enforcement action was dismissed, a spokesman for the District Court in Mannheim, Germany, said Friday.

While this ruling went in Apple's favor, the company's products are the subject of a number of other patent infringement lawsuits in Germany, brought by Motorola Mobility and also Samsung Electronics. Last week, Motorola Mobility succeeded briefly in blocking sales of Apple's mobile phones in Germany, winning an injunction to enforce an earlier patent ruling that Apple had infringed a patent essential to the GPRS (General Packet Radio Service) mobile communications standard.

Such injunctions have themselves become a bone of contention between Apple and other patent holders. Apple feels that they should not be used in relation to standards-essential patents. But injunctions are considered fair game by rival mobile OS developer Google, which could soon become the owner of Motorola Mobility if antitrust authorities approve the deal.

In Friday's judgment, the court ruled that Motorola Mobility failed to present conclusive evidence that Apple had infringed its patent, according to patent analyst Florian Mueller.

That's because, he said, Motorola Mobility relied on an argument that its European Patent 1053613, on a "method and system for generating a complex pseudonoise sequence for processing a code division multiple access signal," is essential to the UMTS (Universal Mobile Telecommunications System) standard for communications, and that Apple had necessarily infringed on it in implementing the standard in its 3G phones.

Many standards bodies -- including the European Telecommunications Standards Institute (ETSI), which set the UMTS standard -- require that companies helping write the standard declare any relevant patents they hold and agree to license those essential to the standard on fair, reasonable and non-discriminatory terms. But because the essential nature of such patents is typically determined by the patent holder itself, Motorola Mobility's argument is somewhat circular.

Motorola Mobility failed to demonstrate that the accused Apple products actually practice the claimed invention, Mueller wrote on his FOSS Patents blog. It "didn't show any kind of actual implementation (neither hardware nor software), and arguing merely on the basis of the specifications of the standard was insufficient to win."

While demonstrating in court that a mobile phone's user interface infringes a patent may be simple enough, showing how the chips or the low-level software inside it work is a different matter. But Motorola Mobility may still try to make that case: according to Mueller, the company is asserting the same patent against Apple's online store in a lawsuit filed in district court in Dusseldorf -- and that case has not yet gone to trial.

An Apple spokesman said the company was aware of the ruling but declined to comment on the case, while Motorola Mobility representatives did not return requests for comment.

Source: http://reseller.co.nz/reseller.nsf/inews/motorola-mobility-fails-to-make-patent-case-against-apple-in-german-court

Apple Patent | "Apple Sues Samsung, Adds Infringement Claims"

By: Joel Rosenblatt
Source: http://www.bloomberg.com
Category: Apple Patent


Apple Inc. (AAPL)’s newest lawsuit against Samsung Electronics Co., set for a hearing May 2, increases the number of Samsung devices that Apple argues infringe its products.


Apple seeks a court order blocking the alleged infringement in smartphones such as Samsung’s Galaxy S II Skyrocket and Galaxy S II Epic 4G Touch, which use Google Inc. (GOOG)’s Android operating system, and Samsung’s Galaxy 4.0 and 5.0 media players.

In December, Apple lost a similar request for a court order blocking sales of Samsung’s 4G smartphone and Galaxy Tab 10.1 tablet computer. Trial for that case is set for July 30.

“Despite that lawsuit, Samsung has continued to flood the market with copycat products, including at least 18 new infringing products released over the last eight months,” according to the complaint filed Feb. 8 in federal court in San Jose, California.

“Samsung has systematically copied Apple’s innovative technology and products, features, and designs, and has deluged markets with infringing devices in an effort to usurp market share from Apple,” according to the complaint.

Samsung’s newer products infringe patents at issue on the previous case as well as additional patents Apple issued since the earlier case was filed, Apple said. “Apple is filing this suit to put an end to Samsung’s continued infringement,” according to the complaint.

30 Lawsuits

Samsung continues to “assert our intellectual property rights and defend against Apple’s claims,” its Seoul-based spokesman Nam Ki Yung said today.

The two companies have filed at least 30 lawsuits against each other, according to Samsung. The conflict began in April, when Apple filed the first San Jose lawsuit claiming the Suwon, South Korean company’s Galaxy devices copied the iPhone and iPad.

The case is Apple Inc. v. Samsung Electronics Co. (005930) Ltd.,12- cv-00630, U.S. District Court, Northern District of California (San Jose). The previous case is Apple Inc. v. Samsung Electronics Co., 11-01846, U.S. District Court, Northern District of California (San Jose).

Source: http://www.bloomberg.com/news/2012-02-12/apple-expands-number-of-patent-claims-against-samsung-in-latest-lawsuit.html

Apple Patent | "Apple files another US patent suit against Samsung"

By: Nancy Weil
Source: http://www.pcadvisor.co.uk
Category: Apple Patent

Apple Patent

Apple has filed another U.S. patent lawsuit against Samsung Electronics and is seeking a preliminary injunction asking a federal judge to halt sales of the Samsung Galaxy Nexus smartphone while the case makes its way through the court.

The lawsuit was filed Thursday in U.S. District Court for the Northern District of California, with a redacted copy of the case made publicly available Friday night. The lawsuit involves four Apple patents for technology that allows users to touch a phone number on a Web page to dial the number, word placement, Siri voice recognition and unified search, and the ability to unlock a smartphone by sliding an image from one location to another.

"Sales of the Galaxy Nexus during this litigation will cause irreparable harm to Apple," the company said in the lawsuit. "The smartphone market is at a critical juncture, as the overwhelming majority of consumers move to smartphones, and the consumers' long-term preferences and purchases may be determined to a great extent by the operating system on their first smartphone." The importance of that initial purchase "is precisely why Samsung copies Apple's products and incorporates Apple's patented features, i.e., in order to lure crucial first-time purchasers away from Apple."

Samsung's decision to sell the Galaxy Nexus in the U.S. "is all the more egregious considering that Samsung did so in the face of this Court's prior determination that Samsung's earlier devices likely infringe certain Apple patents and that sales of such devices would likely cause Apple 'to lose market share to Samsung' that 'could support a finding of irreparable harm'," the latest lawsuit says.

Google and Samsung in October of last year unveiled the Galaxy Nexus, which runs Ice Cream Sandwich, the latest version of the Android operating system. The Apple lawsuit specifically targets Ice Cream Sandwich "with its interactive features" in the lawsuit, contending that Galaxy Nexus sales will mean that "Apple loses not only market share in the smartphone market, but also an untold number of sales in the broader mobile device market."

Besides losing potential iPhone customers to the Galaxy Nexus, Apple will also suffer "incalculable" lost sales for iMacs, Macbooks and Apple TVs, the company contends. Further, Apple will be deprived of revenue it would have made through the iTunes store for both digital media and apps sales.

Apple has filed lawsuits against Samsung around the world, claiming that Samsung products including smartphones and tablets violate numerous Apple patents. Apple has been granted injunctions in a number of the cases, with judges ordering Samsung to stop selling specific products, as well as requiring the company to make changes to its products. A German judge ruled last week that changes Samsung Electronics has made to the Galaxy Tab 10.1N are enough that Apple's intellectual property rights are no longer being infringed with that product. However, another judge in a separate German court ruled that Samsung can continue to sell the Galaxy Nexus in Germany.

Apple contends in the new U.S. lawsuit that it "has been forced to relentlessly pursue Samsung all over the world" and "yet while these cases progress -- even after this Court found Apple likely to succeed on its infringement claims against prior Samsung devices -- Samsung continues to launch infringing copycat products with impunity, all with the assumption that courts, including this court, will not stop Samsung before the gain to Samsung, and harm to Apple, is virtually irreversible."

Representatives of Samsung could not immediately be reached to comment about the lawsuit. The company has, however, continued to defend itself against the lawsuits Apple has filed worldwide.

Source: http://www.pcadvisor.co.uk/news/mobile-phone/3336798/apple-files-another-us-patent-suit-against-samsung/

Patent News | "Jury strikes down Eolas' 'Interactive Web' patent"

By: Steven Musil
Source: http://news.cnet.com
Category: Patent News 




Web companies such as Google and Amazon won a closely watched patent-infringement lawsuit today when a jury ruled that a patent central to the complaint was invalid.

A federal jury in Tyler, Texas, deliberated for just a few hours this afternoon before concluding that all of Eolas Technologies' claims of ownership to a patent related to the "Interactive Web" were invalid, according to a Wired report. Also challenging the validity of the patents were Adobe Systems, CDW, JCPenney, Staples, and Yahoo.

Eolas and the University of California contended it was due $600 million in royalties from the Web companies for alleged violation of a patent its founder Michael Doyle, along with two co-inventors, were awarded back in 1998. The company and the University of California, which co-owns the patents because they originated from work Doyle did while employed by the school, claimed a host of Web sites were infringing on the patent by way of online video streaming, search suggestions, and other "interactive" elements on pages.

More than a dozen companies were named in the original 2009 lawsuit, including Adobe Systems, Amazon, Apple, Blockbuster, Citigroup, eBay, Frito-Lay, Go Daddy, Google, J.C. Penney, JPMorgan Chase, Office Depot, Perot Systems, Playboy Enterprises, Staples, Sun Microsystems, Texas Instruments, Yahoo, and YouTube. However, Office Depot, Rent-A-Center, Playboy, Oracle, and others have already opted to settle with Eolas.

The father of the Internet, Tim Berners-Lee, testified in the case earlier this week that allowing the patents to be upheld could prove to be a major threat to the Internet as it's known today. Berners-Lee welcomed news of the ruling, tweeting, "Texas jury agreed Eolas 906 patent invalid. Good thing too!"

A Google spokesperson said the company was pleased with the ruling, adding that "it affirms our assertion that the claims are without merit."

The patent-holding company has used its many patents to sue companies over the years. The company's best-known suit was against Microsoft, when it argued that the software giant's Internet Explorer used plug-ins and applets that infringed a patent it held. Microsoft was able to appeal an early ruling that required the company to pay Eolas more than $500 million, but eventually settled the case out of court for an undisclosed--but reportedly massive--sum.

Source: http://news.cnet.com/8301-1023_3-57374394-93/jury-strikes-down-eolas-interactive-web-patent/

Google Patent | "Google: That 2.25 Percent MoMo Patent Royalty Sounds About Right to Us"

By: John Paczkowski
Source: http://allthingsd.com 
Category: Google Patent 

Google MoMo Patent

Motorola Mobility’s demand that Apple pay it patent royalties of 2.25 percent on sales of some iPhones and iPads raised a lot of eyebrows. But not at Google, which could close its acquisition of Motorola Mobility as early as next week.


Evidently, Google has no trouble with that percentage at all.

In a letter to the Institute of Electrical and Electronics Engineers (IEEE) today, Google said that should it complete its proposed acquisition of Motorola Mobility, it will license the company’s standard-essential patents under “fair, reasonable, and non-discriminatory” terms (FRAND). To that end, it will honor Motorola Mobility’s existing essential patent licensing commitments and grant new ones going forward with “a maximum per-unit royalty of 2.25 percent.”

Now that might not sound like an untoward sum, but applied against a device’s selling price it’s sizable. A rate of 2.25 percent on 2011 iPhone sales, for example, would have amounted to about $1 billion in potential royalties for Motorola.

That doesn’t seem fair or reasonable. More to the point, it runs contrary to the principles of FRAND licensing commitments and bolsters arguments recently made by both Apple and Microsoft that the mobile industry really needs a consistent patent licensing scheme.

“It’s a prohibitive royalty rate as long as they want to apply it against the selling price of what they call the ‘relevant end product,’” says FOSS Patents’ Florian Mueller. “If they asked for 2.25 percent of the price of a baseband chip, they would at least propose a reasonable royalty base and one could then talk about how many patents go into such a chip and what the relative value of their patents is. But 2.25 percent of the selling price of the product as a whole is absolutely out of step with the concept of FRAND and with industry practice.”

Source: http://allthingsd.com/20120208/google-that-2-25-percent-momo-patent-royalty-sounds-about-right-to-us/?refcat=mobile

Motorola Patent | "Motorola seeking 2.25% of Apple's mobile sales for 3G patent use"

By: Jose Vilches
Source: http://www.techspot.com 
Category: Motorola Patent 

Motorola has been causing some trouble for Apple in Germany recently, with the company winning and injunction on iCloud and enforcing a previous ruling that required the Cupertino giant to pull some iPhone models from stores in that country. The sales ban only lasted a few hours as Apple managed to win a suspension later in the day. Now, some new details have surfaced regarding the ongoing battle.
According to recently uncovered court documents from Motorola Mobility's legal complaints against Apple, the handset maker is seeking 2.25% of Apple's sales of wireless devices in exchange for a patent license covering its intellectual property. Should the company win its case, it stands to receive nearly $2.1 billion in retroactive fees from iPhone revenues since 2007, which amount to just under $93 billion. That's before factoring in 3G enabled iPads.
At issue in this particular case is a 3G/UMTS patent owned by Motorola that has previously been declared essential in implementing open industry standards and thus the company must license it under FRAND (“fair, reasonable and non-discriminatory) terms to any competitor that requires it.
Apple contends that the 2.25% fee is excessive -- something that Florian Mueller of FOSS Patents agrees with -- and has filed motions to obtain information from several other handset vendors, including Nokia, HTC, LG, and Sony Ericsson, presumably to find out how much they're paying in royalty fees to Motorola.
If Apple can prove Motorola has abusively wielded its FRAND patents then it could not only escape the sales injunction in Germany, but throw Motorola in the middle of an an antitrust investigation with the European Commission. The EC is already investigating Samsung over potential antitrust behavior for the same thing.
On the other hand if the courts decide that Motorola's licensing proposal is reasonable, Apple would have to decide between letting its cost structure take the hit or possibly having to negotiate a cross-licensing deal that could grant Motorola -- and by extension Google -- access to some of its own patented innovations.

Source: http://www.techspot.com/news/47335-motorola-seeking-225-of-apples-mobile-sales-for-3g-patent-use.html