Trending February 2024 # Apple Faces Multiple Iphone Patent Infringement Lawsuits As Ericsson Licenses Expire # Suggested March 2024 # Top 11 Popular

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Ericsson has filed multiple iPhone patent infringement claims against Apple in two separate US lawsuits. In all, the company claims that Apple has infringed 12 patents, including ones relating to 5G.

It’s believed that Ericsson is seeking an import ban on iPhones over the claimed infringements in both the US and Germany, and likely other countries too …

Foss Patents says that the claims were inevitable after Apple allowed patent licenses to expire.

Ericsson’s patent cross-license agreement with Apple has expired, and no renewal has been agreed upon, which is why infringement litigation became inevitable.

IAM was first to spot two filings by Ericsson against Apple in the Western District of Texas over four patents in one case and eight in the other. Apple will predictably retaliate, but Apple’s exposure to patent assertions dwarfs Ericsson’s.

When there was no announcement of a renewed license agreement or renewed litigation after the turn of the year, I thought the middle of the month was going to be when we would hear more.

The background here appears to be that Apple was trying to negotiate more favorable terms and that talks have broken down. In one case, Apple refused to pay the $5/device licensing fee proposed by Ericsson.

Indeed, things got so heated that Apple filed a lawsuit last month accusing Ericsson of failing to comply with the “fair” requirement for standards-essential patents to be licensed on FRAND terms: Fair, Reasonable, And Non-Discriminatory.

The situation is complicated by the fact that Apple also owns patents used by Ericsson, so there could be claims and counter-claims. However, Mueller says that Apple is in the more vulnerable position.

Apple will predictably retaliate, but Apple’s exposure to patent assertions dwarfs Ericsson’s [and] recent developments in the case law in various major jurisdictions favor Ericsson’s cause […]

Ericsson is now bringing its infringement actions in the Western District of Texas. Currently, the top echelon of the U.S. judiciary is working on new rules that would make it impossible to “judge-shop” by filing a patent case with the Waco division of the Western District of Texas, knowing for sure that Judge Albright will then preside over the case (unless a venue transfer motion succeeds, and he typically denies them). That reform will come too late for Apple in this case.

Ericsson may have been attracted to the Western District by Apple’s very strong presence there (they have created and continue to create lots of jobs in the area) and major wins for patent holders (most notably the §2.175 billion damages verdict that VLSI Technologies obtained in that district against Intel last year). Apple can try to get the FRAND case in the Eastern District consolidated with the infringement cases in the Western District–which leaves Apple between a rock and a hard place from a defendant’s perspective.

Mueller also notes that part of Apple’s justification for its cut of App Store sales is that it is entitled to payment for patented technology used in the store. The company might be challenged on the disparity in claimed values of the patents concerned.

It is striking that Apple argued in the Epic case that a relatively small number of unspecified patents entitled it to an allegedly reasonable 30% tax on in-app purchasing revenues while it is known that Apple’s aggregate standard-essential patent royalty rate is closer to 1% of its sales. That contradiction creates an “Epicsson” dilemma for Apple’s credibility.

You can read the court filings over at Foss Patents.

Photo: Robert Bye/Unsplash

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Direct Infringement: Definition And Meaning

When an unauthorized party, known as an “infringer,” uses a registered trademark on or with products or services in a way that causes confusion and deception about their provenance, this is considered trademark infringement.

A trademark is a term, symbol, sign, or phrase that sets one product or service apart from similar ones. A trademark serves as a representation of quality and public trust while reflecting the source. The use of a trademark without the owner’s consent for commercial purposes or to deceive the general public and cause confusion with the registered trademark constitutes trademark infringement. It causes the company to lose money and goodwill as a result.

What is Direct Infringement?

Direct infringement is the unauthorized use of a company’s trademark, patent, or copyright. The most typical type of violation is this one. Direct infringement calls for the manufacture or sale of a patented invention by the infringing party. For instance, the sale of “fake” products like handbags, shoes, and apparel that are purposefully marketed as genuine and closely resemble the original in terms of style, design, and structure It is not necessary for the offender to have known they were breaking the law for there to be a direct infringement when they act in violation.

Elements of Direct Infringement

Direct infringement happens when the exclusive rights to a registered trademark are exploited without permission. Under Section 29 of the Trademark Act, it is a specific kind of trademark infringement. It has the following elements:

Unauthorized Use of a Registered Trademark − A registered trademark is infringed only when used by someone who is not authorized or illegally by the trademark owner. As a result, use of the trademark by an individual whose use is permitted or lawful by the registered trademark owner does not constitute trademark infringement.

Identical or Deceptively Similar Marks − The trademark being used illegally by the individual or persons must match or be confusingly similar to the genuine owner’s registered trademark. The meaning of the word “deceptively similar” is that the general public may be confused between two similar trademarks and believe that both trademarks are comparable. The word “may” implies that it is just necessary to demonstrate the possibility of such a mistake, with no requirement to demonstrate the actual occurrence of such confusion. A simple possibility of trademark misrecognition is effective in proving trademark infringement of a registered trademark’s products or services.

Registered Trademark − The Act only protects trademarks that have been registered with India’s trademark registrar. The common law of passing off is utilized to settle disputes when an unregistered mark is violated. It is a type of tort law that is employed when another person’s or group of people’s actions cause hurt or damage to their goodwill.

Class of Goods and Services − The illegal person or individual should use the trademark to circulate goods and services that fall into the same class or category as the goods and services for which the distinctive trademark is registered. It will only be regarded as a trademark infringement of a registered trademark in this case.

Conclusion

In India, there is a growing understanding of the need to protect brand names through registration. The owners are unconcerned about unlawful use of their registered brand for their products and services. Internal infractions occur from time to time within the company, resulting in a decrease in the brand value of the product. Trademark registration is required for products and services to protect the brand against trademark infringement.

FAQs

Q1. What is a direct infringement example?

Ans. The most clear and widespread sort of infringement is direct infringement. The promotion, sale, or commercial usage of a similar patented object or innovation that performs essentially equivalent functions is considered an infringement.

Q2. What type of law is trademark infringement?

Ans. Depending on the circumstances, a trademark owner who feels his or her mark is being infringed may pursue a civil action (i.e., a lawsuit) in either state or federal court for trademark infringement. In most situations, however, trademark owners prefer to sue for infringement in federal court.

Q3. What happens if anyone infringes on a trademark?

Ans. If the owner of a registered trademark feels that his or her mark is being violated or infringed by an unauthorized person, he or she may launch a civil action for trademark infringement in either a central or state court.

Q4. What are the defences against trademark violations?

Ans. Trademark misuse, descriptive and nominative fair use, laches, fraud in obtaining trademark registration, and application of the First Amendment are the most common defences to such infringement, partial competition, and trademark dilution cases.

Q5. Why are robust trademarks easier to safeguard from trademark infringement?

Ans. Robust trademarks are one-of-a-kind and distinct, usually without representing where the firm operates or what it offers. Such marks are difficult to imitate without obvious infringement.

Are Lawsuits Missing The Real Spam Kingpins?

Four of the world’s largest ISPs may be pulling out the legal stops to go after several

hundred spammers, but industry analysts worry that the true kingpins are still hidden

behind a digital fortress.

America Online, Inc., Earthlink, Inc., Microsoft Corp., and Yahoo!, Inc. have joined forces

to collectively file six lawsuits against hundreds of defendants, including some of what

the ISPs are calling the ‘most notorious large-scale spammers’. These are the first major

industry lawsuits under the new federal Can-Spam Act that went into effect Jan. 1 of this

year.

”This is definitely a good shot across the bow for the spammers that we know about,” says

Mark Sunner, CTO, of MessageLabs, Inc., Inc., a New York-based email security company.

”It’s a good deterrent to the less-sophisticated spammers who will be put off by this. But

the technically savvy spammers, the really major spammers, will be driven further

underground and they’ll take great steps to cover their tracks.”

Sunner and other industry observers say the largest and most dangerous spammers are taking

increasingly technical and stealthy steps to shield themselves from detection.

”The higher-end spammers have stealth techniques down to a science,” adds Steve

Sundermeier, a vice president for Central Command, Inc., a security company based in

Medina, Ohio. ”It’s apparent that so many of the new worms — Netsky and MyDoom and Sobig

— are being put out there by the spammers. They set up zombie machines that send the spam

out for them and that makes it harder to trace the problem back to them… It’s going to be

harder to get to them. It’s going to be harder to scare them.”

For months now, the anti-spam and the anti-virus communities have been saying that there

has been a great convergence between viruses and spam. Virus writers used to produce

malicious code for the thrill of it — to make a name for themselves in the underground

community. Today, they’re more apt to be working for major spammers who want to compromise

hundreds of thousands of machines, opening backdoors and using them to send out unsolicited

bulk email.

spam and other security issues, says spammers also are setting up networks of workers

around the globe to create another layer between themselves and law enforcement.

”We’re talking about spam networks,” says Schiavone. ”They’ve got chains of people so

instead of 10 million spams being sent from one address, they’ve got a network of hundreds

of people each sending thousands of spams. It’s making it harder to find out who’s at the

top of that chain.

”I wonder how many people in these spam lawsuits are really working for somebody else,”

he adds. ”Now that would be interesting to find out.”

But representatives of the four ISPs filing the lawsuits say they are attacking the major

players.

”Today is a red-letter day for big-time spammers, and the letters they should remember

from this day forward are ‘CAN-SPAM,”’ said AOL Executive Vice President and General

Counsel Randall Boe, speaking at a press conference in Washington, D.C. Wednesday morning.

”Consumers should take note that the new law not only empowered us to help can the spam,

but also to can the spammers as well. And we’ll do that, one spam kingpin at a time if

necessary.”

And William Hugh Murray, an executive consultant for TruSecure Corp., a risk management

company based in Herndon, Va., says having the ISPs throw their weight behind the anti-spam

effort is just what’s needed.

”My sense is that this problem has reach such scale that it must be dealt with… the

Internet, as we know it, is broken,” says Murray. ”These ISPs are big players with muscle

and money. We need them involved in this fight… If we don’t do something, we’ll have

reached the point where the public’s trust will be broken and it won’t be repaired.”

No one is arguing that spam is out of control.

Several anti-spam companies, including MessageLabs, have recently said that spam is

increasing at such an alarming rate that even though it accounted for 24 percent of all

email a year ago, it is expected to make up 80 percent of all email being sent around the

world by the third-quarter of this year.

And it is affecting how — or how little — people are using email.

Spam actually now is driving people away from using their email. A recent report from the

Pew Internet & American Life Project, an organization focused on researching the Internet’s

impact on society, shows that people are actually using email less because they don’t want

to deal with the digital scourge.

What analysts can’t agree on is how to stop it. And some say that the ISPs lawsuit, while a

good step, just isn’t the silver bullet that many hope it will be.

”I do think legislation is a good thing and it’s encouraging to see ISPs going after

people,” says MessageLab’s Sunner. ”The fact that this is happening, clearly, is not

going to mean that spammers around the globe stop sending spam. They’ll just take greater

steps to cover their tracks.”

Sketchy Product Packaging Photos Suggest ‘Iphone 6 Se’ Branding As Iphone 7 Event Nears

Very sketchy images have surfaced showing off supposed future iPhone product packaging, raising the potential of Apple calling a new iPhone the iPhone 6 SE. Whether this is meant as a successor to the 4 inch iPhone SE or the ‘real’ name for the iPhone 7, due to be announced early next month, is unclear. An upgrade to the iPhone SE is not expected and has not been rumored, as the device only launched a few months ago.

Update: More photos from Priceraja, including a look at the pamphlet.

Aside from the downright awkwardness of the branding (with too many syllables), it’s worth noting upfront that this images look pretty fake. The positioning of the 6 and SE items is very unnatural and the images conveniently redact unique product identifiers that would otherwise help to give the photos some credence. These images are likely doctored photos of iPhone 6 and SE packaging blended together in Photoshop.

For the iPhone 7 itself, the new flagship iPhone launching in a matter of weeks, calling it a 6SE makes little sense from a product marketing perspective. It is easy to confuse with the SE (a ‘budget’ offering) and downplays the new features the 2024 will have, despite the similar exterior appearance. Due to the way ‘6 SE’ is written, such a product feels like a continuation of the iPhone 6 (a 2014 product) and not the iPhone 6s (the 2024 device).

All these reasons make the chances that the next iPhone is actually called the 6 SE very slim. I don’t think it’s out of the question for the next iPhone to be called something other than iPhone 7 (even if that is the most obvious name) but any other name would need to elevate the iPhone as the best of the 6 series. Apple uses the SE moniker for low-end devices, not flagship top-of-the-range brand new phones.

For those out of the loop, the rumor mill has reached a pretty good consensus on what the next iPhone will be. The device will look visually similar to the iPhone 6s in external appearance with tweaks to the antenna lines and small camera changes. The new iPhone will also lack a 3.5 mm headphone jack with Apple instead relying on Bluetooth and Lightning for audio output.

The 4.7 inch iPhone will get a new camera with larger iris and the 5.5 inch ‘iPhone 7’ will see a major revamp in the photography department with the inclusion of a brand-new dual camera sensor. It seems the phone will combine images taken by both cameras to create sharper, richer images with potential optical zoom features.

The device will no doubt also boast new internals, such as an Apple A10 chip for better CPU and graphics performance. The iPhone 7 will also drop the 16 GB SKU from the lineup and gain a new 256 GB configuration at the high end. The expectation is the iPhones will be available in 32 GB, 128 GB, and 256 GB offerings. The iPhone 7 release date is currently pinned for September 16 with an announcement event on September 7, although nothing is officially confirmed as Apple is yet to send out press invites. Invites to members of the press are expected any day now …

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Multiple Apple Car Managers Have Departed In 2023 And That’s Never A Great Look

Apple has reportedly lost several top managers that used to be attached to the self-driving vehicle team for its electric Apple Car as the bumpy road to Project Titan continues.

STORY HIGHLIGHTS:

The Apple Car team has apparently lost several top managers.

This could be a “sign of attrition” within the secretive division.

It could also mean another change of strategy for Project Titan.

An autonomous Apple vehicle may launch between 2023 and 2025.

Apple Car self-driving managers quit Project Titan

Blomberg‘s Mark Gurman has the report:

The iPhone maker has hundreds of engineers working on underlying self-driving car technology as well as groups of employees working on an actual vehicle, Bloomberg News has reported. Running the division is Doug Field, a former top vehicle engineer for Tesla Inc., along with a management team of fewer than a dozen executives. At least three members of that Apple car management team have departed this year.

The following Project Titan executives have reportedly left Apple:

Dave Scott: He led teams working on Apple Car robotics, but is now Hyperfine’s CEO.

Jaime Waydo: Having led autonomous car safety/regulation teams, he’s now Cavnue’s CTO.

Benjamin Lyon: He helped create the Apple Car original team, now Astra’s chief engineer.

On the flip side, the article says the Cupertino firm also hired a bunch of industry veterans and executives for Project Titan, including ex-Tesla executives in charge of drive systems and manufacturing engineering, car interiors and exteriors as well as self-driving software.

At any rate, Apple isn’t nixing Project Titan just yet—prior reports said John Giannandrea, Apple’s Senior Vice President of machine learning and artificial intelligence hired away from Google, has been overseeing the Apple Car project since December 2023.

Why are some Apple Car execs leaving?

It’s impossible to tell why these high-rated executives that Apple lured away from their respective companies a few years ago are now leaving Project Titan. It’s also difficult to tell whether these departures are business as usual or “a sign of attrition at the division involved in what could become an important future product” as Bloomberg put it.

Since the project’s beginning around 2014, Apple’s work on a car has been rebooted several times and has seen multiple management changes. The Cupertino, California-based company initially set out to build a full car to rival Tesla, but pared back its ambitions around 2024 to focus on the underlying self-driving car system. Several months ago, it set out again to build a car, placing a portion of the division’s engineers on that effort.

One possibility is that Apple has abandoned the self-driving car project entirely. Another one could mean that Apple has decided that full self-driving capability just isn’t feasible within a reasonable timeframe. Those managers might have been offered other positions concerning Project Titan, and some of them could have rejected Apple’s offer and left for greener pastures.

→ How to customize Apple Maps on the iPhone, iPad and Mac

“Tesla indicated that they are still firmly in Level 2,” the department said in the memo, obtained by Reuters. “As Tesla is aware, the public’s misunderstanding about the limits of the technology and its misuse can have tragic consequences.”

For those wondering, fully autonomous technology is referred to as Level 5.

How To Set A Gif As Live Wallpaper On Your Iphone

GIFs are everywhere – Twitter, Facebook, WhatsApp chats, Instagram, Reddit, and even inside popular keyboards like SwiftKey. They are a fun and creative way to express your message or lighten up the conversation. People love sharing GIFs and viewing them, so why not set your favorite animated image (GIF) as lock screen wallpaper on your iPhone.

Before we do that, please understand that Apple only permits Live Photos to be set as moving wallpaper on iPhone. It does not allow GIFs to be directly set as live wallpaper. But here are some simple ways which we will be using to convert a GIF into a Live Photo and then set it as live wallpaper on iPhone.

How to Set a GIF as Live Wallpaper on iPhone

Method #1. Use GIPHY to Turn GIFs in to Live Wallpaper on iPhone

First of all download the GIPHY app from the App Store.

Step #1. Open GIPHY on your iPhone.

You will see popular GIFs on the first screen. You may also search according to your liking. Tap on the one you like.

Step #2. Tap on three vertical dots in the bottom right → Tap on Convert to Live Photo from the bottom pop-up.

Step #3. According to your preference, tap on Save as Live Photo (Full Screen) or Save as Live Photo (Fit to Screen).

We are halfway there! Now we just have to set our newly saved GIF (or I would say Live Photo) as wallpaper. To do this:

Step #4. Open the Settings app → tap on Wallpaper → Choose a New Wallpaper.

Here you will see the stock Apple wallpapers under three categories, namely Dynamic, Stills and Live. Below this, you will see all personal images from your camera roll.

Step #5. Select Live Photos from the list below. And, tap on the Live Photo you had saved in step #3.

Step #6. Tap on Set. Make sure that the little circular icon is not crossed (that is, there is no diagonal line on it.)

Step #7. Tap on Set Lock Screen. (Live Photos do not work on Home Screen, so there is no point in tapping on ‘Set Home Screen’ or ‘Set Both’. But still, if you do, the Live Photo will act like normal wallpaper.)

Now lock your phone. On the lock screen, press and hold your finger for a second or two, and you will see the GIF spring into action. Looks nice. Right!

So this is how you can set a GIF as wallpaper on your iPhone. Now in the steps above, we used a GIF that was publicly available on GIPHY.

Suppose you have a GIF that you downloaded from some other source like Google, 9GAG, Twitter, Reddit; Or you have GIFs that you created on your own. How will you set this GIF as lock screen wallpaper? It is simple. Read on…

Method #2. How to Make GIF A Live Wallpaper on iPhone

Step #1. Open GIPHY on your iPhone and Tap on the plus icon.

Step #2. The camera will open. Now tap on the photos icon and select your own GIF from the camera roll.

On this screen, you may add text, filters, effects, etc.

Step #3. Now tap on the right-pointing arrow → Tap on Upload to GIPHY.

Step #4. If you do not have a GIPHY account, tap on Sign Up or else tap on Log In.

Step #5. Tap on Private and then tap on Upload to GIPHY.

Now your GIF is uploaded privately on GIPHY.

Step #6. Tap on the GIF you just uploaded.

Step #7. Tap on three vertical dots in the bottom right of the GIF.

Step #8. Choose Convert to Live Photo and then choose Save as Live Photo (Fit to Screen) or Save as Live Photo (Full Screen) depending on your preference.

Step #9. Now repeat Step #3 from Method #1 above. (that is, go to Settings → Wallpaper → Choose a New Wallpaper → Live Photos → Set → Set Lock Screen.)

Another method that does not require uploading and then downloading your GIF is by using the app intoLive. Using this app, you can convert any video, bursts, GIF, or a combination of photos into Live Photo. After that, you can easily set the newly created Live Photo as wallpaper on your iPhone using the steps we have discussed twice above.

Signing off…

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Dhvanesh

The founder of iGeeksBlog, Dhvanesh, is an Apple aficionado, who cannot stand even a slight innuendo about Apple products. He dons the cap of editor-in-chief to make sure that articles match the quality standard before they are published.

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