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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]

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]

MetroPCS and Virgin Mobile scrap over MetroFlash program

Last year, MetroPCS kicked off the respectably ballsy practice of inviting competitors' subscribers to bring their CDMA phones over to get flashed for use on its network, prompting Virgin -- a carrier that plays in the same value space as MetroPCS -- to take issue. Long story short, Virgin ended up filing a lawsuit against MetroPCS citing a couple claims: one, that MetroPCS is willfully interfering with Virgin's customer contracts, and two, that the flashing ultimately results in a trademark violation since Virgin's logo is still on the phone. Funny how law works, isn't it? Anyhow, a court's thrown out the contract claim but is allowing the trademark issue to proceed, making this an interesting one to watch. In the meantime, anyone looking at bailing to MetroPCS and planning on taking some hardware along for the ride might want to look into that sooner rather than later -- you never know what sorts of injunctions might come out of this.

[Via Phone Scoop]

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]

Nokia / InterDigital patent drama continues with ITC ruling in Espoo's favor

Corporate legal teams are so large, so powerful, and often so evenly-matched that when you combine them with the glacial wheels of justice, patent disputes can take years to resolve -- in fact, we'd say it's the rule rather than the exception -- and inevitably, they end in anticlimactic fashion with the alleged offender agreeing to shell out some fraction of the plaintiff's original request in exchange for sweeping the whole matter under the rug. Nokia's had its fair share of such spats, and one that's been dogging the company for a good long while now is with InterDigital, which has been systematically targeting firms in the industry for years with claims that it holds patents inherently required for UMTS -- in other words, if you make UMTS gear, you automatically owe InterDigital money. Of course, Nokia has been politely disagreeing with that claim all along, and the US International Trade Commission has just issued an initial determination in its favor, saying that it doesn't violate the four patents InterDigital's all worked up over. For the record, the US ITC has been investigating this issue for a solid two years now, so yeah, if someone's ripping off your IP, don't expect a speedy resolution. The commission's initial determination will be followed by a final, binding determination this December; in the meantime; Espoo "will continue to present its case." Now that we think about it, we're pretty sure we saw this episode of Law & Order already.

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?

Sprint lays out process for selling some iDEN assets, making iPCS happy

Sprint's fight with iPCS continues to wage on multiple fronts, all of which have been ongoing for eons -- especially the whole iDEN tussle in the wake of Sprint's merger with Nextel. Most recently, that little soap opera had seen an Illinois court rule that Sprint's got to divest some iPCS-controlled iDEN markets to bring it back into contractual compliance and restore Mother Nature's balance, and now Sprint's gotten around to announcing how that process is going to work. In short, it seems like a free-for-all -- the company has apparently put out a few feelers for buyers, but anyone it hasn't contacted is invited to hook up with Citi, who's managing the ordeal on Sprint's behalf. The carrier says that it expects everything to be squared away by January 25 of next year, which is when the court-imposed deadline falls; in the meantime, subscribers, stay cool, because Sprint says that service will continue uninterrupted and expects any transition to be seamless.

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]

AT&T / Cingular class action gets go ahead from federal court

This one goes back a little ways, but a U.S. District Court in Seattle has now given the go ahead to a class action lawsuit brought by former AT&T Wireless subscribers, who have complained that their service went downhill after the company was bought by Cingular and ultimately became the new AT&T. They're also not too happy that they were forced to pay to get new Cingular phones, and they're now asking that AT&T pay back all those extra charges, plus the usual damages, of course. For its part, AT&T isn't saying anything more than that it "respectfully" disagrees with the court's decision, and that it's now studying the ruling and considering its options.

Antenna developer sues boatloads of manufacturers

Modern phones deeply rely on the ability to efficiently switch between two, three, or even more bands, a sad reality of the patchwork map of available spectrum the nations of the world have imposed on themselves. That kind of multiband tech requires really awesome miniaturized antenna tech, and a Spanish company, Fractus, says that a whole bunch of the world's top-tier manufacturers are blatantly violating its IP in the field. It's suing Samsung, LG, RIM, Pantech, Kyocera, Palm, HTC, Sharp, UTStarcom, and Sanyo for allegedly infringing on a total of nine patents it holds; the company doesn't specify what kinds of damages it's seeking, but something tells us it's a huge-ish number. Considering that we're pretty big fans of reception, this is a suit we can kinda get behind -- assuming Fractus' claims are legit, of course.

[Via Phone Scoop]

Court allowing iPCS to proceed with fight against Sprint's Clearwire deal

Sprint affiliate iPCS' post-Nextel merger beef with the carrier goes beyond the Nextel market issue; they've also been making noise over the deal that has married Sprint's WiMAX efforts with Clearwire's, claiming that it's sharing awesome technology and other "benefits" with Clearwire that it also has a legal obligation to share with its affiliates. To that end, the Illinois-based company has scored another court win that allows its WiMAX-related lawsuit to proceed, though not without also dropping a claim to collect "undetermined" damages against Sprint that the judge determined iPCS was not entitled to collect under the terms of its agreement. Like the endless Nokia / Qualcomm and Broadcom / Qualcomm legal dramas, this is shaping up to be one for the ages -- so sit back, relax, get your popcorn ready, and make sure you've got a full legal reference at your side.

[Via Phone Scoop]

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.

HTC granted stay of execution in German patent case

The temporary injunction filed against HTC in Germany in its battle with patent holding firm IPCom has been repealed -- at least for now -- by an appellate court, allowing sales of forthcoming 3G devices bearing affected chipsets to continue until the case proceeds in four weeks' time. This should be absolutely splendid news for Germans concerned that the case might affect their ability to get in on the Magic come next month; ultimately, the case could theoretically lead to a sales stoppage, but the way things are lined up now, it seems like there'll be at least a slim window of opportunity for would-be owners to get their Android on without fear of IPCom putting the kibosh on the party. We'll continue to follow this drama as it progresses, but we'll reiterate what we'd said before: in all likelihood, this'll end with HTC shelling out some undisclosed settlement, and seeing how the company has already said that it's investigating alternative chipsets, it'll be a moot point before too long, anyway.

Apple, AT&T get sued for misleading 3G claims, again

Is there a better way to ring in the first day of spring than with another lawsuit aimed at Apple and AT&T? Probably, but apparently not for Damone Dickerson, who has filed a lawsuit in the United States District Court for the District of New Jersey that again takes aim at the pair over allegedly misleading claims about 3G speeds. According to Dickerson, he has only be able to connect to the 3G network a "fraction of the time," and when he was able to connect it did not provide "full and continual service." As a result, he's leveled a whole host of charges against the two companies, which he hopes will result in them changing their advertising and, of course, allow him to "recover compensatory, statutory and punitive damages." No word from Apple or AT&T, naturally, but Apple has recently asked that a similar case in New York be dismissed.




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