Anyone following the technology industry doesn’t need to be told that patent litigation is often a long-running, byzantine affair that only gets more confusing the more it’s examined. Case in point: memory developer Rambus has just been awarded supplemental damages in its patent infringement case against Hynix. Although Rambus’s request for injunctive relief was denied by the U.S. District Court for the Northern District of California—which would have kept Hynix from shipping products using Rambus technologies—Hynix is being forced to execute a mandatory license for nine Rambus patents found to be used in Hynix SDRAM products. Hynix will be required to pay Rambus a one percent royalty on SDR DRAM products and a 4.35 percent royalty on DDR SDRAM products sold in the United States going all the way back to January 1, 2006. These royalties are on top of $133 million in damages already levied against Hynix for patent infringement up through December 31, 2005.
Tag Archive: Delaware
Intel Sues Nvidia Over Chipset Licensing
It’s no secret that relations between chipmaker Intel and graphics developer Nvidia have become complicated lately, with Nvidia very publicly dismissing the quality of Intel’s integrated graphics solutions and gunning not only for the high-end graphics market, but also targeting netbooks with its new Ion platform and even entering the supercomputing arena. Now, Intel has filed suit against the graphics developer, claiming a four-year-old chipset licensing agreement between the two companies does not apply to future Intel processors with integrated memory controllers—and by that, Intel means it’s forthcoming class of CPUs codenamed “Nehalem,” a multi-core processor that will feature an integrated graphics controller and a new Direct Media Interface (DMI) bus.
Dell Settles Finance Claims for $3.35 Mln
Computer maker Dell has agreed to pay some $3.35 million to settle 34 states’ allegations that the company’s warranty, financing, and rebate offers were deceptive and misled consumers. The agreement has Dell paying $1.5 million into a restitution account; impacted consumers will be able to submit claims for compensation. The other $1.85 million will go towards the states’ legal costs.
“More than the money, this agreement provides profoundly important business practice reforms,” said Connecticut attorney general Richard Blumenthal, in a statement. “No more bait-and-switch financing—offers touting zero-interest that become surprise high-interest charges or astounding late penalties. Our strong coalition of states will closely monitor and enforce this agreement, which has been reached with Dell’s cooperation.”
Rambus Patents Ruled Unenforceable
In a closely watched intellectual property case, U.S. District Judge Sue L. Robinson has ruled that Rambus employees had destroyed email and other documents related to the company’s patents, litigation, and marketing strategies between 1998 and 1999, and, as such, a dozen DRAM-related patents held by Rambus cannot be enforced against memory maker Micron. The two companies have patent-infringement lawsuits filed against each other in the Delaware court; however, Judge Robinson’s ruling would appear to take most of the wind out of Rambus’ case, with the judge characterizing Rambus’ bad faith “clear and convincing.”
Nokia and Qualcomm Bury Patent Hatchet
For years, Nokia and Qualcomm have been engaged in a series of international legal battles over key mobile technology patents covering everything from CDMA and GSM to UMTS, HSDPA, and Wi-Max. The companies have filed suit against each other in multiple countries, sought to have each other’s products banned from markets, and sparred over licensing terms, royalties, and other terms. The battle has been long and ugly, and was just punctuated earlier this week with a German court finding a Qualcomm patent on GSM technology is invalid.
Dish, Echostar Sue TiVo on DVR Patents
The world of technology patents is a confusing one indeed. One of the better-known technology patent battles in recent years has been TiVo’s patent victory against Echostar, in which TiVo’s so-called "time-warp" patent for DVR usage was upheld, and Echostar (the corporate parent of Dish Network) was found to have infringed on it to the tune of over $70 million. The case bolstered TiVo’s claims to have pioneered the DVR field, and have helped give the company a new lease on life as it makes deals with cable companies like Comcast, who are no longer eager to roll the dice on the validity of TiVo’s patents.
Akamai: China and U.S. Lead in Net Attacks
Internet distribution company Akamai has issued the first of what it claims will be an ongoing series of State of the Internet reports. (Registration required to view the full text.) In the report, the company finds that during the first quarter of 2008, China and the United States accounted for about 30 percent of all “attack traffic” on the Internet—but, surprisingly, a lot of that traffic was directed at network ports and services that haven’t had major vulnerabilities for several years, suggesting the number of unpatched, still-vulnerable Windows systems connected to the Internet worldwide is still significant.
eBay’s Craigslist Suit About Classified Ads
Turns out that suit eBay filed against Craiglist last week really is about the online classified ad market. After filing the suit under seal in a Delaware court last week and saying only that Craiglist had taken unilateral actions to dilute eBay’s 28.4 percent stake in Craigslist, eBay has now published the text of its complaint (PDF), minus some redactions the company claims were requested by Craigslist. The complaint reveals that Craigslist apparently considered eBay’s own classified ad server Kijiji—launched in 2005 and brought to the U.S. in mid-2007—to be an activity that competes with Craigslist and therefore invalidates some shareholder rights eBay acquired with its 28.4 percent stake. eBay says Craigslist’s interpretation of the terms is incorrect, and seeks to have the diluting transactions nullified.
eBay Sues Craigslist
Online auction giant eBay has filed suit against online classified service Craigslist, claiming Craigslist took unilateral actions that dilted eBay’s ownership of Craigslist by more than 10 percent. Back in 2004, eBay bought a 28.4 percent stake in Craigslist; although the suit is filed under seal in a Delaware Chancery Court, eBay is asking the court to rescind unspecified actions by Craigslist’s board of directors.
“Since negotiating our investment with Craigslist’s board in 2004, we have acted openly and in good faith as a minority shareholder,” said eBay senior VP and general counsel Mike Jacobson, in a statement, “so we were surprised by these recent unilateral actions. We are asking the Delaware court to rescind these recent actions in order to protect eBay’s stockholders and preserve our investment.”
Yahoo Extends Board Nomination Deadline
Yahoo announced today that it is extending the deadline to nominate candidates for its board of directors from March 14 to 10 days after the date of its annual shareholders’ meeting. But here’s here catch: Yahoo hasn’t actually announced a date for its shareholders’ meeting.
The move is widely seen as a way to give Yahoo more time to explore alternatives to Microsoft’s unsolicited $41 billion takeover bid for the Internet giant. Yahoo rejected the proposal saying it significantly undervalued the company; Microsoft said it wasn’t going to sweeten the deal, and started moves to initiate a “proxy takeover” by nominating its own board of directors for Yahoo, who would presumably vote to approve Microsoft’s takeover proposal.







