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Category Archive for ‘lawsuit’ rss

Bethesda lawsuit claims ‘Westworld’ game is ‘Fallout Shelter’ rip-off

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Musk emails alleged Tesla saboteur, 'You're a horrible human being'

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Japanese Entrepreneur Sues Apple Over Key Flicks and 3D Touch on iPhones and iPads

Toshiyasu Abe, a resident of Vancouver, Washington, has filed a lawsuit against Apple in Oregon district court this week, accusing the company of infringing upon his patent with Key Flicks and 3D Touch on select iPhone and iPad models.


The patent in question is No. 6,520,699, granted by the United States Patent and Trademark Office in February 2003.

Mr. Abe has been an entrepreneur and inventor for nearly his entire life. In the early 2000s, Mr. Abe dedicated substantial time and resources into developing, promoting, and protecting the then-novel user interface device claimed in United States Patent No. 6,520,699, titled “KEYBOARD.”

Like most patents, the description and claims for this one are very long and exhaustive, but from a high level, it at one point refers to a “user interface device” comprising “a plurality of buttons displayed on a touch sensitive screen,” with “each button being associated with a plurality of characters or functions.”

Here’s how the patent is described in the complaint, obtained by MacRumors:

The ‘699 patent covers at least a touchscreen device having a plurality of buttons displayed on the screen, each button being associated with a plurality of characters or functions. When a user touches or taps on a button, the device will respond by displaying a plurality of characters or functions associated with that button. The device can also detect an applied force and direction of motion, which enables a user to simply flick or swipe their finger toward the desired character or function to thereby select that character or function.

There are several other embodiments of the invention, including physical thumb control pads on a mobile phone, notebook, or steering wheel in a vehicle, each with a multitude of pressure-sensitive, geometrically-shaped keys.

Various embodiments of the patent

The touchscreen embodiment does sound similar to how accented characters are managed on the iPhone keyboard. When a user taps on the E key, for example, a menu appears with diacritics such as È, É, Ê, and Ë. The user then slides their finger over the desired character and releases to input it in a text field.

Abe believes Apple’s infringement extends to the Flick Keyboard, introduced in iOS 11 for select iPad models. When enabled, the feature allows an iPad user to simply tap and swipe down on a key to input a number or symbol. If a user taps and swipes down on the D key, for example, a $ symbol is inputted.

The complaint alleges that 3D Touch also infringes upon his patent, given its pressure-sensitive, multifunction attributes.

Apple is also said to be further inducing infringement by aiding and abetting the development of third-party iPhone keyboards and apps that implement flick-style keys and 3D Touch, available through the App Store.

Third-party Japanese keyboard for iPhone

The accused products include at least the following iPad and iPhone models sold in the United States: iPhone 6s, iPhone 6s Plus, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus, iPhone X, iPad Air, iPad Air 2, iPad mini 2, iPad mini 3, iPad mini 4, 9.7-inch iPad, 9.7-inch iPad Pro, and the 10.5-inch iPad Pro.

The complaint alleges that Apple has known of Abe’s patent since at least as early as 2009, when he first gave written notice of its infringement. The plaintiff allegedly exchanged a number of emails with Apple, and engaged in at least one phone call with the company’s in-house counsel, but no agreement was reached.

Then, in 2017, the complaint alleges that Abe discovered an increase in Apple’s infringing activities relating to the release of iOS 11, prompting him to send Apple another patent infringement notification letter last December. Apple and Abe communicated again, through counsel, but nothing transpired from the talks.

Abe is seeking damages adequate to compensate him for Apple’s alleged infringement of his patent, in an amount to be proven at trial, but no less than a reasonable royalty. The court still has to agree to hear the case.

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Supreme Court will hear Apple's bid to stop price fixing suit

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Six Fitbit employees charged in Jawbone trade secrets case

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Samsung Demands Another Retrial, Says 'No Reasonable Jury' Could Have Sided With Apple

Last month, a jury ruled that Samsung must pay Apple $539 million for violating Apple design patents as part of a legal battle that has spanned years, but the jury’s ruling apparently won’t be the end of the dispute between the two companies.

Samsung last week filed an appeal (via CNET) asking the U.S. District Court in San Jose to either reduce the judgment against it to $28 million or hold a new trial. Samsung filed the motion on the grounds that “no reasonable jury could have found that any of Apple’s asserted design patents was applied to Samsung’s entire accused smartphones.”


The jury’s ruling, says Samsung, is “excessive” and the evidence “supports a verdict of no more than $28.085 million,” which was the amount Samsung advocated for during the trial.

The latest Samsung v. Apple trial was held to redetermine the amount of damages Apple had to pay after Samsung appealed to the Supreme Court and said that the original damages award, set at $399 million after several appeals, was a disproportionate sum for the design violation.

During the trial, the jury was tasked with deciding whether the damages should be based on the total value of the iPhone or if Samsung’s penalty should be based on just the elements of the iPhone that it copied.


Apple argued for $1 billion in damages based on the total design of the iPhone, while Samsung argued that it should pay a far lesser amount, the aforementioned $28 million. The jury split the difference and awarded Apple $539 million, which happened to be a far larger penalty than the original $399 million damages ruling from 2015.

When the jury’s ruling was announced in May, Samsung promised to appeal in a statement: “Today’s decision flies in the face of a unanimous Supreme Court ruling in favor of Samsung on the scope of design patent damages. We will consider all options to obtain an outcome that does not hinder creativity.”

Samsung also filed a separate motion at the same time asking the court to order Apple to reimburse it for a $145 million payment that Samsung submitted for a now-invalidated multi-touch patent.

Apple has 10 days to respond to Samsung’s new filing, with a hearing scheduled for July 26.

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Class Action Lawsuit: Apple Watches Have Defective Displays That Can Spontaneously Detach

A new class action lawsuit filed against Apple this week alleges that all Apple Watch models suffer from a defect that causes the display to “crack, shatter, or detach from the body of the watch, through no fault of the wearer.”


The proposed class is all current and former owners of all models, sizes, and variants of the Apple Watch, including the original, Series 1, Series 2, and Series 3 generations, purchased in the United States between April 2015 and present, according to court documents obtained by MacRumors.

The complaint, filed in Northern California district court, alleges that Apple has sold millions of watches with the defect throughout the United States, and “either knew, or should have known,” about the display issues. Apple is said to have “actively concealed” and “failed to disclose” the defect to customers.

The complaint adds that Apple’s internal policy is to “deny the existence of the defect, claim the defect is the result of accidental damage caused by consumers, and then refuse to honor its limited warranty on those grounds,” resulting in customers facing expensive fees to repair or replace their defective watches.

Apple Watch out-of-warranty service fees range from $229 to $329 in the United States, excluding high-end Edition models.

The lawsuit was brought against Apple by Colorado resident Kenneth Sciacca, who purchased an Apple Watch Series 2 in December 2016. In or around March 2018, the screen on Sciacca’s watch is said to have “unexpectedly detached from the watch’s body shortly after he removed the watch from its charger.”

The complaint cites a handful of comments from the Apple Support Communities, and similar complaints can be found scattered across the MacRumors forums, Reddit, Twitter, and other discussion platforms.

Apple has acknowledged issues with swollen batteries in select original and Series 2 models, which can cause the display to pop off, and offered free repairs up to three years after purchase, according to internal guidelines previously obtained by MacRumors. However, the complaint alleges that Apple refuses to extend the free repairs to watches with detached displays but no swollen battery.

Apple is accused of unlawful business acts and practices, in violation of California’s Business and Professions Code, in addition to violating California’s Consumers Legal Remedies Act and the Magnuson-Moss Warranty Act, breaching express and implied warranties, and unjust enrichment.

The complaint is seeking damages to fully compensate affected Apple Watch owners for all losses sustained as a result of the alleged defect, plus further relief as seen fit by the court. A jury trial has been demanded.

Related Roundups: Apple Watch, watchOS 4
Tag: lawsuit
Buyer’s Guide: Apple Watch (Neutral)

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Google could face a massive EU Android competition fine in July

Judgement on Google’s ongoing antitrust Android case could be passed as soon as next month, according to people familiar with the issue, and it seems that things aren’t looking good for the company. The Financial Times and Politico report that while…

Car makers used software to raise spare parts prices

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'PUBG' creators sue Epic Games over 'Fortnite' battle royale mode

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Tesla denies exaggerating Model 3 production prowess

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Tesla settles class action suit over Autopilot issues

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Jury rules Samsung owes Apple $539 million in iPhone patent trial

In a patent case that has been running since 2011, today a jury ruled that Samsung owes Apple $539 million in total. In 2012 Apple was awarded $1 billion in damages, and Samsung agreed to pay as much as $548 million, but after the verdict was …

Samsung Ordered to Pay Apple $539 Million in iPhone Design Patent Retrial

The latest Samsung v. Apple trial wrapped up this afternoon after the jury decided that Samsung must pay Apple a total of $539 million for violating Apple’s design patents with five android devices sold between 2010 and 2011, reports CNET.

A total of $533,316,606 was awarded to Apple for Samsung’s violation of three design patents, while the remaining $5,325,050 million was for Samsung’s infringement on two of Apple’s utility patents.


Samsung and Apple were back in court to redetermined damages after Samsung appealed to the Supreme Court and said that the original damages award, which was set at $399 million after several appeals, was a “disproportionate” sum for the design violation.

The Supreme Court ordered the U.S. Court of Appeals to redetermine the damages amount, leading to today’s victory for Apple.

The core issue of the retrial was whether the damages should be based on the total value of the iPhone or if Samsung’s fee should be based on just the elements of the iPhone that it copied.


Apple argued that its payment should be based on the full value of the iPhone, while Samsung argued that it should pay a lesser amount. They’re seeking profits on the entire phone,” argued Samsung lawyer John Quinn. “Apple’s design patents do not cover the entire phone. They are entitled to profits only on [infringing] components, not the entire phone.”

Apple asked the jury to award $1 billion in damages, while Samsung asked jurors to limit the damages to $28 million. Unfortunately for Samsung, the jury sided with Apple, and the new award is more than Samsung would have had to pay had the retrial not happened.

In a statement, Apple had this to say: “It is a fact that Samsung blatantly copied our design. We’re grateful to the jury for their service and pleased they agree that Samsung should pay for copying our products.

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Spotify settles music-licensing lawsuit for $112.5 million

A couple of years ago, Spotify was slapped with a class-action lawsuit claiming that the service was effectively ripping off artists. Now, it looks like the music platform will be able to make all of the upset go away for the sum of $112.5 mil…

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