Apple lawsuit wrap-up for November 2012

Sections: Apple Business, Apple News, Originals

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Bill Nguyen and Color Labs

Find out more about Apple lawsuits in November 2012 from patent lawsuits to trademark lawsuits and more.

  • The Mexican company trademarked the iFone in Class 38 which covers telecommunication services. Apple thought iFone wasn’t using the trademark and so tried to get it canceled so they could then trademark iPhone. Unfortunately, the iFone company fought Apple in court and won for the third time. Fortunately Apple can still sell the iPhone in Mexico. Unfortunately, iFone is now suing Apple and is seeking an injunction or fines.
  • VirnetX won a $368 million dollar judgement against Apple over claims FaceTime violated four patents concerning establishing VPNs and domain names. Apple is fighting back and filed a motion to determine whether VirnetX can support its case, and is asking the US Patent Office to examine VirnetX’s four patents.
  • What do you do after winning a patent lawsuit against Apple? File another lawsuit against Apple using the same patents but claim different products are violating them. VirnetX now claims the iPhone 5, iPad 3, iPad mini, and all Apple computers running Mountain Lion are violating four patents about VPMs and domain names.
  • Apple is still fighting Amazon over the exclusive rights of the App Store name. Amazon is claiming that App Store is a generic name while Apple is arguing that people associate App Store with Apple and their iOS devices.
  • In New Zealand a man purchased $1,600 worth of products from the online Apple Store for $35. After a few days Apple realized the mistake and canceled the order, but said the man could keep what was already shipped. However, Apple was able to recover all of the shipped products and refunded the man his money. He responded by suing Apple and wants to get the products at the prices he paid for. Apparently he thinks his odds are good because he doesn’t think Apple is going to defend themselves.
  • Apple’s FRAND lawsuit against Motorola was dismissed with prejudice which means that Apple’s only way to continue the lawsuit is to file an appeal.
  • EU regulators may accept a deal from Apple, HarperCollins, Hachette, Macmillan, and Simon & Schuster to stop the antitrust investigation into eBook price fixing. The deal will allow Amazon and others to sell ebooks at lower prices than Apple, and if it’s accepted EU will announce their decision in December.
  • Apple and HTC settled their patent dispute by dismissing all current lawsuits and entering into a ten-year license agreement. Unfortunately Samsung will be able to see the details of the deal to determine whether it will need to take any of its products off the market.
  • The foreman in the Apple vs. Samsung trial may or may not have conducted himself improperly by failing to disclose being sued by Seagate, his former employer. Samsung says that they have a “substantial strategic relationship” with Seagate. I suppose Samsung is trying to make the claim that the jury foreman was somehow inclined to be against Samsung because of this, but it seems to be a weak argument. It’s all up to Judge Koh to determine what the next step is going to be.
  • Apple was ordered to post a notice to its website saying Samsung didn’t copy the iPad’s design. Apple did so but not to the liking of a UK court because Apple was ordered to pay Samsung’s legal fees on an “indemnity basis”. Apple modified the text they were given to put on their website and the judge considered that to be undermining the intent of the order.
  • A Chinese court ruled that Apple is responsible for allowing apps that contained pirated versions of a well-known encyclopedia to be put on the App Store. Apple is appealing the ruling saying that it didn’t develop the apps and isn’t responsible for the content.
  • If you’re an Apple customer in Italy you won’t have the option of getting AppleCare in Apple stores or resellers. However you will be able to get AppleCare at the online Apple Store. Unfortunately this change by Apple probably won’t get rid of the class action lawsuit that was filed in October which alleges Apple is still violating EU laws.
  • NovelPoint Tracking filed a patent infringement lawsuit against Apple, claiming that Apple’s iDevices are infringing on patent 6,442,485 titled “Method and Apparatus for an Automatic Vehicle Location, Collision Notification, and Synthetic Voice.”
  • Apple and Google are talking to each other about ways they can come to an agreement concerning standards-essential patents. While there are differences that need to be discussed this is a huge step towards peace between the two companies.
  • A lawsuit revealed that Apple acquired employees and assets from Color Labs, a social video sharing company. Adam Witherspoon, a former employee, is alleging that co-CEO Bill Nguyen misused power and shut him out of important meetings. What actually happened and Apple’s role will be discovered once the lawsuit proceeds further.
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