Apple loses iPhone ruling in Brazil

13 February 2013 Last updated at 21:00 GMT Gradiente launched its Android-powered iphone in Brazil in December Brazilian regulators have ruled that Apple does not have exclusive rights to use the "iPhone" trademark in the country.

But the US tech giant has already lodged an appeal against the decision with the Brazilian regulators.

The ruling is the result of a local company, Gradiente Eletronica, registering the name in 2000, seven years before the US firm.

Apple can continue to sell iPhone-branded handsets in Brazil.

But the decision means that Gradiente has an option of suing for exclusivity in South America's biggest market.

The Institute of Industrial Property (INPI) told the BBC that its decision only applied to handsets, and that the California-based company continued to have exclusive rights to use the iPhone name elsewhere including on clothing, in software and across publications.

Appeal

INPI added that Apple had argued that it should have been given full rights since Gradiente had not released a product using the iPhone name until December 2012.

Apple is asking the INPI to cancel Gradiente's registration through expiration - it is arguing that the Brazilian firm did not use the name between January 2008 and January 2013.

The Manaus-headquartered company now sells its Android-powered iPhone Neo One for 599 reals ($304; £196).

Bloomberg previously reported that the chairman of Gradiente had said: "We're open to a dialogue for anything, anytime... we're not radicals."

Apple's most recent financial results revealed its cash reserves had grown to $137bn (£88bn).

The firm's manufacturing partner, Foxconn, currently produces iPhones and iPads among other equipment at its facilities in Brazil.

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Apple told to disclose HTC deal

22 November 2012 Last updated at 06:30 GMT Patent disputes with Apple have resulted in a ban on some of Samsung's gadgets being sold in the US A US judge has ordered Apple to disclose details of its patent-sharing deal with HTC to its rival, Samsung.

Apple and HTC signed a 10-year licence agreement earlier this month, but did not make the details public.

Samsung, which is also involved in various patent disputes with Apple, asked the courts to tell Apple to furnish the information.

It said it was "almost certain" the deal covered some of the patents at the centre of its dispute with Apple.

The court ordered Apple to produce a full copy of the settlement agreement "without delay", subject to an "attorneys' eyes only" designation, meaning it will not be made public.

The deal between Apple and HTC saw the two firms settle all their outstanding disputes over patents, ending a fight that began in March 2010.

According to some reports, the two companies were fighting almost 20 cases across the globe.

Legal advantage

While that fight has ended, Apple is still involved in legal tussles with Samsung.

The two rivals have filed cases against each other in more than 10 countries, each accusing the other of violating its patents.

Earlier this year, a Californian court awarded Apple $1.05bn (£652m) in damages against Samsung, after ruling that several of its software and design technologies had been infringed.

However, the South Korean firm has appealed against the ruling and has called for a retrial.

Some analysts said that the latest decision by the court, giving Samsung access to Apple's deal with HTC, may have a big impact on Samsung's legal battle with Apple.

"It is clearly a very smart move from Samsung - because the general feeling is that a lot of its patent disputes with Apple are very likely to be similar to those between HTC and Apple," Andrew Milroy of consultancy Frost & Sullivan told the BBC.

"And if there are similarities, it gives Samsung an advantage in any future legal issues and negotiations with Apple."

'Bad time'

The decision is the latest setback for Apple in its various legal clashes with rivals.

Last month, Apple lost its appeal against a UK ruling that Samsung had not infringed its design rights.

A UK judge ruled Samsung's product did not infringe Apple's design rights

In a further blow, the US technology firm was asked by a UK High Court to publish a statement on its website admitting that Samsung had not infringed its designs.

Sales bans sought by Apple against Samsung's Galaxy Nexus phone and Samsung's Galaxy Tab 10.1 tablet computer in the US were also lifted in October.

Then, earlier this month, a judge in the US dismissed a case brought by Apple alleging that Google's Motorola unit was seeking excessive royalty payments for patents.

"Apple has been having a really bad time of late in its legal battles," said Mr Milroy. "They are going to have to re-examine the legal approach they take from here on."

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Exclusive: Amazon to win out over Apple in e-book price tussle

A customer looks over the iPad mini after the device went on sale at Apple's retail store in Palo Alto, California November 2, 2012.

Credit: Reuters/Robert Galbraith

By Foo Yun Chee

BRUSSELS | Tue Nov 6, 2012 10:32am EST

BRUSSELS (Reuters) - European Union regulators are to accept an offer by Apple and four publishers to end an antitrust probe into their e-book prices, two sources said, handing Amazon victory in a bid to sell online books cheaper than its rivals, sources said.

The case underscores the battle between retailers and publishers over pricing control of e-books, which publishers hope will boost revenue and increase customers.

Apple and the publishers have offered to let retailers set their own prices or discounts for a period of two years, and also to suspend "most-favored nation" contracts for five years, the sources said.

Such clauses bar publishers from making deals with rival retailers to sell e-books more cheaply than Apple.

Apple, Simon & Schuster, News Corp. unit HarperCollins, Lagardere SCA's Hachette Livre and Verlagsgruppe Georg von Holtzbrinck, the owner of German company Macmillan, made the proposal in September.

The EU antitrust authority was investigating the companies' e-book pricing, which critics say prevents Amazon and other retailers from undercutting Apple's charges.

Pearson Plc's Penguin group, which is also under investigation, did not take part in the offer.

The European Commission, which in September asked for feedback from rivals and consumers about the proposal, has not asked for more concessions, said one of sources.

"The Commission is likely to accept the offer and announce its decision next month," the person said on Tuesday.

Antoine Colombani, spokesman for competition policy at the executive European Commission, declined to comment.

(Editing by Luke Baker and Rex Merrifield)

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