Showing posts with label against. Show all posts
Showing posts with label against. Show all posts

Monday, April 22, 2013

Nokia granted preliminary injunction against HTC in the Netherlands over high-amplitude mics

Nokia granted injunction against HTC in the Netherlands over highamplitude mics


Don't worry, this time it's not a patent issue. However, it is more bad news for HTC's oft-delayed One. Nokia has been granted an injunction by the Amsterdam district court, concerning the technology used by HTC in its current flagship. You might recall the pair of high-amplitude mics housed within One's aluminum body, but these are apparently the same dual-membrane tech that Nokia's used in its recent Lumia 720, seen above.


The Finnish company recently applied for a preliminary injunction, pointing the finger at ST Microelectronics, which is responsible for manufacturing the mic component for both Nokia and HTC. According to our source, the issue is likely to be a breach of an NDA between Nokia and ST Electronics as the phone maker asserts that it the "microphone components [were] invented by and manufactured exclusively for Nokia." We're still hearing the details and will update when we hear more. For now, you can read up on Nokia's statement following the court's decision after the break.


Developing...

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"The Amsterdam District Court has today granted Nokia's request for a preliminary injunction against the supply to HTC of microphone components invented by and manufactured exclusively for Nokia.

Nokia filed this action after it discovered these components in the HTC One; HTC has no license or authorization from Nokia to use these microphones or the Nokia technologies from which they have been developed.

In its marketing materials, HTC claims that its HDR microphone is a key feature for the HTC One, but it is Nokia technology, developed exclusively for use in Nokia products.

This is one of the latest in a number of cases brought by Nokia to end HTC's unauthorized use of Nokia's inventions. More than 40 Nokia patents have been asserted against HTC in Germany, the US and the UK. An injunction against HTC devices in Germany, which were found on March 19 to infringe Nokia's patent EP 0 673 175, is now in effect. The latest case, on Nokia patent EP 1 579 613 B1 was filed in Mannheim, Germany on April 16.

Once again, Nokia calls on HTC to compete using its own innovations and to stop copying from Nokia."


Source

Thursday, March 14, 2013

Pikachu Yellow 3DS XL coming to the US on March 24th, is super-effective against your eyes



Poor American Pokémon trainers that have been eying up eBay listings and import sites can breathe a sigh of relief. Nintendo has announced that the special edition yellow 3DS XL -- emblazoned with Pikachu, no less -- will arrive in the States before the end of the month. Priced at $200 and packaged with a 4GB SD memory card, it'll arrive the same day as the latest Pokemon Mystery Dungeon game -- that's March 24th if you've got your pokédiary out. Walmart, Target, GameStop and Toys R S will all be stocking the handheld, although quantities are limited, so get your trucker cap, pokéballs and unerringly small backpack ready to brave those chains in a few weeks.

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The New Pikachu Nintendo 3DS XL Hand-Held is Electrifying


REDMOND, Wash., March 14, 2013 - Pokémon fans will get a jolt of excitement when Nintendo releases the Pikachu Edition Nintendo 3DS XL hand-held system on March 24. This bold yellow Nintendo 3DS XL hardware features a familiar outline of the iconic Pokémon. The system also comes packaged with a 4GB SD memory card and will be available while supplies last at a suggested retail price of $199.99.

Pokémon Mystery Dungeon: Gates to Infinity launches the same day as the Pikachu Edition Nintendo 3DS XL system, and draws players in with a deep and compelling story full of unexpected twists. While playing as one of five popular Pokémon, players travel through a near-infinite amount of randomly generated Mystery Dungeons, battle and recruit other Pokémon and collect hidden treasure. The game is available exclusively on the Nintendo 3DS and includes the ability to discover Magnagates - entrances to new dungeons - by scanning everyday circular objects with the Nintendo 3DS Camera. Pokémon Mystery Dungeon: Gates to Infinity is available at a suggested retail price of $34.99. For more information about the game, visit http://www.pokemon.com/MysteryDungeon.

Nintendo is offering a special bonus for people who buy both a Nintendo 3DS XL system and Pokémon Mystery Dungeon: Gates to Infinity. Anyone who registers a Nintendo 3DS XL system and either Pokémon Mystery Dungeon: Gates to Infinity or Luigi's Mansion: Dark Moon with Club Nintendo between March 21 and April 30 will receive a code to download one of five Nintendo 3DS games for free: Super Mario 3D Land, Professor Layton and the Miracle Mask, Art Academy: Lessons for Everyone!, Star Fox 64 3D or Freakyforms Deluxe: Your Creations, Alive!


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Wednesday, February 27, 2013

Cablevision files antitrust suit against Viacom over programming bundling

Cablevision Files Federal Antitrust Lawsuit Against Viacom For Illegally Forcing Purchase Of Programming Services

BETHPAGE, N.Y., Feb. 26, 2013 /PRNewswire/ -- Cablevision Systems Corporation (NYSE: CVC) filed an antitrust lawsuit today against Viacom (NYSE: VIA), in federal court in Manhattan, for illegally forcing Cablevision to carry and pay for 14 lesser-watched ancillary networks its customers do not want, such as Palladia, MTV Hits and VH1 Classic, in order to carry must-have networks such as Nickelodeon, MTV and Comedy Central.

Commenting on the lawsuit and Viacom, Cablevision offered the following statement:

"The manner in which Viacom sells its programming is illegal, anti-consumer, and wrong. Viacom effectively forces Cablevision's customers to pay for and receive little-watched channels in order to get the channels they actually want. Viacom's abuse of its market power is not only illegal, but also prevents Cablevision from delivering the programming that its customers want and that competes with Viacom's less popular channels."

Cablevision's suit contends that:

Viacom abused its market power over commercially critical networks, including must-have networks such as Nickelodeon, Comedy Central, and MTV, to coerce Cablevision into carrying the 14 far less popular ancillary channels.
Viacom coerced Cablevision by threatening to impose massive financial penalties unless Cablevision complied with Viacom's demands.
Viacom's conduct harms Cablevision and its customers, and impairs competition by making Cablevision pay for and carry networks that many subscribers do not want to watch, while other networks are excluded from distribution, preventing Cablevision from being able to differentiate its services and harming subscribers.
Cablevision's complaint asserts that Viacom engaged in a "per se" illegal tying arrangement in violation of the federal antitrust laws. Cablevision's antitrust lawsuit also asserts that Viacom has engaged in unlawful "block booking," which is a form of tying that conditions the sale of a package of rights on the purchaser's taking of other rights. Viacom's conduct also violates the Donnelly Act in New York State Law, which parallels federal anti-trust laws.

The complaint was filed under seal and a public version is not yet available.

Cablevision is seeking a number of remedies including:

Declaratory relief voiding the December 2012 carriage agreement.
A permanent injunction barring Viacom from conditioning carriage of any or all of its core networks on Cablevision's licensing any or all of Viacom's ancillary networks.
To effectuate the permanent relief, a requirement that Viacom permit Cablevision to carry the core networks and ancillary products on terms pending negotiation of a new, lawful agreement
Treble damages and legal fees.
Viacom's eight core networks:

MTV
MTV2
Nickelodeon
VH1
Spike
TV Land
Comedy Central
BET

Viacom's 14 ancillary networks:

Centric
CMT
MTV Hits
MTV Tr3s
Nick Jr.
Nicktoons
Palladia
Teen Nick
VH1 Classic
VH1 Soul
Logo*
CMT Pure Country**
Nick 2**
MTV Jams**

*Optimum East Only
**Optimum West Only

Antitrust Legal Background

Federal antitrust laws protect competition. By protecting competition, antitrust laws secure lower prices, higher quality, and other benefits for consumers.
The antitrust laws prohibit tying, where a powerful firm wields its leverage from a product in one market, called the "tying" product, to compel a customer to take another product, called the "tied" product, when that customer would have preferred instead to take a product that competes with the "tied" product.
The reason antitrust law prohibits such tie-ins is to protect competition and consumers. If powerful firms can leverage their power from one market to another, they can insulate the tied product from competition. Forcing customers such as Cablevision to take Viacom networks instead of competing networks, in turn, hurts consumers because they get less for what they pay for video services.
Cablevision officials indicated that there would be no immediate disruption in programming offerings pending the resolution of this matter.

- See more at: http://www.virtualpressoffice.com/RODAccess?did=1264238006741&pid=1116527&ct=C#sthash.quDMlaEp.dpuf


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Tuesday, February 5, 2013

BlackBerry gets help from Trend Micro in the fight against malware

BlackBerry Works with Trend Micro to Expand Protection for Customers Against Malware, Privacy Issues in Third-Party Applications

BlackBerry to Use Trend Micro's App Scanning Service to Further Analyze Apps Submitted to BlackBerry World

Feb 4, 2013

Waterloo, ON – BlackBerry® (NASDAQ: BBRY; TSX: BB) today announced that it is working with Trend Micro Incorporated, a global leader in cloud security, to expand the protection it already provides to BlackBerry customers against malware and privacy issues related to third-party applications.

As part of a multi-level and phased approach for addressing privacy implications and security concerns, BlackBerry will incorporate the Trend Micro™ Mobile Application Reputation Service with its current internal, proprietary system for analyzing applications. With the cloud-based Trend Micro Mobile Application Reputation Service, both current and new applications submitted to the BlackBerry® World™ storefront will be scanned for potential malicious behavior.

"BlackBerry is working with Trend Micro to implement a more robust approach for addressing privacy and security concerns related to third-party applications," said Adrian Stone, Director, BlackBerry Security Response and Threat Analysis at BlackBerry. "By incorporating Trend Micro's advanced mobile scanning and detection capabilities with our own internal, proprietary application analyzing system, we can provide another layer of protection and assurance for BlackBerry customers. Together, BlackBerry and Trend Micro are developing an innovative and comprehensive solution for protecting BlackBerry customers against emerging mobile security concerns."

"The volume of malicious and high-risk mobile apps are on the rise across the industry, which is why we applaud BlackBerry's commitment to protecting their customers against these emerging mobile threats," said Kevin Simzer, Vice President of Corporate Development and Alliances, Trend Micro. "With the speed that cybercriminals are targeting new platforms and applications, Trend Micro and BlackBerry's strategic collaboration is natural and timely for the security of end users. Together, the two companies can further secure and enhance BlackBerry customers' mobile experience."

Trend Micro has scanned and evaluated over 2 million mobile applications. Mobile Application Reputation Service is Trend Micro's next generation cloud-based technology for mobile operating systems that analyzes application code and behavior to identify risks from malware and data leaks. It also detects the abuse of battery, memory, and data resources. This service leverages the Trend Micro™ Smart Protection Network™ infrastructure to provide meaningful mobile app reputation ratings. The Smart Protection Network is built upon unique "in-the-cloud," technologies that naturally fit with cloud-based security services like the Mobile Application Reputation Service. By checking URLs, emails, files, and applications against continuously updated and correlated threat databases, customers always have immediate access to the latest protection.


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Saturday, January 5, 2013

InterDigital files ITC complaint against Huawei, Nokia, Samsung and ZTE, requests sales ban



InterDigital is at it again. The company may have lightened its patent load last summer with a little help from Intel, but it apparently still has plenty of ammunition left to fire at four new targets: Huawei, Nokia, Samsung and ZTE for selling "certain 3G and 4G wireless devices... that infringe up to seven of InterDigital's U.S. patents." At risk is a suite of 3G and 4G products from USB modems to laptops and covering phones and tablets in between. The specific models aren't listed in InterDigital's release, but the company is asking the United States International Trade Commission to block the import and sale of them all. This isn't the first time Samsung, Nokia or Huawei have come to blows with InterDigital -- the former settled back in 2008, the latter filed its own lawsuit and Nokia has more than a few battle scars already -- and something tells us it won't be the last. One company that should stay out of the crosshairs? RIM. The House of BlackBerry just extended its patent licensing deal and can now rest easy.


Update: You can also add Sony to the list of companies who have paid up.

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Tuesday, January 1, 2013

Apple withdraws patent claim against Samsung phone

On Friday, Apple withdrew a patent claim against a new Samsung phone with a hi-resolution screen. In a filing with the U.S. Federal Court in San Jose, Apple disclosed that it would not continue the patent claim since the device will not be offered in the U.S. The phone in question could be the Samsung Galaxy S III mini. Last month, Apple asked the court to add that model, along with some other Samsung phones and tablets, to its seemingly non-stop patent battle against Korean rival Samsung. The latter responded that since the Samsung Galaxy S III mini will not be offered in the U.S., it should not be part of the litigation.

Samsung launched the smaller sized version of the flagship Samsung Galaxy S III on October 5th in Europe. In its filing with the court, Apple noted that although the phone isn't sold in the U.S., it was able to order multiple units of the device from Amazon and have them shipped to the U.S. Despite this, Samsung said that it was not "making, using, selling, offering to sell or importing the Galaxy S III mini in the United States." And on the basis of that statement, Apple withdrew its claim against the phone, "so long as the current withdrawal will not prejudice Apple's ability later to accuse the Galaxy S III mini if the factual circumstances change."

source: Reuters


View the original article here

Saturday, December 29, 2012

Apple to drop patent claims against new Samsung phone

By Dan Levine

SAN FRANCISCO | Fri Dec 28, 2012 2:14pm EST

SAN FRANCISCO (Reuters) - Apple Inc has agreed to withdraw patent claims against a new Samsung phone with a high-end display after Samsung said it was not offering to sell the product in the crucial U.S. market.

Apple disclosed the agreement in a filing on Friday in U.S. District Court in San Jose, California. Representatives for both Apple and Samsung declined to comment.

Last month Apple asked to add the Galaxy S III Mini and other Samsung products, including several tablet models, to its wide-ranging patent litigation against Samsung.

In response, Samsung said the Galaxy S III Mini was not available for sale in the United States and should not be included in the case.

Apple won a $1.05 billion verdict against Samsung earlier this year but has failed to secure a permanent sales ban against several, mostly older Samsung models. The patents Apple is asserting against the Galaxy S III Mini are separate from those that went to trial.

Samsung started selling the Mini in Europe in October to compete with Apple's iPhone 5. In its filing on Friday in U.S. District Court, for the Northern District of California, Apple said its lawyers were able to purchase "multiple units" of the Mini from Amazon.com Inc's U.S. retail site and have them delivered in the United States.

But Samsung represented that it is not "making, using, selling, offering to sell or importing the Galaxy S III Mini in the United States." Based on that, Apple said it agreed to withdraw its patent claims on the Mini, "so long as the current withdrawal will not prejudice Apple's ability later to accuse the Galaxy S III Mini if the factual circumstances change."

The case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co Ltd et al., 12-630.

(Reporting by Dan Levine; Editing by Leslie Adler and Dan Grebler)


View the original article here

Tuesday, December 25, 2012

There's a Class Action Lawsuit Against Instagram Because of Course There Is

This story will display in ...Dec 24, 2012 2:26 PM  

There's a Class Action Lawsuit Against Instagram Because of Course There IsBecause it's the holidays and people will sue anything and everything is horrible, a California Instagram user has filed a class action lawsuit over that terms of service kerfuffle last week. Needless to say, this is dumb.

While Instagram likely overreached by claiming it could receive compensation by selling your photos for companies who may want to advertise with them, it quickly recanted. Not only that, but the terms of service that users took such issue with never even had a chance to go into effect.

So why the suit? Because Instagram is still insisting that it might—heavens forbid—show you ads. And if you decide to leave the service over it, you forfeit all your old photos.

Let's be clear about one thing: there's no way this lawsuit goes anywhere. At all. Instagram is a company, not a public utility. Serving you ads is the only way it can make money. It's the price you pay for all those fancy filters. If you don't like it, leave. The end. [Reuters]


View the original article here

Thursday, December 20, 2012

Samsung no longer asking for European injunction against Apple

Samsung no longer asking for European injunction against AppleSamsung won't get in the way of European Apple sales

One day after Judge Lucy Koh ruled Samsung's phones wouldn't be banned in the U.S., the South Korean manufacturer has decided to stop seeking a sales ban on Apple products in Europe.

On Tuesday, Samsung announced it would cease injunction attempts against Apple in the U.K., Germany, France, Italy and the Netherlands.

"[We] strongly believe it is better when companies compete fairly in the marketplace, rather than in court," Samsung said in a statement released to The Verge, echoing a criticism it's brought up about Apple's litigation habits before.

"In this spirit, Samsung has decided to withdraw our injunction requests against Apple on the basis of our standard essential patents pending in European courts, in the interest of protecting consumer choice."

However, even though Samsung won't be trying to convince the European courts to ban sales of Apple's products, the company will still continue seeking damages for patent infringements.

The ongoing legal drama between Samsung and Apple seems destined to continue, as until this point, neither party has budged without some motivation from the court system.

Though Samsung is dropping its injunctions against Apple based on the standard essential patents, it's still under investigation by the European Commission for potentially breaking anti-trust laws related to those same patents.

Apple was awarded $1 billion in damages from the U.S. ITC, but is still seeking even more, with the hope to gain more than an additional $700 million from Samsung.

These proceedings continue to happen, despite Samsung and Apple actually being partners in manufacturing the iPhone.

Both parties claim that the working relationship shared by the companies won't be affected by the trial, but there are rumblings Apple is looking elsewhere for aid in future phone development.

More progress is expected to be made in both Apple's case against Samsung and Samsung's case against Apple in the new year, and, hopefully there will be an end to this endless courtroom drama.

Via The Verge

ITC judge sides with Apple against Google on phone patent

A Google trademark is reflected in Apple logo in this photo illustration taken in Berlin, August 31, 2012.

Credit: Reuters/Pawel Kopczynski


View the original article here

 

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