Groupon Starts Fight With IBM
May 16, 2016 by admin
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The online marketplace Groupon Inc has filed a lawsuit against IBM Corp, accusing it of infringing a patent related to technology that assists businesses to solicit customers based on the customers’ locations at a given moment.
Groupon filed its lawsuit on Monday with the federal court in its hometown of Chicago, two months after IBM accused Groupon of patent infringement in a separate lawsuit.
“IBM is trying to shed its status as a dial-up-era dinosaur” by infringing the rights of “current” technology companies such as Groupon, according to Groupon spokesman Bill Roberts.
The latest lawsuit concerns IBM’s WebSphere Commerce platform, which Groupon said lets merchants send messages to customers with GPS-enabled devices based on their real-time locations, and their use of social media including Facebook.
Groupon said the platform infringes a December 2010 patent, and that it deserves royalties based on the “billions of dollars” of revenue that Armonk, New York-based IBM has received through its infringement.
“IBM, a relic of once-great 20th Century technology firms, has now resorted to usurping the intellectual property of companies born this millennium,” Groupon said in its lawsuit.
On March 2, IBM accused Groupon in a federal lawsuit in Delaware of infringing four patents, including two related to Prodigy, a late-1980s forerunner to the Internet.
“Over the past three years, IBM has attempted to conclude a fair and reasonable patent license agreement with Groupon, and we are disappointed that Groupon is seeking to divert attention from its patent infringement by suing,” Shelton said.
The Chicago case is Groupon Inc v International Business Machines Corp, U.S. District Court, Northern District of Illinois, No. 16-05064. The Delaware case is International Business Machines Corp v Groupon Inc, U.S. District Court, District of Delaware, No. 16-00122.
Source-http://www.thegurureview.net/aroundnet-category/groupon-gets-into-patent-fight-with-ibm.html
TiVo To Be Acquired
May 9, 2016 by admin
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Online entertainment company Rovi plans to purchase digital video recording firm TiVo for $1.1 billion in a stock and cash deal, the companies announced on Friday.
TiVo has cloud-based technology for integrating live, recorded, on-demand and Internet television into one user interface, with search, discovery, viewing and recording options from a variety of devices. Its technology has been deployed by operators including Virgin Media and Vodafone Spain.
Rovi announced in March that Sharp’s new Aquos TVs would include its G-Guide electronic programming guide.
The combined company is forecast to have more than $800 million in revenue in the current year. More than 10 million TiVo-served households are expected to be added to the current base of about 18 million homes that use Rovi guides. The new entity will serve nearly 500 service providers worldwide, the companies said.
The deal between Rovi and TiVo, besides creating a large media and entertainment technology company with complementary products and services, will also lead to the setting up of a company with a worldwide portfolio of more than 6,000 issued patents and pending applications worldwide.
The two companies have a strong licensing business and have also sued key players like Comcast for patent infringement in the past. The companies said they have more than $3 billion in combined IP licensing revenue and past damage awards.
The transaction is expected to close in the third quarter and the combined company will use the TiVo name. Tom Carson, CEO of Rovi will be the chief executive of the new company.
Source- http://www.thegurureview.net/consumer-category/tivo-to-be-acquired-by-rovi.html
IBM Goes After Groupon
March 14, 2016 by admin
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IBM has filed suit against online deals marketplace Groupon for infringing four of its patents, including two that emerged from Prodigy, the online service launched by IBM and partners ahead of the World Wide Web.
Groupon has built its business model on the use of IBM’s patents, according to the complaint filed Wednesday in the federal court for the District of Delaware. “Despite IBM’s repeated attempts to negotiate, Groupon refuses to take a license, but continues to use IBM’s property,” according to the computing giant, which is asking the court to order Groupon to halt further infringement and pay damages.
IBM alleges that websites under Groupon’s control and its mobile applications use the technology claimed by the patents-in-suit for online local commerce marketplaces to connect merchants to consumers by offering goods and services at a discount.
About a year ago, IBM filed a similar lawsuit around the same patents against online travel company Priceline and three subsidiaries.
To develop the Prodigy online service that IBM launched with partners in the 1980s, the inventors of U.S. patents 5,796,967 and 7,072,849 developed new methods for presenting applications and advertisements in an interactive service that would take advantage of the computing power of each user’s PC and reduce demand on host servers, such as those used by Prodigy, IBM said in its complaint against Groupon.
“The inventors recognized that if applications were structured to be comprised of ‘objects’ of data and program code capable of being processed by a user’s PC, the Prodigy system would be more efficient than conventional systems,” it added.
Groupon is also accused of infringing U.S. Patent No.5,961,601, which was developed to find a better way of preserving state information in Internet communications, such as between an online merchant and a customer, according to IBM. Online merchants can use the state information to keep track of a client’s product and service selections while the client is shopping and then use that information when the client decides to make a purchase, something that stateless Internet communications protocols like HTTP cannot offer, it added.
Source- http://www.thegurureview.net/aroundnet-category/ibm-files-patent-infringement-lawsuit-against-groupon.html
Microsoft, Google Cease Fire In Global Patent Deal
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Microsoft has been pursuing a more collaborative approach under CEO Satya Nadella, engaging longtime rivals like Salesforce, VMware and Apple. There hasn’t been much love between Microsoft and Google, but an announcement on Wednesday points towards an easing of those tensions.
Google and Microsoft have reached a broad agreement on patent matters, with a legal settlement ending some 20 lawsuits between the companies in the U.S. and Germany. Financial terms weren’t disclosed, but the deal brings a laundry list of lawsuits to a close.
“Microsoft and Google are pleased to announce an agreement on patent issues,” they said in a joint statement. “As part of the agreement, the companies will dismiss all pending patent infringement litigation between them, including cases related to Motorola Mobility.”
They also agreed to collaborate on patent matters and work together “to benefit our customers.”
The suits that have been settled include those related to mobile phones, video encoding and Wi-Fi technologies. That doesn’t mean Microsoft has given up its campaign to collect royalties from Android device makers for the mobile operating system’s alleged infringement of Microsoft patents.
It’s not clear from the statement what patent matters the companies will be working on together in the future, but changes have already begun. The two companies agreed earlier this month to work together (alongside other firms like Netflix and Mozilla) on a royalty-free video codec.
It remains to be seen if the settlement will lead to more work between Microsoft and Google in other areas. A major sticking point for consumers has been the lack of a Google-made YouTube app for smartphones and tablets running Windows.
Source-http://www.thegurureview.net/aroundnet-category/microsoft-google-cease-fire-in-global-patent-deal.html
FCC To Tighten Rules On Robocalls
June 9, 2015 by admin
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The top U.S. telecommunications regulator wants to make it more difficult for telemarketers and other businesses to robocall and text messages consumers under changes to autodialing rules being proposed.
The Federal Communications Commission plans to vote on June 18 on the proposal, which would give legal cover to telephone companies to offer consumers technologies that would block robocalls, regardless of where they originate.
“The FCC wants to make it clear: Telephone companies can – and in fact should – offer consumers robocall-blocking tools,” FCC Chairman Tom Wheeler said in a blog post.
The wireless carriers have worried that blocking automated calls could be construed as violations of the law that requires them to ensure that all calls placed over their networks reach their intended recipients.
The proposal would also reassert that consumers have to agree to receive automated calls and texts and clarify that they can revoke their consent in any “reasonable” way, including a simple request for calls to stop, without the need to file convoluted paperwork.
Robocalls and robotexts are by far the most common cause of consumer complaints at the FCC, topping 215,000 in the last year alone. Consumer advocates and the majority of U.S. states attorneys general had pressed the FCC to clarify the robocall rules.
Numerous business associations, including the U.S. Chamber of Commerce, have also pushed for clarifications, facing a growing number of lawsuits prompted by violations such as calling cellphone users whose numbers used to belong to someone else.
The FCC’s proposal would reassert that companies should try to avoid numbers reassigned to consumers who have not agreed to receive their calls. If they do not know that a number has been reassigned, they are allowed one call to find out.
The business community had also complained that some lawsuits unfairly target them for using dialing technologies that could be modified to become autodialers. FCC officials said any technology with the capacity to dial random or sequential numbers qualifies as an autodialer, even if it would require modification.
U.S. law prohibits telemarketing calls to both landline and cellphones of consumers who have not given written consent.
RadioShack Plans To Sell Customer Data
April 22, 2015 by admin
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RadioShack plans to keep moving forward with its plan to sell its customer data, despite opposition from a number of states.
The company has asked a bankruptcy court for approval for a second auction of its assets, which includes the consumer data.
The state of Texas, which is leading the action by the states, opposed the sale of personally identifiable information (PII), citing the online and in-store privacy policies of the bankrupt consumer electronics retailer.
The state claimed that it found from a RadioShack deposition that the personal information of 117 million customers could be involved. But it learned later from testimony in court that the number of customer files offered for sale might be reduced to around 67 million.
In the first round of the sale, RadioShack sold about 1,700 stores to hedge fund Standard General, which entered into an agreement to set up 1,435 of these as co-branded stores with wireless operator Sprint. Some other assets were also sold in the auction.
The sale of customer data, including PII, was withdrawn from the previous auction, though RadioShack did not rule out that it could be put up for sale at a later date.
The case could have privacy implications for the tech industry as it could set a precedent, for example, for large Internet companies holding consumer data, if they happen to go bankrupt.
Texas has asked the U.S. Bankruptcy Court for the District of Delaware for a case management order to ensure that in any motion for sale of the PII, RadioShack should be required to provide information on the kind of personal data that is up for sale and the number of customers that will be affected.
On Monday, Texas asked the court that its motion be heard ahead of RadioShack’s motion for approval to auction more assets.
The court had ordered in March the appointment of a consumer privacy ombudsman in connection with the potential sale of the consumer data including PII. RadioShack said in a filing Friday that it intends to continue working with the ombudsman and the states with regard to any potential sale of PII, but did not provide details.
Target Settles Security Breach
Target is reportedly close to paying out $10m to settle a class-action case that was filed after it was hacked and stripped of tens of millions of peoples’ details.
Target was smacked by hackers in 2013 in a massive cyber-thwack on its stores and servers that put some 70 million people’s personal information in harm’s way.
The hack has had massive repercussions. People are losing faith in industry and its ability to store their personal data, and the Target incident is a very good example of why people are right to worry.
As well as tarnishing Target’s reputation, the attack also led to a $162m gap in its financial spreadsheets.
The firm apologized to its punters when it revealed the hack, and chairman, CEO and president Gregg Steinhafel said he was sorry that they have had to “endure” such a thing
Now, according to reports, Target is willing to fork out another $10m to put things right, offering the money as a proposed settlement in one of several class-action lawsuits the company is facing. If accepted, the settlement could see affected parties awarded some $10,000 for their troubles.
We have asked Target to either confirm or comment on this, and are waiting for a response. For now we have an official statement at Reuters to turn to. There we see Target spokeswoman Molly Snyder confirming that something is happening but not mentioning the 10 and six zeroes.
“We are pleased to see the process moving forward and look forward to its resolution,” she said.
Not available to comment, not that we asked, will be the firm’s CIO at the time of the hack. Thirty-year Target veteran Beth Jacob left her role in the aftermath of the attack, and a replacement was immediately sought.
“To ensure that Target is well positioned following the data breach we suffered last year, we are undertaking an overhaul of our information security and compliance structure and practices at Target,” said Steinhafel then.
“As a first step in this effort, Target will be conducting an external search for an interim CIO who can help guide Target through this transformation.”
“Transformational change” pro Bob DeRodes took on the role in May last year and immediately began saying the right things.
“I look forward to helping shape information technology and data security at Target in the days and months ahead,” he said.
“It is clear to me that Target is an organization that is committed to doing whatever it takes to do right by their guests.”
We would ask Steinhafel for his verdict on DeRodes so far and the $10m settlement, but would you believe it, he’s not at Target anymore either having left in the summer last year with a reported $61m golden parachute.
Will Apple Go All-In On Car Batteries?
March 6, 2015 by admin
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A year and a half ago, Apple Inc applied for eight patents related to car batteries. Recently, it has added a slew of engineers, just one of whom had already filed for 17 in his former career, according to a Thomson Reuters.
The recent spate of hires and patent filings shows that Apple is fast building its industrial lithium-ion battery capabilities, adding to evidence the iPhone maker may be developing a car.
Quiet, clean electric cars are viewed in Silicon Valley and elsewhere as a promising technology for the future, but high costs and “range anxiety”, the concern that batteries will run out of power and cannot be recharged quickly, remain obstacles. Those challenges could also be seen as opportunities to find solutions to take the technology mainstream.
The number of auto-related patents filed by Apple, Google Inc, Korea’s Samsung, electric carmaker Tesla Motors Inc and ride-sharing startup Uber tripled from 2011 to 2014, according to an analysis by Thomson Reuters IP & Science of public patent filings.
Apple has filed far fewer of these patents than rivals, perhaps adding impetus to its recent hiring binge as it seeks to get up to speed in battery technologies and other car-building related expertise.
As of 18 months ago, Apple had filed for 290 such patents. By contrast, Samsung, which has been providing electric vehicle batteries for some years, had close to 900 filings involving auto battery technology alone.
The U.S. government makes patent applications public only after 18 months, so the figures do not reflect any patents filed in 2014.
Earlier this month, battery maker A123 Systems sued Apple for poaching five top engineers. A search of LinkedIn profiles indicates Apple has hired at least another seven A123 employees and at least 18 employees from Tesla since 2012.
The former A123 employees have expertise primarily in battery cell design, materials development and manufacturing engineering, according to the LinkedIn profiles and an analysis of patent applications.
A123, which filed for bankruptcy in 2012 but has since reorganized, supplied batteries for Fisker Automotive’s now-discontinued hybrid electric car.
“Looking at the people Apple is hiring from A123 and their backgrounds, it is hard not to assume they’re working on an electric car,” said Tom Gage, Chief Executive of EV Grid and a longtime expert in batteries and battery technology.
Apple is building its own battery division, according to the A123 lawsuit. Apple did not immediately respond to a request for comment.
Cisco Files Suit Against Rivals
Network equipment maker Cisco Systems Inc filed several lawsuits on Friday against Arista Networks Inc, alleging the smaller rival of copying its networking technologies.
The lawsuits, filed in a federal court in California, accuse Arista of infringing on 14 patents on networks and also on related copyrights, Cisco General Counsel Mark Chandler said in a blog post.
Arista was formed by former Cisco employees, including Chief Development Officer Andreas Bechtolsheim, Chief Technology Officer Kenneth Duda, and Chief Executive Officer Jayshree Ullal.
“Rather than building its products and services based on new technologies developed by Arista, however, and providing legitimate competition to Cisco, Arista took a shortcut by blatantly and extensively copying the innovative networking technologies designed and developed by Cisco,” one of the complaints said.
Cisco is a leader in the networking world, with revenue of $12.2 billion in the third quarter. Arista, in contrast, reported sales of $155.5 million for the period, although it is growing fast.
Arista said it had not yet been able to evaluate the lawsuits.
“While we have respect for Cisco as a fierce competitor and the dominant player in the market, we are disappointed that they have to resort to litigation rather than simply compete with us in products,” Arista said in an emailed statement.
Cisco filed the lawsuits on the same day the U.S. Supreme Court agreed to review a $64 million patent infringement verdict that Commil USA LLC won against the company.
Google, Dropbox Team Up
Google, Dropbox and a few other high-tech firms have devised a new way to help protect themselves against patent trolls.
Patent trolls, or “non-practicing entities,” are companies that buy up old patents and try to monetize them by accusing others of infringement. They usually request a one-off licensing fee to end a lawsuit, something many companies reluctantly pay because it’s cheaper than defending the claim.
The practice has become a significant problem in the high-tech field, in part because of the complex nature of modern software and hardware.
In an attempt to stop it, six high-tech companies have banded together to launch the License on Transfer Network, or LOT Network.
Members of Lotnet retain full ownership and licensing rights of their patents, but they agree to provide each other with a royalty-free license should any of the patents ever be sold.
That means if Dropbox, for instance, sells a patent on data storage to a third party, Google and the other members will first receive a license to the technology. That should insulate them from any lawsuits brought by the patent’s new owner.
Besides Google and Dropbox, the launch members include SAP, Canon, Asana and Newegg. They hope the agreement will reduce the nuisance of patent trolling.
“The LOT Network is a sort of arms control for the patent world,” said Allen Lo, deputy general counsel for patents at Google, in a statement. “By working together, we can cut down on patent litigation, allowing us to focus instead on building great products.”
The group is offering membership to other technology companies.