“Apple Inc.’s Mac OS X computer system violates patents held by S3 Graphics Co., while the platform for the iPhone, iPod Touch and iPad tablet doesn’t, a U.S. agency said in a July 1 ruling made public today,” Susan Decker reports for Bloomberg.
“Mac computers have an operating system that infringes two S3 patents related to graphics chips, U.S. International Trade Commission Judge James Gildea said,” Decker reports. “Notice of the ruling was disclosed July 1 without explaining which products were in violation. Additional information was released today.”
Closely held S3, which agreed this month to be bought [for US$300 million] by Taiwanese smartphone company HTC Corp., makes image-compression technology. If Gildea’s decision is upheld in a review by the full six-member commission, the ITC can ban U.S. imports of some Macs,” Decker reports. “Macs that have Nvidia Corp. graphics processing units have an implied license to the patents, the judge said. Gildea found that two other S3 patents were invalid, as were aspects of the two patents found to be infringed. Fremont, California-based S3’s Texture Compression feature is used in Nintendo Co.’s Wii and Sony Corp.’s PlayStation portable gaming systems.
The iPhone and iPad are no longer under threat of a ban from the S3 case.”
Decker reports, “A different ITC judge found on July 15 that HTC’s Android phones infringed two Apple patents, a decision that could lead to a block of the HTC phones from the U.S. if upheld… The full ruling on the S3 case isn’t yet public as the companies debate what confidential information should be redacted, Gildea said. The conclusion naming specific products was released at Apple’s request, according to the order.”
More details in the full article here.
[Thanks to MacDailyNews Reader “pridon” for the heads up.]
I’m not a lawyer or pretend to play one on YouTube, but shouldn’t the ITC be laughing at S3? Apple used NVidia graphics chips, so if there is a “violation” isn’t it between Nvidia and S3 and not Apple and S3?
How do you prove and “implied license”? That opens up so many cans of worms, they could circle the globe.
How about “virtual” graphics?
I think they’re saying that although all Macs include the infringing technology, any Mac with Nvidia chips are okay to import because they are licensed to use the technology (it’s an “implied” license, presumably because while Apple didn’t licence the right to use the patented technology, Nvidia’s licence would cover the use).
So AMD (ATI) and Intel video hardware in Mac’s cause “infringement”…? Or is it more the OS that’s doing it regardless of video hardware, and having “Nvidia inside” makes it OK?
I say the solution is for Intel and AMD to get their act together… 😉
Let’s see, for graphics hardware on current Macs…
MacBook Air – Intel
MacBook Pro – Intel and AMD
Mac mini – Intel and AMD
iMac – AMD
Mac Pro – AMD
Looks like Apple has purged the lineup of Nvidia. That’s unfortunate. But it’s even more unfortunate for HTC.
Apple, go and tell Intel and AMD that they shall either get S3 licenses, or sue the gut of HTC. With the combination of Intel and AMD patents, HTC doesn’t stand a chance.
And is HTC going to turn around and sue every PC maker now? If so, great! Fair is fair!… Let’s watch as this company starts picking fights with every company in the industry to try and make a buck.
If not? Then they obviously shouldn’t get a dime from Apple.
They sue Apple only. It’s because Apple sue them.
So are they talking hardware or software?
Apple should go back to nVidia and be done with it.
I glanced at the headline and thought it read – (the number) 53 – and gasped!! 🙂
Personally, I’m sick of all these damn Patent lawsuits. This is utter BS. Half of these Patents should have probably never been granted. But what do I know. Personally I wished Apple would have stayed with nVidia, but didn’t Intel throw a monkey wrench in that relationship? Oh well, the Lawyers will just get richer and richer!!!!!
Google is wrong on a lot of things, but right on one thing – we need patent reform. This is just getting ridiculous.
Patent reform by all means, but Google’s intention is to eliminate all forms of patent so that it can steal with impunity. Google innovates on methods of hijacking and thievery.
I’m not following any of this closely enough to comment on the substance of these lawsuits, but it strikes me that many of the folks here calling these decisions “ridiculous” and calling for “patent reform” probably aren’t either. Exactly what “reforms” would any of you all suggest? People get in fights about all sorts of things and courts are a way to work out those fights relatively peacefully. When the fights are about extremely complicated technologies, they are long and complicated and some mistakes are inevitable. Do we accept that people and companies that invent things deserve protection (for a limited time) against having their ideas stolen? (Certainly most on this site would agree that one company in particular deserves this protection…) If so, then patents and patent lawsuits are inevitable, especially during a time of great innovation and market changes. So the fact that companies sue each other over patents, and some win and some lose, should not by itself be “ridiculous.” Calling for reform sounds nice, but without putting forth specific reforms that can actually be debated, it’s pretty meaningless.
And yes, I am a lawyer, but not a patent lawyer nor a rich lawyer either. It doesn’t mean I’m wrong or biased, though. If you want to be constructive and not just complaining, you have to propose an alternative.
@Fredo
Agreedo – thanks
Hey Fredo, Michael Corleone is on the line. He wants to know if he can take you boating out on the lake. You know, just you and him. Like brothers. He’ll like to discuss patent reform law with you. I know you’re not an expert on the subject but still, he wants to pick your brains on it.
What’s this about, Nutter, some animosity from another thread or something? Is this about the fix your man Boner has gotten himself into for wanting to slash Social Security to protect your private jet tax deductions? I sure don’t see how it relates here…
Oic… Pardon me, I just woke up feeling feisty. I guess you just like my name.
Fluffsuit. Fluff them.
Now these cases will go to the Ninth Circuit Court of Appeals, which is the real patent court in the U.S. We will get to see how they feel about all this.
oh PLEASE shut the EFF up………..I honestly think if this is what companies are doing with their time, the unemployment percentage isn’t high ENOUGH. There are way too may jobs still. Time to start thinning the herd even more.
I hope that HTC wins over Gucciboy/fanboy company apple ! And if apple wins the patentwar i hope google is gonna sue apple – if so apple will fail so hard… Google is afterall bigger then apple !