Patent News | "Allied Healthcare Group granted Singapore patent, boosts commercial prospects for ADAPT®"

By: http://www.proactiveinvestors.co.uk
Category: Patent News 


Allied Healthcare Group’s (ASX: AHZ) subsidiary Celxcel has improved the commercial prospects of its ADAPT®-Tissue Engineering Process (TEP) with the successful granting of a patent covering the technology in Singapore.

Celxcel chief executive officer Bob Atwill said, “The Celxcel technology has a robust patent position around our current platform technology (ADAPT®-TEP) and we continue to pursue filings to cover our future portfolio of products.”

ADAPT®-TEP is a technology platform which has been used across a number of tissue types for use in cardiovascular, pelvic floor reconstructions and hernia repair applications.

Celxcel is also evaluating how the process can be used in orthopaedics and as a biological scaffold to grow and deliver stem cells.

The company has received patents in a number of key jurisdictions already including Australia, New Zealand and China.

Celxcel also has a number of patent applications in the pipeline in other key jurisdictions, including the U.S., Europe, Japan, Israel and Canada.

Highlighting the substantial progress Celxcel is making with its ADAPT®-TEP technology, the company successfully implanted its cardiovascular patch CardioCel® during a double valve leaflet reconstruction earlier this month.

Importantly, normal valve function was regained after these reconstructions and all animals survived the open-heart surgical procedures without any adverse effects or immediate complications.

Allied Healthcare Group managing director Lee Rodne told Proactive Investors previously that in the U.S. alone, the cardiovascular tissue space generates around US$700 million in revenues and is growing.

“We don’t need to capture all of that market share to have significant revenue,” he said.

The successful valve reconstruction demonstrates the wider applications of its ADAPT®-TEP technology.

“This technology has the potential to change the way paediatric surgeons approach individualised reconstructions of deformed or damaged heart valves using our technology,” Rodne said.

“Positive results will also open up further commercial discussions on the potential applications for CardioCel®.”


Allied Healthcare’s Growth

Allied Healthcare is on the cusp of building a global healthcare company. The company has expanding revenues, with the objective to increase this to $20-30 million within two to three years via organic growth and acquisitions.

The regenerative medicine market is currently around $3 billion and growing. Allied Healthcare has the upper hand, because at present there is no similar product available to surgeons on the market.

The initial application for the CardioCel® patch is congenital heart disease. About eight in 1,000 children are born with the disease and around half of them have surgery. This presents an extensive global market potential for the technology.

Celxcel is targeting the filing for approval of CardioCel® in various markets and the initial market launch in 2012-13.


Source: http://www.proactiveinvestors.co.uk/companies/news/40385/allied-healthcare-group-granted-singapore-patent-boosts-commercial-prospects-for-adapt--40385.html

Patent News | Are Yahoo's patents strong enough to topple Facebook?"

By: Jon Brodkin
Source: http://arstechnica.com
Category: Patent News

Patent News

In its surprising patent infringement lawsuit against Facebook, Yahoo is taking advantage of several factors to pin its former partner into a position of weakness.

For one, Yahoo has existed longer than Facebook, giving it more time to obtain patents covering Web technologies, even if it didn't put all those patented innovations to good use itself. Second, Yahoo's lawsuit—filed Monday—was strategically timed to occur after Facebook's filing for an initial public offering, but before the IPO actually takes place. To satisfy investors, Facebook may be forced into a costly settlement rather than risk a long, legal battle that could harm the company's perceived market valuation.

Third, Facebook appears to have a tiny patent portfolio compared to Yahoo's. Facebook's patents or lack thereof have no direct impact on the merits of Yahoo's lawsuit, but a bigger and stronger patent portfolio could allow Facebook to file a countersuit against Yahoo, putting it into a position of strength in settlement negotiations.

If the lawsuit heads to a trial, Facebook can argue that Yahoo's patents are invalid, too broad, or simply aren't infringed upon by Facebook's technology. But arguing against every claim in each Yahoo patent will be a difficult task. The ten patents combined lay claim to 285 methods and technologies, and invalidating one portion of a patent doesn't necessarily invalidate the rest.

"Separate and apart from the question of the individual strength of any of these patents, there are still ten patents and a few hundred claims here," IP attorney Patrick Patras of Hinshaw & Culbertson LLP in Chicago told Ars. "It would be very difficult for an accused infringer to succeed against all of that."

Is this patent really valid? It'll cost you to find out

To see a full list of the ten patents Yahoo is asserting against Facebook, consult this previous story, in which we noted Yahoo's claim that "Facebook's entire social network model … is based on Yahoo!'s patented social networking technology."

Determining whether each patent will hold up in a court of law is something that can't be done simply by skimming the patent summaries and claims. Many of the technologies that may seem obvious now may not have been when Yahoo filed for the ten patents between 1997 and 2007.

"This is the issue with patent law, until we spend millions of dollars litigating these patents we really don't have a good sense of how strong they are, what they actually cover, whether they're valid or not valid," Penn Law Professor R. Polk Wagner told Ars. "Patents are merely hunting licenses and nothing more. They simply give you the ability to claim against somebody else and they're subject to attack on a number of grounds."

Yahoo's patents broadly cover privacy controls, advertising systems, customization of data streams and web pages, integration between e-mail and IM, and managing the view of a social network user's personal information.

"What the Yahoo patents appear to be doing looks pretty similar to what Facebook is doing," Wagner said. "On the other hand, patents like this that have pretty broad claims often have problems in terms of the amount of prior art that can be used against them."

Poking holes in Yahoo's patent claims

Patents can be attacked based on whether they cover innovations that were obvious at the time of filing. They can also be attacked on the question of whether the technology described is eligible for patenting at all. Patras notes that patents are more likely to hold up in court if they can meet the "machine-or-transformation test," which requires use of a specialized machine or transformation of something from one physical state to another.

Patras points out one patent in particular that Yahoo will have a hard time defending in court. This is patent #7,373,599, covering a method and system for optimizing placement of advertisements on a webpage. Importantly, the advertising placement is determined in part by user requests. Patras believes Yahoo is vulnerable on this patent because instead of merely alleging direct infringement—which can be proven even if Facebook had no knowledge of the patent—Yahoo also alleges that Facebook is "inducing infringement by its users." To be found guilty of inducing its own users to infringe a patent, Facebook would have to have knowingly violated the patent. And in order drive up the amount of damages awarded to Yahoo, Yahoo would have to prove Facebook knowingly violated the patent for years. 

"One would not typically go to an indirect claim like inducement if you didn't have to," Patras said.

For the other nine patents, Yahoo alleges direct infringement, which is easier to prove. For all ten patents, Yahoo only notified Facebook of the alleged violations on Feb. 27, and filed suit two weeks later. Licensing negotiations typically take at least a few months, Patras said. The short time frame between the notification and lawsuit suggests Yahoo made little serious attempt to negotiate a license, and was simply planning to sue. 

While the short notification time frame is problematic for Yahoo's inducement claim, Patras said the act of making that notification and detailing it in the lawsuit helps provide a basis for Yahoo's argument that damages should be tripled in the event that it wins the case. Yahoo claims Facebook "willfully infringed" the patents. At the very least, Yahoo can argue that Facebook knew of the patent infringement allegations before the suit was filed and did not enter into a licensing agreement.

Facebook's IPO provides incentive to settle

While Patras noted that he has no inside knowledge about the case, he said the request to triple damages seems designed to add a "shock and awe" factor to the lawsuit, and cause worry for investors looking into Facebook's upcoming IPO.

"What likely will happen in the short term is Facebook will make a decision as to whether it thinks this lawsuit is having a significant impact on its forthcoming IPO," Patras said. "If it thinks it is having a significant impact then I suspect Facebook will come to a relatively quick license agreement with Yahoo to make this issue go away. If Facebook concludes it's not having a significant impact they will fight on and get to the merits of these claims down the road."

One common tactic for companies in Facebook's position is to file a countersuit, giving itself more leverage in settlement negotiations, both Patras and Wagner said. Facebook, though, apparently owns just 21 patents, compared to 1,029 for Yahoo. Yahoo built up its patent portfolio over many years, telling employees that it was a strategy for fending off patent trolls, as former Yahoo employee Andy Baio now ruefully says.

Facebook has financial ties to Microsoft, which has a large patent portfolio, and is a member of the Open Invention Network, a Linux-themed group building a defensive patent portfolio to protect its members. But ultimately, Facebook will have to bolster its own portfolio to protect itself from more lawsuits like the one it faces now.

Facebook's future—expect a much more aggressive patent strategy

In terms of building a defensive patent portfolio, "it looks like Facebook is not there yet,"  Wagner said. "Given Facebook's funding and valuation I'm quite sure they are attempting to rectify that problem. My guess is they're filing enormous amounts of patents on any innovations they can come up with at this point."

Patras also expects a much more aggressive Facebook to emerge from this case. "I suspect Facebook might take a page from Google's book and get themselves some more patents by acquiring patents or acquiring companies with patents," Patras said. "Even if Facebook takes a license [from Yahoo] now to eliminate this issue, I wouldn't be surprised to see them somewhere down the road come back after Yahoo for patent infringement, whether they're patents Facebook owns now or later acquires, to try to get some of that money back."

Roundup of more patent news

It's been a busy week in the world of patent wars, even without the blockbuster Yahoo/Facebook case. Here's a look at some of the other legal developments we saw in the past few days. You can also check out last week's patent wars roundup.

• Samsung's attempt to ban Apple's iPhones and iPads in the Netherlands with standards-essential patents was rejected by a Dutch court. (The Verge)

• A patent-holding company called Cascades Computer Innovation filed an antitrust complaint against Motorola, LG, Samsung, Dell, and HTC. (ITworld)

• A trial in Oracle's patent infringement case against Google over use of Java in Android has been scheduled to begin April 16. A Google lawyer, however, is asking for a change to the trial date. (Groklaw)

• Patents formerly owned by Nortel are now controlled by a consortium including Microsoft, Apple, EMC, RIM, Ericsson, and Sony. (Network World)

• Apple has narrowed the scope of a patent infringement case against Samsung. (AppleInsider)

• In another case, Apple accused Samsung of violating a court order requiring it to produce source code. (Bloomberg)

• Tech patent trolls are targeting cash-strapped American cities over bus-tracking systems. (Ars Technica)

• Motorola Solutions asked a court to throw out infringement claims a patent licensing company made against its RFID customers. (CBS News)

• A German court delayed a lawsuit Apple filed against Samsung over slide-to-unlock technology, saying it doubts whether Apple really has intellectual property rights to the feature. (Reuters)

Source:http://arstechnica.com/tech-policy/news/2012/03/in-battle-against-yahoo-facebook-hindered-by-ipo-weak-patent-portfolio.ars?clicked=related_right

Patent News | "Kodak gearing up for patent sale: Sources"

By: NADIA DAMOUNI AND CAROLINE HUMER, REUTERS
Source: http://www.lfpress.com 
Category: Patent News 

Bidders are lining up in earnest now that Eastman Kodak’s patent sale is set to resume.


After being placed on hold so that the 130-year-old photography pioneer could file for Chapter 11 bankruptcy protection earlier this year, the auction for more than 1,000 of Kodak’s digital imaging patents is ramping up again, according to three sources close to the matter.


Investment banks Lazard Ltd and Jefferies & Company Inc, an adviser to the unsecured creditors committee, are working together on the patent sale, which they hope will bring in as much as $2 billion US , the sources said.


The banking tandem had previously worked in similar roles advising bankrupt telecom-equipment maker Nortel Networks Corp on the sale of about 6,000 patents to an Apple Inc-led consortium for $4.5 billion.


“We anticipate a robust and lively auction process which will assist us in achieving our objective of monetizing our non-core IP assets,” a Kodak representative said.


Kodak, the iconic company that invented the hand-held camera, filed for Chapter 11 bankruptcy protection on Jan. 19.


The company, which holds 10,000 patents, will focus a significant part of its restructuring on finding a buyer for the 1,155 U.S. patents within its Digital Capture and Kodak imaging Systems & Services portfolios. The portfolios also include more than 500 foreign patents.


Kodak, based in Rochester, New York, is expected to retain the patents associated with its core printing business, two sources said.


A number of global competitors are likely to emerge as interested parties - some of which are embroiled in patent litigation with Kodak - with Intel Corp, Samsung , Apple and Fujifilm among a list of possible buyers, two sources close to the situation said.


The auction will follow the terms specified under Kodak’s $950 million debtor-in-possession, or DIP, financing loan. That loan says that a motion has to be filed with the courts regarding the sale of the patents by June 30, 2012.


Kodak obtained its 18-month DIP loan from Citigroup Inc in February to continue operations while it went through the bankruptcy process.


“Consistent with the terms of our DIP agreement, we expect to file bidding procedures by June 30, 2012,” the Kodak representative said.


Kodak has yet to send out a “teaser” document containing basic financial information to prospective suitors, two sources said. The auction process is expected to follow a bankruptcy court-administered sale known as a 363 deal, which involves a “stalking horse” bid in which a buyer agrees to make a bid for most of the assets, setting the floor price for the process, two sources said.


In the Nortel auction, it had received court approvals for a “stalking horse” bid made by a unit of Google Inc for its portfolio of technology patents valued at $900 million. After three months and several bidding rounds, Apple and its consortium, which included Microsoft Corp and Research in Motion Ltd, made a whopping $4.5 billion bid.


Earlier this month, Kodak agreed to sell its online photo services business to Shutterfly Inc for $23.8 million.


Kodak will seek bankruptcy court approval of the sale and auction procedures of that business by late March.


A U.S. bankruptcy judge told Apple last week that it cannot pursue patent infringement claims against Kodak now that the latter is in bankruptcy. The infringement claims centre on a Kodak patent that lets consumers preview digital photographs on LCD screens.


Kodak had accused Apple of trying to slow the patent sale process.


Source:http://www.lfpress.com/tech/news/2012/03/15/19507436.html

Patent News | "Aussie inventor settles with Microsoft in patent dispute"

By: http://www.smh.com.au
Category : Patent News


Profile: The Aussie who beat Microsoft
Ric Richardson, the Australian "man in a van" who has been fighting Microsoft in an eight-year legal battle has settled with the software giant out of court in a deal that could potentially net hundreds of millions of dollars.

In April 2009, a United States court found Microsoft had used Richardson's patented anti-piracy technology without his knowledge or permission, and ordered the software giant to pay compensation of $US388 million (then worth more than $530 million). The award was one of the highest in US patent history.

The verdict was overturned five months later. But early last year an appeals court upheld the original jury's decision that Microsoft had infringed his patent and, up until last week, a trial was under way before a federal jury in Providence, Rhode Island, to determine how much Microsoft should now pay for infringing the patent.

But the trial was withdrawn by both parties as it got under way, with Microsoft spokesman David Cuddy telling Bloomberg News last week that the company that Richardson made the patent for, Uniloc, had reached a “final and mutually agreeable resolution” with Microsoft to end the dispute which begun in September 2003.

Richardson, 49, of Byron Bay in NSW, patented the technology designed to deter software piracy in the early 90s. He is a serial inventor with over 40 patents to his name and does much of his thinking in his van, which he dubs the "DickMobile", near his leafy property in Byron Bay.

He was made aware of the settlement on Tuesday morning last week, he said in a telephone interview. "I was sitting on the edge of the bed and I got this message that we had settled."

Richardson said he then rang Uniloc co-founder Craig Etchegoyen, who told him him he "ought to be happy".

The Byron Bay inventor added that he was eagerly awaiting to see what the deal meant for him in financial terms "like every shareholder" of Uniloc but insisted he was "never in it for the money".

"I was in it because the right thing needed to be done," he said. It's understood the deal is a licensing agreement between Microsoft and Uniloc, with Richardson saying the deal didn't involve a lump sum payment.

Intellectual property law expert Trevor Choy said the settlement would net Uniloc millions of dollars.

"The 2009 order of $US388 million sets a rough ceiling, and with an appeal factored in, we would probably look at low 9 figures," Mr Choy said.

Source: http://www.smh.com.au/it-pro/business-it/aussie-inventor-settles-with-microsoft-in-patent-dispute-20120315-1v5zc.html#ixzz1pAQCle6x 

Patent News | "Gevo Granted Key Patent Covering Critical Technology to Enable Commercially Viable Yields of Isobutanol Production from Yeast"

By: http://www.businesswire.com
Category: Patent News 


ENGLEWOOD, Colo.--(BUSINESS WIRE)--Gevo, Inc. (NASDAQ: GEVO), an innovative renewable chemicals and advanced biofuels company, announced today that the United States Patent and Trademark Office (USPTO) granted U.S. Patent No. 8,133,715, entitled “Reduced By-Product Accumulation for Improved Production of Isobutanol.”

“Once again, Gevo believes that DuPont and Butamax continue to use technology that is not theirs”
“Yeast naturally produces isobutanol at low yields,” said Brett Lund, EVP & General Counsel of Gevo. “In order to produce isobutanol at commercially relevant yields suitable for commercial implementation several improvements to the pathway need to be made, including elimination of pathways that “hijack” carbohydrates. Pathway hijacking lowers yield and creates unwanted by-products. The patent issued today covers the technology to eliminate one of the hijacking pathways, and improves yield of isobutanol by 20 percent. Without this technology, it is doubtful that an isobutanol producing yeast would be commercially viable.”

“When you design a biocatalyst it needs to be efficient,” continued Lund. “Unwanted by-products need to be eliminated or yields would be too low to use the biocatalyst commercially. Our scientists were the first to figure out how to stop these yield reducing pathways. We strongly believe this modification is strictly required for achieving commercially relevant production of isobutanol. Thus, without access to this technology we believe our competitors will be unable to produce isobutanol at economically viable levels.”

“We are pleased that the USPTO continues to recognize our advances in this field,” said Lund. “We are pioneering commercially viable efficiencies in isobutanol production and are on target to startup the world’s first renewable isobutanol operation in 2012. By obtaining and protecting our intellectual property, we are securing our role as the global leader in the technology and commercialization of isobutanol. With this patent we continue to add to our portfolio of more than 300 patents and applications for the economic production of isobutanol, process innovations and downstream product applications.”

Gevo also filed a lawsuit against Butamax™ Advanced Biofuels, LLC (Butamax) and its affiliate E.I. du Pont de Nemours and Company (DuPont). Based on Dupont and Butamax public disclosures, the lawsuit charges Butamax and DuPont infringe this newly issued patent. “Once again, Gevo believes that DuPont and Butamax continue to use technology that is not theirs,” noted Lund.

Source: http://www.businesswire.com/news/home/20120313005551/en/Gevo-Granted-Key-Patent-Covering-Critical-Technology

Patent News | "India licenses generic copy of patented Bayer drug"

By: http://mdn.mainichi.jp 
Category: Patent News

NEW DELHI (AP) -- India effectively ended Bayer's monopoly on a patented cancer drug Monday, licensing a much cheaper generic under a unique law aimed at keeping costs affordable.


In a decision likely to upset Western pharmaceuticals, the patent office approved Natco Pharma Ltd.'s application to produce the kidney and liver cancer treatment sorefinib.


Bayer Corp. -- a subsidiary of the German pharma giant in Pittsburgh, Pennsylvania -- markets sorefinib as Nexavar for about $5,600 a month in India under a 2008-2020 patent, making it "not available to the public at a reasonably affordable price," the patent office ruled.


"A right cannot be absolute," it said. The office can force companies to grant licenses to generics in cases of public emergency or where they can show patented products are priced out of reach.


Natco said its version would cost Indian patients $175 a month.


It was the first case of compulsory licensing under India's unique patent laws passed in 2005. Under the license Natco must pay 6 percent in royalties to Bayer.


Western pharmaceutical companies have been pushing for stronger patent protections and rules to clamp down on a $26 billion Indian generics industry they say is overstepping intellectual property rights. Aid groups counter that Indian generics are a lifesaving resource for patients in poor countries who cannot afford Western prices to treat diseases like cancer, malaria and HIV.


"We are disappointed about this decision," Bayer spokeswoman Sabina Cusimano said from Berlin, adding that the company was considering a legal challenge. "We will see if we can further defend our intellectual property rights in India."


Natco's general manager said the drug was needed by about 8,800 cancer patients in India today.


"This is a victory for Indian patients and for India's generic manufacturers, which are under attack," Madineedi Adinarayana said by telephone from the company's offices in Hyderabad.


Bayer's patent "was not working as a patent in India," he said, and predicted "many more such cases will follow."


A patent must be at least 3 years old before a generics company can apply for a compulsory license. Still, many Indian companies have been reluctant to push for compulsory licenses where they might jeopardize agreements to manufacture other drugs for wealthy Western drug companies.


Analysts and patient advocacy groups said the ruling could have wider implications for the pharmaceutical business worldwide.


"This is a rare instance where a general compulsory license has been issued, not bound by government use provisions or those requiring to show 'extreme urgency' or 'emergency," said Dr. Amit Sengupta of the People's Health Movement. The license given to Natco "without encumberances means a possible opening of opportunities for using compulsory licenses to promote competition."


Lawyer Anand Grover for the Cancer Patients Aid Association, who was not involved in arguing the Nexavar case, said the ruling should force foreign drug companies to be mindful of Indian market realities. "It would be interesting to see whether multinationals will change their practices" in developing countries, he said.


India's generics industry has been a focus in recent months with several Western pharmaceutical giants saying the 2005 Patent Act fails to guarantee investors' rights.


Swiss drug maker Novartis AG is now in the final stages of a Supreme Court case to overturn India's patent rejection on another cancer drug, Gleevec. That case revolves around a different legal provision allowing India to block "evergreening" -- or patents and extensions based on minor changes to existing treatments.


Lawyers, generic drug makers and aid groups like Medecins Sans Frontieres and Oxfam have also warned that ongoing free-trade talks between India and the European Union are threatening India's generics production with discussions about tightening intellectual property protections and making it easier for pharma giants to sue India's government, drug manufacturers and distributors. They say the EU's suggesting a clause to ensure nothing limits India's ability to produce and export lifesaving medicines is not enough of a guarantee.


Source: http://mdn.mainichi.jp/mdnnews/business/news/20120313p2g00m0bu079000c.html

Patent News | "Kodak pushing for patent sale"

By:  MATTHEW DANEMAN
Source: http://www.democratandchronicle.com
Category: Patent News

Facing big money problems, Eastman Kodak Co. in July 2011 hired a New York City investment bank to help it shop around a huge cache of digital imaging patents.

Such a deal, potentially worth billions, did not come to pass in time to prevent Kodak from filing for Chapter 11 bankruptcy on Jan. 19.

But Kodak still is pursuing such a sale and the big potential windfall — which would increase the odds that Kodak’s suppliers could get better than pennies on the dollar for their claims and that shareholders might even receive some returns. And Kodak is seemingly looking to seal a deal by midsummer.

Kodak received U.S. Bankruptcy Court approval last month to hire New York investment bank Lazard Freres & Co. LLC to provide financial and strategic advice relating to a restructuring and an intellectual property sale — Lazard being the same company Kodak hired back in July.

Now Lazard is under some pressure to help turn such a deal around quickly. It stands to pocket millions in fees and bonuses in such a deal. But according to the terms of its contract with Kodak, the IP Sale Transaction Fee it would receive in such a transaction gets sizably cut if a court-approved sale isn’t consummated by June 30 — which is also the U.S. Bankruptcy Court deadline for Kodak submitting proposed bidding procedures for an auction.

What’s for sale is a portfolio of 1,100 patents covering various aspects of capturing, processing, storing, organizing, editing and sharing digital images. And the estimated value of that big stack of patents depends on who you talk to.

An analysis by Michigan intellectual property consulting firm 284 Partners LLC —hired by Kodak — put an estimated value on the patents of $2.2 billion to $2.6 billion.

But an analysis last week by New York intellectual property consulting firm Envision IP Inc. was more conservative — $1.7 billion to $2.6 billion.

And in a Kodak employee Town Hall meeting on Jan. 19, co-President Laura Quatela said Kodak’s own modeling indicated it could rake in $6 billion over the next four years in licensing those imaging patents or potentially more if it inked a deal with one of the warring giants in the smartphone/tablet field, such as Apple Inc. or Google Inc.


Source: http://www.democratandchronicle.com/article/20120309/BUSINESS/303090075

Patent News | The week in patent wars: Apple wins one, loses another, and asks for money"

By: Jon Brodkin
Source: http://arstechnica.com
Category: Patent News

Tech industry members are suing each other and left and right, and lots of money is at stake.

Tech vendors seem to spend as much time suing each other as they do actually making products. The patent wars can be fascinating—but also a confusing mess of suits, countersuits, motions, settlements, and a billion news articles trying to make sense of it all.
We're trying a slightly different approach this week, with a recap of the week's top news in patent lawsuits, featuring some stories we've already reported and others that are notable but haven't yet received a mention on Ars. Apple in particular was busy this week, but the Oracle vs. Google case had some developments, Linux organizations looked to shore up their patent portfolios, and patent trolls targeted the gaming industry (and Apple).

The Apple patent chronicles

Let's start with Apple. On Monday, Apple won a motion to gain access to previously secret details about Google's development of Android, as part of its lawsuit alleging that Motorola smartphones violate Apple intellectual property. Despite protests from Google and Motorola (which are in the process of completing a merger), US District Court Judge Richard Posner sided with Apple's claim that it needs insight into the Android development process to determine how much money in licensing fees or court damages Apple should be entitled to from Motorola's (allegedly) infringing Android-based products. Exactly what is contained in those details wasn't revealed, and the judge also granted Apple access to information on Google's acquisitions of Android, Inc., and Motorola.
Apple's week wasn't all roses, though. The company's attempt to sue Eastman Kodak Co. was halted by a US Bankruptcy judge, who said Apple's pursuit of claims against Kodak would be inappropriate while the company is in bankruptcy. "Apple in February had asked the court for permission to lift a stay freezing a patent lawsuit pending in a federal court in Kodak's hometown of Rochester, New York,"Reuters reported.
In the pending case, Apple claims Kodak "misappropriated" its technology to wrongly obtain a patent allowing previews of digital images on LCD screens, The Register reports. The court suggested that Apple and Kodak find a way to settle the case without interfering with Kodak's plans to sell off its patent portfolio and emerge from bankruptcy, Reuters said. But Apple also wants to file a new infringement lawsuit against Kodak claiming that it violates Apple patents related to digital cameras and printers. The judge rejected Apple's request to revive its pending litigation as well as the request to launch a new lawsuit against Kodak.
Apple's strategy has generally been to prevent the sale of competing products that allegedly violate its patents, particularly when it comes to Android. But as Ars' Chris Foresman reported this week, Apple has softened that stance by offering to license some of its smartphone-related patents to Motorola and Samsung. Apple has reportedly asked for as much as $15 per handset in exchange for the patent licenses.

Open source patent wars

Oracle's long-running lawsuit claiming Google violated Java patents in Android has been diminished greatly, but is moving forward. Oracle faced a tough decision about whether to drop the remaining patent claims in its lawsuit, open source watcher Brian Proffitt at ITworld wrote this week.
"At issue for Oracle is the problem that nearly all of the patents they brought against Google in the patent and copyright infringement case have either been found to be invalid or are undergoing re-examination by the US Patent and Trademark Office (USPTO), a process that could take up to 18 months and offers no guarantee for Oracle that the reexamined patents will even be found to be valid," Proffitt wrote.
On Friday, Oracle decided to drop all but two of its remaining patent infringement claims against Google, which will help get the trial underway faster.
The case involves both patent and copyright claims. Even if all the patent claims had been dropped, the copyright claims would move forward. Either way, Oracle wants royalties on those millions of Android phones being sold with each passing week. Groklaw has been posting frequent updates on the Oracle/Google case for those who want to catch up on the latest happenings.
Android isn't the only Linux-based open source project to face frequent patent threats. We've written about how Red Hat handles patent trolls. Red Hat is also part of an industry consortium called the Open Invention Network, which, along with IBM, Sony, Phillips, Facebook, HP, and dozens of others are building up a defensive patent portfolio to protect Linux-using members from potential lawsuits.
The more patents you have, the less prone you are to lawsuits. The threat of a countersuit can be enough to scare off a competitor's threat, or at least pave the way for mutually beneficial cross-licensing deals. The Open Invention Network is in the process of greatly expanding its coverage of software packages and Linux-based mobile operating systems, as ZDNet's Steven J. Vaughan-Nichols wrote this week.

Miscellaneous: Patent troll with tie to Microsoft targets Apple; game companies fend off suits; Amazon shores up e-book patent portfolio

There are a few other stories worth noting before we sign off. Apple was sued by a patent holding company called Core Wireless Licensing S.a.r.l., which claims the iPhone and iPad infringe eight patents related to wireless communications, the Wall Street Journal reported Monday.
Core Wireless has an indirect affiliation with Microsoft. Core's parent company, Mosaid, owns patents it acquired from Nokia last year. Microsoft paid for a license to those patents and receives a "passive financial interest in future revenue generated by Mosaid from the licensing of those patents to others," Microsoft told The Register.
Patent trolls—loosely defined as companies that make no technology of their own but acquire patents to assert against companies that actually build products—have also been going after businesses involved in social gaming. In case you missed it, Ars' Kyle Orland examined this trend in the March 2 story "Patent troll lawsuits strike at the heart of free-to-play games, apps."
Among a couple other happenings this past week, Samsung filed a new lawsuit against Apple in South Korea on Wednesday, saying the iPhone 4S and iPad 2 infringe three patents related to displaying data, the user interface, and short text messages, Reuters reported.
Apple was already suing Samsung, in California. Samsung has been trying to get Microsoft to testify in the case because it believes Microsoft has prior art that would undermine Apple's claims. Microsoft doesn't want to get involved, however, and filed a motion on Tuesday seeking to block Samsung's subpoena because it's overly vague, Patently Apple reports.

On the e-book intellectual property front, Amazon looks to be bolstering its patent portfolio either to defend itself against lawsuits or launch attacks of its own. On Tuesday, Amazon was granted a new patent covering a method and system for annotating digital works. As you may recall, Microsoft's case against Barnes & Noble's Nook devices involves a couple of patents related to annotating documents. Amazon already has a licensing deal with Microsoft allowing it to use annotation technology in Kindle e-readers, however, so the company is safe on that front. 


Source: http://arstechnica.com/tech-policy/news/2012/03/the-week-in-patent-wars-apple-wins-one-loses-another-and-asks-for-money.ars?clicked=related_right

Patent News | "Apple barred from pursuing Kodak patent claims now"

By: Reuters
Source: http://profit.ndtv.com
Category: Patent News

Apple Inc, the biggest U.S. company by market value, was told it cannot now pursue ongoing patent infringement litigation against bankrupt photography giant Eastman Kodak Co.

U.S. Bankruptcy Judge Allan Gropper, who oversees Kodak's Chapter 11 case, said at a Thursday hearing it would be an "inappropriate way forward" to allow Apple to continue pursuing claims against Kodak while the company is in bankruptcy. The infringement claims center on a Kodak patent that lets consumers preview digital photographs on LCD screens.

Judge Gropper also denied Apple's request to file a new patent infringement lawsuit against Kodak over printer and digital camera patents.

A Kodak spokeswoman said the company was "pleased" with the judge's ruling.

Apple in February had asked the court for permission to lift a stay freezing a patent lawsuit pending in a federal court in Kodak's hometown of Rochester, New York. Apple had hoped to move the case to Manhattan for a jury trial.

But while Gropper denied that request, he agreed that the case needs to be resolved sooner rather than later, and in a way that does not interfere with Kodak's ongoing plans to sell its patent portfolio and emerge from bankruptcy.

"I would request that the parties report to me on their efforts to come up with a procedure that truly works," he said.

Kodak had accused Apple of trying to slow the patent sale process, which it must undertake by the end of June under the terms of a $950 million loan keeping it afloat through bankruptcy.

Apple had also sought to bring new patent infringement claims against Kodak, but Gropper nixed that effort under a federal rule designed to shield bankrupt entities from litigation that might constitute "creditor harassment."

Apple had argued that patent litigation has been a major part of Kodak's strategy.

"I'm sure they have no problem moving ahead with the lawsuits where they're the complainants," Apple lawyer David Seligman told the judge.

The bankruptcy case is In re: Eastman Kodak Co et al, U.S. Bankruptcy Court, Southern District of New York, No. 12-10202.


Source: http://profit.ndtv.com/News/Article/apple-barred-from-pursuing-kodak-patent-claims-now-299305

Apple Patent | "Is Apple Quietly Licensing Mobile IP to Rival Device Makers?"

By:  Damon Poeter

Source: http://www.pcmag.com

Category: Apple Patent

Apple may be engaged in multiple legal battles over mobile device patents, but the company is reportedly prepared to cut deals with some competitors on the down low to license its technology in return for royalties.

Apple, which unveiled its next-generation iPad tablet Wednesday, is not out to build a royalty business or make a practice of licensing IP, but the company has purportedly reached out to Samsung and Motorola Mobility with an offer to settle certain legal disputes in exchange for patent licenses, according to Dow Jones.

The news agency cited unnamed sources as saying that the proliferation of smartphones and other mobile devices running Google's Android operating system has caused Apple to reconsider its long-standing strategy of securing its own patented technology and keeping it for itself rather than licensing it for fees.

"[U]sing injunctions is no longer practical," according to one of the sources, whereas "[l]icensing is an alternative that could add cost to Android development and make it less appealing for manufacturers."

Another possible reason for Apple's reported change of heart—the company's record in fighting for its IP in court is a decidedly mixed bag.

So Apple may be willing to deal, at least in some cases, according to Dow Jones. Apple's legal adversaries in multiple patent cases concerning mobile device technology include Samsung, Motorola, and HTC. The news agency points out that Apple's court filings show that the company has in the past proposed licensing arrangements with the first two makers of Android-based smartphones.

What's more, Apple has been vocal in its advocacy of what's called "fair, reasonable, and non-discriminatory" or FRAND licensing for certain protected intellectual property essential to meeting an industry standard. Apple argues that such IP should be automatically be offered for licensing by its owner to rival companies to prevent market access from being blocked.

For example, in a recent filing in a U.S. District Court, Apple argued that a Motorola claim in Europe that Apple's iPhone 4S infringed on a Motorola patent for 3G/UMTS wireless technology was actually a FRAND licensing matter. Apple claimed that Motorola's declaration to the European Telecommunications Standards Institute ("ETSI") that the technology is essential to practicing the ETSI's GPRS standard made it so, by definition.

All of which is to say that Apple doesn't necessarily have a single view of how all patent battles should be fought—despite the company's reputation (often associated with its late co-founder Steve Jobs) as being fundamentally opposed to ever sharing anything with a competitor.

Source: http://www.pcmag.com/article2/0,2817,2401280,00.asp

Samsung Patent | "Samsung files another patent lawsuit against Apple in South Korea"

By: Associated Press
Source: http://www.washingtonpost.com
Category: Samsung Patent

SEOUL, South Korea — Samsung Electronics Co. says it has filed a second patent lawsuit against Apple Inc. in South Korea, alleging infringement of tablet and smartphone technology.

Samsung said Thursday that the lawsuit filed earlier this week in Seoul alleges that Apple’s iPhone 4S and iPad 2 infringe three of Samsung’s patents.

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Samsung’s lawsuit comes as Apple unveils its new iPad in the United States this week.

The technology giants are engaged in a legal battle in many countries. Apple sued Samsung in the United States in April last year and Samsung sued Apple in South Korea in the same month.

Apple claims Samsung’s Galaxy tablets and smartphones “slavishly” copied its iPhone and iPad models.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://www.washingtonpost.com/business/technology/samsung-files-another-patent-lawsuit-against-apple-in-south-korea/2012/03/07/gIQAfJ10xR_story.html

Patent News | "Apple sued by company in patent deal with Microsoft"

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


A Luxembourg company that Microsoft has a financial interest in as filed a patent-infringement lawsuit against Apple, opening a new front in the intellectual-property wars.

Core Wireless Licensing SARL claims in a lawsuit filed last week in Eastern Texas District Court that Apple infringed on eight patents related to 2G, 3G, and 4G communication protocols used in the company's iPhone and iPad devices. The lawsuit seeks unspecified damages and future royalty payments for "each and every product sold by Apple in the future that is found to infringe," according to The Wall Street Journal.
Apple representatives did not immediately respond to a request for comment.

Core Wireless is a patent holding company that apparently obtained its portfolio of 2,000 patents and patent applications from Nokia. Canada-based Mosaid Technologies then acquired Core Wireless last September. The deal for Core Wireless, which was reportedly valued at a little less than $20,000, is subject to minimum performance thresholds, Mosaid said in a 2011 press release announcing the deal:

Core Wireless will retain approximately one-third of gross royalties from future licensing and enforcement of the patents and will bear all of the costs associated with their administration, licensing, enforcement and monetization. Core Wireless' ongoing ownership of the portfolio is subject to minimum future royalty milestones.

While the press release didn't mention Microsoft as a beneficiary of the deal, the software giant then licensed those patents, a company representative confirmed.

"We are pleased to have secured a license to the Nokia patents now acquired by Mosaid for Microsoft's products and services," Microsoft deputy general counsel Horacio Gutierrez told CNET sister site ZDNet last year. "In return, we have a passive economic interest in the revenue generated from the licensing of those patents to third parties. The marketplace for intellectual property is incredibly dynamic today, and this agreement is an effective way to make these Nokia innovations available to the industry and to unlock the considerable value of this IP portfolio."

The lawsuit puts Microsoft and Apple in an awkward position, as the two recently partnered in a consortium that purchased Nortel Networks' remaining portfolio of 6,000 patents and patent applications for $4.5 billion. Other companies involved in the deal, which won regulatory approval last month, include Research In Motion, Sony, and Ericcson.

Patent fights have become a popular source of revenue lately, especially in the smartphone sector. Google recently paid $12.5 billion for Motorola Mobility, an acquisition that initially surprised many until Google said it was interested in the troubled cell phone maker mainly for its strong patent portfolio. Motorola has mixed it up with Apple in several courtrooms around the world, but the two recently clashed over patents in Germany, forcing Apple to temporarily remove older iPhones from its online store in that country.

Meanwhile, Microsoft has inked patent-protection deals with half the world's original design manufacturers, which pay undisclosed royalties to the software giant for use of Google's Android and Chrome operating systems used in smartphones, tablets, and other consumer electronics. Rather than going after Google for patent violations, Microsoft has targeted device makers, pressing them to license Microsoft's patents that it alleges Android and Chrome infringe upon.


Source: http://news.cnet.com/8301-1023_3-57391184-93/apple-sued-by-company-in-patent-deal-with-microsoft/#ixzz1oJjgQ6xH

Patent News | "Ameranth's Strategic Gaming/Poker Patent 'Casino Poker and Dealer Management System' Confirmed Valid by United States Patent and Trademark Office"

By: PRESS RELEASE

SOURCE: http://www.marketwatch.com

Category: Patent News 

SAN DIEGO, March 5, 2012 /PRNewswire via COMTEX/ -- Ameranth, Inc. today announced that the United States Patent and Trademark Office confirmed in Reexamination No. 95/001698 the validity of 27 claims of Ameranth's strategic gaming patent (U.S. Pat. No. 7,431,650) titled "Casino Poker and Dealer Management System" which further confirms Ameranth's innovation and leadership role for many current and emerging automated poker applications and deployments. The confirmation of the validity of this key strategic patent confirms Ameranth's leading and pioneering role in automating casinos overall and enabling the automation of the modern poker room and clearly confirms Ameranth as the technology leader in virtually all automated aspects of poker rooms - as part of Ameranth's overall 21st Century Casino(TM) vision.

Ameranth's 7,431,650 patent includes confirmed valid claims which broadly cover a system encompassing virtually all critical operations of the modern poker room - including player seating, public displays, tournaments, dealer rotation/tracking, player tracking (at room level or at/or from poker tables), security, wireless/internet connections, interfaces to at the table shuffling machines and many other key aspects of the modern poker room.

Ameranth filed its lawsuit in the U.S. District Court for the Central District of California on February 2, 2011 (asserting infringement of U.S. Pat. Nos. 7,431,650 and 7,878,909) against defendants including Genesis Gaming Solutions, Inc., IT Casino Solutions LLC, Hollywood Park Casino, Inc., California Commerce Club, Inc. and Normandie Club, LP and later added Hustler Casino as an additional defendant. Subsequently, Hollywood Park Casino and Normandie Club (as well as others) took licenses to Ameranth's patents.

Hoping to escape its substantial infringement liabilities, Genesis Gaming filed a Reexamination Request on July 28, 2011 seeking to invalidate Ameranth's patent and all of its claims. However, despite all of Genesis' efforts and in spite of the best alleged prior art references that Genesis was able to locate and present to the Patent Office, 27 claims (including those covering all aspects of the modern poker room) were confirmed valid by the U.S. Patent Office on February 27, 2012. Genesis' attempt to invalidate Ameranth's second gaming patent (U.S. Pat. No. 7,878,909 - focused only on dealer tracking/rotation) is still pending review within the Patent Office. However, Ameranth is confident of success on that reexamination as well and, regardless, dealer tracking/rotation claims have already been confirmed valid as part of the February 27, 2012 Patent Office ruling. Further, Ameranth has yet another patent pending with still more claims in the gaming/poker segment as well.
"We are very excited that the United States Patent Office has confirmed the validity of our strategic poker room automation patent," said Vern Yates, Ameranth's Chairman and Chief Executive Officer. "We were confident of success and knew that the defendants' attempt to invalidate this industry leading and breakthrough patent would fail, which it did. We will be offering licenses to this technology for the companies and casinos/poker rooms employing it or seeking to employ it" - added Yates.

Ameranth's industry leading automated poker systems are deployed in many casinos and operate in several of the largest and most prestigious poker rooms worldwide.

Source: http://www.marketwatch.com/story/ameranths-strategic-gamingpoker-patent-casino-poker-and-dealer-management-system-confirmed-valid-by-united-states-patent-and-trademark-office-2012-03-05

Patent News | "Where next for Samsung, Apple patent dispute?"

By: Cho - Ji- hyun

Source: http://www.thejakartapost.com 

Category: Patent News

Samsung to appeal German ruling, but sources say two tech giants could agree on cross-license deals in the future.

The future of the patent dispute between global IT behemoths Samsung Electronics and Apple Inc. is uncertain following a German court’s dismissal of two patent suits on Friday.

The Mannheim Regional Court in Germany on Friday rejected a patent infringement suit filed by Samsung against its U.S. rival over its third generation wireless technology, while also dismissing Apple’s claim that Samsung infringed on the firm’s slide-to-unlock technology.

“It’s unfortunate that the court has reached such a decision. We will lodge an appeal soon to make clear that Apple has infringed our patent,” Samsung officials said in response to the ruling. “It is also not over yet considering that we raised two other infringement cases against the U.S. firm over patents in December last year.”

Although Samsung is also planning to concentrate on fighting the suits it filed in other countries such as Japan and Australia, its loss of all three suits against Apple in Germany is raising the possibility of the two firms agreeing on a cross-license.

By offering each other certain sums, the agreement could help them avoid a long-term battle which does not benefit either, industry sources say.

The two companies are major competitors fighting for the top spot in smartphone manufacturing and sales, but they are also partners in supplies.

“But the timing of an agreement may come later as the two would have to watch for a period when they both have the results to maintain their dignity,” said an industry source.

In the meantime, Munich-based intellectual property analyst Florian Mueller, who is keeping a close watch on the ongoing patent battle, said there is a high possibility that Apple will appeal.

“While Apple typically declines to comment, I believe they too will appeal, especially since the Mannheim court’s interpretation of the slide-to-unlock patent was narrower than the one the Munich Regional Court adopted in a case that Apple won against Motorola two weeks ago, a fact that shows that there’s room for interpretation and the appeals court could decide either way,” he said.

Apple claimed victory against Motorola over its slide-to-unlock technology in a German court on Feb. 16.

Another pending case involving Apple’s slide-to-unlock technology ― over a utility model ― is scheduled to take place in Mannheim on March 16.

“(Friday’s) decision does not reduce the likelihood of success of Apple’s other slide-to-unlock case against Samsung” said Mueller. “The slide-to-unlock utility model has a large number of claims and some of those are much broader and don’t have the related limitations.”

Considering that Apple also has brought five other infringement suits against the Suwon-based firm, the German courts will be busy dealing with those suits in the time being. A win in any of the suits would result in a sales ban of Samsung products mentioned in the suit.

Samsung, on the other hand, will have to wait until June to get the ruling results of the two additional suits it filed in the Mannheim court.

In total, the two firms are engaged in about 30 different patent battles in nine countries ― Germany, Australia, the U.K., the U.S., Japan, France, Italy, the Netherlands and Korea ― on issues that include design, user interfaces and wireless communications technologies of their wireless gadgets.

Source: http://www.thejakartapost.com/news/2012/03/05/where-next-samsung-apple-patent-dispute.html

Patent News | "Hey “Patent Trolls”, Nintendo Ain’t Scared"

By: CHRIS GRAVELLE
Source: http://www.ripten.com
Category: Patent News

Patent News

Nintendo has slayed another “patent troll” as IA Labs tries to sue the company for the Wii Balance Board.  This is the third time Nintendo has won, by the way.  Apparently success brings on trolls, and the Wii Balance Board was quiet a success.  A Maryland U.S. District Court judge put another check mark in the ‘V’ column for Nintendo after IA Labs brought a patent infringement lawsuit against Nintendo for the Wii Balance Board.
IA Labs has not seen a real update on their site since 2008, so this may be a move to try to recover funds lost over time, but that is only speculation.  While this news is not exactly topical, it seems Nintendo is starting to speak our language.  Maybe that hints at some change the company will start to make to appeal to the hardcore crowd with the Wii U.  Or, maybe they are just being awesome.  Rick Flamm, Nintendo of America’s senior vice president of Legal & General Counsel had this to say in regards to the victory:
“Nintendo has a passionate tradition of developing innovative products while respecting the intellectual property rights of others. We vigorously defend patent lawsuits when we firmly believe that we have not infringed another party’s patent. We refuse to succumb to patent trolls.”
So there you have it patent trolls.  Nintendo will not succumb!


Source: http://www.ripten.com/2012/03/03/hey-patent-trolls-nintendo-aint-scared/

Patent News | "Game Over: World’s Biggest Online Game Developer Sued for Patent Infringement"

By: Alexandra Mackey
Source: http://www.ipbrief.net
Category: Patent News

Patent News

PMC, a Texas-based company that prides itself on its almost 60 active patents, is suing Zynga, the world’s largest developer of social network games, for patent infringement.

Zynga is a game developer for social networks, such as Facebook, Google+, and MySpace.  The San Francisco-based company is best known for its popular interactive games FarmVille, Mafia Wars, and Words with Friends.  Mark Pincus, an entrepreneur with no experience in the game industry, founded the company in 2007.  His minimal experience in the gaming industry doesn’t bother Pincus, as his company has developed more than 30 games and boasts 232 million monthly active users and 60 million daily active users.  Zynga has generated over $1.5 billion in revenue since 2007 and was valued around $8.9 billion before its initial public offering in December 2011.

Personalized Media Communications (PMC) owns an intellectual property portfolio consisting of over 57 active patents.  PMC alleges that Zynga is infringing on four of its active patents.  PMC is based in Sugar Land, Texas and accordingly filed suit in the U.S. District Court for the Eastern District of Texas.


On February 10, 2012, PMC filed its complaint for patent infringement under 35 USC § 271.  The four patents named in the suit, numbers 7,797,717, 7,908,638, 7,734,251, and 7,860,131, cover “the use of control and information signals embedded in electronic media content to generate output for display that is personalized and relevant to a user.”  Each of the patents was issued for the invention of “Signal processing apparatus and methods.”  PMC’s complaint only alleges that Zynga “makes, uses, sells, offers for sale, and imports into the United States” its games which infringe on PMC’s patents, but fails to specifically explain how Zynga abuses PMC’s active patents.

PMC claims that Zynga’s infringement is “willful and deliberate” and therefore PMC is entitled to increased damages under 35 USC § 284. PMC further claims that they are entitled to attorneys’ fees and costs under 35 USC § 285, which states that the court may award reasonable attorney fees to the prevailing party in exceptional cases.  John C. Harvey, the founder of PMC, commented that “Many years of time and labor went into developing our inventions and securing the patents that permit their practice.”  Harvey went on to state that he didn’t think it would be right to let these patents be infringed upon.

Some bloggers believe that PMC is a patent troll and only after Zynga’s money. Those bloggers call the patents “vague” and point out that the patents could be used against a number of different companies.  In addition to this recently filed patent infringement suit, Zynga has had its share of copyright issues, being accused of copying game concepts from other game developers.  For some, this makes Zynga a somewhat unsympathetic defendant.  Either way this lawsuit seems to be just another testament to the inefficiencies of the U.S. patent system.

Source: http://www.ipbrief.net/2012/03/02/game-over-world%E2%80%99s-biggest-online-game-developer-sued-for-patent-infringement/

Apple Patent | "Motorola unfazed by Apple photo-patent win"

By: Rik Myslewski 
Source: http://www.theregister.co.uk
Category: Apple Patent

Apple Patent

Motorola Mobility (MMI) lost another round in its ongoing patent war with Apple when a German court ruled in Cupertino's favor in a photo-management patent case – but they're putting their best face on the setback.

"Today's ruling in Munich, Germany on the patent litigation brought by Apple concerns a software feature associated with performing certain functions when viewing photos in a 'zoomed in' mode on mobile devices," a company spokesperson wrote to The Reg in an email. "We note that the Court ruled that performing the functions in a 'zoomed out' mode does not infringe on this patent."

Peripatetic patent prognosticator Florian Mueller opined that "If Apple enforces the ruling, it can even require Motorola to destroy any infringing products in its possession in Germany and recall, at MMI's expense, any infringing products from German retailers in order to have them destroyed as well."

MMI, however, doesn't appear to be unduly concerned.

"We expect no impact to supply or future sales as we have already implemented a new way to view photos on our products that does not interfere with the user experience," the company spokesperson told us.
The patent in dispute covers photo viewing and management in iOS, and as MMI said in its email, Apple won the "zoomed in" half of the infringement battle, forcing MMI to adapt.

As is often the case in patent litigation, the details of the infringement are finely wrought, but we can find no reference to the number of angels that might be allowed to dance on a single pixel in an Android emulation of an iOS photo gallery.

Earlier this week, Apple won another patent-war battle when a German court allowed it to continue selling its iWares in that country while Cupertino's appeal of a December 2011 victory for MMI in a wireless connectivity patent-licensing brouhaha drags on.

Neither that case nor the one that has caused Apple to shut down its iCloud and MobileMe push-email service in German has anything to do with Thursday's decision, save for the fact that all three are evidence of a level of patent warfare that has heated up considerably in recent years.

And there's more fun to come. As Mueller reminds us, there are two more Apple-patent rulings due tomorrow in Germany – but both involve Samsung, not MMI. In one, Apple is suing the Korean giant over Cupertino's slide-to-unlock patent (also lobbed at MMI), and the other is a 3G telecom fight in which Samsung is suing Apple.

Source: http://www.theregister.co.uk/2012/03/01/moto_responds_to_latest_apple_win/