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#Patentfun Nov 28 – Dec 2

Time for another instalment of everybody’s favourite legal rundown of the mobile OS scene… #patentfun.

So what’s happened?  A LOT.  Lots of buzz about CarrierIQ (not sure it really belongs here quite yet, but it’s important stuff) and Sammy and Apple going at it tooth and nail.  Let’s dive in:

Remember when Apple won the injunction in Germany to ban the Galaxy Tab?  And Samsung had to even censor their booth at the electronics show?  And then, when Samsung pulled out a new version which they claimed didn’t infringe on the patents that Apple was upset over?  Yeah, well Apple’s still sore about any other tablet in a market and are pursuing having the 10.1N tablet banned as well.  We’ll hear what the courts think (and who knows how these German courts tend to run) on December 22.  Until then the 10.1N can stay on the shelves

  • CarrierIQ… developments

Okay, really – this story is starting to freak me out.  Thanks to all the work that Trevor has done to really bring it to light.  In the past week we’ve heard so much about it that it would be difficult for me to even start to discuss it.  And there’s so much out there already dissecting every little bit that I would end up being redundant.  So let me see if I can’t recap:

  • CarrierIQ has software in some phones [Android, Nokia, iPhone, BlackBerry] that will log keystrokes and information.  They do this at the behest of the cellular carrier.  They released a statement about their practices.  Take it with large grains of salt.
  • Trevor shows a nice detailed video of what CIQ does:  it’s really spooky

This story is just getting crazy.  Really, so much going on, statements flying left and right.  Again, my point is that, yeah, the company sounds like a creepr — but it’s the carriers and the manufacturers who allow the software to be baked in.  Somebody should be asking THEM what’s the dealio!!

Engadget has a nice run-down of the companies that have used CarrierIQ.

Don’t feel safe?  Use the app developed by Trevor to see if your phone has it (can’t find the link, but here’s the apk).  There’s also an app in the market for you to try (I haven’t tried it yet).  My Captivate is fine.

We could go on and on about CarrierIQ, but I won’t belabour the point.  It’ll be interesting to say the least.

IPCom is trying to get HTC banned in Germany (seems like the ‘easy win’ territory for IP laws lately).  HTC strongly believes that they got the ‘all clear’ on no more infringing on any patents and could go ahead and still distribute.  Gotta love that moxy!

Awesome!  Samsung got the Galaxy Tab unbanned in Australia recently, however, Apple has used their legal mojo to ensure the ban sticks just a little longer… bleeding into the holiday shopping time, which is the prime time.

Is it just me, or does that sound bat-shit crazy?  If you’re in the clear… go for it.  How did Apple get that extension?  Apple’s gotta get into the legal profession… sell those lawyers!

Samsung is arguing, but by the time it could be decided on it will be Dec. 9th, so it’s almost pointless, but serves the prospect of showing the world just exactly how Apple is entirely unfriendly.

  • Motorola tried sneaking in iCloud infringings into Florida suit against Apple [will have to file separately]

Recently Motorola filed for patent infringing re: iCloud in Germany, and it looks like they might have a case there (remember Germany = easy win).  But when they tried to add it into the suit they already had against Apple in Florida it was a no go.  Now it’s not to say that there isn’t a case – but, just they could add it in to an existing file already open.  So, they’ll have to probably file an entirely different suit just for that.

Good to see HTC having a ‘win’ as they haven’t fared so well lately.  This time, the ITC ruled that Flashpoint had no basis for a case to ban HTC’s phones with cameras.  If you read what FlashPoint was upset over… it was over HOW A CAMERA WORKS.  You know, like aperture, flash, etc… stuff that’s been around FOR A LONG LONG TIME.  Thankfully the judge’s didn’t take too long to consider this what it was:  Patent Trolling by Apple.

So that’s how I saw things this past week.  I wrote this article in a bit of a hurry – so I apologize if it seems brief – but I just got the new RAZR in and am giddy playing with it for a review for y’all.

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  • Anonymous

    it looks as though the CIQ client isn’t actually running on LG from the link. I think LG’s statement may be accurate when they say it isn’t running. You can tell because when the user clicks on the app, the “Force Close” button is grayed out. That only happens when an application is not actually running