Microsoft Issues New Policies

Microsoft Corp, under fire for accessing an employee’s private Hotmail account to prove he was illegally passing computer code to a blogger, has said it will now refer all suspicious activity on its email services to law enforcement.

The decision, announced by head lawyer Brad Smith on Friday, reverses Microsoft’s initial reaction to complaints last week, when it laid out a plan to refer such cases to an unidentified former federal judge, and proceed to open a suspect email account only if that person saw evidence to justify it.

“Effective immediately, if we receive information indicating that someone is using our services to traffic in stolen intellectual or physical property from Microsoft, we will not inspect a customer’s private content ourselves,” said Smith, in a blog post on the software company’s website. “Instead, we will refer the matter to law enforcement if further action is required.”

Microsoft – which has recently cast itself as a defender of customer privacy – was harshly criticized last week by civil liberties groups after court documents made public in the prosecution of Alex Kibkalo in Seattle federal court for leaking trade secrets showed that Microsoft had accessed the defendant’s email account before taking the matter to legal authorities.

The company said last week its actions were within its legal rights under the terms of use of its email services, but has now acknowledged that its actions raised concerns about customer privacy.

The issue is poignant for Microsoft, which routinely criticizes Google Inc for serving up ads based on the content of users’ Gmail correspondence.

It has also been campaigning for more transparency in the legal process through which U.S. intelligence agencies can get access to email accounts following the revelations of former National Security Agency contractor Edward Snowden.

“While our own search was clearly within our legal rights, it seems apparent that we should apply a similar principle and rely on formal legal processes for our own investigations involving people who we suspect are stealing from us,” said Smith in his blog. “Therefore, rather than inspect the private content of customers ourselves in these instances, we should turn to law enforcement and their legal procedures.”

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Ericcson Transfers Patents

Ericsson has agreed to transfer 1,922 patents and 263 patent applications to Unwired Planet in exchange for a share in ongoing revenue that they will generate.

The transfer includes 753 U.S. patents related to 2G, 3G and LTE technologies, Unwired Planet said Thursday. Four months ago, the company owned just 200 U.S. and foreign patents, and around 75 pending patent applications.

“Our patent portfolio now extends to all layers of the telecom handset and infrastructure stack,” said Unwired Planet’s CEO Mike Mulica during a conference call. The patents cover application stores, location-based services, mobile search and mobile advertising as well as network protocols, antennas and many more topics, Mulica said.

The portfolio will continue to grow, as Ericsson has also committed to transfer a further 100 patents each year from 2014 through 2018.

Mulica said the company wants everyone who uses the patented technologies to pay a license fee. “We will use litigation when necessary,” he said.

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Google Ordered To Pay $660K

A Paris Court earlier this week ordered Google France and its parent company Google to pay plaintiff Bottin Cartographes 500,000 euros (about $660,000) for providing its free mapping services to companies across the country. The court also required Google to pay a 15,000 euro fine for its practice.

“We proved the illegality of (Google’s) strategy to remove its competitors,” Jean-David Scemmama, attorney for Bottin Cartographes, a company that provides mapping services to the enterprise, told the AFP in an interview earlier this week. “The court recognized the unfair and abusive character of the methods used and allocated Bottin Cartographes all it claimed. This is the first time Google has been convicted for its Google Maps application.”

According to Scemmama, Bottin has been arguing its case against Google for two years, claiming the search giant was engaging in anticompetitive practices by using its free service to take control over the online-mapping industry.

In a statement to the AFP, Google said that it will appeal the court’s decision, adding that Google Maps is still facing competition in that market.

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Motorola Goes After Apple

Motorola has filed a new lawsuit in Florida charging Apple with six patent infringements in the iPhone 4S and four of those patents in iCloud.

The suit names the same six patents that Motorola cited in its complaint against Apple filed in 2010 in the same court. Motorola tried to add the iPhone 4S and iCloud to the list of Apple products in the original suit but the judge ruled that it was too late to do so.

The new suit is notable amid the lengthy battle between Motorola and Apple because it must have been sanctioned by Google, noted Florian Mueller, who has been closely following mobile patent lawsuits, in a blog post. Mueller is a patent expert who is sometimes paid by companies including Microsoft for his work.

The merger agreement between Google and Motorola stipulates that Motorola not assert any new intellectual property actions without an agreement in writing by Google. That means Google must have expressly authorized Motorola to pursue this new case, filed in the U.S. District Court for the Southern District of Florida.

Many experts believe that Google may have agreed to purchase Motorola for the cellphone maker’s extensive intellectual property portfolio, since Android has come under attack in the courts by companies including Microsoft and Apple.

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Ericsson Seeking To Cash In On Patents

As wireless access is added to new types of devices, Ericsson is reorganizing its licensing department in an attempt to generate more revenue from its patents, the company said on Thursday.

The Swedish telecommunication vendor’s CEO Hans Vestberg wants to keep close tabs on the latest developments, and as part of its reorganization Ericsson’s chief intellectual property officer Kasim Alfalahi will now report directly to Vestberg.

The company’s IPR portfolio includes 27,000 granted patents. Today, any vendor that wants to use cellular connectivity in its products needs a license from Ericsson, which is offered under so-called fair, reasonable and non-discriminatory terms.

Licensing patents under those terms should be fairly straightforward. But that isn’t always the case; in the Netherlands Samsung and Apple, as part of their global legal battle, are arguing in court over what fair and reasonable means.

Ericsson has largely stayed out of the telecom legal battles, but announced it had sued ZTE, which then counter-sued, in April last year. The case is still pending, according an Ericsson spokeswoman.

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Kodak Goes After Apple

Kodak has sued Apple and HTC for allegedly infringing patents related to camera imaging.

According to the Wall Street Journal, the camera firm is alleging infringement of four patents by both companies as well as a fifth by HTC. It also filed a related complaint against both companies with the US International Trade Commission (ITC).

Kodak said it obtained its patents because it decided that people would like to easily share pictures from their digital cameras before putting them on their PCs.

It claimed Apple and HTC are infringing the patents by selling and importing mobile camera phones, tablets and other devices. The federal lawsuits were filed in Kodak’s home town of Rochester, New York.

The firm wants to stop Apple and HTC from selling products such as the Iphone and Ipad and is seeking compensatory and triple damages.

Kodak also has patent litigation ongoing against RIM, and legal proceedings have been taking place for more than a year.

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Yahoo Wins Major Lawsuit

Yahoo has achieved a big victory against spammers, a legal victory that also includes a default judgment of $610 million.

In the lawsuit, filed in May 2008, Yahoo targeted a variety of individuals and companies, accusing them of trying to defraud people via a spam campaign that falsely informed email recipients that they had won prizes in a non-existent Yahoo-sponsored lottery.

Yahoo alleged that the defendants’ goal was to trick email recipients into providing them with personal and financial information that could be used to commit fraud by raiding victims’ bank accounts, using their credit cards and applying for loans on their behalf.

Judge Laura Taylor Swain from the U.S. District Court for the Southern District of New York ruled that Yahoo’s allegations are “uncontroverted” and said the company is entitled to $27 million in statutory damages for trademark infringement and $583 million in statutory damages for violation of the CAN-SPAM Act.

It’s not clear whether Yahoo will be able to collect the money. A default judgment is rendered when defendants in a case fail to plead or defend an action, as happened in this case, in which the defendants never responded to Yahoo’s complaint.

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Google Buys Patents From IBM

Google has purchased more than 1,000 patents from IBM, as part of its strategy to strengthen its patent portfolio to counter litigation, according to records of the United States Patent and Trademark Office.

Jim Prosser, a Google spokesman, confirmed the transfer, reported by a blog SEO by the Sea, but did not provide details such as the the purchase price Google paid for the patents.

Google also acquired another over 1,000 patents from IBM in July. It transferred recently some patents to smartphone maker HTC to help it pursue patent litigation against Apple.

Google has been interested in buying patents for some time now, which led to its failed bid in June for the patents of Nortel Networks, and its proposed acquisition of Motorola Mobility for about US$12.5 billion.

The tech world has recently seen an explosion in patent litigation, often involving low-quality software patents, which threatens to stifle innovation, Kent Walker, Google’s senior vice president and general counsel, said in a blog post in April.

“But as things stand today, one of a company’s best defenses against this kind of litigation is (ironically) to have a formidable patent portfolio, as this helps maintain your freedom to develop new products and services,” he added.

The acquisition of Motorola Mobility’s patents was a key consideration for Google to start talking to the company in early July. But Motorola told Google that it could be a problem for Motorola Mobility to continue as a stand-alone entity if it sold a large portion of its patent portfolio, according to a filing by Motorola to the U.S. Securities and Exchange Commission on Tuesday.

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Samsung Asks ITC To Ban Apple Products

Samsung requested that the U.S. International Trade Commission ban the importation of Apple’s iPhones, iPads and iPods, ratcheting up its fight with Apple.

The filing, dated Tuesday, states Apple’s iPhone, iPod digital music player and iPad tablet infringe on five of Samsung’s patents involving telecommunications standards and user interface inventions.

Samsung also filed a fresh patent lawsuit against Apple in a Delaware federal court on Wednesday.

The complaints are the latest salvo in a growing legal battle between the two electronics giants.

In April, Apple sued Samsung in a California federal court, claiming the South Korean firm’s Galaxy line of mobile phones and tablets “slavishly” copies the iPhone and iPad.

Samsung then countersued in California, and Apple last week filed another lawsuit in South Korea. An Apple spokesman could not be immediately reached on Wednesday.

As well as its own phones and tablets, Samsung manufactures microchips for Apple’s gadgets, a business that brought in about $5.7 billion in revenue for the South Korean company last year.

Before banning the importation of Apple’s popular devices, the ITC would first have to agree to look into Samsung’s allegations, a process that could be quite lengthy.

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