Samsung has finally stepped up to take a swing back at Apple, filing a lawsuit on Tuesday aimed at the iPhone 5. Meanwhile, a company you probably never heard of is claiming they had Passbook first, and Google is backing down from Cupertino for some mysterious reason. Is this a sign of peaceful times to come?
We have been expecting this lawsuit for some time, and Reuters reports that Samsung finally dropped the gavel on Tuesday, assumedly claiming that the iPhone 5 infringes on several LTE patents.
Regarding the lawsuit, Samsung stated, "We have little choice but to take the steps necessary to protect our innovations and intellectual property rights."
Samsung has been reeling since losing a high profile, billion dollar judgement to Apple in August, and could really use some leverage in their dealings with Cupertino. However, this is most likely not going to be a windfall decision for the Korean smartphone manufacturer.
Take that, Apple. Stings, right? No?
Apple is most likely using technology patented by Samsung to achieve 4G speeds with the iPhone 5, but those patents are not going to hamper iPhone sales. As Florian Mueller of FOSS Patents speculates, it is more likely that these patents will be considered standard-essential patents (SEP); the court will determine that Samsung must license them to Apple as well as the fees that Apple must pay to use them, and that will be that. Certainly not the big strike back Samsung would love to make, but at this point, every little bit helps.
Are you using your Passbook app yet? Some are claiming it is Apple's most underrated new app. Others, like software company Ameranth, are claiming Apple stole the software for the app and want recompense.
Ameranth primarily sells software and services to the hospitality and gaming industry, but also loves suing big companies like Hilton, Marriott, Best Western, Travelocity, Kayak, Hotwire, Expedia, Orbitz, Ticketmaster, Stubhub, and Fandango for patent infringement when the opportunity presents itself. Now CNET is reporting that Ameranth is now turning its legal team loose on Cupertino.
See, we had Passbook first, even though you never heard of us until after it launched.
In this case, Ameranth is crying foul over four U.S. Patents (No. 6,384,850, No. 6,871,325, No. 6,982,733, and No. 8,146,077), particularly targeting Passbook's ability to download and store "airline boarding passes, hotel reservations, movie tickets, and event tickets." So, pretty much the whole app.
Ameranth claims in their suit that Apple knew they were in violation with Passbook, and one patent in particular really has the company feeling salty.
"U.S. Patent No. 6,384,850," Ameranth claims, "was cited as a prior art reference in two Apple iPhone patents issued to named inventors Bas Ording and Steven P. Jobs."
This case is just getting underway, and could go an number of different ways. Apple is just getting Passbook unboxed and doesn't need a nasty lawsuit to scare other businesses away. Ameranth may be counting on that, as the company is seeking triple damages from this alleged Apple infringement. Stay tuned.
In a curious development, Florian Mueller of FOSS Patents reports that Google's Motorola Mobility has just withdrawn its second ITC complaint against Apple. The complaint was originally filed just a week before Apple's massive win against Samsung in August, and it is unclear what effect, if any, that ruling had on the decision to withdraw.
In fact, it is unclear why Google withdrew for any reason. Mueller suggests three possibilities: the selection of the Judge Essex, who is notoriously hard on complainants, scared Google away; Google has recently expressed difficulty managing all of the documents related to the case and may want to resubmit later on when better prepared; or this is the first sign of success in the secret, high-level peace talks between Apple and Google.
One more thing -- I'd like to stop writing big checks to lawyers.
A settlement between the two former frenemies seems premature, though. As Mueller was quick to point out, there are no other cases being shut down like this one.
"I have checked on the dockets of a couple of federal lawsuits pending between the parties," Mueller wrote, "and there are no signs of withdrawals or an impending settlement there."
We'd all love to see a settlement happen, really, so these two companies could get back to making great products, and the Cupertino legal team can get back to fending off patent trolls you probably never heard of before.
Adrian writes the weekly Law & Apple column and the occasional feature story for MacLife.com. Follow him on Twitter, or subscribe to him on Facebook. Also, App.net.
