lawsuit

Appeals court rules Microsoft infringed patent

A federal appeals court on Friday affirmed a lower court ruling that Microsoft infringed on a patent owned by Alcatel-Lucent, but said the jury award of $358 million in damages was excessive.

The U.S. Court of Appeals for the Federal Circuit in Washington, D.C., upheld a ruling that the patent at issue was valid and had been infringed on, but said there was not sufficient evidence to support the calculation of damages. The question of damages was sent back to the district court.

The patent, whose application was originally filed by engineers at AT&T, covers a … Read more

Courtney Love bashes Guitar Hero on Twitter

Actress-singer Courtney Love used Twitter to rail against what she claimed was the unauthorized use of Kurt Cobain's likeness in the video game Guitar Hero 5, going so far as to threaten a lawsuit.

But Activision, the maker of Guitar Hero, said the company is in possession of an agreement signed by Love that authorized it to create an avatar in the likeness of the former Nirvana front man. At this point who knows who is in the right. What is certain is that Love--widowed when Cobain shot himself in 1995--didn't present a convincing case by issuing meandering, … Read more

Apple, AT&T face yet another iPhone MMS lawsuit

For at least the third time this month, Apple and AT&T are being sued by a consumer complaining of being duped into believing that multimedia messaging, or MMS, was already available on the iPhone.

Filed in the Northern District of Ohio on Wednesday (PDF hosted by Wired), plaintiff Deborah Carr says Apple and AT&T misled the public into believing that the iPhone 3GS was capable of sending and receiving MMS messages on the device. The lawsuit claims that Apple's "print and video advertisements...on television, the Internet, the radio, newspapers, and direct mailers" … Read more

TiVo sues AT&T, Verizon over DVR patents

This was originally posted at ZDNet's Between the Lines.

TiVo said Wednesday that it is suing AT&T and Verizon over three DVR patents. The complaints seek damages and a permanent injunction.

Simply put, TiVo is pursuing the same legal playbook it followed against Dish/EchoStar. The patents in question include 6,233,389, 7,529,465 and 7,493,015.

TiVo recently won another legal victory against EchoStar, which was found in contempt of court in its legal spat. TiVo won $103 million in damages, but the case will have another hearing in November or so. EchoStar … Read more

Microsoft files appeal in Word injunction case

Microsoft late Tuesday filed its formal appeal of a patent infringement ruling that threatens to halt sales of Word in its current form.

In May, a jury ordered Microsoft to pay $200 million for infringing on a patent held by Canada's I4i. Earlier this month, a federal judge increased that monetary award and also issued an injunction barring sales of Word that include the custom XML code found to infringe on I4i's patents.

"We believe the court erred in its interpretation and application of the law in this case and look forward to the September 23 hearing … Read more

SCO Group wins Unix copyright appeal

SCO Group, whose 6-year-old legal case arguing Linux infringes its Unix copyright hasn't been enough to keep it from bankruptcy court, nevertheless won an important victory in its case Monday.

A skeptical federal judge earlier had ruled that Novell had retained Unix copyrights when it sold its Unix business to the Santa Cruz Operation, a company whose Unix assets SCO Group later acquired. But the appeals court overturned that decision, based in part on a close reading of the Unix asset purchase agreement, sending the matter to trial for a decision. The appeals court did uphold a ruling that … Read more

Facebook privacy lawsuit 'a jumbled mess'

While I can't comment on the entire suit, it's clear to me that parts of the just-filed privacy lawsuit against Facebook represent a lack of understanding of how social networks like Facebook work as well as how best to protect children and adults on the Internet. I'm especially baffled by the allegation that Facebook violated the rights of an 11-year-old child because he disclosed that he had swine flu.

The suit, brought by five plaintiffs in Southern California, alleges that Facebook violates California privacy laws.

The child who said he had swine flu is identified as "… Read more

Report: Nvidia readies Intel-disputed chip

Nvidia is readying silicon that would work with Intel's newest processor design, according to a report. Intel claims Nvidia does not have the legal rights to make companion chips for its newest processors.

In February, Intel alleged in a lawsuit that the 4-year-old chipset license agreement with Nvidia does not extend to Intel's future-generation processors with "integrated" memory controllers, such as its "Nehalem" Core i series of processors.

A chipset is companion silicon to the main processor. Integrated memory controllers are built into the processor itself to increase performance between the processor and memory. … Read more

Microsoft asks for stay of Word injunction

This story was updated with comment from I4i Chairman Loudon Owen and Microsoft spokesman Kevin Kutz.

Microsoft on Tuesday asked an appeals court to halt an injunction that would force the company to stop selling Microsoft Word in its current form.

A judge last week issued an injunction that would force Microsoft to stop selling versions of Word with a custom XML function that a jury found infringes on a patent held by Canadian software maker I4i. The judge had ordered the injunction to go into effect 60 days after the ruling.

In its "emergency motion," made Tuesday, … Read more

Another iPhone MMS lawsuit surfaces

Another lawsuit has been filed in an Illinois district court against Apple and AT&T under the Unfair Trade Practices Act and other laws in that state.

This second lawsuit, which is aiming for class-action status, accuses both companies of misrepresenting the availability of MMS on the iPhone. According to a report by AppleInsider, the suit uses the same language as last week's similar suit in the state of Louisiana, suggesting that both companies aggressively promoted the not-yet-availalbe MMS features of iPhone OS 3.0 and the iPhone 3GS using advertising on TV, radio, newspapers, direct mailers, and … Read more