Bridging the Apple Community and Keeping Tabs on the Rumor Mill.

Category Archive for ‘lawsuit’ rss

Monster's lawsuit against Beats gets thrown out

Many would tell you that Monster’s lawsuit against Beats and HTC faced long odds from the get-go… and sure enough, it’s falling flat. A Los Angeles court has summarily dismissed the case, which accused Beats of making sketchy deals in order to bot…

Court tosses federal lawsuit over AT&T's data throttling

The FCC may be having some success hauling AT&T out on the carpet for throttling unlimited data plans without clear warnings to customers, but the FTC isn’t so lucky. A Ninth Circuit appeals court has tossed out the FTC’s lawsuit against AT&…

Apple Faces Class Action Lawsuit Over Unresponsive iPhone 6 Touchscreens

Thomas Davidson of Pennsylvania, Todd Cleary of California, and Jun Bai of Delaware have filed a class action lawsuit against Apple over an alleged defect that causes iPhone 6 and iPhone 6 Plus touchscreens to become unresponsive and fail, according to court documents filed electronically this week.

The class action complaint, filed with the U.S. District Court for Northern California, accuses Apple of violating California’s consumer fraud statutes, through fraud, negligent misrepresentation, breach of implied warranty, unjust enrichment, and for violations of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.

Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests. Many other iPhone owners have communicated with Apple’s employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so.

As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances.

The complaint, lodged by California law firm McCuneWright, LLP, seeks an order that requires Apple to repair, recall, and/or replace affected iPhones and to extend the warranties of those devices for a reasonable period of time. The plaintiffs also seek unspecified damages. A jury trial has been demanded.

The lawsuit cites repair website iFixit, which last week shared a blog post and video about the defect, nicknamed “touch disease.” The defect presents as a gray flickering bar at the top of the screen and a display that’s unresponsive or less responsive to touch. The problem is said to be caused by the touchscreen controller chips soldered to the iPhone’s logic board losing contact after a period of normal usage.

The complaint specifically claims that Apple’s failure to incorporate a “metal shield” or “underfill” over the logic board, as it did with the iPhone 5s and iPhone 5c respectively, makes the iPhone 6 and 6 Plus “substantially less durable to foreseeable and reasonable use by consumers and ultimately causes the touchscreen defect.”

iPhone-5s-metal-shield
iFixit said the defect has affected a growing number of iPhone 6 and iPhone 6 Plus owners, citing its own repair shop colleagues and dozens of complaints on the Apple Support Communities. Multiple customers who brought their iPhones to Apple Stores were told that Apple doesn’t recognize it as an issue and nothing could be done as their iPhones were no longer covered by warranty.

Related Roundup: iPhone 6s
Tag: lawsuit
Buyer’s Guide: iPhone (Caution)

Discuss this article in our forums

Startup uses algorithms to fund civil lawsuits

It won’t shock you to hear that many companies see lawsuits as opportunities for profit. Patent trolls base their entire businesses around it, after all. And now, they may use technology to help that happen. Legalist, a young startup, is trying to bu…

Uber takes legal action against TfL over new taxi rules

It’s safe to say that Uber isn’t particularly happy with the changes to London’s private hire regulations. The Transport for London (TfL) board approved new measures earlier this year, but only recently did the authority publish the finer details, wh…

Riot Games is suing a huge 'League of Legends' cheat service

Cheating ruins online games. Full stop. Valve has cracked down on folks running amok in Counter-Strike: Global Offensive and League of Legends developer Riot Games is doing the same. Specifically, Riot is suing the owners of “Leaguesharp” (L#) which…

Judge tosses lawsuit filed against Twitter over ISIS activity

A district judge has tossed out a lawsuit accusing Twitter of playing a role in the terrorist-related deaths of two Americans by allowing ISIS activity on the website. The class-action lawsuit names the widows of Lloyd “Cark” Fields Jr. and James Dam…

AT&T, Verizon sued for giving businesses discounts on 911 fees

Calling 911 is one of those things you just expect to work regardless of the circumstances. A new lawsuit alleges that mobile carriers including AT&T and Engadget parent company Verizon are shortchanging the indispensable emergency ser…

Apple Sued Over iPhone's Proximity Sensor in New Patent Troll Lawsuit

iPhone-proximity511 Innovations, Inc. is the latest patent troll to file a complaint against Apple with the U.S. District Court for Eastern Texas, claiming that the iPhone’s proximity sensor infringes upon five of its patents.

The asserted patents¹, filed between 1999 and 2012, relate to various methods for measuring optical characteristics of an object, such as color spectrums, translucence, gloss, and position detection.

511 Innovations is a Texas-based non-practicing entity that does not appear to sell any sensor-related products, but instead seeks to enforce its patented technologies through litigation. Eastern Texas is a common district for patent holding firms to target larger companies like Apple, which has fought similar lawsuits from VirnetX, Dot 23, VoIP-Pal, and others in recent years.

The small firm acquired the asserted patents in 2013 from JJL Technologies, which claims to have sold world market-leading spectrophotometers, according to court documents filed electronically this week. It then licensed the patents to Spectral Sensors, whose website has been “under construction” since 2013. Further complicating things, JJL Technologies had acquired the patents itself from LJ Laboratories.

511 Innovations has demanded a jury trial and is seeking damages in the form of a reasonable royalty, plus interest and fees, in addition to a permanent U.S. sales ban on iPhones and all other infringing products and services.

Legal battles of this nature can prove costly. Last month, Apple agreed to license Cover Flow- and Time Machine-related patents from Mirror World Technologies for $25 million, and it agreed to pay another $25 million in a Siri-related in April. It is, however, close to escaping a $533 million verdict won by Smartflash, LLC, and a $625 million verdict won by VirnetX was overturned last week.

¹ U.S. Patent Nos. 6,307,629, 7,110,096, 7,397,541, 8,472,012, and 8,786,844.

Tags: lawsuit, patent

Discuss this article in our forums

Apple Sued Over iPhone's Proximity Sensor in New Patent Troll Lawsuit

iPhone-proximity511 Innovations, Inc. is the latest patent troll to file a complaint against Apple with the U.S. District Court for Eastern Texas, claiming that the iPhone’s proximity sensor infringes upon five of its patents.

The asserted patents¹, filed between 1999 and 2012, relate to various methods for measuring optical characteristics of an object, such as color spectrums, translucence, gloss, and position detection.

511 Innovations is a Texas-based non-practicing entity that does not appear to sell any sensor-related products, but instead seeks to enforce its patented technologies through litigation. Eastern Texas is a common district for patent holding firms to target larger companies like Apple, which has fought similar lawsuits from VirnetX, Dot 23, VoIP-Pal, and others in recent years.

The small firm acquired the asserted patents in 2013 from JJL Technologies, which claims to have sold world market-leading spectrophotometers, according to court documents filed electronically this week. It then licensed the patents to Spectral Sensors, whose website has been “under construction” since 2013. Further complicating things, JJL Technologies had acquired the patents itself from LJ Laboratories.

511 Innovations has demanded a jury trial and is seeking damages in the form of a reasonable royalty, plus interest and fees, in addition to a permanent U.S. sales ban on iPhones and all other infringing products and services.

Legal battles of this nature can prove costly. Last month, Apple agreed to license Cover Flow- and Time Machine-related patents from Mirror World Technologies for $25 million, and it agreed to pay another $25 million in a Siri-related in April. It is, however, close to escaping a $533 million verdict won by Smartflash, LLC, and a $625 million verdict won by VirnetX was overturned last week.

¹ U.S. Patent Nos. 6,307,629, 7,110,096, 7,397,541, 8,472,012, and 8,786,844.

Tags: lawsuit, patent

Discuss this article in our forums

Dieter Rams and Over 100 Top Designers File Amicus in Support of Apple in Longstanding Samsung Lawsuit

Samsung_LogoCalvin Klein, Dieter Rams, Norman Foster, and over 100 of the world’s leading design professionals have filed a lengthy amicus brief [PDF] in support of Apple in an over five year old patent lawsuit against rival Samsung.

Apple was awarded nearly $1 billion in damages in 2012 after Samsung was found to have copied the “look and feel” of the iPhone, but a significant part of the decision was reversed in 2015, leaving Samsung owing $548 million — a sum that Samsung has paid but continues to appeal. The patent lawsuit began back in 2011 and has since made its way to the U.S. Supreme Court, where Apple is fighting for it to remain.

The design professionals, which have collectively provided services to Apple, American Airlines, Coca-Cola, Ford, General Electric, GM, Google, IBM, Knoll, Lenovo, LG, Louis Vuitton, NASA, Nike, Polaroid, Porsche, Starbucks, Target, Xerox, and even Samsung itself, among others, believe that Apple was entitled to the full amount of damages, citing the importance of industrial design.

Discuss this article in our forums

Washington state sues Comcast over its 'deceptive' service plan

Comcast doesn’t have a stellar reputation for delivering what you pay for, and Washington state is taking the cable giant to task for that shoddy service… if not quite in the way you expect. It just filed a lawsuit against Comcast demanding more t…

Qualcomm settles gender discrimination suit for $19.5 million

Qualcomm will pay $19.5 million to settle a lawsuit filed by female employees who claim they were paid less and denied promotion opportunities that were given to men. The deal stipulates that the company must implement policies ensuring that w…

Qualcomm settles gender discrimination suit for $19.5 million

Qualcomm will pay $19.5 million to settle a lawsuit filed by female employees who claim they were paid less and denied promotion opportunities that were given to men. The deal stipulates that the company must implement policies ensuring that w…

EFF sues US government to void 'onerous' copyright rules

The Electronic Frontier Foundation (EFF) has sued the US government in an attempt to overturn a part of the DMCA that it says violates the First Amendment. The provisions, contained in Section 1201, restrict user access to purchased content in…

Samsung fires back at Huawei with its own patent lawsuit

Huawei filed a lawsuit against Samsung back in May, accusing the Korean corporation of infringing on some of its 4G-related patents. Now, it’s Samsung that’s on the offensive: according to Reuters, it has filed a lawsuit of its own against Huawei for…

Twitch says 'CS:GO' gambling broadcasts are prohibited

The niche world of Counter-Strike: Global Offensive skin gambling is starting to crumble. Last week, two YouTube personalities were outed as the owners of CS:GO Lotto, a third-party gambling website that used CS:GO weapon skins as currency for…

Valve distances itself from 'Counter-Strike' gambling sites

Last week the internet was buzzing with news that a few popular YouTube gaming personalities were involved in ethically shady business ventures. No, different ones from this week. What happened was Tom “Syndicate” Cassell and Trevor “TmarTn” Martin o…

Apple Faces Patent Lawsuit Over iPhone's Battery Technologies

Somaltus, LLC has filed a complaint against Apple today in an Eastern Texas district court, accusing the iPhone maker of infringing upon its 2010 patent related to complex battery technologies. The small Frisco, Texas-based firm also filed lawsuits against Asus, Lenovo, Samsung, Sony, and Toshiba over the same patent.

iPhone-6s-li-on
The lawsuit claims that the iPhone 6s and any similar devices sold by Apple infringe upon U.S. Patent No. 7,657,386, titled “Integrated Battery Service System,” and seeks unspecified monetary damages or, alternatively, a running royalty on sales of infringing devices from the time of judgment going forward.

Defendant sells, offers to sell, and/or uses telephones including, without limitation, the iPhone 6s (the “Product”), for example, and any similar devices, which infringe at least Claim 1 of the ‘386 Patent.

On information and belief, the Product includes a battery service system including a processor (e.g., the A9 chip), which is configured to receive signals from connectors coupled to a battery (e.g., the Product’s rechargeable lithium-ion battery).

Specifically, it appears that the infringement claim at least partially relates to the iPhone’s process of charging in fast-charge mode until the battery reaches 80% capacity, and then adjusting to trickle-charge mode above 80% capacity.

On information and belief, the processor executes the control codes to continually adjust a charge level to the battery. The Product has a charging system according to which the system operates in fast-charge mode until the battery reaches 80% capacity and then adjusts to trickle-charge mode when the capacity exceeds 80%. When the capacity drops below 80%, the system gain adjusts to fast-charge operation. The purpose of the system is to reduce the charging level applied to the battery at high capacity in order to extend the battery lifespan. Thus, the system adjusts the charging level applied to the battery and does so continuously as the battery charge capacity repeatedly exceeds and drops below 80%.

Somaltus, LLC generally fits the description of a “patent troll,” as it does not appear to provide any obvious products or services and lacks an easily identifiable online presence. Nevertheless, it has successfully reached out-of-court settlements with automakers like Ford and Nissan in the past in relation to the same particular patent.

The legal complaint’s case number is 2:16-cv-00758 in the U.S. District Court for the Eastern District of Texas.

Related Roundup: iPhone 6s
Tags: lawsuit, patent
Buyer’s Guide: iPhone (Caution)

Discuss this article in our forums

Hyperloop One's BamBrogan allegedly left due to harassment

When Hyperloop One co-founder Brogan BamBrogan quit the company last week, it prompted plenty of questions. After all, the prodigious former SpaceX engineer walked away from a startup that he’d built just when things were getting exiting. Now, Buzzfe…

Back to Top