Archive for 'Lawsuit'

BBC’s Top Gear (it’s like The Engadget Show, but for cars) did not libel Tesla Motors when it reviewed the Tesla Roadster way back in 2008. Jeremy Clarkson’s review showed the super-EV conking out after 55 miles of driving (a quarter of its expected range), suffering brake failures and an engine overheat that Elon Musk’s company flatly denies ever happening. In the High Court, however, Mr Justice Tugendhat said that people could tell the difference between Clarkson’s torturous, heavy-footed “powerrrrrrrrr” driving that goes on at Dunsfold Aerodrome, and the staid manner in which people drive on motorways. Tesla still maintains that the review has damaged its image, which is why it’s also pursuing a claim for malicious falsehood, yet to be decided — and on that bombshell, here’s the original, legally non-libelous review for your enjoyment… goodnight!

Continue reading English Court: Top Gear didn’t libel Tesla

English Court: Top Gear didn’t libel Tesla originally appeared on Engadget on Fri, 21 Oct 2011 03:07:00 EDT. Please see our terms for use of feeds.

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The likelihood of a successful acquisition of T-Mobile by AT&T may largely depend on what the latter is willing to give up. The largest GSM carrier in the US may need to throw a few assets overboard in order to satisfy the Department of Justice, and has reportedly been Rethinking Possible by engaging in discussions with several parties interested in scooping up the leftovers. According to Bloomberg, MetroPCS appears to be the frontrunner in the talks, and plans to meet with the Justice Department (alongside AT&T, of course) in the next two weeks to determine if the strategy will appease the regulating body. No guarantees here, of course: it seems like a lot of assets would have to change hands for MetroPCS — a regional carrier with roughly nine million subscribers — to be considered a large enough competitor to assuage the government’s concerns here. We can’t imagine the Feds would be satisfied with any small offering, considering the Department’s filed a lawsuit against Ma Bell to block the merger. We have a feeling this saga is just starting to get real interesting, so stay tuned.

MetroPCS may be top contender for AT&T’s post-acquisition assets originally appeared on Engadget on Thu, 20 Oct 2011 19:11:00 EDT. Please see our terms for use of feeds.

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Well, so much for that. Samsung’s Executive Vice President of Product Strategy — Won-Pyo Hong — didn’t say a whole heck of a lot on stage here at AsiaD, but he did clarify one thing near the end of his interview: he has ‘no idea’ where those earlier rumors came from. With “those rumors” regarding the matter of designing the Galaxy Nexus specifically to avoid patent troubles with Apple. According to Dr. Hong, the actual development of the Galaxy Nexus started with Google before the initial lawsuit hammer fell between the two outfits, making it impossible for the suits being flung back and forth today to have any impact on that decision.

We believe it. These phones are designed months — if not years — in advance, and the actual process from concept to shipping takes a relative eternity. Furthermore, the original source (linked in More Coverage) only tied the quotes from Sammy’s Shin Jong-kyun loosely to the Galaxy Nexus, and we’re guessing that Samsung takes a look at all potential legal implications before shipping any product. In other words, the company’s probably doing everything it can — including paying Microsoft for every single Android device sold — to avoid these nasty legal battles, but the Galaxy Nexus wasn’t engineered just to sidestep another fight with the lawyers in Cupertino. And now you know.

Samsung’s Won-Pyo Hong: Galaxy Nexus wasn’t designed just to skirt Apple patents originally appeared on Engadget on Thu, 20 Oct 2011 05:08:00 EDT. Please see our terms for use of feeds.

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HTC has since lodged some additional patent infringement complaints with the International Trade Commission, but an ITC judge has now ruled on HTC’s first complaint against Apple from back in May of 2010, finding no violation of the patents in question on the part of Apple. As FOSS Patents notes, however, the ruling hardly puts an end to the dispute between the two companies, and HTC certainly seems to be in it for the long haul. Its general counsel told CNET that “this is only one step of many in these legal proceedings,” and that, “we are confident we have a strong case for the ITC appeals process and are fully prepared to protect our intellectual property.”

ITC judge says Apple did not infringe on HTC’s patents in initial case, more rulings still to come originally appeared on Engadget on Mon, 17 Oct 2011 13:49:00 EDT. Please see our terms for use of feeds.

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Before there was Google+ there was Google Buzz, the company’s big effort to stake a claim in the social networking space. That, of course, didn’t exactly work out for the search giant, and it even managed to spark some lawsuits and attract the eye of the FTC. Now Google has finally swept it under the rug in a bit of fall cleaning, stating in a blog post today that Google Buzz and the Buzz API will be shut down “in a few weeks,” and that it will now focus solely on Google+ instead. Also getting the axe is Jaiku, a social networking service that Google acquired in 2007, as well some of the social features on iGoogle, and the company’s Code Search service, which will officially be shut down along with its API on January 15th of next year. And, if that wasn’t enough, Google also confirmed that today’s the day that the Google Labs site will be shut down (its demise was announced this summer).

Google finally pulls the plug on Buzz amid ‘fall sweep’ originally appeared on Engadget on Fri, 14 Oct 2011 14:45:00 EDT. Please see our terms for use of feeds.

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There’s still no further word on Samsung’s recent attempt to block sales of the iPhone 4S in France and Italy, but the company’s now been dealt a blow in its similar efforts in the Netherlands. According to Reuters, a Dutch court has turned down Samsung’s request for a ban on certain Apple products, and rejected claims that they infringe on Samsung’s patents (it’s also rejected Apple’s counterclaims in the case). The particular patents in question here are not related to software or the design of the devices, as in other cases, but rather their 3G capabilities, which Samsung had claimed Apple was infringing on with the various iterations of the iPhone and iPad.

[Thanks to everyone who sent this in]

Dutch court turns down Samung’s request to block Apple products originally appeared on Engadget on Fri, 14 Oct 2011 10:27:00 EDT. Please see our terms for use of feeds.

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Among the many battlegrounds in the legal spat between Samsung and Apple, the case filed down under has had some of the most action. Just over a week ago, Apple wanted nothing to do with Samsung’s attempt to settle the suit. Today, the crowd in Cupertino is glad that they rebuffed Sammy’s overtures, because the Federal Court in Australia granted Apple’s injunction barring the Galaxy Tab 10.1 from appearing in Aussie stores. That means that Sammy’s svelte slate will not be for sale (legally, anyway) in Australia unless it can convince the court that its tablet doesn’t infringe Apple’s patents at trial. You’ve won this battle, Apple, time will tell if you win the war.

Apple granted injunction against Samsung in Australia, no Galaxy Tab 10.1s allowed in the land of Oz originally appeared on Engadget on Wed, 12 Oct 2011 22:18:00 EDT. Please see our terms for use of feeds.

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Earlier this summer, a judge in The Netherlands ruled to ban sales of Samsung Galaxy S, S II and Ace smartphones, stating that the devices violated an Apple patent which deals with a “method of scrolling.” Well, nearly two months have passed, and Samsung is just now getting around to releasing “upgraded” versions of the affected devices, presumably implementing a non-infringing scroll tool. A Samsung spokesman told Reuters that the three phones will “shortly be available for sale,” neglecting to provide an exact release date — so we wouldn’t suggest lining up to get your Galaxy S II fix just yet. This small victory is only the latest in the Apple / Samsung lawsuit saga, which has created quite a stir in a handful of courts around the world. We have yet to hear about a solution to the Galaxy Tab 10.1 ban in Australia, for example, where fingers are being pointed in every direction.

Samsung modifies Galaxy smartphones to satisfy Dutch court, plans to resume sales soon originally appeared on Engadget on Wed, 12 Oct 2011 08:39:00 EDT. Please see our terms for use of feeds.

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Nearly two years ago, a French court dismissed a lawsuit that Nintendo filed against a group of vendors accused of illegally selling DS flash carts. At the time, the game-maker argued that sales of the cartridges should be halted on the grounds that they could be used to illegally pirate software, but the presiding judge thought differently, countering that the R4-like devices could be used to develop homebrews or other DIY projects. Last week, however, the Paris Court of Appeals overturned the ruling, in a decision that Nintendo has met with understandable delight. In a statement released today, the company confirmed that Divineo SARL and five other flash cart retailers must pay a total of €460,000 in criminal fines, along with €4.8 million in damages to Nintendo, as ordered by the appeals court. Details behind the ruling remain vague, though Nintendo hailed it as a “strong message to French companies… that such activities are illegal and will not be tolerated,” and that convicted vendors will “risk prison terms, face substantial fines and obligations to pay damages.” Sail past the break to read Nintendo’s statement, in full.

Continue reading French court reverses DS flash cart ruling, Nintendo smiles

French court reverses DS flash cart ruling, Nintendo smiles originally appeared on Engadget on Tue, 04 Oct 2011 18:13:00 EDT. Please see our terms for use of feeds.

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That record-breaking Hurt Locker lawsuit may not be so impressive after all, now that Voltage Pictures has slashed a major chunk of defendants from its file-sharing complaint. Last week, the company voluntarily dismissed about 90 percent of the 24,583 defendants originally named in the suit, according to documents filed with the US District Court for the District of Columbia. The dismissals were made without prejudice, meaning they could theoretically be re-targeted in the future, though the number of those that reached settlements with Voltage remains unclear. The company also identified some of the alleged file-sharers by name, but acknowledged that 2,278 IP addresses remain anonymous. For more details, check out the coverage from TorrentFreak, where you’ll find the full list of dismissed IP addresses, along with the recently-named defendants.

Voltage Pictures dismisses 90 percent of defendants in Hurt Locker file-sharing lawsuit originally appeared on Engadget on Mon, 03 Oct 2011 05:01:00 EDT. Please see our terms for use of feeds.

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