Lawsuit

Biometric specialist Valencell – whose technology is licensed by iRiver, LG, Sony and others – has filed a lawsuit accusing Apple of using underhand tactics to gain access to its patented technology for use in the Apple Watch.

The company claims that Apple violated three of its patents for improving the accuracy and reliability of heart-rate data when using the photoplethysmography (PPG) approach used in the Apple Watch. But the lawsuit alleges more than just patent infringement, reports AI: it also claims that Apple used deceptive techniques to get access to the technology …

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In a new class action lawsuit, Apple is being accused of deceptive trade practices and false advertising due to its claims of iOS 9 being compatible with older iOS devices, primarily the iPhone 4s. The lawsuit claims that iOS “significantly interferes” with the performance of the iPhone 4s and that Apple is in the wrong for not allow users to downgrade to older versions of the operating system.

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Back in August, U.S. District Judge Lucy H. Koh threw out a class action lawsuit against Apple from former iPhone users complaining that text messages were no longer delivered when they ported their number to an Android phone. The lawsuit alleged that Apple was guilty of “interference” with their messages.

That wasn’t quite the end of it, however. Three of the plaintiffs persisted in individual claims against Apple, alleging that the company was in breach of the Federal Wire Tap Act by ‘intercepting’ their messages. The court has now dismissed these claims – with, it turns out, very good reason …

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Apple is already facing one class action lawsuit alleging that customers were unknowingly using up substantial amounts of mobile data, and it now faces a second.

The issue at stake in this new suit is that the iPhone 5/5s could silently switch from Wi-Fi to LTE under some circumstances, resulting in mobile data usage even when the phone was on Wi-Fi. This was fixed for Verizon users back in September 2012, but law firm Hagens Berman Sobol Shapiro LLP claims that Apple didn’t fix it for AT&T users until more than two years later.

According to the complaint, filed in the U.S. District Court for the Northern District of California in San Jose, Apple knew about the defect “almost immediately,” yet failed to fix it for AT&T wireless subscribers for years, and did not even disclose the defect. The defect affected all versions of iOS 6 and 7 and was only resolved with the release of iOS 8.1 in October 2014.

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Nearly a year ago, a federal judge dismissed a class action lawsuit Apple employees filed against the company for wages they lost while standing in bag-check lines for 10 to 15 minutes before and after their shifts. The case, however, lived on in California. Until today, that is. According to a report out of Bloomberg, a San Francisco judge has today sided with Apple in the case, saying employees could have easily avoided the checks.

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A patent troll is currently suing Apple, Samsung and half the automotive industry – as well as other companies – over the use of a vague, decade old patent that covers operating certain functions of a vehicle, like starting the engine and locking/unlocking doors, through a “watch” – now known as a “smartwatch”.

Intellectual Capital Consulting (LCC), the plaintiff in the lawsuit (which we embed below), claims that the defendants are using patented technology in smartwatch products and software that they are selling or contributing to sell.
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A class action lawsuit against Apple, Google and other tech companies for agreeing not to poach each other’s employees has finally been settled. Steve Jobs, Google’s Eric Schmidt and others had agreed in emails not to offer higher salaries to each other’s employees in order to reduce the risk of losing valuable employees. When the emails came to light, the 64,000 employees affected successfully argued that this had limited their earning potential.

After Apple’s originally settlement offers were rejected by Judge Lucy Koh as inadequate, the company increased its offer to $415M, which the judge agreed was fair. Reuters reports that Koh has now granted final approval of this sum.

Koh did, however, reject the $81M cut the lawyers in the case had demanded … 
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Earlier this month, the United States Patent Office made a non-final ruling that one of Apple’s design patents for the original iPhone is invalid within Apple’s long-running lawsuit against Samsung, according to a report from FOSS Patents. This particular patent, as seen in the drawings above, references the overall design of the original iPhone launched in 2007. It is known as the “D’677” patent in court proceedings and legal documents. FOSS explains the reasoning behind the invalidation:

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U.S. District Judge Lucy H. Koh today decided to stop a group lawsuit against Apple over undelivered text messages caused by an iMessage bug, Bloomberg reports. The issue drew a lot of attention last year when the bug with Apple’s messaging system caused former iPhone users that switched to Android to discover text messages were not being properly delivered to their phone number. In dismissing the lawsuit, Judge Koh explained that while Apple’s iMessage system may have resulted in lost text messages, their was inadequate evidence that the group faced a “contractual breach or interference” from iMessage…
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A disgruntled Apple customer is attempting to bring a new class-action suit against the company, claiming that replacement devices received under the AppleCare+ protection plan were not “like new,” despite being presented as such as part of the policy. Buyers involved claim that by providing refurbished devices as replacements, Apple breached the AppleCare contract…
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A European trademark holder has filed a lawsuit against Apple over the name ‘iWatch‘, despite the fact that the company’s own product was ultimately named Apple Watch. The issue it seems is paid promotion on Google search ads when the term “iWatch” is searched. Since Apple’s smartwatch was long rumored to be called the iWatch, and many regulars (including Tim Cook) still refer to it as such, Cupertino figured people would search for ‘iWatch’ when looking for its new device and took out some Google ads for the keyword to take advantage. Search for ‘iWatch’ yourself and you’ll almost certainly see a link to Apple Watch as the top result…
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Freedom?

The US antitrust regulators are reportedly looking into Apple’s subscription service rules for the App Store are anticompetitive and illegal under US law, according to Reuters. The main issue of contention is that the standard streaming music price of $9.99 per month is not attainable for Apple Music competitors as App Store rules enforce a 30% cut of all revenues made from within apps.

This means that streaming companies either have to take on significant profit cuts to stay at the $9.99 mark or charge more in the App Store to account for the 30% margin. The argument is that consumers will not want to pay $12.99 (approximately $9.99 with a 30% increase) per month for a streaming music service when they can readily buy Apple Music for $9.99.

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A possible class action suit is in preparation over multiple reports of what appears to be anti-reflective coatings flaking off the screens of Retina MacBook Pros, resulting in a stained appearance. Most of the machines affected seem to be 2013 models.

A group calling itself Staingate says that it has a database of more than 2500 people affected by the issue. More than 1800 of them have joined a Facebook group, a petition has been created, and lawyers Whitfield Bryson & Mason are collecting details of owners for “potential legal action against Apple related to staingate” … 
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A Texas jury has ordered Apple to pay out just under $533 million in a patent infringement case brought by Smartflash LLC regarding technology that the company said iTunes used without permission. Apple had attempted to argue that the patents were invalid. The court ruled in Smartflash’s favor, but chose not to award the entire $852 million the software maker was seeking.

The patents in question were related to “data storage and managing access through payment systems,” according to Bloomberg. Several game developers who took advantage of the tech settled out of court last year, leaving Apple to stand against Smartflash alone.

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Apple has poached five key engineers from A123 Systems to work in a new battery division at the Cupertino technology company, with some hires possibly going as far back as June, a new report claims. The battery maker claims that these hires violated agreements it had in place to prevent them from joining competing companies.

The employees the report refers to are Don Dafoe, Michael Erickson, Indrajeet Thorat, Mujeeb Ijaz, and Depeng Wang. Three of these workers—Erickson, Thorat, and Wang—were PhD project heads working on new battery technology. Ijaz headed up the System Venture Technologies Division, which oversaw work by all four of the others.

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Following a US District Judge in San Francisco ordering Typo to pay BlackBerry $860,000, the Ryan Seacrest-backed company now faces another suit from the Canadian smartphone maker for continuing to sell its iPhone case with an integrated hardware keyboard.
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In response to Apple taking Ericsson to court over wireless patent licensing, the Swedish telecommunications company has filed a lawsuit in Texas that seeks the court to determine whether its licensing offer to Apple is fair. Ericsson told the court that it has been attempting to reach a new licensing agreement with Apple for over two years, but negotiations have failed to result in a deal. The patents in question are related to wireless LTE technologies that Apple uses in products like the iPhone and iPad.
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