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AT&T loses request for injunction against Verizon's Map for That ads

Looks like AT&T's not getting its holiday wish after all -- a federal judge just ruled against Ma Bell's request to have Verizon's Map For That ads pulled off the air. That doesn't mean that this whole thing is over, though: the judge called the ads "sneaky" and said that it was possible people might misunderstand them because "most people who are watching TV are semi-catatonic." Whether or not that's enough to support a legal conclusion that the ads are misleading is a fight for another day -- specifically December 16th, when AT&T will have a second chance to argue its case. Still, this is a big win for Verizon -- everyone ready to be inundated with these ads for the next month?

Verizon responds to AT&T's Map For That lawsuit: 'the truth hurts'

Sure, Verizon's doubled down on the 3G map ads in response to AT&T's false advertising lawsuit, but eventually the company's lawyers had to file a response and, well, ain't nobody backing down in this one. Here's the freaking introduction:
AT&T did not file this lawsuit because Verizon's "There's A Map For That" advertisements are untrue; AT&T sued because Verizon's ads are true and the truth hurts.
Yeah. It's gonna be like that. Verizon goes on to argue that even AT&T concedes the maps are accurate, and that pulling any of the ads off the air without proof that they're misleading consumers would be unfair, and that at the very least both parties need time to investigate further. Honestly? We've read it over a couple times now and while the legal arguments are certainly interesting, it's hard not to get the impression that Verizon drafted this response with publication in mind -- check out this quote:
In the final analysis, AT&T seeks emergency relief because Verizon's side-by-side, apples-to-apples comparison of its own 3G coverage with AT&T's confirms what the marketplace has been saying for months: AT&T failed to invest adequately in the necessary infrastructure to expand its 3G coverage to support its growth in smartphone business, and the usefulness of its service to smartphone users has suffered accordingly.
See what we mean? Now, we still think there's some merit to the idea that Verizon's ads improperly conflate 3G coverage area with 3G service quality, but that's really not what AT&T's arguing -- hell, it's busy pimping EDGE. We'll see if these two can solve their differences and get back to work, but we've got the feeling this thing ain't over yet.

Update: Here's the PDF, in case you're interested.

AT&T adds Verizon's Island of Misfit Toys holiday ads to lawsuit, demands they be yanked off the air

Well, you knew this was coming -- AT&T's amended its advertising lawsuit against Verizon to include Big Red's new holiday ads, including that oh-so-cute Island of Misfit Toys spot, and demanded that they be taken off the air. At question is the same map of AT&T's 3G coverage used in the other commercial, which Ma Bell says misleads customers into thinking it has no service at all in large swaths of the country. Best part? AT&T's lawyers had to describe the ad in their new filing, leading to passages like this:
The spotted elephant, in a surprised manner, asks the iPhone "What are you doing here? You can download apps and browse the web!" and a Dolly for Sue asserts that "Yeah. People will love you [the iPhone]."
Happy holidays, folks.

Read - Digital Daily
Read - AT&T's amended complaint [PDF]

Quigo ad placement

Samsung pays Qualcomm $1.3 billion to secure wireless licenses

Samsung and Qualcomm have wrapped up a cross-licensing deal with ten figures of US currency in it, which will permit the Korean giant to continue producing 3G- and 4G-enabled wireless devices for the next 15 years. In exchange, Samsung is letting Qualcomm make use of its own 57 patents on mobile technology and splashing out a further $1.3 billion as a down payment. Further royalty payments are involved, but not detailed, but just as a reference point, that's more than the new Dallas Cowboys stadium and its ultra-huge scoreboard cost to build. The move is a renewal of the two companies' current arrangement and Samsung has boldly claimed the terms of the new contract are more favorable to it, but we get the feeling the champagne will be flowing in San Diego this week.

[Via MobileTechWorld]

AT&T sues Verizon over 'there's a map for that' ads

Whoa -- we just got word that AT&T is suing Verizon for false advertising over Big Red's "There's a map for that" ads. We're reading the complaint and motion to stop the ads right now, but here's what AT&T says is the big problem:
In essence, we believe the ads mislead consumers into believing that AT&T doesn't offer ANY wireless service in the vast majority of the country. In fact, AT&T's wireless network blankets the US, reaching approximately 296M people. Additionally, our 3G service is available in over 9,600 cities and towns. Verizon's misleading advertising tactics appear to be a response to AT&T's strong leadership in smartphones. We have twice the number of smartphone customers... and we've beaten them two quarters in a row on net post-paid subscribers. We also had lower churn -- a sign that customers are quite happy with the service they receive.
AT&T also says its network reaches about the same number of people as Verizon's, so we're thinking it's a little miffed that it's being portrayed as an also-ran here. We'll update as we learn more, keep it locked!

Update: So this seems like a very narrow lawsuit, actually. As we've been told, AT&T thinks Verizon is trying to fool viewers into thinking that they can't use any AT&T phone services outside of 3G coverage areas by showing two essentially different maps. Since Verizon's entire network is 3G, the gaps in the red map are actual service gaps -- but Verizon doesn't show that the gaps on the AT&T map might be covered by AT&T's huge 2G network. We can see how that could be misleading, but at some point you've got to compare apples to apples, and AT&T even says it has "no quarrel with Verizon advertising its larger 3G network" in its complaint, so we'll see how the court reacts.

Update 2: Interestingly, Verizon's already changed the ads once at AT&T's behest, editing them to remove the phrase "out of touch" and adding a "Voice and data services available outside of 3G areas" small print disclaimer at the end. Apparently that wasn't enough for AT&T, which says the ads still confuse non-technical viewers into thinking AT&T provides no service at all outside of its 3G coverage.

Update 3: Okay, we've read everything -- there's really not much more to this suit than the arguments over the maps. We're thinking Verizon could have easily dealt with this by just using dark blue and light blue on the AT&T map to differentiate between 3G and 2G coverage, but at this point we don't think Ma Bell is all that interested in anything except getting these ads off the air. All that said, it's hard to deny that Verizon's ads made a perfectly valid point: using an iPhone on AT&T's network in New York or San Francisco is an exercise in frustration, regardless of whether you have 2G or 3G, and we've had zero problems on Verizon. Let's just hope AT&T is working as hard to fight these ads with its actual service as it is with its lawyers.


Nokia sues Apple, says iPhone infringes ten patents

Boom. Nokia's just hit Apple with a patent infringement lawsuit, claiming that "all iPhones models shipped" infringe on ten of Espoo's patents relating to GSM, UMTS, and WiFi. According to Nokia's press release, the patents in question have been licensed by some 40 other companies, "including virtually all the leading mobile device vendors," and Apple's refused to agree to "appropriate" license terms. That's pretty vague, actually -- it could either mean that Apple was willing to license the patents at a price less than what Nokia demanded, or it could mean that Apple refused to pay at all. We'll obviously be covering this one in great detail as it progresses -- stay tuned for a fun decade or so of litigation.

[Thanks to everyone who sent this in]

Quigo ad placement

Sprint proves money can solve problems, buys iPCS to settle litigation

Considering Sprint's financial position and the overall credit market, we're not exactly sure where the carrier managed to pick up $831 million, which it promptly used to acquire affiliate iPCS and take on $405 million of net debt. If you'll recall, the aforesaid youngin' was worrying papa way back in May of 2008, and it seems that Sprint has finally had enough of this whole "litigation" thing. The acquisition puts all of the court battling to rest (or at least it's expected to), enabling the operator to stop divesting its iDEN network in select iPCS markets. Money may not buy happiness, but it sure buys a good muzzle.

[Via Reuters]

New Zealand making drivers with cellphone navigation criminals, hugs ok for now (updated)

Starting in November, use of your cellphone's GPS navigation capabilities will be illegal for drivers on New Zealand roadways while dedicated SatNav devices without voice capability are still ok. In fact, use of your modern cellphone as an in-vehicle MP3 player, compass, etc. will all be illegal under Road User Amendment Rule 2009. Here's how it reads currently:
"A driver must not, while driving a vehicle, create, send, or read a text message on a mobile phone or make, receive, or terminate a telephone call on a mobile phone or use a mobile phone in any other way."
A law this broad would also make your car's integrated cellphone entertainment system illegal. There are exceptions of course, one of which allows drivers to use a mobile phone to make, receive, or terminate a telephone call if the phone is mounted in the vehicle and the driver "manipulates the phone infrequently and briefly," even though studies have already concluded that hands-free solutions are still distracting and thus, dangerous. Yeah, the whole thing sounds arbitrary, over-reaching, and completely unenforceable to us as well.

Update: Put down the pitchforks and torches, it looks like the law is already en route for amendment to allow cellphone "satellite navigation or music functions."

[Via Stuff, image courtesy of joannapapa5100]

Google hits Android ROM modder with a cease-and-desist letter


So this is interesting: apparently Google's hit the developer of the Cyanogen modded Android ROM with a cease-and-desist letter, asking him to stop distributing the closed-source Google apps like Gmail, Maps, and YouTube. What's a little strange is that Cyanogen is targeted at "Google Experience" devices like the G1 and myTouch, so it's not like Google is really protecting anything here -- leading us to wonder if they're just using the copyright argument to shut down a popular mod that's tempted over 30,000 users into rooting their phones. That's just speculation on our part, though -- the dev says he's trying to open a dialogue with Google, so perhaps we'll find out some more answers soon.

[Via Android and Me]

FCC to propose new net neutrality rules disallowing data discrimination


Based on what we're hearing, a slate of soon-to-be-proposed FCC rules may stop the likes of Comcast from discriminating against P2P applications on their networks, and AT&T sure will have a tougher time justifying why it won't let the iPhone's version of SlingPlayer run on 3G while giving WinMo and BlackBerry users all the bandwidth they can handle. Julius Genachowski, the new chairman of the entity, is slated to discuss the new rules on Monday, though he isn't expected to dig too deep into the minutiae. Essentially, the guidelines will "prevent wireless companies from blocking internet applications and prevent them from discriminating (or acting as gatekeepers) [against] web content and services." We know what you're thinking: "Huzzah!" And in general, that's probably the right reaction to have as a consumer, but one has to wonder how network quality for all will be affected if everyone is cut loose to, well, cut loose. Oh, and if this forces telecoms to deploy more cell sites to handle the influx in traffic, you can rest assured that the bill will be passed on to you. Ain't nuthin' free, kids.

[Thanks to everyone who sent this in]

RIM settles with patent holder Visto to the tune of $267.5 million

Research in Motion hit a milestone today, only "achievement" wouldn't necessarily be the best way to describe it. The BlackBerry maker has finally ended a long-running patent dispute with Visto Corp., paying out $267.5 million to settle the matter -- a much larger fee than the $7.7 million Visto got from Seven Networks, but conversely a fraction of the reported $612.5 million RIM paid to settle with NTP years back. With it, however, comes a fully paid license to use Visto's patents, and some of the plaintiff's intellectual property by way of transferred ownership. So now that we can move on from that dispute, who's next to take the mantle and vie for a piece of BlackBerry's pie?

Attention Sprint Treo 600 owners: you're owed $27.50


Sure, Sprint and Palm are hoping the Pre turns the page on their relatively dark recent past, but karma's a bitch sometimes -- the other Palm news this week is that Sprint and Palm have settled a class-action lawsuit alleging the two companies misled customers into thinking there'd be WiFi and Bluetooth accessories for the Treo 600. Remember how crushed we all were when nothing ever hit the market? The pain was almost immeasurable -- unless you're a class-action settlement attorney, in which case you instinctively know anyone who bought a Sprint Treo 600 before October 27, 2004 is owed either a $20 Sprint service credit or a $27.50 credit to be used in Palm's online store. So, anyone still have their Treo 600 receipts from 2004? Yeah, we didn't think so.

[Via TamsPalm]

Broadcom and Qualcomm agree to stop suing one another, but not to stop hating


Truthfully, we're having a hard time coming to grips with this. For as long as we wished that these two would stop bickering, it's actually tough to swallow the fact that we'll never again be able to write about "yet another lawsuit" between Qualcomm and Broadcom (in theory, anyway). After nearly three full years of fighting with pencils, papers and soulless words, the courtroom throwdowns are finally ceasing. In a shocking development, the two rivals have entered into a settlement and multi-year patent agreement that will "result in the dismissal with prejudice of all litigation between the companies, including all patent infringement claims in the International Trade Commission and US District Court in Santa Ana, as well as the withdrawal by Broadcom of its complaints to the European Commission and the Korea Fair Trade Commission." The exact terms of the deal are posted after the break, though you should know that Qualcomm will have to shell out $891 million in cash (ouch!) over the next four years. The lawyers may be out of work, but you can rest assured that there's no shortage of abhorrence between these frenemies.

Google, LG settle visual voicemail patent suits with Klausner

As expected, Google and LG have joined Apple, AT&T, and Verizon in settling their visual voicemail patent lawsuits with Klausner Technologies. The LG agreement is the more straightforward of the two, since it covers LG devices like the Versa directly, but things get more complicated with Google since it doesn't actually make its own phones -- Klausner wouldn't say if the agreement shielded Android licensees from patent claims. We're hoping Google's attorneys got it all sorted out, but we'll see who else is next on Klausner's naughty list.

Read - Google
Read - LG

Apple sued over iPhone screen rendering tech

You've probably never heard of Picsel Technologies, but the Scottish company claims that its technologies are in over 250m handsets worldwide from manufacturers like Motorola, Nokia, Palm, Samsung and Sony Ericsson -- and, if a lawsuit it filed today is to be believed, Apple. Picsel says the iPhone infringes on a patented method of accelerated screen updating, and as usual, the answer is probably going to be for Uncle Steve to open his $25 billion piggy bank and dole out some cash. On the other hand, Apple legal might take a little batting practice before they start hunting the big game, but honestly, that's just us wishing for a little Friday night drama.




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