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Posts with tag court

US patent office supports Tzero, rejects Pulse~LINK patent

While it was Pulse~LINK winning the last (but obviously not final) round of this multi-year tiff, the tables have turned once more. Tzero Technologies has just announced that the US Patent Office "issued an office action rejecting all claims of US patent number 6,970,448 asserted in a lawsuit brought by Pulse~LINK against Tzero in June 2007." This decision, coupled with a stay issued by the district court, will evidently bring the lawsuit to a close "for the foreseeable future." We're told that the legal struggles between the two are now officially over, but we're admittedly hesitant to believe it.

Digital Security Systems files patent infringement suit against major Blu-ray players


We've witnessed a few lawsuits related to Blu-ray, but this is the first one we can recall that perfectly fits the "patent troll" mold. The Patent Prospector has it that Acacia subsidiary Digital Security Systems is suing a smorgasbord of big BD players for infringing on a patent that it has held for years. Defendants named include Samsung, Best Buy, Denon, Funai, LG, Matsushita, Panasonic, Philips, Pioneer, and Sharp, though details beyond that are sadly scant. Oh, and if you're wondering where the complaint was filed, it was in the infamous Eastern District of Texas.

[Via FormatWarCentral]

FCC chief supports sanctions against Comcast for data discrimination

You may not remember so vividly the fiasco surrounding Comcast's data meddling ways unless you were directly affected, but FCC chief Kevin J. Martin is looking out for us all by backing sanctions against the carrier in a stand for net neutrality. Essentially, Mr. Martin isn't asking that Comcast be fined; rather, he wants the provider to "change its practices and give the commission more details on what it did in the past." Essentially, he's aiming to establish a standard that will "make it difficult for an ISP to discriminate against users based on what they want to do online," which we couldn't possibly support more. Of course, there's nothing saying that sanctions will indeed be levied against Comcast, but whatever happens, we'd love to see a precedent set that forbids providers from tampering with those 1s and 0s.

[Thanks, Matt]

Courts favor AT&T / Verizon, back new video franchising rules

While Verizon and AT&T try to work their FiOS and U-verse services into new areas, the US Court of Appeals for the Sixth circuit in Cincinnati handed them a victory today by ruling that the FCC's new rules setting time limits for local authorities to act on new franchise applications are within its authority. The new ruling at the heart of the debate gives local jurisdictions 90 days to act on apps by providers that already have access to city land to run connections, and 180 days for new entrants to citeis or towns, and bar them from mandating new requirements the FCC finds unreasonable, like building a community swimming pool. While we're big fans of municipal pools, we're also into competition and consumer choice, so if you've been waiting to get TV via telco breathe easy knowing the path just got a little smoother.

Read - Reuters
Read - Verizon's response

Federal court ratifies Pulse~LINK UWB patents in Tzero case


At long last, it seems the legal spat between Pulse~LINK and Tzero has come to an end. Federal courts have ratified the former company's patents in a UWB-over-coax patent infringement case against Tzero, affirming that Tzero will now have to pay licensing fees to use Pulse~LINK's technology. In the settlement, it was noted that Tzero had "suspended development of products that were the subject of the legal action," and if it chose to re-introduce any of those wares, it would first cut a check to Pulse~LINK. Time to hug it out? Nah, we thought not.

Los Angeles to sue Time Warner Cable over shoddy service


Far from being the first time Time Warner Cable has upset its subscriber base, the Los Angeles city attorney's office is pulling a Dee Snider and refusing to take the carrier's lackluster service anymore. In a 25-page lawsuit, the city is alleging that the operator "caused major havoc and distress" two years ago when it "failed to live up to its part of the franchise cable agreement requiring that a company answer subscribers' calls within 30 seconds and begin repairs of service interruptions within 24 hours of notification in 90% of its calls for service." The suit claims that no more than 60% of customer calls were answered in time, and cable / internet service was said to be "so intermittent and inferior in quality that it was not much better than no service at all." Not surprisingly, TWC representatives chose not to comment on the whole ordeal, but the outfit could face civil penalties of tens of millions of crisp US dollars in the case. Should've picked up the phone, TWC -- it would've been easier than picking up this tab. [Disclosure: Engadget is part of the Time Warner family]

[Image courtesy of Web 2 Concepts, thanks Scott]

Voom HD claims over $1 billion in damages from DISH Network drop

If you had a sneaking suspicion that somewhat just wasn't right when all 15 of the VOOM HD networks suddenly vanished from DISH Network's lineup, um, you were right. Apparently EchoStar (now DISH Network) and VOOM Networks had inked a 15-year deal in 2005 that would give the latter "a license fee of $3.25 a month per HD subscriber receiving VOOM." Now, VOOM has "filed an amended complaint against EchoStar, claiming it will suffer more than $1 billion in damages." More specifically, it notes that "EchoStar had no right to terminate the affiliation agreement on the basis of a trumped-up and pretextual claim of breach simply because it no longer liked the deal it struck." As expected, EchoStar is remaining mum on the subject, but its ex-partner is seeking "substantial damages in an amount to be determined at trial." This one could get real ugly, and fast.

Tennessee governor signs cable franchising bill into law


Remember that legislation we mentioned early last month which, if passed, could pave the way for AT&T's U-verse to infiltrate The Volunteer State? Governor Phil Bredesen just signed said bill into law, creating statewide TV cable franchising in Tennessee. Beyond that, details are few and far between, but don't be shocked to see yet another programming provider pop up in the not-too-distant future.

[Thanks, roflercopterer]

AT&T's U-verse spreads to more of Indiana


Although Smithville is aiming to offer fiber-based services to much of the Hoosier State within the next couple of years, AT&T isn't waiting around to boost its market share in Indiana. As of this week, legions of residents can now get connected to U-verse -- over 300,000 living units in total. Folks residing in parts of Anderson, Bloomington, Indianapolis, Kokomo, Muncie, Gary, Griffith, Merrillville, Highland, Crown Point, Hammond, Schererville and Dyer now have one more option for fetching content (Big Ten Network and all), and AT&T has already made known its intentions to reach out to more Indiana communities in the future. Ah, the sweet smell of competition.

New legislation could pave the way for U-verse in Tennessee


Although the matter has generally been swept under the rug nationally, folks in the great state of Tennessee yearning for more choices when it comes to receiving cable may be one step closer to getting just that. Just this week a compromise cable bill -- which would enable companies such as AT&T to "avoid having to seek hundreds of municipal permits to offer TV service" -- unanimously passed the House Commerce Committee. Still, select committee members questioned the aforementioned carrier's ability to deliver public, education and government (PEG) programming, and in order to avoid having firms roll out their networks to wealthy areas first, a provision was included that would force them to offer service to a certain amount of "low-income" neighborhoods or else face fines. Granted, there's no word on AT&T's immediate plans in The Volunteer State, but don't be shocked to see braids of orange fiber laid down in the future.

[Thanks, Brent]

Samsung sued for defective Blu-ray players


We'll be straight with you -- we aren't surprised one iota by this one. For those keeping tabs, Samsung's slate of Blu-ray players have been plagued with issues essentially from day one, and while it has released a flurry of firmware updates over the years in an attempt to mend a variety of incompatibility issues, even its recent BD-UP5000 hybrid player is being axed early on after giving owners all sorts of fits. Apparently, one particular buyer isn't taking things lying down, and has decided to file suit against the mega-corp alleging that it has sold "defective Blu-ray players" to consumers. According to the suit, Sammy was "fully aware of the defective nature of the player [BD-P1200, in particular] at the time of manufacture and sale," and it also claims that the firm has "failed to provide a remedy consistent with the products' intended and represented uses." More specifically, the verbiage picks on the units' inability to play back select BD titles, and while some fixes have indeed been doled out, we still get the feeling many consumers have been left dissatisfied. Needless to say, this outcome should be interesting.

[Thank, Nfinity and Prey521]

Samsung and Matsushita close to settling PDP patent dispute

It takes some serious swallowing of pride -- or a rather large check -- for a company to put aside its legal beef with another and agree to move forward, but that's about to happen in the nearly two year-old dispute between Samsung and Matsushita. Reportedly, the two have "entered into a memorandum of understanding in which they have agreed in principle on terms and conditions of a formal settlement and cross-license agreement," which would finally conclude the bickering surrounding patents for plasma screens. Essentially, the two have accused each other of infringing on PDP-related patents for years, but it seems that all this holiday cheer has gotten the best of 'em. Notably, no terms of the (potential) agreement were loosed, but we're expecting some serious coin to change hands, regardless.

NuVision sues Panasonic for trademark infringement

Although the casual HDTV fan may not be entirely familiar with NuVision's "High Definition Living" trademark, a recently filed lawsuit is likely to bring you up to speed. The Arizona-based display maker purports that its slogan has been in use since the company's inception in 2005, and now that it has finally received registration of the mark this month, it's targeting Panasonic for infringement. If you'll recall, Panny launched its "Living in High Definition" program earlier this year, which NuVision has taken serious issue with. According to its CEO, Panasonic has "knowingly and willfully infringed upon its mark," and another company exec even stated that the alleged culprit "believes that it is so large that the law does not apply to it and that it can copy [NuVision's] trademark with impunity." And considering that the aforementioned program is slated to run until March of next year, we highly doubt Panasonic is anxious to just ditch the slogan and move on.

DirecTV anti-piracy case thrown out, smart card programmers breath easier

It's no secret that DirecTV has been on the hunt for content thieves for what seems like ages, but it faced a serious setback recently when "the 9th Circuit Court of Appeals tossed out a default judgment against a pair of alleged DirecTV television pirates, saying an unauthorized decryption device law the company invoked against them does not apply." Apparently, the duo of defendants were brought to trial after they allegedly purchased a smart card programmer and used it for less than legal purposes (like "repairing pirate access cards disabled by DirecTV countermeasures"). But reportedly, the satellite provider has been going after folks who purchase these things, assuming that their intentions must be ill. Still, the pair in question may face lesser chargers if they did indeed break other laws, but at least individuals who like to tinker with smart card programmers can (hopefully) go about their day without worrying over the carrier breathing down their neck. [Warning: PDF read link]

[Image courtesy of CBP]

US appellate court upholds order blocking DirecTV ads


The seesaw match between DirecTV and Time Warner (parent company of AOL, which owns Engadget) over those blasted "superior HD" spots has reached another milestone, as a US appeals court has "upheld a lower court's decision that prohibits the satellite television operator from airing advertisements that claim superior service in markets where Time Warner Cable operates." Notably, the Court of Appeals for the Second Circuit did, however, "set aside part of the lower court's order, saying the way it had been worded could be construed to prohibit the unfavorable comparison of even Time Warner Cable's analog programming." Ah well, it's not like those ads were exceedingly enthralling to begin with, right?




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