Tag Archives: litigation

Developer Freedom At Stake As Oracle Clings To Java API Copyrights In Google Fight

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Oracle lost in their attempt to protect their position using patents. They lost in their attempt to claim Google copied anything but a few lines of code. If they succeed in claiming you need their permission to use the Java APIs that they pushed as a community standard, software developers and innovation will be the losers. Learning the Java language is relatively simple, but mastering its APIs is a major investment you make as a Java developer. What Android did for Java developers is to allow them to make use of their individual career and professional investment to engage in a mobile marketplace that Sun failed to properly engage in.

via Developer Freedom At Stake As Oracle Clings To Java API Copyrights In Google Fight | TechCrunch.

Rackspace, Red Hat Win Decisive Patent Victory

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Uniloc USA, Inc. filed the complaint against Rackspace in June 2012 in federal court in the Eastern District of Texas. The complaint alleged that the processing of floating point numbers by the Linux operating system violated U.S. Patent 5,892,697. Rackspace and Red Hat immediately moved to dismiss the case prior to filing an answer. In dismissing the case, Chief Judge Leonard Davis found that Uniloc’s claim was unpatentable under Supreme Court case law that prohibits the patenting of mathematical algorithms. This is the first reported instance in which the Eastern District of Texas has granted an early motion to dismiss finding a patent invalid because it claimed unpatentable subject matter. In the ruling released today, Judge Davis wrote that the asserted claim “is a mathematical formula that is unpatentable under Section 101.”

via Rackspace, Red Hat Win Decisive Patent Victory (NYSE:RHT).

Gone house hunting online? Revived patent lawsuit says you’re a “joint infringer”

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Few, if any, of the defendants make their own mapping software. Move.com, for instance, uses maps provided by Microsoft’s Bing. But patent laws allow a patent-holder to sue anyone who makes, sells, or uses a patented item. In this case, it’s the real estate companies, together with their users, who are alleged to be “jointly infringing” the patent.

via Gone house hunting online? Revived patent lawsuit says you’re a “joint infringer” | Ars Technica.

Wi-Fi patent troll hit with racketeering suit emerges unscathed

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Innovatio deliberately avoided targeting the actual manufacturers of Wi-Fi equipment, preferring to sue end-users. But in October, Cisco, Netgear, and Motorola teamed up to file an 81-page lawsuit [PDF] seeking to shut down Innovatio’s patent-trolling project once and for all. Not only were the patents invalid, but the suit alleged Innovatio’s whole campaign was a violation of the RICO anti-racketeering law. That law is more commonly used against crime families than patent holders.

via Wi-Fi patent troll hit with racketeering suit emerges unscathed | Ars Technica.

Google Must Pay For Libelous Search Result, Says Court

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The jury at the Supreme Court of Victoria agreed with Google up to a point. The company wasn’t responsible for the results until Trkulja asked it to take them down, it said. (Read the decision in full here.) Because it stuck to its guns, Google must pay $200,000 in damages..

via Google Must Pay For Libelous Search Result, Says Court.

Apple’s Samsung statement reprimanded by court of appeal

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At a hearing in the court in London on Thursday morning, the judge told Apple that it had to change the wording of the statement within 48 hours, carry it on its home page, and use at least 11-point font.

via Apple’s Samsung statement reprimanded by court of appeal | Technology | guardian.co.uk.

Bloomberg quoted Jacob as saying Apple’s statement was “a plain breach of the order”.

Trolls filed 40% of patent infringement lawsuits in 2011

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A new study helps to fill the gap by providing systematic data on the growth of patent troll litigation. Robin Feldman, a professor at UC Hastings College of Law, teamed up with Lex Machina, a Stanford Law spinoff that collects data on patent litigation, to compile a systematic survey of patent litigation. Their results are striking: the fraction of lawsuits filed by troll-like entities grew from 22 percent in 2007 to 40 percent in 2011.

via Trolls filed 40% of patent infringement lawsuits in 2011 | Ars Technica.

Huawei and Cisco’s Source Code: Correcting the Record

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Unlike the smartphone patent battles, where parties try to protect and grow their market share by suing each other over broad patents where no direct copying is required, let alone even knowledge that a patent exists, this litigation involved allegations by Cisco of direct, verbatim copying of our source code, to say nothing of our command line interface, our help screens, our copyrighted manuals and other elements of our products.

via Cisco Blog » Blog Archive » Huawei and Cisco’s Source Code: Correcting the Record.