Just a day after hearing that T-Mobile lost its magenta suit against Telia, more bad news on the legal front has been handed down to the carrier. Just this week, the Supreme Court decided to reject T-Mob's appeal in a trifecta of cases "involving the legal remedies available in millions of cellphone contracts." Each case centered around the same issue: "whether state laws that limit the ability of companies to prohibit consumers from banding together to pursue class action lawsuits are preempted by federal law." In layman's terms, T-Mobile had attempted to ban class actions and require its customers to resolve any gripes via arbitration, which clearly didn't pan out so well. Hit the read link to read the rest, Mr. 1L.

[Via PhoneScoop]

It's been known for years that some of Sprint Nextel's Direct Connect spectrum causes bouts of interference with public safety equipment, and the FCC got the ball rolling on a plan several years ago for the carrier to swap some airwaves with agencies around the country by June of this year to keep everyone happy. Problem is, some 500 of those agencies still aren't ready to trade, and Sprint has taken issue with the fact that the FCC wants it to meet its end of the bargain by next month anyhow. Nevertheless, a federal appeals court has ruled in the FCC's favor, setting the wheels in motion for a possible massive loss of Nextel coverage on the drop-dead date of June 26 -- but industry analysts aren't too worried. Most seem to be predicting that the FCC will end up extending the deadline by six months or so anyway, so Kevin Martin and his ragtag gang must just love watching carriers sweat. Oh, not to mention a few million Direct Connect customers.

[Via Phone Scoop]

Ruh roh kiddos, looks like you'll still be asked to hand over your cellie before checking into first period in New York. Based on a recent decision handed down by a NY court, the controversial ban on cellphones on school property will continue to remain in effect, much to the chagrin of paranoid parents and text-happy students. The report made mention that the complaints over taking away kids' "lifelines" in school were not justifiable, and it restated just how many incidents had been reported where mobiles were used for harassment on school grounds. As expected, livid parents aren't likely to accept the results and get on with things, with the NY Daily News reporting that said folks may take the issue "to the state's highest court."

[Via CNET, image courtesy of MSNBC]

Good news coming from the Motorola camp? Say it ain't so! The long-standing feud between the flagging company and investor Carl Icahn has finally come to an end, and lo and behold, the pending litigation between the two has even been dismissed. Apparently the two parties managed to agree that (effective immediately) Keith Meister, a managing director of the Icahn investment funds and principal executive officer of Icahn Enterprises would be "appointed to serve on the [firm's board of directors]," and William R. Hambrecht, founder, chairman and CEO of WR Hambrecht + Co. and co-founder of Hambrecht & Quist, would be "nominated for election" during the 2008 annual shareholders meeting. Heck, Moto's even soliciting Mr. Icahn's input in dealing with the hopeful separation of businesses -- but then again, it would probably take advice from just about anyone given the current state of affairs.

Oh sure, we've seen alleged criminals wriggle out from under the strong arm of the law, but this one takes things to an entirely different platform. Reportedly, a truck driver in Germany was pulled over for yapping on his cellphone while cruising, but apparently, said trucker actually wasn't talking when the boys in blue saw his handset upside his melon. As the story goes, the 43-year old was actually using the freshly recharged mobile to "warm his ear" in an attempt to alleviate an earache. Astonishingly enough, he was even able to provide "an itemized telephone bill proving he had not been using the phone at the time he was stopped," thus, a court in Hamm accepted the excuse and let him go sans penalty. Something tells us this guy's got friends in low places.

[Via Switched]

Just days after the ITC upheld a December ruling that stated that Nokia did not violate Qualcomm patents, the UK High Court has handed down its decision on a lawsuit initially filed in May of 2006. If you'll recall, the case involved Nokia's GSM / GPRS / EDGE-only handsets and a pair of Qualcomm's patents "that cover certain power saving and power control technologies." Nearly two years after the spat got real, the court has ruled that "although the Nokia accused products included the patented technologies, the power saving patent is invalid and that the power control patent is partially valid but, insofar as it is valid, is not infringed by Nokia." Granted, we reckon that could have been spilled out with fewer complexities, but the end result has Qualcomm considering "whether to seek permission from the UK court to amend the patents and appeal the decision." Please, just let it go.

We remember when there was actually a glimmer of hope that the quarreling between these two may end -- man, was that a long time ago. Anyways, the International Trade Commission has reportedly upheld a judge's ruling made back in December which affirmed that Nokia did not violate Qualcomm patents. As expected, the latter firm expressed its utmost disappointment in the decision, and is already considering yet another appeal process. Then again, we may actually be a little sad if it didn't.

[Via PhoneScoop]

Simmer down, Verizon subscribers. A trial date has yet to be set, but apparently, an arbitrator has "certified a huge class action against Verizon Wireless" that could cost it nearly $1 billion in refunds of early termination fees. Reportedly, this case marks the "largest class ever certified in arbitration, with approximately 70 million members of the subscriber class." Essentially, the lawsuit is attempting to extract refunds for hordes of VZW customers that were charged with "illegal ETFs," and while a company spokesperson unsurprisingly declined comment, we're hearing that the trial could get going as early as mid-2008. That's two, who's next?

[Image courtesy of Spusa]

It's not a common occurrence for both sides of a court case to be pleased with His / Her Honor's decision, particularly in the appeal-plagued world of wireless patent law. Well, here's a little breath of fresh air: both Nokia and InterDigital are declaring victory in a ruling put forth by a London High Court, saying that "most" of InterDigital's patents aren't essential to the UMTS standard. Why's InterDigital so amped, then? Turns out that the court did declare one of its patents to be essential, which appears to be the first time that any court has ever declared a company's patent to be inseparable from UMTS itself, the world's predominant 3G standard. The whole ruling stems from a complaint filed by Nokia way back in 2005 as a proactive attack against a potential (and at that time, purely theoretical) InterDigital lawsuit over patent infringement; sure enough, InterDigital ended up filing a motion with the ITC not long ago that prompted an investigation, though this latest court action might throw a wet towel on that whole business. Then again, that one pesky patent that the court left untouched could end up causing a lot of trouble for Nokia -- and any other 3G handset manufacturer, for that matter -- that doesn't care to cough up the licensing fees.

[Via mocoNews]

No, this isn't some horrific dream stuck on repeat. The legal quarrels between Nokia and Qualcomm are actually still ongoing, and while a US International Trade Commission judge has indeed issued an initial determination that favors Nokia, you can bet your bottom dollar that Qualcomm will be "petitioning the commission for a review." Nevertheless, judge Paul Luckern reportedly "found no infringement or violation by Nokia of the three asserted Qualcomm patents," which consequently led Nokia's CFO to proclaim that this was simply "another failed attempt by Qualcomm to mislead both Nokia and the telecommunications industry." Of course, we wouldn't recommend striking this battle off as complete -- after all, the determination now has to be forwarded on to the full commission for review, and it's not slated to dole out a final call until April.

[Via Yahoo / Reuters]

We're tempted to believe that the latest news in the ongoing quarrel between Broadcom and Qualcomm is foreshadowing some form of closure, but considering just how long this thing has been going on, we suppose we shouldn't be so hopeful. Nevertheless, Broadcom has just announced that it will not seek a new trial and will accept the $19.6 million in damages originally awarded in a patent infringement case. The proclamation came after a federal judge affirmed the jury verdict that Qualcomm infringed on Broadcom patents but "removed an award of double damages." Of course, you knew these two bitter enemies couldn't just shake hands and call it even, as Broadcom did note that it would gladly pocket the near-$20 million award and "pursue an injunction against Qualcomm's infringing products." Surprised? Nah, we didn't think so.

Last we heard from the seemingly endless Nokia / Qualcomm kvetch-fest, the former company was soliciting the ITC's help in barring US Qualcomm chip imports, but for those wishing on their lucky stars that this spat would simply vanish into the night, we've got marginally good news. Apparently, a trio of judges in a Dutch court ruled that it didn't have jurisdiction to rule on the phone maker's claims outside of The Netherlands, thus, the patent-licensing case against Qualcomm was dismissed. Aside from claiming that its "jurisdiction was limited," the court also stated that Nokia's gripe was "too broad to give a reasoned decision." Of note, a German court also dismissed the case just last month on "similar grounds," but if you were counting on Nokia to just take the news in stride, we doubt you'll be pleased to hear that it's already "considering if it will appeal the decision."

Worried that Verizon's complaints about the open-access rules in the upcoming 700MHz spectrum auction would shake things up in a negative way? As of now, your anxiety is apparently unfounded. According to The New York Times, Verizon Wireless has "abandoned its legal challenge of the Federal Communications Commission's rules for its auction of radio spectrum, removing a potential obstacle to the much-anticipated sale." Interestingly, there's not a lot of backstory as to why the carrier suddenly decided that pressing on wasn't in its best interests, but we'll accept the white flag, regardless.

[Via ZDNet]

Regrettably, Verizon Wireless isn't the only carrier out there that once (or still does) recognized a mighty skewed definition of "unlimited" when it came to data plans, but for those still jaded from being cut off for "excessive use" earlier this year, justice has finally been served. The company has recently agreed to "reimburse the terminated subscribers for the cost of the laptop cards or laptop-connected cellphones" they purchased in order to surf the mobile broadband highway, and moreover, it'll be shelling out $150,000 in "penalties and costs" to New York state. Of course, the firm now makes clear that BroadbandAccess customers can be snubbed if they continuously stream audio / video content, enable P2P sharing or exceed 5GB of data usage per month, but it sounds like reimbursement is on the way for those disconnected when terms were more ambiguous.

If you had an inkling that Qualcomm's legal altercations were finally concluding, you'd be badly mistaken. Reportedly, the chip maker is now feuding with 19 of its own attorneys (or should we say, prior attorneys) over "who should shoulder the blame for what a judge called 'gross misconduct on a massive scale' at a past trial." Apparently, 21 crucial e-mails and some 200,000 pages of documents owned by Qualcomm were withheld until after Broadcom trials, which was unsurprisingly seen as a "carefully orchestrated plan and deadly determination to hold hostage the entire industry." Now, US Magistrate Judge Barbara Major is "considering sanctions" against the lawyers in question, which has placed their careers in danger and is "prolonging a damaging episode for Qualcomm." We're tempted to ask what could possibly happen next, but quite frankly, we're terrified of the answer.