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Patent settlement hurts Apple

by legal | on Mar 20, 2012 | Comments Off

A legal fight over patents between Nokia and Apple fell decidedly in Nokia’s favour after 20 months of deliberations. As a result, Apple and other manufacturers of Android cell phones could be financially hurt thanks in part to the settlement agreement reached between the two companies.

The legal wrangling came down to Apple’s intellectual property versus Nokia’s patent history. Business and legal experts overwhelmingly agreed that Apple lost the struggle as the settlement largely benefits Nokia in the end. Apple is forced to hand over a lump sum payment to Nokia along with residual royalties that significantly enhanced Nokia’s profits for the last two quarters of 2011. Shortly after news of the settlement reached investors, Nokia shares had climbed by 3 per cent.

Apple’s fights in the courtroom were not limited to Nokia. The company also had to face a separate legal battle with Android manufacturers Motorola, Samsung, and HTC. As for Nokia, they are expected to continue asking various other companies for royalties on their patents. Based on the strength of their victory over Apple, it is believed that more companies will capitulate to Nokia while fewer will openly resist and engage in protracted litigation.

Florian Mueller of FOSS Patents indicated that Nokia’s next move could be to go after mobile manufacturers whose smartphone designs are closely linked with Google software. The case between Apple and Nokia serves as a precedent, Mueller noted, one that could apply additional pressure on companies that incorporate Android software to pay a similar royalty structure.

Nokia took the opportunity to express their pleasure at Apple’s inclusion as a licensee. CEO Stephen Elop stated that the settlement represented a show of strength for Nokia’s patent portfolio. He also noted that the company looks forward to furthering their licensing ventures within mobile communications.

Apple, on the other hand, chose to highlight their small victories in the settlement. A spokesperson for the company underscored Apple’s ability to retain all licensing pertaining to the unique innovations surrounding their popular iPhone. The spokesperson also indicated that the company was relieved to put the episode behind it and move forward.

The origins of the struggle between Nokia and Apple began in October of 2009 when Nokia filed claims accusing Apple of infringing on at least 10 of its patents in the construction of the iPhone. Such patents included wireless LAN, GSM, and UMTS. Apple countersued Nokia, and eventually the two companies ran the number of patents under dispute to 75 across seven legal jurisdictions, including the state of Delaware in the United States to Dusseldorf, Germany.

Court costs increased yet again

by legal | on Mar 16, 2012 | Comments Off

In early 2009, plans were announced by the Ministry of Justice to increase magistrates and civil court fees, a plan that many lawyers were outspoken about at the time.

The initiative sought to raise court costs by more than triple the standing rate in 2009. The plan was announced in a consultation paper published by the Ministry of Justice entitled Civil Court Fees 2008.

The order to attend a hearing issued by a bailiff was set to jump £70, from £30 up to £100. Detailed assessments wherein the person conducting the filing was assisted legally would come with the most dramatic of increases, spiking from £105 to anywhere between £300-£1500. Another sharp price rise affected commencement of committal applications in current proceedings, which rose from £90 to £250. Charging orders would exact a cost of £100, up from the 2008 price of £55.

The President of Law Society, Paul Marsh, spoke out about the fees, noting that the proposed increases at the time threatened to grow unreasonably high while also keeping individuals from having open access to the justice system. Marsh indicated that the fees could be tolerated if the extra money was put into good use, thereby justifying the increases. However, he claimed that the courts are no more equipped despite previous fee hikes. Additional rises in costs will only lengthen the existing delays in the judicial process while increasing the solicitor’s costs that many courtroom users are forced to pay.

Only a couple years prior to the 2009 increase, court costs were raised between 2007 and 2008. The price hike netted £472m, £135m shy of the £607m operating cost for civil and family courts. The consultation paper put out by the Ministry of Justice indicated that the court’s chief aims are to cover the £135m gap while raising income at the same time.

Sign language not recognised in every country

by legal | on Mar 14, 2012 | Comments Off

An overwhelming majority of countries accept sign language as an official language that can be used in a court of law, according to a study conducted by the Zero Project.

A total of 35 countries were queried as well as the states of California and New York in the U.S. Of these, 22 countries did not place any limits on the role or function of sign language in their native court system. Eleven of the 35 that were studied had qualified their “yes” answers, while two countries–Albania and Ireland–would not allow sign language in court.

Bulgaria, which was one of the countries that qualified a positive answer, indicated that while sign language has been permitted in courtroom settings, it is not a state-funded service. This contrasts with Canada, which pays for the translation services necessary for sign language but without officially recognising it as a language.

The Zero Project indicated that not all sign language is confined to the courts. The legal process, they noted, has many stages and at any one point a translator could be called upon to render their services. They used the example of France, a country wherein the government will not pay for translation should a hearing impaired witness require it during questioning.

The study conducted by Zero Project was broken down into three classifications with regard to the rights of hearing impaired individuals and the country’s recognition of sign language as an official language of the courts.

The first classification were those countries wherein sign language was recognised as well as affording hearing impaired individuals the right to translation services at the state’s expense.

The second classification concerns the countries that place limits on their recognition of sign language in the judicial process. For some of these nations, sign language is recognised in only certain types of courts, while others deem sign language a valid language but do not give hearing impaired individuals the right to translation services. Further qualifiers include those countries that will not pay for translators nor make them available despite officially recognising sign language.

The last classification deals with countries that have not recognised sign language as an official language in the courts. In addition, individuals with a hearing impairment do not have a right to translation services nor will such services be paid for. Similar to the second classification, translators are not made available.

Benefits of an International Driver’s License

by legal | on Mar 02, 2012 | Comments Off

An International Driver’s License (IDL) is a document that serves as a valid form of identification for those travelling abroad. It is supported by the standards developed by the United Nations’ conventions on Road Traffic and Safety in an effort to create an International Driving permit.

The IDL represents the carrier’s licensed residency in their home country. In this way, it serves as a stand-in for a passport complete with official government registration. Testing is not a requirement to obtain an IDL, but the applicant must possess a current native driver’s license from their home country as well as be 18 years of age or older.

International Driver’s Licenses are recognised in most countries throughout the world as a valid piece of identification. For example, in the event that a traveller has an encounter with law enforcement personnel, the traveller can present their IDL along with their native driver’s license. The International Driver’s License will be printed in the language of the country that the traveller is visiting, while the native license confirms the traveller’s identity and country of origin. By combining the two documents, the traveller guarantees that they can be understood while providing legitimate proof of citizenship.

Government officials in Europe and across the globe recognise the International Driver’s License and strongly advise travellers to carry one. In fact, many car rental agencies around the world will not allow rentals without an IDL. Many bike rental firms will also refuse rentals to anyone who cannot present an International Driver’s License upon request.

All International Driver’s Licenses are translated into nine foreign languages and formatted to resemble a passport. The license cannot be forged or counterfeited due to a Security Shield Hologram embossed in the plastic used to make the card. Each IDL is also furnished with a 2D barcode that encrypts the traveller’s information and can be read by international police scanners.

To receive an International Driver’s License, the applicant must make sure that their native driver’s license is valid and has not lapsed, expired, or been suspended. Applicants should expect a minimum turnaround time of 24 hours to receive their license.

Barack Obama selected for jury duty

by legal | on Feb 24, 2012 | Comments Off

In late 2009, newly-elected President of the United States Barack Obama was selected for jury duty in Chicago, Illinois, the President’s former hometown.

The summons was addressed to the name Barack Hussein Obama and was listed as residing at Obama’s previous full-time estate at 5046 South Greenwood Avenue in Chicago. The notice informed President Obama that he was to report for jury duty at the Bridgeview courthouse in Cook County, Illinois.

At the time of the summons, Obama was in permanent residence at 1600 Pennsylvania Avenue in Washington, D.C., site of the White House. He was served shortly before the State of the Union address, his first as President. Other presidential duties during that period included meeting with the 2009 National Basketball Association Champion Los Angeles Lakers as well as President Massoud Barzani of Kurdistan. Needless to say, Obama’s representatives notified the courthouse in Chicago that the President was busy attending to other matters of national and international importance.

President Obama’s tenure as a juror would have been aided by his law degree from Harvard as well as his credentials as a former professor at the prestigious University of Chicago. By contrast to the President’s withdrawal from service, another high-profile celebrity who calls Chicago home, Oprah Winfrey, was summoned to court in 2004 and completed her civic duty. Ms. Winfrey served on a murder trial that eventually saw a first-degree conviction against the 27-year-old male defendant. Despite her massive media empire, Ms. Winfrey put her obligations aside and accepted the meager $17 per day stipend offered by the court.

Obama’s predecessor, George W. Bush, was called up for jury duty almost one year after his second term began in 2005. Bush was summoned to a court near his hometown in Crawford, Texas, but he opted out of service. Bush was overseeing wars in Iraq and Afghanistan as well as enduring scrutiny over his leadership in the aftermath of Hurricane Katrina along the United States Gulf coast. Within the same month as Bush, his opponent in the 2004 Presidential elections, John Kerry, was notified of his jury call-up. Unlike Bush and Obama, Kerry reported for service and was later chosen to be jury foreman.

Tighter restrictions for translators in the UAE

by legal | on Feb 14, 2012 | Comments Off

Translators in the United Arab Emirates will soon be required to complete additional testing and licensing per a law being handed down from the Federal National Council.

As part of the new law, translators must apply to the Ministry of Justice for a translator’s licence as well as pass a test of certification. The committees on legal and legislative affairs, two departments of the FNC, passed the law in order to guarantee that only translators with the proper credentials can perform translation and interpretation work in the UAE. At present, courtroom translators are excluded from the bill’s requirements.

Not only must individual translators obtain proper licencing, but companies that specialise in translation services must likewise apply for an operating permit. Translation firms will also be compelled to purchase insurance going forward. Operating permits are exclusive to each emirate, and the bill will become law later in 2012.

According to committee chairman Ahmed Al Zaabi, the insurance mandate will offer protection for firms and translators against lost documentation and other business-related injury. This requirement is one of 39 separate articles in the bill that collectively replace laws on translation and interpretation that varied across all emirates. Any translator or translation company that does not conform to the bill’s mandates within one year of its passage will be banned from continuing their practices.

Exemptions will not be considered for translators and firms that have previously registered and/or obtained a licence from the Ministry of Justice. Mr. Al Zaabi noted that the new rules apply to all translators and translation companies regardless of prior licencing. The uniform application of the bill ensures that everyone who is interested in providing translation and interpretation services are up-to-date on their qualification and insurance.

Musbih Al Kitbi, committee secretary, indicated that the field of translation had gone too long without order and regulation. The new law from the FNC would make such disorganisation a thing of the past while weeding out poorly qualified firms and translators.

One item of note that both Mr. Al Zaabi and Mr. Al Kitbi confirmed was that the courts would find exemption under the new bill. Due to the lack of translators and interpreters who are available for courtroom service, the FNC has seen fit to relax the requirements in such situations. According to Al Zabbi, the courts possess unique considerations that would be hampered by the revised law.

The High Court Rules In Favour of English-Speaking Immigrant Spouses Entering the UK

by legal | on Jan 31, 2012 | Comments Off

A law, initially implemented in November 2010, which states that immigrant spouses must speak English prior to settling in the UK, was recently challenged by 3 couples, although the High Court ruled in favour of this measure. The couples deemed that the rules were both unfair and racist, but the challenge was thrown out by the High Court. Mr. Justice Beaston, presiding judge over the appeals has stated, “The new language test was not a disproportionate interference with the couples’ right to family life.”

However, the Joint Council for the Welfare of Immigrants has stated that this ruling “would affect many UK citizens”. Damian Green, UK Immigration Minister, added:  “We believe it is entirely reasonable that someone intending to live in the UK should understand English, so that they can integrate and participate fully in our society. We are very pleased that the courts agree with us.”

One of the main reasons the law was introduced is because the Home Office were looking for ways to reduce the costs of hiring translators for public services such as the NHS. UK immigration has risen in 2011, and therefore the cost of providing translator services to deal with the growing population of non-English speakers has added further pressure to a host of other UK immigration issues.

Theresa has said that “the policy was designed to improve integration.”

Hina Majid, from the Joint Council for Welfare of Immigrants, added:  “No-one in their right mind would pretend that learning English is not a good thing for Immigrants in the UK to do.

However, the ruling does mean that many British citizens will continue to experience an enforced separation from their partners, loved ones, and in certain cases, also their children. There is already a legal requirement in place that requires partners and spouses to prove they have the desired linguistic skills after their arrival in the UK. That said – for those arriving from countries that are experiencing conflict, poverty, natural disasters and political instability, acquiring the necessary linguistic skills prior to their arrival in the UK could prove extremely difficult.

Court Interpreter Mistaken for a Lawyer!

by legal | on Jan 05, 2012 | Comments Off

The case of Rodolfo Hinojosa-Soto was recently called in state Supreme Court Judge John Brunetti’s court. Joe Coolican, Chief Assistant DA, headed for the prosecutor’s table, whereas Paul Carey, the defense lawyer, headed towards the defense stand.

At the exact same time, Judge Brunetti’s attention was drawn to Omar Ruggeri, dressed in a dark suit, dress shirt, tie and eyeglasses, as he too made his way to the defense stand along with Carey.

“Are you a lawyer?” Brunetti asked.

Ruggeri immediately turned to Carey assuming the question was aimed at him. The judge repeated the question a further few times, before Carey stated that Ruggeri happened to be the Spanish-speaking interpreter for his client, as certified by the court.

“He doesn’t like to be insulted like that,” Carey jokingly said about the interpreter being mistaken for a lawyer. He then turned to Ruggeri and added, “It’s supposed to be a compliment.”

Judge Brunneti admitted that he had made this assumption based on Ruggeri’s deportment and overall appearance. A brief discussion about the dictionary definition of the verb “deport” followed prior to the court focusing on the legal issues that surrounded the pending Hinojosa-Soto murder case.

Legal Affairs Committee Backs EU Patent

by legal | on Jan 02, 2012 | Comments Off

The EU moved closer to securing a single patent system in late December 2011. A deal was agreed between European Parliament representatives and the Polish Presidency of the Council, and the deal was also backed by the Legal Affairs Committee. The new EU patent would prove to be significantly cheaper and more competitive than their current ones.

The deal involved three separate voting sessions, all of which saw the Legal Affairs Committee MEPs backing a political deal on the “EU patent package” between Parliament and Council negotiators. If the Council and Parliament as a whole confirm the deal, a brand new EU patent will be created.

The Parliament negotiations were led by committee chair, Klaus-Heiner Lehne (EPP, DE), Bernhard Rapkay (S&D, DE) and Raffaele Baldassarre (EPP, IT). There were, however, certain provisions inserted by MEPs to ensure that the proposed regime was tailored to the needs of small and medium-sized firms (SMEs).

As mentioned, the new patent will be both less expensive and more efficient than the systems currently in place to protect the inventions of individuals and firms. An automatic unitary patent protection would be created by the new system, as well as substantially lowering the costs for EU firms. This, of course, would boost their overall competitiveness. The European Commission has envisaged that once the new system is up-and-running, an EU patent would cost in the region of 680Euros compared to the American average of 1,850Euros.

In order to currently obtain EU-wide protection, a European inventor is required to validate a patent in each EU Member State. This is achieved through a non-EU body, the European Patent Office (EPO). Unfortunately, the procedure entails costs, especially for translation, thus meaning that a European patent can be up to 10 times more expensive than a US one.

The Member States are currently negotiating an international agreement to set up a unified patent court. This will help to cut costs, as well as reducing the current trend of legal uncertainty due to the differing national interpretations.

An inventor has the ability to apply for an EU patent, thus ensuring they are protected in all 25 EU Member States. The patents will be available in English, French and German, although an application can actually be submitted in any EU language. In addition to this, the translation costs from a language other than the three official ones would be compensated.

Specific measures have been agreed, thanks to Parliament, which will facilitate SMEs’ access to the European patent market. These measures range from stronger legal protection to the full compensation of translation costs. Parliament has also managed to obtain an improvement in the rules with regards to how patent office’s share renewal fees and it is upon this which the economic stability of the entire system lies.

Parliament will need to fully endorse the new regulation along with the Council before it can come into force, and there is the possibility that this will come about at the February plenary session. The “enhanced cooperation procedure” is the name under which the legislation is being dealt with and this will allow groups of the Member States to integrate policies further without the need for others to agree.

Spain and Italy have decided to opt out of work on the patent proposal, although they are able to join the decision-making process at any time. The procedure has been specifically adopted to unblock the file, which has long been stalled over language issues.

HTC Patents Battle – First Blood to Apple

by legal | on Dec 20, 2011 | Comments Off

HTC recently claimed that Apple had violated certain patents of theirs, however, in late November 2011, the U.S. International Trade Commission (ITC) ruled in favour of Apple. If the decision had happened to go the other way this would have, without doubt, slowed down, or even completely stopped, the import of iPads and iPhones. This could have spelt disaster for Apple, as ever since the release of iPhone 4S, their smartphones and pads have been in short supply.

July saw HTC purchase S3 Graphics for $300 million, and they expected the S3 patent portfolio to strengthen their legal battle against Apple. Winston Yung, CFO of HTC, even revealed that the patents would be used “defensively and offensively”.

An interesting turn of events was reported by Bloomeberg, who claim that HTC could have simply licensed the patents, as S3 Graphics was part-owned by HTC Chairman, Cher Wang. “We are disappointed, but respect the ITC’s decision,” HTC General Counsel Grace Lei has said in a current statement sent to press members. “While the outcome is not what we hoped for, we will review the ruling once the commission provides it and will then consider all options, including appeal.”

However, there are still plenty of disputes between these two powerhouses that are in the pipeline. The Foss patents blog recently reported, “HTC’s own first ITC complaint against Apple is rather unlikely to result in a finding of any violation. An Administrative Law Judge made an initial determination of no violation, and the ITC staff (the Office of Unfair Import Investigations) does not appear to oppose the ALJ’s position.”

The Foss Patents blog added a post in July 2011 that said, “It’s hard to see how any Android device could not infringe them, or how companies could work around them.” Further fuel has been added to the fire by Ken Hyers, an analyst with Technology Business Research, who believes that the claiming simply states that S3 have failed to prove their claims against Apple, which in effect leaves the door open for future filings if S3 can build a stronger case. He also states that this was simply a “skirmish” in what is likely to be a long series of battles “as competing mobile patent holders battle to extract licensing fees from Google and Android OEMs.”