VIA Wants iPad, iPhone Banned in USA
Apple's iPad, iPhone, iPod Touch and Apple TV supposedly infringe upon three patents owned by VIA Technologies. VIA is asking the court to halt sales of those products.
What goes around come around. Apple just won a battle against Samsung which resulted in the banning of the latter company's Android-based Galaxy Tab 10.1 in Germany. The German courts agreed with the fruity iPad developer in that the company owns exclusive rights to minimalist tablet designs (and apparently Stanley Kubrick does not). Citing patent infringement, the Samsung Galaxy Tab 10.1 cannot be imported or sold within the German borders.
But now Apple is facing a patent infringement lawsuit filed against it by Taipei-based motherboard, CPU, and chipset maker VIA Technologies, Inc. Submitted to the U.S. Federal Court in Wilmington, Delaware, VIA is crying patent infringement (who isn't anymore) and seeking a jury trial along with a plea to the court to ban the sale of Apple's iPad, iPhone, iPod and Apple TV products.
According to the lawsuit, these devices infringe upon three of its U.S.-based patents -- two filed in 2001 and the third in 2004 -- that "generally provides efficient loading of data in the microprocessors and efficient conversion and transfer of data in the microprocessors." The three patents specifically cover a technical "instruction set for bi-directional conversion and transfer of integer and floating point data" and "method and apparatus for double operand load."
"Microprocessors that include this technology can rapidly load data from memory, directly move data between floating point and integer registers, and rapidly convert data from one another, thereby increasing the operational speed of the microprocessors," VIA said in its suit.
Unfortunately, Apple may have a tough battle ahead. The Delaware Court is supposedly known as a "plaintiff-friendly region," similar to the Eastern District Federal Court of Texas. Banning the sale of Apple products seems a little far-fetched, but if anything, the Cupertino company may have to shell out some big bucks if found guilty.
Timing of the complaint isn't coincidental. Apple is reportedly gearing up to reveal the iPhone 4S on October 4 along with the new iPod Touch model and perhaps even the rumored iPhone 5. A temporary injunction barring Apple from selling "infringing products" would cripple Apple's pre-holiday season sales.
UPDATE -- VIA sent over a press release, as seen below:
Taipei, Taiwan, September 22, 2011 - VIA Technologies, Inc, a leading innovator of power efficient x86 processor platforms, today announced it has taken legal action against Apple Inc., filing a complaint with the United States International Trade Commission (ITC) and the US District Court of Delaware for patent infringement by Apple's iPhone, iPad, iPod, Apple TV product lines, and associated software.
"VIA has built up an extensive IP portfolio consisting of over 5,000 patents as a result of significant investments in world class technology research and development," commented Wenchi Chen, CEO, VIA Technologies, Inc. "We are determined to protect our interests and the interests of our stockholders when our patents are infringed upon."
The patents at issue cover microprocessor functionality featured in Apple iPhone, iPad, iPod, and Apple TV devices, namely:
- * US Patent No. 6253312, Method and apparatus for double operand load,
- * US Patent Nos. 6253311 & 6754810, Instruction set for bi-directional conversion and transfer of integer and floating point data.
- Successor to Motorola's Failed Xoom Tablet Leaked
- Patent Troll Sues Entire Wireless Industry
- Check Out the 1983 Version of the iPhone
- The Samsung Bang & Olufsen Dream Phone
- Meet the Kinetic-Powered MP3 Jogging Suit
- Mobile Phones Cause Reduced Production of ATP
- Real Life Tron Lightcycle Gets a New Electric Motor
- Chrome Gets 3D Browsing Capability
- Microsoft Exec Outed Over Nokia Tweets
- Mass Effect Movie Will Have a New Storyline
- Mark Zuckerberg Surpasses Google Founders in Wealth
- Rental Sleepboxes Get Installed in Moscow Airport
- iPhone 4S Cases Already Appearing at AT&T
- New Blockbuster Service Won't Be Netflix Killer
- VIDEO: Conan Pokes Fun at Gears 3's "Emotional Side"
- Sony to Release Spherical Omnidirectional Speaker
- OnLive Universal Controller, Tablet Apps "Coming Soon"
- Radiation-Detecting Bracelet Protects Pregnant Mothers
- Leo Apotheker's Last Memo to HP Staff
Great. More lawsuits for lawyers
No wonder I've never seen lawyers complaining about economy crisis or financial meltdown.
In your face Apple and fans!
Haha! Now everyone is doing it. We have to get used to living like an Amish soon.
Go VIA. I would be floored if what VIA was suing for came to fruition.
It would be nice to see Apple knocked down a few notches.
Ha! VIA has just made my day.
..."Unfortunately, Apple may have a tough battle ahead"....
Why unfortunately? You already taking sides?
If Apple loses, it will have to pay up. It's as direct as that. Nothing unfortunate here.
And banning the sale of samsung products isn't?
They should make a new amendment to the Constitution titled "No stupid court cases"
I'm sure they're going to be able to stop sales of the iPhone in the US, that's exactly what's going to happen.
Why USA? take that whole thing to German, if apple/VIA being treated differently vs the Samsung case, people would have see that the Judge in Germany are siding apple.
I think Apple is about to lock it itself out of the Telecon market by all the major cell phone manufacturers ganging up on Apple and not sharing patent crossing licensing with them, while on the other hand they will share with each other. There is a certain ettiquette within the telecon industry not to sue each other over frivolous patents. Apple on the other hand, because it can no longer compete is trying to slow down their competitors. I think in the long term picture, Apple has really just brought a lot of competitors to make Apple's ability make sexy phones and sell them on the market that much harder.
I predict long term, that Apple will struggle because the performance of their phones will be third class because none of the major cell phone manufactures will share or cross-license their patents with Apple, but they will with each other. Apple may have sexy phones, but they will be phones that have nothing under the hood. Kinda like using a Porshe outside body, but have a two stroke engine under the hood.
They are screwing themselves.
Ha! VIA has just made my day.
After fifteen years I never thought I'd agree to that.
its unfortunate because:
"The Delaware Court is supposedly known as a "plaintiff-friendly region," similar to the Eastern District Federal Court of Texas."
You may want to finish reading before commenting...
VIA will never win. I bet the judge has an iPhone loaded with Angry Birds and Peggle 2
Seriously, it took VIA THIS LONG to decide Apple infringed on their patents? BS lawsuit is what this is. This is VIA wanting to cash in on Apple's success and nothing more. They should have brought the lawsuit when the FIRST iPhone came out. PERIOD
Seriously, it took VIA THIS LONG to decide Apple infringed on their patents? BS lawsuit is what this is. This is VIA wanting to cash in on Apple's success and nothing more. They should have brought the lawsuit when the FIRST iPhone came out. PERIOD
Troll much? All these would never happen had Apple not gone on lawsuits frenzy
looks like apple started a fight and then got surrounded
Down with the U.S.! Yay for Thaiwan! Boo to the dumb mean apple, they just make a cell phone. We love the samsungs and the vias!! They screw the U.S. companies, so they are the best!!!
Best thing Via ever came up with
See? Desktop PCs aren't dying! ...Not in the US where you can't get an iPhone/iPod/iPad anymore! I.L.Y. VIA
Go Via! Stick it to Apple! Hopefully karma kicks them where it hurts
its unfortunate because:"The Delaware Court is supposedly known as a "plaintiff-friendly region," similar to the Eastern District Federal Court of Texas."You may want to finish reading before commenting...
?? I dont follow... or are you saying its unfortunate for apple? Plaintiff-friendly region would imply that they would favor VIA over apple.
No Intel will sue Via for patent infringment, base on that patent every current microprocessor would be infringing. We don't need more stupid lawsuits. I would bet money Via doesn't get a dime, in fact I will bet that Apple will now sue the H**l out of them!
its unfortunate because:"The Delaware Court is supposedly known as a "plaintiff-friendly region," similar to the Eastern District Federal Court of Texas."You may want to finish reading before commenting...
right, unfortunate for Apple, and the author seems biased. It should have been a simple statement of fact. You do know what a plaintiff is right?
Woohoo!!! finally, a company that's gonna take Apple down this time. I'm sick of Apple and their proprietary hardware OS too.
If these are microprocessor-related patent violations, how do they only apply to Apple? Apple designed its A4 and A5 (licensed ARM designs) processors, so there has to be something specific to Apple's modification of the base ARM CPU design that VIA has issue with. Otherwise, VIA should be suing ARM and all ARM CPU manufacturers, including: Samsung, Texas Instruments, Broadcomm, Matsushita, and any other ARM Cortex-licensed manufacturers.
If these are microprocessor-related patent violations, how do they only apply to Apple? Apple designed its A4 and A5 (licensed ARM designs) processors, so there has to be something specific to Apple's modification of the base ARM CPU design that VIA has issue with. Otherwise, VIA should be suing ARM and all ARM CPU manufacturers, including: Samsung, Texas Instruments, Broadcomm, Matsushita, and any other ARM Cortex-licensed manufacturers.
ARM may have permission from via.....
and GO VIA!!!!!sue that Rotten Apple!
Haha! Now everyone is doing it. We have to get used to living like an Amish soon.
no we wont, the Amish probably have a patent for their way of life
IF Apple is in violation then all ARM based devices would have to be in violation also. If it was something all other manufacturers were paying for from VIA they would have stated so and asked that Apple pay also.
Did Kevin just cleverly call Apple 'gay' there?If these are microprocessor-related patent violations, how do they only apply to Apple? Apple designed its A4 and A5 (licensed ARM designs) processors, so there has to be something specific to Apple's modification of the base ARM CPU design that VIA has issue with. Otherwise, VIA should be suing ARM and all ARM CPU manufacturers, including: Samsung, Texas Instruments, Broadcomm, Matsushita, and any other ARM Cortex-licensed manufacturers.
It's a watchdog move, there are certain companies in most industries who hold very important patents but allow everyone to use them basically for free, but they tend to watch to see who is not playing nice and will pull rank on them when it happens. Some of the companies I know of are MS, Qualcomm, IBM, they will allow crucial IP to be used for free since they are needed but will use their power to put down companies who turn into bullies. Seems VIA either is one of these companies or got the go ahead from another such company to go after Apple for all these stupid lawsuits trying to get any successful competition banned.
The NeverEnding Story (2011)