Patent Disputes

Kodak sues LG, Samsung over camera phone patents

Phil Goldstein — Tue, 18 Nov 2008 09:51:22 -0500

Kodak is suing LG and Samsung over patent infringement in the design of camera phones, accusing the handset makers of using Kodak's design for the capture, data compression and storage of pictures.

Kodak usually inks licensing deals for its technology and it has done so with other camera manufacturers and cell phone makers, but the Rochester, N.Y.-based company said its negotiations with the two South Korean handset makers did not result in an agreement.

"Our digital-camera technology is different from the one used by Kodak. We haven't infringed upon Kodak's related patents," said LG Electronics spokesman Choi Jun-hyuk. "We'll actively deal with the case." Samsung said it works to protect intellectual property rights, but would respond actively to the litigation.

Kodak, which gets a significant portion of its revenue from licenses, filed suit in U.S. District Court in Rochester and also lodged a complaint with the U.S. International Trade Commission.

For more:
- see this article (sub. req.)

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Calypso sues T-Mobile over HotSpot@Home

Phil Goldstein — Fri, 14 Nov 2008 11:52:39 -0500

Calypso Wireless has filed a patent infringement claim against T-Mobile USA, claiming that the carrier violated its patent on switching between GSM networks and WiFi connections.

Calypso says that T-Mobile Hotspot@Home service violates the patent it holds on automatic switching of network access points. T-Mobile's HotSpot@Home service has been in operation since June 2007, and T-Mobile has a small portfolio of phones that work with it.

"Calypso has invested significantly in the discovery, development and continued advancement of FMC," said Richard Pattin, president of Calypso. "When others make use of our patented technology, we will continue to take aggressive action including the enforcement of our legal rights."

T-Mobile released a statement regarding the claim:

"T-Mobile USA, Inc. has been made aware of the filed lawsuit and is reviewing the complaint and asserted patent. Based on its preliminary review the company believes that Calypso Wireless's allegations are without merit. T-Mobile intends to defend itself vigorously in this case."

For more:
- see this release

Related Article:
T-Mobile adds to its HotSpot@Home lineup

Qualcomm slapped with $1 billion patent suit

Phil Goldstein — Tue, 28 Oct 2008 10:00:09 -0400

Qualcomm is now embroiled in another legal battle over patent infringement. Gabriel Technologies filed a $1 billion lawsuit against the tech firm, claiming that Qualcomm subsidiary SnapTrack improperly appropriated intellectual property as part of a joint development agreement with Locate Networks. Gabriel says that the rights were acquired by its own subsidiary, Trace Technologies, and that Qualcomm wrongly acquired 90 separate patents by claiming ownership.

"We look forward to providing the court with evidence of Qualcomm's wrongdoing in this case," said Ronald Gillum, Jr., Gabriel's president. "We intend to vigorously prosecute this misappropriation of our valuable intellectual property."

The disputed technology revolves around assisted GPS, which helps integrate GPS technology into mobile devices.

Qualcomm has also been involved with a long-running patent dispute with rival Broadcom, which has gone through numerous arbitration decisions by both federal courts and the U.S. International Trade Commission.

For more:
- see this article

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Qualcomm, Nokia reach new patent agreement, end years of bitter disputes

Lynnette Luna — Thu, 24 Jul 2008 04:30:21 -0400

The many bitter patent disputes between Qualcomm and Nokia have finally ended. The two telecom giants announced they have entered into a new 15-year patent agreement that effectively settles all litigation between the companies, including the withdrawal by Nokia of its complaint to the European Commission and numerous lawsuits filed in the U.S., Europe and Asia. Nokia filed a complaint with the EC in October 2005 with five other companies, which led to a flurry of lawsuits between Qualcomm and its rivals and several regulatory probes into Qualcomm's licensing practices. The two were also miles apart for some time when it came to renegotiating a new license agreement that expired in April 2007.

The new deal comes on the day Qualcomm and Nokia were to appear in a Delaware court to begin a key trial over WCDMA patents, but the judge had delayed the trial by a day. Nokia claimed Qualcomm charges too much for the patents. Nokia now has been granted a license under all of Qualcomm's patents for use in Nokia mobile devices and Nokia Siemens Networks infrastructure equipment. The agreement covers a number of technology standards, including GSM, EDGE, CDMA, WCDMA, HSDPA, OFDM, WiMAX, LTE and others. Nokia also agreed not to use any of its patents directly against Qualcomm, enabling Qualcomm to integrate Nokia's technology into Qualcomm's chipsets.

The financial structure of the settlement includes an up-front payment and on-going royalties payable to Qualcomm. Nokia has agreed to assign ownership of a number of patents to Qualcomm, including patents declared as essential to WCDMA, GSM and OFDMA. The specific terms, however, are confidential.

Qualcomm investors breathed a sigh of relief, pushing the company's shares up 18.7 percent in after-hours trading.

Qualcomm delayed the release of its fiscal third-quarter results for several hours to announce the agreement with Nokia. The company's profits fell 6 percent to $748 million, or 45 cents a share, for the three months ended June 29, down from $798 million, or 47 cents a share, the previous year. Revenue grew 19 percent to $2.76 billion from $2.33 billion.

For more:
- read AP
- see this release

Related stories:
Nokia gains patent victory over Qualcomm in Germany. Nokia patent story
Nokia, Qualcomm head to court this week over CDMA patents. Nokia/Qualcomm story
Qualcomm-Nokia lawsuits continue to fly. Lawsuit story
Nokia sues Qualcomm in Europe. Nokia-Qualcomm story

Special Report: NTP in the News

Wed, 12 Sep 2007 12:00:19 -0400

NTP is back. The patent holding firm that successfully squeezed Research In Motion for more than $612.5 million in the spring of 2006, is now suing the big four mobile carriers in the U.S. as well as Palm. NTP brought each of the lawsuits to the same court in Virginia, which originally handled the RIM case.

Take a look at some of our past coverage of NTP's activities here:

NTP sues carriers over wireless email - Sept. 11, 2007
NTP is suing AT&T, Verizon Wireless and Sprint Nextel over patent infringement claims similar to those it brought against BlackBerry maker Research In Motion. NTP wants royalties based on the sales of phones and PDAs for these carriers. Continue reading...

Jugde halts patent case - March 22, 2007
A federal judge halted a patent infringement lawsuit brought against Palm by NTP. Palm can continue to sell its products until the USPTO rules whether they infringe on NTP's wireless email patents. Continue reading...

NTP sues Palm - Nov. 6, 2006
NTP is back in lawsuit mode. The company, which forced BlackBerry maker RIM to settle the patent lawsuit between the two earlier this year, said it is suing Palm. It alleges that Palm's products, services, systems and processes violate NTP's wireless email technology. Continue reading...

RIM, NTP to Settle...Finally - March 5, 2006
RIM is finally looking to put this whole patent-infringement mess behind it, reaching a $612.5 million settlement with NTP. NTP got a windfall because the deal stands even if all of its patents in question are rejected by the U.S. Patent and Trademark Office. Continue reading...

RIM eases concerns about software workaround - Feb. 2, 2006
Research In Motion said it has successfully trialed a software workaround solution it can implement to keep the BlackBerry system running if a District Court judge issues an injunction later this month in the NTP vs. RIM patent dispute. Continue reading...

USPTO throws out another patent in RIM/NTP case - Dec. 15, 2005
The US Patent and Trademark Office ruled against another NTP patent at the center of its lawsuit against RIM. This is the second time this patent in particular has been rejected, and the USPTO made it clear that the final ruling will most likely uphold the previous two decisions. The patent is not critical for the NTP case, but it does point to an unmistakable pattern. Continue reading...

Supreme court rejects emergency stay in NTP/RIM case - Oct. 26, 2005
As expected, the US Supreme Court denied RIM's emergency request for a freeze on its patent lawsuit case with NTP. The chief justice rejected the motion without comment. However, the court's action does not necessarily point to whether it will hear the case in its next session. Continue reading...

NTP vs. RIM Drags on - Aug. 2, 2005
An appeals court yesterday reversed some findings against Research in Motion (RIM) in its ongoing patent dispute with holding company NTP but sent the case back to a lower court. The appeals court denied RIM's petition for a rehearing of the case. Continue reading...

Why mobile companies like running to the ITC

Mon, 10 Sep 2007 06:59:59 -0400

Why mobile companies like running to the ITC
Are you wondering why a host of mobile companies are running to the U.S. International Trade CommissionÃ‚Â (ITC)Ã‚Â to remedy their patent disputes rather than duking it out in district court?

The obvious answer is Broadcom's success in June to get the ITC to ban the import of certain mobile phones containing 1xEV-DO and WCDMA chips. The commission ruled that the chips infringed on a Broadcom patent.

But the onslaught of ITC complaints from a variety of companies began well before that and accelerated last summer, when the Supreme Court, through the eBay Inc vs. MercExchange LLC ruling, made it harder for patent owners to win a permanent injunction against infringers. As such, using Section 337 of the Tariff Act of 1930, which was originally enacted to protect U.S. domestic industries from unfair competition abroad, has significantly evolved into the primary means for companies to protect their intellectual property rights in cases involving infringing imports. Section 337 investigations are done by the ITC, and since a growing number of U.S.-based high-tech companies are moving their manufacturing operations outside of the U.S., their products are subject to ITC jurisdiction because they are being imported back into the U.S.

According to law firm Bingham McCutchen, a number of advantages exist using Section 337. The ITC usually issues a reasonably quick decision compared with a typical court case since the commission is required by law to complete investigations by set dates. In addition, an ITC ban on products has teeth because it is enforced by U.S. Customs. A court injunction is difficult to enforce. As such, an ITC ban makes the likelihood of a settlement all the greater.

Today, the ITC is scheduled to hear Qualcomm's petition to ban the import of Nokia GSM phones. And last week we saw the ITC agree to investigate Nokia's 3G handsets, which InterDigital claims infringes on two of its patents. Meanwhile, Nokia has asked the ITC to ban imports of certain Qualcomm chipsets and handsets that it claims infringe on five of its patents. Nokia says Qualcomm's recent patent setbacks with other companies is giving the handset vendor an advantage since it is filing similar complaints.

The advantages of the ITC's involvement coupled with Broadcom's success against Qualcomm means we can continue to see the IP legal drama unfold. -Lynnette