Tag Archives: two thirds

Aug 18

The verdict is in: Motorola’s Xoom ...

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A German court ruled today that no, Motorola’s Xoom tablet doesn’t infringe upon the iPad’s design, Dow Jones Newswire has it. As a result, Apple won’t be able to ban the device across Europe, as it originally planned. it doesn’t matter as the Xoom, an inaugural tablet running Android 3.0 Honeycomb, was introduced at CES in January 2011. the device barely passed the one million units mark and in the first quarter of 2012 sold just 100,000 units. The ruling also rejected Motorola’s assertion that the iPad’s design patent is invalid…

According to the news wire service, the court saw Motorola’s design language sufficiently different to reject Apple’s copycat claims:

During two hearings prior to the ruling, the presiding judge had indicated the court was leaning in Motorola’s favor. Judge Johanna Brueckner-Hofmann said in March that the court considered the evenly bent back and shaped edges on the front of the Xoom tablet sufficient to give the product individual character.

The court ordered Apple to pay two-thirds of costs and Motorola to pay a third. Motorola is also embroiled in a patent fight with Microsoft over Android technology. That trial should start November 13, 2012.

There’s only that many ways one could build a tablet, but Apple’s original argument that Motorola copied the design of the iPad struck me as odd from the onset.

Here’s what the Xoom looks like.

Doesn’t look like an iPad clone to me.

That Apple bothered to even file a complaint over the Xoom’s design is a sign of how important Apple views the iPad and the tablet market and just how far the company is willing to go to block rivals from slowing down the iPad by flooding the market with Android slates.

So far, the strategy appears to be working to the extent that another old tablet model, Samsung’s Galaxy Tab 10.1, is facing a sales ban in the United States.

Other than that, litigation did little to cripple Apple’s competition. things are a bit different as of late, as Google stepped up its strategy by entering the market directly with its own Nexus 7 tablet. the device seems like it’s gotten off to a great start, with glowing reviews and endorsement from some of the most die-hard Apple fanboys.

By the way, funny how Google commissioned Asus to build the Nexus 7 and not Motorola, the famous mobile devices company it recently acquired for $12.5 billion.

Didn’t Google think Motorola was capable of engineering such a sleek, smooth device?

The verdict is in: Motorola’s Xoom doesn’t copy iPad’s design

Aug 16

Motorola’s Xoom Tablet Does Not Infringe on ...

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Motorola’s Xoom tablet does not infringe on some of Apple’s community designs, the regional court of Dû³¥¬¤orf ruled on Tuesday. Apple wanted a Europe-wide ban on the Motorola tablet, a court spokesman said.

Apple tried to get the Motorola Xoom banned in Europe because it said Motorola infringed on three of its community design rights, unitary industrial design rights that protect the intellectual property of products sold in the European Union. the judge decided that the Xoom does not resemble the iPad enough, said Andreas Vitek, spokesman for the regional Dû³¥¬¤orf court.

Motorola filed a counter claim against Apple, demanding that the court decide that Apple’s community designs were invalid, Vitek said. however, the judge also denied that claim, he said, adding that while both companies lost their claims, Apple had to pay two thirds of the litigation costs and Motorola should pay one third. Vitek could not say how much each company had to pay.

All three community designs used in the case cover iPad designs, and all three designs have an invalidity procedure pending, according to the database of the Trade marks and Designs Registration Office of the European Union. this means that an application for a declaration of invalidity has been filed against that specific design, and that the invalidity request will be examined.

Community design 1222905-0001 contains drawings of an iPad-like device as does community design 001222905-0008. Community design 001222905-0002, however, contains photos of the first iPad. all three the designs were registered in July 2010 and in all three registrations Jody Akana is credited as the designer.

Apple cited a different community design to request a ban of Samsung’s Galaxy Tab sales in Europe last year. In that case, Apple’s iPad-related community design 000181607-0001 was enough to give Apple a preliminary injunction against the Tab 10.1, temporarily blocking sales of the tablet in the Europe.

The community design used against Samsung has also an invalidity procedure pending. it was registered in 2004 and designed by Bartley K. Andre. this design consists of drawings of an iPad-like device and is categorized as a “handheld computer” instead of a “portable display device” as the other three community designs used against Motorola are.

Apple declined to comment on Tuesday’s ruling and Motorola did not respond to a request for comment.

The European ban against the Galaxy Tab 10.1 was lifted last August in all E.U. countries but Germany. Apple won a permanent ban on the 10.1 in Germany in September. to circumvent that ruling, Samsung modified the appearance of the tablet and created the Galaxy Tab 10.1N, which Apple also attacked in German courts.

Apple is still pursuing a ban on the altered Galaxy Tab 10.1N and appealed a ruling of the regional Dû³¥¬¤orf court that decided the 10.1N was sufficiently altered. the higher regional court of Dû³¥¬¤orf is set to rule in the 10.1N appeal case next Tuesday, said Vitek.

Loek covers all things tech for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com

Motorola’s Xoom Tablet Does Not Infringe on Apple’s Designs, German Court Rules

Aug 14

German court rules Apple iPad design patent valid, ...

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“A German court Tuesday ruled the Xoom tablet, made by Google Inc.’s Motorola Mobility, doesn’t infringe on the design of Apple Inc.’s iPad, but it rejected a claim made by Motorola that the iPad’s design patent is invalid,” Harriet Torry reports for Dow Jone Newswires.

“Apple initially sued Motorola for allegedly infringing three iPad designs with the Xoom. It sought to have the device banned across Europe,” Torry reports. “although the judges ruled Motorola’s Xoom doesn’t infringe on the iPad, the court rejected a counterclaim brought by Motorola alleging the iPad’s design patent is invalid, a spokesman for the court said.”

Torry reports, “as the court ultimately rejected both parties’ claims, it ordered Apple to pay two-thirds of costs and Motorola to pay a third, the spokesman added.”

Read more in the full article here.

MacDailyNews take: So, for now, Europe’s store shelves can continue to be littered with yet another POS Android-based wannabe iPad that nobody’s even giving a second glance to, much less buying.

Related articles:Motorola moves only 200K tablets, reports $80-million loss in Christmas quarter – January 27, 2012Motorola only shipped 100,000 Xoom tablets last quarter – October 27, 2011

German court rules Apple iPad design patent valid, says Motorola Mobility Xoom doesn’t violate it – MacDailyNews – Welcome Home

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Aug 12

Give a Thought to this Distressed Chipmaker, it ...

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By Harsh Chauhan – August 3, 2012 | Tickers: AMZN, AAPL, ATML, CRUS | 0 Comments

Harsh is a member of the Motley Fool Blog Network — entries represent the personal opinions of our bloggers and are not formally edited.

There are a number of companies, suppliers of components to be precise, riding this smartphone and tablet revolution. But some are finding the ride easy while for some, it has been a rocky one. the fate of these component suppliers depends on which camp they belong to.

On one side, we have the likes of Cirrus Logic (NASDAQ: CRUS), a manufacturer of audio chips which recently blazed the Street with its astronomical guidance. Cirrus supplies audio codecs to none other than Apple (NASDAQ: AAPL), which is its largest customer. around, two-thirds of Cirrus’ top line is made up of Apple’s purchases, and with the next version of the iPhone a stone’s throw away, Cirrus expects an 80% jump in revenue in the next quarter. Apple’s millions of iPhones and iPads have driven Cirrus towards the sky this year, a trend which looks more or less set to continue as Apple readies the next iteration of the iPhone for launch.

Not quite lucky!

But all are not lucky, especially those who don’t count the Cupertino-based giant on their client rolls. one such company is Atmel (NASDAQ: ATML), which recently posted a mixed quarter and sounded out a disappointing outlook. Atmel primarily makes microcontrollers, nonvolatile memories and radio frequency (RF) components. However, the microcontroller business is the one which deserves special attention as it makes most of the money for Atmel.

The company supplies its touchscreen controllers to a number of non-Apple devices. Its notable customers are Amazon (NASDAQ: AMZN), Samsung, HTC, and Motorola, among others. the company’s chips have been used in the Kindle fire, which was once second on the podium in the tablet race, and Samsung’s Galaxy Note and the 7.7-inch Galaxy Tab. while these haven’t been as remotely successful as Apple’s iPad or the iPhone so far, one shouldn’t simply ignore Atmel on this ground.

Innovation counts

Atmel has found its way inside devices made by a plethora of manufacturers. They range from the ones mentioned earlier to Lenovo, Acer, Toshiba, Nokia, Fujitsu, Huawei and others. These names might not be fancy, but this demonstrates Atmel’s cutting-edge technology being adopted by a wide range of customers. Its technology is indeed worth noting. take a look at XSense for example, which is a flexible and thin touch sensor that can help device makers eliminate the bezel from the devices altogether.

Now, when you have the capability of making such products, you can expect customers to come to you in due course. Its growing ties with Samsung can be cited as an example as Atmel once again featured in a number of phones by the Korean giant. Although these aren’t as well known as the Galaxy, Atmel certainly has the required technology to catapult itself to the next level.

Catalysts ahead

Moreover, a design win in the next version of the Kindle fire might also help Atmel see better days. the rumor mill has it that Atmel might possibly win the touchscreen controller spot in the Amazon’s next installment of its 7-inch tablet, which the online retailer is expected to launch this year. also, Atmel is counting on Microsoft’s Windows 8. Atmel CEO Steven Laub says that Windows 8 is “built for Touch,” and we all know that. As we see more touchscreen-enabled devices, including laptops, Ultrabooks and notebook computers, Atmel’s addressable market will receive a huge boost.

Atmel has “been working closely with them (i.e. Microsoft) and leading PC OEMs in preparation for the Windows 8 launch,” in the words of the CEO Laub. the company has an engineering partnership with Microsoft for Touch and Windows 8, which would probably act as a tailwind going forward.

The bottom line

Atmel might have disappointed with its outlook and stock performance so far this year. However, its big list of clients, budding ties with Apple’s arch-nemesis, the next Kindle fire, and Windows 8 are growth drivers that I’m counting on. the stock trades at a huge discount when compared to the industry average and the company has some strong catalysts going forward, which simply can’t and shouldn’t be ignored. in such circumstances, you might think of getting some Atmel for your portfolio.

Give a Thought to this Distressed Chipmaker, it Might Bounce Back

Jul 26

Apple Unsuccessful In Attempts To Ban Motorola ...

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Michael Harper for redOrbit.com – Your Universe Online

A German Judge has just denied Apple’s request to ban the sale of the Motorola Xoom in Europe, the latest ruling in Apple’s international legal fight against Android smartphone and tablet makers. though the court denied Apple their requested ban on the Motorola tablets, they also refused Motorola’s request to declare Apple’s community design rights to the iPad invalid.

Apple originally sought a ban on the Xoom tablet, saying it infringed on 3 of their community design rights, rights which protect intellectual property of products sold in Europe. Andreas Vitek, a spokesperson for the Dusseldorf court, said the judge decided the Motorola Xoom does not resemble the iPad enough to impart a ban on the device, according to PC World.

While Apple had complained about the design stylings of the Xoom tablet, Motorola had filed a counter claim against the Cupertino company, saying their community design claims were invalid. Both companies walked away from their day in court with a loss, though Apple was asked to pay two-thirds of the litigation bill. Motorola only had to pay one-third of the bill, though Vitek did not specify how much each company was responsible for.

Apple had filed their suit against the Xoom tablet shortly after the Regional Court of Dusseldorf blocked the sale and import of Samsung’s Galaxy Tab 10.1 from the European Union.

Apple and Google’s Motorola have been fighting in courtrooms around the globe for months now. most recently, Illinois US District Court Judge Richard Posner threw out the case between the two companies with prejudice, removing any opportunity for the two to sue one another over these claims.

In the Illinois case, Motorola had sued Apple for their use of one of Motorola’s FRAND patents concerning 3G connectivity. just as in Dusseldorf, Apple sued Motorola for designing their products to look like the iPad.

Several days later, an ITC court said they would review an earlier preliminary ruling which found Apple guilty of infringing upon Motorola’s 3G patent. Judge Thomas B. Pender had ruled in April that Apple was guilty of patent infringement by selling their 3G enabled iPads and iPhones. The ITC is currently reviewing this ruling and will have a final verdict in late August.

Should the ITC rule in favor of Google’s Motorola, a ban could be placed on any Apple product which uses the 3G FRAND patents in question.

Apple isn’t the only company Google-owned Motorola is going after for their use of their FRAND patents. Microsoft is also being sued by Motorola for the use of FRAND patents in their Xbox 360 gaming console. After Judge Richard Posner threw out the case of Apple and Motorola, Microsoft asked the ITC to review the case, filing for a partial termination of the investigation.

In Dusseldorf, both Apple and Motorola now have 30 days to appeal the Judge’s verdict to a higher court, should they want to continue the patent fight.

While Apple is usually the first to go after other companies for patent infringement, Motorola started the fight in the ITC court, saying Apple infringed on their 3G patents.

Apple Unsuccessful In Attempts To Ban Motorola Xoom Tablet

Jul 21

Motorola's Xoom tablet does not infringe on ...

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Motorola’s Xoom tablet does not infringe on some of Apple’s community designs, the regional court of Dû³¥¬¤orf ruled on Tuesday. Apple wanted a Europe-wide ban on the Motorola tablet, a court spokesman said.

Apple tried to get the Motorola Xoom banned in Europe because it said Motorola infringed on three of its community design rights, unitary industrial design rights that protect the intellectual property of products sold in the European Union. the judge decided that the Xoom does not resemble the iPad enough, said Andreas Vitek, spokesman for the regional Dû³¥¬¤orf court.

Motorola filed a counter claim against Apple, demanding that the court decide that Apple’s community designs were invalid, Vitek said. However, the judge also denied that claim, he said, adding that while both companies lost their claims, Apple had to pay two thirds of the litigation costs and Motorola should pay one third. Vitek could not say how much each company had to pay.

All three community designs used in the case cover iPad designs, and all three designs have an invalidity procedure pending, according to the database of the Trade Marks and Designs Registration Office of the European Union. This means that an application for a declaration of invalidity has been filed against that specific design, and that the invalidity request will be examined.

Community design 1222905-0001 contains drawings of an iPad-like device as does community design 001222905-0008. Community design 001222905-0002, however, contains photos of the first iPad. All three the designs were registered in July 2010 and in all three registrations Jody Akana is credited as the designer.

Apple cited a different community design to request a ban of Samsung’s Galaxy Tab sales in Europe last year. in that case, Apple’s iPad-related community design 000181607-0001 was enough to give Apple a preliminary injunction against the Tab 10.1, temporarily blocking sales of the tablet in the Europe.

the community design used against Samsung has also an invalidity procedure pending. it was registered in 2004 and designed by Bartley K. Andre. This design consists of drawings of an iPad-like device and is categorized as a “handheld computer” instead of a “portable display device” as the other three community designs used against Motorola are.

Apple declined to comment on Tuesday’s ruling and Motorola did not respond to a request for comment.

the European ban against the Galaxy Tab 10.1 was lifted last August in all E.U. countries but Germany. Apple won a permanent ban on the 10.1 in Germany in September. To circumvent that ruling, Samsung modified the appearance of the tablet and created the Galaxy Tab 10.1N, which Apple also attacked in German courts.

Apple is still pursuing a ban on the altered Galaxy Tab 10.1N and appealed a ruling of the regional Dû³¥¬¤orf court that decided the 10.1N was sufficiently altered. the higher regional court of Dû³¥¬¤orf is set to rule in the 10.1N appeal case next Tuesday, said Vitek.

Loek covers all things tech for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com

Motorola's Xoom tablet does not infringe on Apple's designs, German court rules

Jul 18

German Court Rules Xoom Doesn’t Violate iPad ...

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A German court ruled on Tuesday that Motorola’s Xoom tablet doesn’t infringe on Apple’s iPad patents. The companies have been fighting in court over allegations that the Xoom steps on three of Apple’s iPad design-related patents.

German court says Xoom doesn’t look like an iPad

Even though the court ruled in favor of Motorola, it refused the company’s request to call Apple’s patents invalid, according to Dow Jones News Wire. As part of the ruling, the Judge overseeing the case orders Apple to pay two thirds of the court costs, while Motorola must pick up the remaining third.

Motorola was generally expected to win this case since a Judge said in March that the Xoom’s curved back and edge angles were enough to differentiate it from the iPad’s design.

Despite Motorola’s partial win, the legal battle between the two companies in Germany isn’t over. Apple’s case in Mannheim accusing Motorola of infringing on its multi-touch patents is still underway.

Apple and Motorola have not commented on the court ruling.

German Court Rules Xoom Doesn’t Violate iPad Design Patents

Jun 01

RIM to writedown unsold BlackBerry, PlayBook ...

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RIM may be faced with a another writedown as its unsold BlackBerry smartphones and PlayBook tablet inventory continue to rise. RIM’s unsold devices have risen by two-thirds in the past year, making for a possible writedown of as much as $1 billion when its financial quarter ends this Saturday.

This would be the third large writedown in three quarters for RIM. it took a $485 million writedown against unsold PlayBooks back in November of last year and then another $267 million writedown for unsold BlackBerry 7 handsets in February.

Additionally, analysts expect to see a major drop in revenues and profits for RIM in the face of growing demand for Apple’s iPhone and Android devices as well as the resurgence of Nokia. Shipments are expected to be down 20 percent from a year ago, while the smartphone market has grown 50 percent.

RIM is expected to execute a major restructuring, which could see at least 2,000 jobs cut and as many as 6,000. RIM also just lost its chief legal officer of 12 years, Karima Bawa, among other senior execs that have recently left the company, including global head of sales Patrick Spence and former co-CEOs Mike Lazaridis and Jim Balsillie.

[via Guardian]

RIM to writedown unsold BlackBerry, PlayBook inventory – SlashGear