Antennagate is Finally Over

check-iphone-4-settlement

Remember that time when late Apple co-founder Steve Jobs said an iconic phrase that went something along the lines of, “you’re holding it wrong”? The year was 2010, and Apple had just recently debuted its flagship iPhone 4 that June. Unfortunately, due to an engineering mishap, the handset suffered from a major cellular data connection problem. Essentially, if you held the iPhone in your hand and gripped the sides in a certain way, the smartphone would instantly drop in bars and lose its reception.

The situation caused a lot of backlash from the Apple community, but Jobs and company refused to believe that the problem was as big as people made it out to be. Instead, they held a press conference where Jobs made that aforementioned remark, and offered affected customers with an opportunity to get a free “Bumper” case for their device. A year later, Apple would fix the problem when it released the iPhone 4S with changes to its antennuation. But not before a class action lawsuit was filed against Apple and won, and those people are finally getting their $15 checks. And that’s that.

[9to5Mac]

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Samsung Accused of False Advertising

Samsung Galaxy S4 Front Facing

Samsung faces allegations that it slandered HTC while promoting its own mobile phones.

Samsung has spent hundreds of millions of dollars towards its extensive advertising and marketing campaigns over the last few years, to both promote its Galaxy lineup of products and to shed the viewpoint that the company is simply an Apple copycat.

The South Korean consumer electronics maker might have gone one step too far in Taiwan, however, where it has been accused of hiring students to post articles online that slander Taiwanese competitor HTC while simultaneously promoting Samsung mobile phones.

Samsung has admitted at least partial fault, but has not outlined any specific allegations that it violated. In a statement issued to the media, the company merely claims that the situation “occurred due to insufficient understanding of these fundamental [marketing] principles.”

The company could be slapped with an $835,000 fine if it is found guilty of these allegations, which the Fair Trade Commission is currently investigating. In the meantime, Samsung Taiwan has halted all online marketing, including the posting of articles on websites.  (more…)

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Apple Paying Out $53 Million Following False Water Damage Accusations

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Have you ever provided Apple with an iPhone or iPod touch for warranty-related purposes, only to be denied coverage due to a falsely-activated water damage indicator? For a number of years, this is how Apple dealt with iOS devices that required servicing. If the litmus paper indicator in the headphone jack of an original iPhone, iPhone 3G, iPhone 3GS or first- through third-generation iPod touch had turned red, which typically indicates that the device has come in contact with or been submerged in water, you were out of luck getting any official warranty coverage from Apple.

Apple changed this particular policy in 2010, but a number of consumers were still understandably upset. The result was a class action lawsuit, filed around the same time Apple changed its methods, that has officially culminated in a $53 million settlement that Apple will be paying out to consumers that believe they were stripped of their one-year or two-year warranty agreements. It’s important to note that this settlement does not apply to anyone with a water damaged device, but rather those that were denied warranty service on it.

Apple does not admit any wrongdoing.

[Wired via MacRumors]

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PSA: Don’t Check Maps While You’re Driving

Google Maps Car

Just in case you thought that attempting to navigate Google Maps on your smartphone while driving on the freeway was acceptable, a United States court has ruled that the action is unlawful. According to Hon. W. Kent Hamlin, presiding over a California appeals court, viewing maps on your mobile phone is an issue because of the hands-on use that is required to perform such an action.

Most new vehicles come equipped with a touchscreen satellite navigation system nowadays anyways, but this ruling now sets a precedent across the United States for usage of Google Maps and the likes in your hands while operating a motor vehicle. Do you agree that trying to tap, swipe or navigate Google Maps on your smartphone while behind the wheel should be banned?

[Gizmodo]

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Apple Loses iPhone Trademark in Brazil, Shockingly Appeals Decision

gavel court

Because the constant flow of legal news surrounding Apple and other industry giants makes for some of the most interesting and rewarding reading in the smartphone industry, it’s worth sharing that Apple today lost the exclusive iPhone trademark in Brazil.

This comes after Android manufacturer Gradiente took Apple to court over the Cupertino company’s exclusive trademark over the “iPhone” brand. Gradiente registered the “iPhone” name as a trademark back in 2000, seven years before Apple’s smartphone was unveiled.

This means that, at the moment, Apple can continue to sell the iPhone in Brazil. (more…)

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Tim Cook Ordered to Provide Deposition in Anti-Trust Case

Tim-Cook-CEOA group of five former employees at large tech corporations, including Apple, Google and Intel, have filed a civil lawsuit in a U.S. district court in San Jose, California, alleging illegal practises that helped to eliminate competition for employees between the companies.

Apple CEO Tim Cook has been ordered by U.S. District Judge Lucy Koh to provide deposition in the anti-trust case, which could turn into a class-action lawsuit. Apple attorneys argued that Cook played no role in this hiring debacle, as he was still COO under Steve Jobs at the time.

Koh fired back, claiming that it is “hard to believe a COO would have no say over salary and compensation for all employees.” Cook will now be forced to answer questions posed by plaintiff attorneys for four hours, alongside several other high-profile tech executives such as Intel chief executive Paul Otellini. Just another Silicon Valley legal hiccup.

[Reuters]

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Apple Leads Purchase of Kodak’s $525M Patent Portfolio

Earlier this year, the once popular photography company Kodak filed for chapter eleven bankruptcy after posting losses for nearly five consecutive years. It was later discovered that Kodak would be selling off its large digital imaging patent portfolio, and that deal has now been completed with a consortium consisting of 12 licensees for $525 million.

Apple and Google are among the dozen licensees involved in the deal, according to the official court documentation filed by Kodak on Wednesday. Other heavyweights in the tech industry, including Adobe, Amazon, Facebook, HTC, Microsoft, RIM and Samsung, are also named. Fujifilm, Shutterfly Inc. and Huawei Technologies Co., Ltd. round off the twelve licensees.

While these patents will certainly help each company better protect itself in the courtroom, hopefully we don’t see an increase in patent litigation because of these Kodak patents changing hands. The consumer electronics industry is already plagued by too many legal battles between companies, highlighted by the Apple-Samsung legal battle. One can only hope that we won’t have to hear about any more lawsuits.

[TechCrunch]

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Brazilian Company Announces the IPHONE

An electronics maker out of Brazil announced today their new line of Android devices, being named the “IPHONE.” MacRumors reports that IGB Electronica SA originally applied for the trademark in 2000, and that the first model of the phone will reportedly be the “Neo One.”

A similar encounter happened earlier this year when Chinese company “Proview”  surrendered the “iPad” trademark for a pretty penny — some $60 million American dollars. Notably, however, Proview International actually came stateside and asked the California Superior Court to impede Apple from using the “iPad” trademark. Whether or not the Brazilian company will take similar action is yet to be seen.

What Apple will decide to do is unclear at this point, but chances are they will end up reaching a deal similar to that which was made in China, possibly for a smaller dollar amount. There is no doubt, however, that Apple will indeed do something, as the Infinite Loop CEO has said that “Brazil is the next country… [that Apple plans to become more involved in]”

[Reuters via MacRumors]

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iPhone Patent Declared Temporarily Invalid

FOSS Patents has reported this afternoon that a patent penned by the late Steve Jobs has been given a first Office action, temporarily declaring the vital iPhone patent invalid. The patent, commonly known by Apple’s lawyers as “the Steve Jobs patent,” was granted in January 2009 and was a compilation of many other software patents dating as far back as before the iPhone was announced.

The patent covers the broad concept of the iPhone interface, as is entitled “Touch Screen Device, Method, and Graphical User Interface For Determining Commands By Applying Heuristics.” This is the exact patent that Apple has been using against its competitors in a vast array of legal claims, and if the patent does prove to be ruled invalid, those claims would not have as firm of a stance in future legal battles.

It’s worth noting that this patent was one of 300 that was recently used as defense in the 1 billion dollar legal battle with Samsung. The invalidation of this patent could potentially come with much more serious repercussions as Apple could theoretically be required to pay some of that huge amount back to its competitors.

[FOSS Patents]

 

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Apple Receives Trademark for ‘iMessage’

Apple introduced iMessage at its Worldwide Developers Conference in June 2011 as a convenient service that allows you to send messages from one iPhone, iPod touch or iPad to another compatible device running iOS 5 or later. Apple then extended the messaging service to OS X by introducing Messages for Mac at the beginning of this year.

Today, Patently Apple reports that the U.S. Patent and Trademark Office has granted Apple a pair of registered trademarks for iMessage that it had originally filed for in September 2011. The USPTO officially describes iMessage as a communication service, namely for the transmission of text, data, images and video over a wireless connection. Apple also received a trademark on its Passbook icon.

[Patently Apple via TechMeme]

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