An iTunes customer who was billed twice for the same song has filed a class action lawsuit against Apple after the Cupertino company refused to refund his money. Robert Herskowitz $2.58 for Adam Lambert’s pain-inducing pop song “Whataya Want From Me,” but he should have paid just $1.29.
He’s now taking Apple to court in an effort to make refunds easier for iTunes customers.
Several musicians who are involved in a class action lawsuit with Universal Music Group are demanding to see sensitive documents from a previous case that involved Apple. The documents include trial exhibits, expert reports, and a deposition from Steve Jobs that reportedly caused one judge to order almost everyone out of the courtroom.
Apple sees the material as “highly confidential” and strongly objects to handing it over. But why is the company trying so hard to keep this mysterious document under wraps?
Apple and Samsung have been duking it out in court for quite sometime now, with Apple claiming that the Korean electronics giant has been “slavishly” copying its iOS products to use in Galaxy line of smartphones and tablets. In its case against Samsung’s Galaxy Tab, Apple has leaned heavily on two specific patents for its defense, both having to do with the exterior of the iPad.
As if to point out the absurdity of Apple patenting the exterior of a tablet, Judge Koh, presiding over the case, notably held up both the Galaxy Tab and iPad side-by-side and asked those in the court to tell which was which from a distance. It took lawyers on both sides of the aisles a few seconds to answer the question correctly.
The judge’s point seems simple. Sure, the Galaxy Tab may look like the iPad, but Apple can’t patent that appearance… and to prove her point, she made note that in 1994, a television network portrayed the look of a tablet much before the iPad or Galaxy Tab came on the scene. If true, this could seriously destroy Apple’s case.
Following yesterday’s report that revealed Australian regulators are preparing to sue Apple over its “misleading” advertising for the new iPad down under, the Cupertino company has begun offering refunds to those customers who feel they’ve been misled.
Apple is being sued by an 83-year-old lady who broke her nose on a glass door while visiting its retail store in Manhasset, New York. Evelyn Paswall wants $75,000 in medical expenses, in addition to punitive damages for negligence totaling $1 million.
Apple and Samsung have battled in court over the design of a number of Samsung’s Galaxy products, which Apple believes were “slavishly” copied from the iPhone and iPad. However, the Korean company’s chief of mobile design maintains that the Galaxy is “original from the beginning,” and believes that one day, he will match Jony Ive by designing a truly iconic product.
With the U.S. Department of Justice gearing up to slap Apple with an antitrust lawsuit, the Cupertino company has spoken out over claims it has teamed up with publishers to raise the price of e-books, and downplayed the threat from Amazon’s Kindle. It argues that it gave publishers the opportunity to set their own prices, and that it cannot be blamed for e-book price hikes.
Apple has settled a class action lawsuit over the ‘antennagate’ debacle that surfaced shortly after the launch of the iPhone 4 in 2010. Around 25 million customers in the U.S. will be entitled to $15 in cash or a free bumper case.
Today a German court ruled that most of Motorola’s products infringe on Apple’s slide-to-unlock image patent with the only exception being the slide-the-circle gesture used in the Motorola XOOM. This ruling allows Apple to enforce a permanent injunction against the Motorola products found in violation. Motorola can still appeal the decision therefore Apple would be taking a very big risk enforcing such an injunction at this time. Should the ruling be overturned, Apple would have to reimburse Motorola for any lost sales due to the injunction. Regardless of Apple’s decision, one thing is for sure: Motorola will now have to make changes to their UI.
Proview Technology, which is currently suing Apple for its use of the “iPad” trademark in China, revealed yesterday that it is seeking a ban on all iPad shipments into and out of China. If successful, the move could delay Apple’s iPad 3 launch with the device unable to leave the Chinese factories in which it is assembled.
However, according to Chinese customs, Proview has no chance of blocking iPad shipments because customers just love it too much.
While Apple’s trademark dispute with Proview Technology rages on, the iPad continues to feel the strain in China. Following its ban in one Chinese city, the device has now been pulled from Amazon China and the retailer has frozen all orders.
A trademark dispute currently ongoing between Apple and Proview Technology recently saw the iPad banned in one Chinese city, but things could be about to get a whole lot worse. A lawyer for Proview, which claims to own the rights of the “iPad” name in China, is seeking a ban on iPad shipments into and out of China.
Not only would that mean that Chinese customers cannot get their hands on the device, but the rest of the world would be without the iPad, too.
As Google’s proposed acquisition of Motorola Mobility waits for approval from the courts, Apple has fired back at Motorola in the U.S. over a licensing agreement with chipset-maker Qualcomm.
Motorola recently sued Apple over wireless technology in its iOS devices with a patent that Apple is now using to cite the licensing violation with Qualcomm. The retaliation from Apple is meant to suffocate any patent violation claims that Motorola was asserting before to the courts.
There was an earlier report of Apple going after the Samsung Galaxy Nexus for violating its slide to unlock patent, which left most Android users scratching their heads. It was obvious that the new unlock feature in Ice Cream Sandwich was vastly different than the traditional slide to unlock, leaving many to chalk this up to another Apple patent trolling. Now we know this isn’t the case, thanks to a report in the Korean Herald, in which an unnamed Samsung official says:
Apple is being sued by its largest reseller in France. Profit by eBizcuss’s 16 locations dropped 30 percent during the third quarter due to Apple cutting the number of iPad 2s and MacBook Airs shipped, claims CEO Francois Prudent. The tipping point appeared when the tech giant opened its first French retail location in 2009, the lawsuit alleges.
The International Trade Commission (ITC) recently placed an import ban on several HTC devices in the United States for violating an Apple design patent. The ban wasn’t set to take place until April of 2012, but Apple’s win would effectively end HTC’s short-term business in the US if HTC failed to develop a workaround.
Noting that it was already working on “alternate solutions” to sidestep the patent infringement issue when the ITC’s ban was announced, HTC has today confirmed that it has already developed a fix that will keep its Android-powered devices safe from Apple’s lawyers for the foreseeable future.
Founded in 2010, Digitude Innovations is a company based in Virginia that has decided against selling products or services, but chooses instead to sue other companies for patent infringement. Yes, it’s a patent troll. And according to one report, it’s doing all of Apple’s dirty work.
Although it is widely believed that Apple refuses to license its patents to competing companies, it turns out that’s a huge misconception. In fact, the company licenses a patent covering iOS touch-based scrolling to the likes of IBM and Nokia, and it offered the same deal to rival Samsung, who wasn’t at all interested. If it had taken Apple up on the offer, however, it could have spared the Korean company a whole load of trouble in court.
The U.S. International Trade Commission has dismissed a complaint from S3 Graphics against Apple, ruling the Cupertino company has shown no violation of the patents held by S3, and terminating the investigation.
Remember when Samsung requested that Apple hand over its carrier agreements in the Australian court? Bloomberg is now reporting that the judge has sided with Samsung in the case and is demanding that Apple hand over the juicy details on its iPhone contracts.
Apple is opposing the disclosure, calling Samsung’s request “a fishing expedition.”
As the legal battles between Apple and Samsung continue, the Korean electronics giant is seeking depositions from a number of Apple designers behind the company’s revolutionary iPhone, including its Senior Vice President of Industrial Design, Jony Ive.
Despite a number of recent courtroom victories which have seen Samsung’s Galaxy Tab 10.1 banned in both Australia and Europe, one small Spanish firm has proven Apple doesn’t always get its own way in front of a judge.
The Cupertino computer giant just lost a case against NT-K, which makes Android tablets in Spain, after it pulled the company into court and claimed that NT-K’s device rips off the iPad.
Samsung is currently drafting up a crafty plan to get Apple’s new iPhone 4S banned from Australia, and to help its case it is requesting “the source code for the iPhone 4S firmware” and details of the company’s subsidy agreements with carriers Down Under.
The details are a little blurry, but it could be an interesting case so here goes: a photographer is suing Apple claiming that two apps in its iTunes store have ripped off 80 of her pics.
Shanti Deva Korpi filed a suit on Oct. 18 in Texas for copyright infringement. That much we know. In the complaint, Korpi is described as an “avid photographer and artist” who regularly posts to Flickr groups.
While sometimes it may seem that Samsung tries its hardest to taunt Apple’s legal department, the company’s mobile president has revealed that its latest Galaxy Nexus smartphone was built to avoid Apple patents, saving the Korean company yet another legal battle.
