Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Thursday, April 19, 2018

Chinese regulators express concern over Qualcomm + NXP

China's Ministry of Commerce is expressing market consolidation concerns over Qualcomm's pending acquisition of NXP Semiconductor and its operations in China. The Ministry will require Qualcomm to resubmit its antitrust application with additional information.


  • NXP Semiconductors N.V., which headquartered in Eindhoven, Netherlands, employs approximately 45,000 people in more than 35 countries and is known for its mixed-signal semiconductor electronics. The company was known as Philips Semiconductor prior to 2006.  Key markets include automotive, broad-based microcontrollers, secure identification, network processing and RF power. NXP has a broad customer base, serving more than 25,000 customers through its direct sales channel and global network of distribution channel partners.

Monday, April 16, 2018

U.S. Commerce Dept. bans exports to ZTE

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has imposed a denial of export privileges against Zhongxing Telecommunications Equipment Corporation (ZTE) of China.

The ban prohibits companies or individuals from participating in any way in an export transaction with ZTE. The order prohibits "Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations."

“ZTE made false statements to the U.S. Government when they were originally caught and put on the Entity List, made false statements during the reprieve it was given, and made false statements again during its probation...  Instead of reprimanding ZTE staff and senior management, ZTE rewarded them.  This egregious behavior cannot be ignored,” said Secretary of Commerce Ross.

In a press statement, ZTE said it is aware of the denial order activated by the United States Department of Commerce and that it is currently assessing the full range of potential implications.

https://www.commerce.gov/sites/commerce.gov/files/zte_denial_order.pdf

U.S. Dept. of Commerce Ruling Hits ZTE and Suppliers

The U.S. Department of Commerce has added ZTE to the list of entities involved in "activities contrary to the national security or foreign policy interests of the United States."

The Export Administration Regulations (EAR) listing, which limits the availability of most license exceptions on U.S. technology sales to ZTE, was driven by a finding that ZTE willingly resold restricted U.S. technology products to Iran during the period of economic sanctions,

The move could block U.S. semiconductor companies from selling to ZTE, potentially impacting a wide range of networking gear and mobile devices.

ZTE said it is working expeditiously towards resolution of this issue and that it is fully committed to compliance with the laws and regulations of the jurisdictions in which it operates.

https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-05104.pdf


FBI Opens Criminal Investigation into ZTE Shipments to Iran

The FBI has opened a criminal investigation into whether ZTE shipped U.S.-made networking components and surveillance equipment to Iran.  According to various news sources, including Reuters, The Washington Post and The Smoking Gun, various documents have emerged, including a shipping manifest, related to a $130 million sales contract between ZTE and the Telecommunications Company of Iran.  Equipment reportedly includes systems from Cisco, Dell, Hewlett-Packard, Juniper, Microsoft, Oracle and Symantec.

Friday, April 13, 2018

Former CEO of Alaska's Quintillion is accused of fraud

Elizabeth Ann Pierce, the former CEO of Quintillion, a telecommunications firm building a subsea and terrestrial fiber network in Alaska, has been arrested and charged with fraud by U.S. federal authorities.

The allegations accuse Pierce with a scheme to use forged guaranteed revenue contracts to fraudulently induce investors to invest more than $250 million in the fiber optic cable network in Alaska. The faked documents reportedly assured that Quintillion would collect hundreds of millions of dollars in future revenue, but proved to be worthless. The fraudulent activity is said to have occurred between 2015 and 2017.

U.S. Attorney Geoffrey S. Berman said: "To realize her plan to build a fiber optic system that would service Alaska and connect it to the lower 48 states, Elizabeth Ann Pierce allegedly convinced two investment companies that she had secured signed contracts that would supposedly generate hundreds of millions of dollars in guaranteed future revenue from the system.  As it turned out, those sales agreements were worthless because the customers had not signed them.  Instead, as alleged, Pierce had forged counterparty signatures on contract after contract.  As a result of Pierce’s deception, the investment companies were left with a system that is worth far less than Pierce had led them to believe."

In a statement, Quintillion says it "self-reported" last year to the U.S Department of Justice when it became aware of the alleged actions and that it is cooperating with authorities. The company says the ongoing investigation has not impacted its network operations. An interim CEO, George Tronsrue III, was appointed last August when Pierce abruptly resigned.

https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-arrest-former-ceo-alaska-based-fiber-optic-company

In December 2017, Quintillion announced the activation of commercial service on its new subsea fiber optic cable system serving five northern Alaska communities: Utqiaġvik, Wainwright, Point Hope, Nome, and Kotzebue.

Installation of the Alaska Arctic portion of the international Quintillion Subsea Cable System was completed in early October.

Quintillion’s subsea and terrestrial fiber optic network spans 1,400 miles, including a subsea trunk line from Prudhoe Bay to Nome with branching lines to the five communities.

Quintillion is aiming to extend its Arctic subsea cable system westwards to Asia (phase 2) and then eastwards to Europe (phase 3).

In July 2015, Quintillion Subsea Holdings awarded a turnkey contract to Alcatel-Lucent for the design and construction of a submarine cable system in Alaska from Prudhoe Bay to Nome.

Monday, April 2, 2018

Limelight and Akamai finally settle all legal disputes

Limelight Networks and Akamai Technologies have signed a binding Memorandum of Understanding that settles all outstanding legal disputes between the parties. The parties also agreed to license certain patents to one another as part of the settlement. Financial terms were not disclosed.

Both companies specialize in digital content delivery.

“We are pleased to finally have these disputes behind us,” said Bob Lento, Limelight’s Chief Executive Officer. “We remain focused on our top strategic priorities, including customer satisfaction, employee growth and retention, and delivering superior returns to our shareholders.”

Friday, April 28, 2017

Dispute Intensifies between Apple and Qualcomm

Qualcomm reported that it has been informed by Apple that Apple is withholding payments to its contract manufacturers for the royalties those contract manufacturers owe under their licenses with Qualcomm for sales during the quarter ended March 31, 2017.

Qualcomm's statement:

“Apple is improperly interfering with Qualcomm’s long-standing agreements with Qualcomm’s licensees,” said Don Rosenberg, executive vice president and general counsel of Qualcomm.  “These license agreements remain valid and enforceable.  While Apple has acknowledged that payment is owed for the use of Qualcomm’s valuable intellectual property, it nevertheless continues to interfere with our contracts.  Apple has now unilaterally declared the contract terms unacceptable; the same terms that have applied to iPhones and cellular-enabled iPads for a decade.  Apple’s continued interference with Qualcomm’s agreements to which Apple is not a party is wrongful and the latest step in Apple's global attack on Qualcomm.  We will continue vigorously to defend our business model, and pursue our right to protect and receive fair value for our technological contributions to the industry.”

http://www.qualcomm.com

Tuesday, December 13, 2016

Symantec Files Patent Complaint Against Zscaler

Symantec has filed a patent infringement lawsuit against Zscaler, asserting violation of seven Symantec patents across a variety of network security technologies including web security, data loss prevention, threat prevention, access control and antivirus techniques. This lawsuit is based on U.S. Patent Nos. 6,279,113; 7,203,959; 7,246,227; 7,392,543; 7,735,116; 8,181,036; and 8,661,498.

https://www.symantec.com/about/newsroom/press-releases/2016/symantec_1212_01

Tuesday, October 25, 2016

The Daily Beast Discloses AT&T's "Hemisphere" Tracking Program

The Daily Beast published details on "Hemisphere," a secret program run by AT&T to provide law enforcement agencies with location data gleaned from trillions of call records.

The searches are performed by AT&T without legal warrants but with administrative subpoena, according to the report, as a product for the law enforcement agencies.

The Daily Beast article also says alleges that the Hemisphere has grown to become a very lucrative operation for AT&T.

http://www.thedailybeast.com/articles/2016/10/25/at-t-is-spying-on-americans-for-profit.html

Tuesday, August 23, 2016

Cisco Confirms Import Ban for Infringing Arista Products

In a blog posting, Cisco's Mark Chandler confirmed that the office of the U.S. Trade Representative has stated that the International Trade Commission’s import ban and cease and desist order covering all Arista products that infringed three core Cisco patents is now in effect.

In the statement, Chandler said Cisco is prepared to bring an enforcement action if Arista violates the ban and continues to sell or support infringing products.

http://blogs.cisco.com/news/protecting-innovation-facing-the-facts

Cisco Prevails over Arista in Patent Case


Cisco has prevailed in a long-running patent dispute with Arista (the '944 case). On Thursday, the International Trade Commission issued a Final Determination that Arista’s products infringe three Cisco patents. Two of the patents cover Cisco’s private VLAN network security technology which Arista included in its switches. The third covers Cisco’s proprietary core SysDB technology. Additional court ruling are expected in the coming months for a...


Thursday, June 23, 2016

Cisco Prevails over Arista in Patent Case

Cisco has prevailed in a long-running patent dispute with Arista (the '944 case).

On Thursday, the International Trade Commission issued a Final Determination that Arista’s products infringe three Cisco patents. Two of the patents cover Cisco’s private VLAN network security technology which Arista included in its switches. The third covers Cisco’s proprietary core SysDB technology.

Additional court ruling are expected in the coming months for a different group of patents covered by a second ITC investigation (the ‘945 Investigation). A further trial covering patent and copyright infringement is expected in November.

In a blog post, Mark Chandler, General Counsel at Cisco, writes the ITC remedies include an exclusion order, which would ban all Arista switches and their components from importation into the U.S., and a cease and desist order blocking them from building infringing products in the US that are comprised of any imported components.

Arista has as much as acknowledged the infringement of the Private VLAN patents, announcing that they will discontinue the private VLAN feature “for now,” belying their claim that they had developed workarounds.  The remedies also include a cease and desist order prohibiting the marketing, sale, and distribution of infringing Arista switches in the U.S. These orders are scheduled to go into effect at the end of the Presidential Review Period on August 23, 2016. Arista made much of the fact that it had challenged the validity of Cisco’s patents. Arista did not challenge the validity of the Private VLAN patents, however, and the Patent and Trademark Office declined to institute review proceedings on six claims in the SysDB patent which the ITC found infringed.

For its part, Arista noted that the ITC ruled in its favor with respect to two of the five patents under investigation (U.S. Patent Nos. 7,290,164 and 7,340,597), finding that two accused Arista features do not infringe the asserted claims. Arista previously announced that it has released a new version of its EOS software containing design-arounds that it believes address the ITC’s findings with respect to the features implicated in the Final Determination. Arista said it intends to seek appropriate regulatory approvals for these design-arounds.

http://blogs.cisco.com/news/final-itc-determination
http://investors.arista.com/company/investors-relations/press-releases/press-release-details/2016/ITC-Issues-Final-Determination-in-944-Investigation/default.aspx


Monday, March 7, 2016

U.S. Dept. of Commerce Ruling Hits ZTE and Suppliers

The U.S. Department of Commerce has added ZTE to the list of entities involved in "activities contrary to the national security or foreign policy interests of the United States."

The Export Administration Regulations (EAR) listing, which limits the availability of most license exceptions on U.S. technology sales to ZTE, was driven by a finding that ZTE willingly resold restricted U.S. technology products to Iran during the period of economic sanctions,

The move could block U.S. semiconductor companies from selling to ZTE, potentially impacting a wide range of networking gear and mobile devices.

ZTE said it is working expeditiously towards resolution of this issue and that it is fully committed to compliance with the laws and regulations of the jurisdictions in which it operates.

https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-05104.pdf


FBI Opens Criminal Investigation into ZTE Shipments to Iran

The FBI has opened a criminal investigation into whether ZTE shipped U.S.-made networking components and surveillance equipment to Iran.  According to various news sources, including Reuters, The Washington Post and The Smoking Gun, various documents have emerged, including a shipping manifest, related to a $130 million sales contract between ZTE and the Telecommunications Company of Iran.  Equipment reportedly includes systems from Cisco, Dell, Hewlett-Packard, Juniper, Microsoft, Oracle and Symantec.
http://www.thesmokinggun.com/documents/fbi-probes-zte-iran-deal-645912
http://www.washingtonpost.com/

Tuesday, February 2, 2016

Cisco vs Arista Ruling from ITC: 3 Patent Violations, 2 Patents Cleared

The International Trade Commission (ITC) issued an initial determination in a patent infringement case brought by Cisco against Arista Networks.

The ruling found that Arista violated three of Cisco's patents: U.S. Patent 7,162,537 (“[E]xternally Managing Router Configuration Data … With A Centralized Database”) (Sysdb) and U.S. Patent Nos. 6,741,592 and 7,200,145 (Private VLANs).

Cisco said the ruling foreshadows an exclusion order banning imports of all Arista switches (implemented after confirmation by the full Commission).

Arista Networks noted that the ruling found that it did not infringe two of five patents being asserted in this case, thus clearing two of the four accused features in its EOS.

Arista said it also intends to fully address the infringement allegations with a new release of EOS available for software download in Q2 2016.

“Our primary focus is the continued supply of products to our customers. We respect the administrative process and the tireless work of the ALJ in this preliminary decision. We strongly believe that we have not infringed any of the patents in the investigation and look forward to the final determination of the full commission in June 2016,” said Marc Taxay, Vice President, General Counsel of Arista Networks.

Cisco filed the ITC complaint against Arista on December 19, 2014.

http://www.arista.com
http://blogs.cisco.com/news/protecting-innovation-itc-initial-determination

Tuesday, January 19, 2016

Polaris Wireless Prevails in Patent Dispute Against TruePosition

Polaris Wireless, which provides high-accuracy, software-based wireless location solutions, prevailed in a patent dispute filed by TruePosition.  The United States Court of Appeals for the Federal Circuit in Washington D.C. affirmed Polaris’ wins at the USPTO (United States Patent and Trademark Office) and District Court. All asserted claims were found to be invalid. The complaint was brought by TruePosition in 2012.

http://www.polariswireless.com


Monday, December 21, 2015

Ericsson and Apple Settle Patent Dispute

Ericsson and Apple have signed off on a global patent license agreement, ending a long-running legal dispute in multiple jurisdictions and a case before the U.S. International Trade Commission..  As part of a seven-year agreement, Apple will make an initial payment to Ericsson and, thereafter, will pay on-going royalties. Financial terms were not disclosed.

The deal includes a cross license that covers patents relating to both companies' standard-essential patents (including the GSM, UMTS and LTE cellular standards), and grants certain other patent rights. In addition, the agreement includes releases that resolve all pending patent-infringement litigation between the companies.

Ericsson did note that the positive effects from the settlement, and alongside the ongoing IPR business with all other licensees, will bring its estimated IPR revenues will amount to SEK 13-14 b.

"We are pleased with this new agreement with Apple, which clears the way for both companies to continue to focus on bringing new technology to the global market, and opens up for more joint business opportunities in the future," said Kasim Alfalahi, Chief Intellectual Property Officer at Ericsson.

http://www.ericsson.com/news/1974964

Friday, October 30, 2015

SAP and Google Enter Patent Cross-Licensing Deal

Google and SAP have entered into a long-term patent cross licensing agreement that covers a broad range of products and technologies.

Both companies joined the LOT Network in 2014, a community-based patent-licensing agreement designed to reduce for its members patent troll litigation and the growing practice of patent privateering.

“We are pleased to enter into this agreement with a leading global technology company like SAP and welcome discussions with any company interested in similar arrangements,” said Kirk Dailey, Head of Patent Transactions at Google. “Cross-license agreements like this enable companies to focus on bringing great products and services to consumers around the world.”

http://www.sap.com

Thursday, August 13, 2015

Akamai Prevails in Long Running Patent Dispute with Limelight Networks

The U.S. Court of Appeals for the Federal Circuit sitting en banc held that Limelight Networks is liable for direct infringement of a content delivery patent asserted by Akamai Technologies.

In 2008, a jury had returned a verdict that Limelight was infringing the patent and awarded Akamai over $45 million in damages. The ruling reinstates liability for infringement, which had been overturned in a post-trial ruling that has been the subject of appellate proceedings since.

"We are extremely pleased with The Federal Circuit's decision," said Aaron Ahola, Deputy General Counsel at Akamai.  "Akamai is at the forefront of innovation on the Internet and today's ruling recognizes the strength of our intellectual property.  We believe strongly that a company's intellectual property is a vital asset which must be defended to protect shareholder value. "

http://www.akamai.com

Sunday, May 10, 2015

Ericsson Sues Apple in Germany, UK, the Netherlands

Ericsson has filed new lawsuits against Apple in Germany, the United Kingdom and the Netherlands. The suits refer to the 2G and 4G/LTE standards, as well as other technology that is not standardized, but is related, such as the design of semiconductor components and non-cellular wireless communications.

Ericsson says it has attempted to reach a licensing agreement with Apple for more than two years to no avail.

http://www.ericsson.com/news/1920053

Monday, March 9, 2015

Coriant and Fujitsu Resolve Litigation

Coriant and Fujitsu Limited have now resolved all of their pending claims, counterclaims and appeals against each other, in a confidential settlement agreement. The patent and intellectual property claims concerned Tellabs, which was acquired in December 2013 by Marlin Equity Partners, a global investment firm. The stipulations of dismissal will be filed in the trial and appellate courts.

http://www.coriant.com

Coriant introduced a compact packet optical transport platform optimized for service enablement at the edge of metro networks, including Data Center Interconnect (DCI), flexible business services, mobile backhaul, and SONET/SDH 

  • In January 2008, Fujitsu Network Communications announced a patent infringement lawsuit asserting that Tellabs' products infringe four of Fujitsu's U.S. patents covering optical communication technologies. The accused products include the Tellabs 7100 Optical Transport System, Tellabs 5500 series and Tellabs 6300 series.  Later that year, Tellabs filed a countersuit against Fujitsu.

Sunday, March 1, 2015

Ericsson Sues Apple for Patent Infringement

Ericsson announced a patent infringement lawsuit against Apple, saying many of its patents are essential to the 2G, 3G and 4G/LTE standards; others are critical to other non-standardized aspects of Apple's devices. Apple's global license agreement for Ericsson's mobile technology expired last month.  Ericsson said Apple has declined to take a new license offered on FRAND terms.

Specifically, Ericsson filed a complaint with the U.S. International Trade Commission (ITC) requesting an exclusion order against Apple's products for infringing Ericsson patents that are essential to the 2G and 4G/LTE standards.

Ericsson also filed a second ITC complaint seeking an exclusion order and multiple complaints in the United States District Court for the Eastern District of Texas requesting damages and injunctions for infringement of patents that are critical to many other aspects of Apple's devices.

http://www.ericsson.com

Saturday, February 7, 2015

Arista Comments on Cisco ITC Litigation

In a press statement, Arista Networks reiterated its view that the two complaints made by Cisco before the the International Trade Commission (ITC) lack merit.  Arista said Cisco’s unorthodox methods of publicizing them suggest a deliberate effort by Cisco to use the courts to gain a marketing opportunity.

“The Commission institutes an investigation in response to virtually every complaint that is filed. Thus, the decision to institute based upon Cisco’s complaints is an expected procedural event,” said Marc Taxay, Vice President and General Counsel for Arista Networks. “Naturally, we will aggressively defend against Cisco’s allegations and look forward to presenting our case to the Commission.”

Arista will report its financial results on Thursday, February 19th.

http://investors.arista.com/company/investors-relations/press-releases/press-release-details/2015/Arista-Networks-to-Announce-Q4-and-Fiscal-Year-2014-Financial-Results-on-Thursday-February-19th/default.aspx

Thursday, June 12, 2014

Deutsche Telekom Publishes Legal Intercept Records

Deutsche Telekom published figures on the number of times in 2013 that it was legally obligated to provide information to the security authorities and to enable interception measures in Germany.

The record shows that a total of 49,796 lines were intercepted by German authorities on DT's network. In addition, requests were received for a total of 436,331 data traffic records, the number of requests for subscriber master data totaled 28,162, and requests were received in a total of 946,641 cases for data on IP address owners in connection with civil law proceedings on copyright violations.

http://www.telekom.com/corporate-responsibility/data-protection/More+Articles/239498

See also