Category: Apple Legal News

UK Touch-Sensor Manufacturer Issues Legal Warning to Apple

UK-based touch-sensor specialist Quantum Research has filed another lawsuit against Apple, this time regarding the touch-screen technologies used in the iPhone.

The company said earlier this week that it may file a second lawsuit against Apple, claiming that some technologies in the iPhone infringe on the companies patents.

“We will be looking very carefull y at the iPhone,” Duncan Bryan, licensing director at Quantum Research (QR), told Electronics Weekly. “The description of the iPhone suggests it uses a rear-surface touch screen, and has proximity sensing which can tell if it is held to the ear. That’s a QR capability.”

Quantum Research’s original lawsuit dates back to December 2005 when it filed a formal complaint regarding the capacitive sensing technology used in the iPod click wheel.

Apple replied to the mentioned suit “denying all material allegations” as well as filing counter claims.

“There are settlement discussions going on but I believe it will go to trial later this year,” Quantum’s Philipp stated last month.

US May Charge Former Execs Over Stock Backdating

CNET News reports citing the WSJ that federal prosecutors are considering charging former Apple executives.

The Wall Street Journal believes that the prosecutors wish to fast track their investigations of executives who are believed to have illegally backdated stock options. It is believed that at least two of the executives are CFO Fred Anderson and general counsel Nancy Heinen who recently left suddenly.

Cisco Gives Apple More Time

Cisco has issued a statement stating that Apple has requested an extension to its time to respond to Cisco’s lawsuit. Cisco has extended the deadline which was today until February 21st.

Apple Inc. And Apple Corps. Come to New Agreement

In a joint statement Apple Inc. and Apple Corps Limited said that they had entered into a new agreement concerning the use of the name “Apple” and apple logos which replaces their 1991 Agreement. Under this new agreement, Apple Inc. will own all of the trademarks related to “Apple” and will license certain of those trademarks back to Apple Corps for their continued use. In addition, the ongoing trademark lawsuit between the companies will end, with each party bearing its own legal costs, and Apple Inc. will continue using its name and logos on iTunes.

Apple Inc. CEO said, “We love the Beatles, and it has been painful being at odds with them over these trademarks. It feels great to resolve this in a positive manner, and in a way that should remove the potential of further disagreements in the future.”

Commenting on behalf of Apple Corps. shareholders, Neil Aspinall, “It is great to put this dispute behind us and move on. The years ahead are going to be very exciting times for us. We wish Apple Inc. every success and look forward to many years of peaceful co-operation with them.”

The move comes in the midst of multiple rumours concerning a potential deal whereby the Beatles will have an exclusive deal with iTunes.

In Brief: iTunes 7.0.2 on Vista, Disney Sells 1.3 Million Movies, Apple Receives Requests for Documents

iTunes 7.0.2 on Vista

Apple has published a guide as well as tool to aid in the installation of iTunes on Microsoft Windows Vista. The guide encourages users to wait “a few weeks” until the next version of iTunes becomes available.

Apple lists some of the following as known issues with iTunes on Vista:

  • iTunes Store purchases may not play when upgrading to Windows Vista from Windows 2000 or XP.
  • iPod models with the “Enable Disk Use” option turned off may be unable to update or restore iPod software, and make changes to iPod settings.
  • iPod models configured to Auto Sync and have the “Enable Disk Use” option turned off may require being ejected and reconnected to resync.
  • Ejecting an iPod from the Windows System Tray using the “Safely Remove Hardware” feature may corrupt your iPod. To always safely eject an iPod, choose Eject iPod from the Controls menu within iTunes.
  • Cover Flow animation may be slower than expected.
  • Contacts and calendars will not sync with iPod.

The iTunes Repair Tool for Vista repairs permissions for important files required by iTunes.

Disney Sells 1.3 Million Movies

The Financial Times reports that Disney has sold over 1.3 million movies on the iTunes Store in the past 3 months.

It is widely expected that other studios will begin adding movies to the iTunes Store in the near future. Paramount Studios was the second studio to add movies to the Store.

Apple Receives Requests for Documents

Apple confirmed on Friday that it has received requests from the U.S. Government for documents and additional information on its past stock-options practices.

Apple said it will fully co-operate, adding “Resolution of these matters will be time-consuming, expensive, and will distract management from the conduct of the company’s business.”

iPhone Legal Action Put on Hold

The legal disagreements between Apple and Cisco have been put on temporary hold, the lawsuit has not been stopped but the two companies have agreed to extend talks.

“Apple and Cisco have agreed to extend the time for Apple to respond to the lawsuit to allow for discussions between the companies with the aim of reaching agreement on trademark rights and interoperability,” said a joint statement.

Cisco decided to take legal action against Apple after they released the iPhone last month at Macworld San Francisco.

“Cisco entered into negotiations with Apple in good faith after Apple repeatedly asked permission to use Cisco’s iPhone name,” stated Cisco senior VP and general counsel Mark Chandler.

In Brief: iTunes to Sell Super Bowl Content, iPhone Processor in-Depth, Journalism Prevails Apple

iTunes to Sell Super Bowl Content

The iTunes Store US is going to have highlights from the February 4 Super Bowl. Fans of American Football will be able to download the highlights the day after the game.

The highlights will cost $1.99, a 90-minute video of the game will also be made available.

iPhone Processor In-Depth

Ars Technica has posted an in-depth article into what the Apple iPhone could be running under the hood.

The article looks into ARM, Samsung, and Xscale processors.

Journalism Prevails Apple

Apple Inc. was ordered to pay $700,000 in court costs to bloggers in which the company had tried to prosecute, claiming that they had published trade secrets.

Apple attempted to subpoena AppleInsider, and O’Grady’s Powerpage over the rumoured Asteroid device.

Apple claimed that reports by both the sites violated California state trade secret law, arguing that this law took priority over the journalist’s First Amendment protection.

The decisions in the case so far mean that “bloggers” can continue to report stories and protect their sources without legal action.

Jobs Remains in Spotlight Over Stock Options Scandal

Both the San Francisco Chronicle and Bloomberg reported earlier today that Apple CEO Steve Jobs had been questioned by officials from the Justice Department and the SEC last week.

According to the reports Jobs arrived at a San Francisco Federal building last week for an interview “flanked by lawyers.”

It looks likely that the authorities are interested in a grant for 7.5 million options that were issued to the CEO in 2001 and were back dated 2 months.

According to the Chronicle a source familiar with the case states that Apple attorney Wendy Howell created the false documents at instruction of Apple management, Howell was dismissed in December 2006.

Apple Weighs in on Cisco’s Decision

Yesterday Cisco announced that it is suing Apple over the use of the iPhone trademark.

“Cisco entered into negotiations with Apple in good faith after Apple repeatedly asked permission to use Cisco’s iPhone name,” said Mark Chandler, senior vice president and general counsel, Cisco. “There is no doubt that Apple’s new phone is very exciting, but they should not be using our trademark without our permission.”

Apple spokesman Steve Dowling called the Cisco lawsuit “silly,” adding there are several companies using the term iPhone for VOIP products, and Cisco’s trademark is “tenuous at best.” “We’re the first company to ever use the iPhone name for a cellphone,” he said. “If Cisco wants to challenge us on it, we’re very confident we’ll prevail.”

Intertainer Sues Apple for Patent Infringement

Forbes.com has posted a report stating that Apple, Google and Napster are being sued for patent infringement by Intertainer Inc., described as a defunct online video and audio on-demand service.

The suit was filed in a Texas-based federal court on Friday accusing all three corporations of violating Intertainer’s patent for an online digital entertainment distribution system.

Intertainer is seeking unspecified damages for patent infringement.