Topic: Lawsuits

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    Waymo Drops Three of Four Patent Claims Against Uber (Jul 7, 2017)

    Waymo has dropped three of the four patent claims in its lawsuit against Uber, partially complying with a suggestion from the judge in the case. The patents dropped relate to a design which Waymo became aware of, but which Uber doesn’t actually use and has promised not to use going forward, making them much less important. The judge has indicated throughout the process that he largely believes Waymo’s claims about Anthony Levandowski downloading files and bringing them to Uber, but has also suggested that the patent part of the lawsuit is going to be tough to prove and should be set aside by Waymo. Uber is, of course, trumpeting the news as a sign that the whole thing is misguided, while at the same time seeking depositions of Alphabet executives with a few to showing that the suit is motivated by a desire to slow Uber’s efforts down rather than a true desire for legal redress. The tone of Uber’s statement to various outlets today certainly suggests that it isn’t backing down on its aggressive response following the departure of Travis Kalanick as CEO, answering one of the questions I posed at the time he stepped down. Ultimately, though, narrowing the case to a few key points and potentially even dropping the remaining patent claim is likely to give Waymo a better chance at winning in court, even if the scope of that win is smaller than it originally hoped. Update: later in the day, the judge granted Uber’s request to depose Larry Page for up to four hours, per Recode.

    via Recode

    Qualcomm Files New Case Against Apple and Asks ITC to Block Import of Intel iPhones (Jul 6, 2017)

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    Facebook Beats User Privacy Lawsuit, Fights Gag Order over Government Searches (Jul 3, 2017)

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    Uber Being Sued by Two Women Claiming Sexual Assault by Drivers (Jun 30, 2017)

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    Apple Adds New Claims to Qualcomm Lawsuit (Jun 20, 2017)

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    ★ Uber Fires Anthony Levandowski for Refusal to Cooperate in Lawsuit (May 30, 2017)

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    Apple Hires Senior Qualcomm Engineer as Wireless SoC Lead (May 29, 2017)

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    Apple and Nokia Settle Patent Litigation (May 23, 2017)

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    Uber Threatens to Fire Levandowski if He Doesn’t Comply with Court Orders (May 19, 2017)

    The judge in the Uber-Waymo case has told Uber in no uncertain terms that it has to do all it can to get its employee, Anthony Levandowski, to comply with the court’s orders in terms of handing over documents and disclosing other information relevant to the case. As such, given his continued unwillingness to cooperate, Uber has officially threatened to fire him – something it certainly doesn’t want to do – and his lawyers are now fighting back. Levandowski has throughout this process invoked his fifth amendment right against self-incrimination, but that in turn has made it harder for Uber to defend itself, because much of the most relevant information has been held back by Levandowski. At this point, it feels like both Uber and Levandowski are coming off badly around this whole situation, given that it seems very clear that Uber was working with Levandowski before he left Waymo, and Levandowski clearly feels he has something to hide. I very much doubt Levandowski will actually be fired, but it’s remarkable that he continues to resist these clear orders from the judge even as his job is at stake. Meanwhile, both parties – Levandowski and his employer – seem remarkably willing to throw each other under the bus, which says something both about the stakes here and the prevailing culture at the company.

    via WSJ

    Qualcomm Sues Apple Manufacturers Withholding Royalty Payments (May 17, 2017)

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    Waymo-Uber Injunction Made Public (May 15, 2017)

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    Uber’s Bid to Move Waymo Case to Arbitration Fails (May 11, 2017)

    We’ve already seen some juicy stuff come out of the Uber-Waymo case, and we’ve only been in the preliminary stages of the lawsuit. Uber had therefore understandably moved to have the case decided in arbitration rather than open court, away from public eyes, but it has today failed in that attempt as a judge decided the case will be heard in court as Waymo wanted. That, in turn, means we’ll likely have lots more details about Uber and Anthony Levandowski’s actions aired in court, something Uber likely desperately wanted to avoid given all the bad press it’s already had since the beginning of the year over its support for the Trump administration, its toxic culture, its CEO’s treatment of drivers, and so on and so forth. And of course, there’s still the possibility the case ultimately goes against Uber, though based on the preliminary hearings it sounded like Waymo hadn’t yet found its smoking gun in proving that Uber and Levandowski stole and used confidential information. However, the judge has referred the case to the US Attorney for consideration as a criminal case as well, so things just keep getting worse for Uber here. see also this Axios piece, which not only does a better job of explaining the situation with regard to arbitration but includes a rebuke of Uber by the judge. And lastly notes that Waymo has been granted a partial injunction against Uber, though the details remain secret.

    via Reuters

     

    Imagination Technologies Looks to Escalate Patent Argument with Apple (May 4, 2017)

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    Waymo and Uber Make Arguments in Court Over LIDAR Stealing Allegations (May 3, 2017)

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    Qualcomm Reportedly Seeking to Ban US iPhone Imports Over Apple Non-Payment (May 3, 2017)

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    ★ Qualcomm Announces Apple is Withholding Payments, Reduces Guidance (Apr 28, 2017)

    In commenting on Qualcomm’s recent earnings report, I mentioned that if Apple and its suppliers continued to hold back royalty payments as part of their dispute, Qualcomm would be affected more severely in future quarters than in Q1, and that has now proven to be the case. In Qualcomm’s original guidance for this quarter, it had said that its guidance range didn’t include a scenario where it received no payments at all from these companies, but it now appears that’s the scenario that’s playing out. Apple has said it won’t make any payments until the dispute is resolved and new royalty rates set, which is a great way to put pressure on Qualcomm to either settle quickly or at least move the court case along swiftly, but means Qualcomm will be severely impacted in the meantime. It’ll be very interesting to hear Apple’s commentary on all this on its earnings call next Tuesday because it will have to set aside at least some of the amounts due as a contingency, and I’m curious to see how that affects its reported costs and margins.

    via WSJ

    Uber Self-Driving Exec Levandowski Removed from Autonomy Role During Lawsuit (Apr 28, 2017)

    Anthony Levandowski, who has until now led Uber’s self-driving group, has been removed from his role during the lawsuit between the company and Waymo over the alleged stealing of LIDAR technology by Levandowski. He’s staying at Uber, and will continue in various other responsibilities there, but will no longer be involved in the area of technology which is at the heart of the case, which means that group will have a new lead from among the group of employees Uber poached from Carnegie Mellon some years ago. That’s interesting, because there’s been some conflict between Levandowski’s group and the CM group at Uber in the past. This week, Levandowski also failed in his bid to use the 5th amendment to protect himself and Uber during the lawsuit, which should make the case both more interesting and potentially more damaging for him. Uber has tried to distance itself from the issues at the core of the lawsuit, suggesting that the alleged actions would have been taken Levandowski operating as an individual employee rather than on behalf of the company, but that argument is getting harder to make. Removing Levandowski at least limits the perception that he’s still using what he learned at Waymo to help Uber with its own LIDAR technology, something Uber has denied all along. The lawsuit, meanwhile, is getting increasingly nasty, with Uber targeting senior Waymo executives for depositions apparently on the basis of mere spite, because they have nothing to do with the details of the litigation.

    via Business Insider

    Bose Denies Wiretapping or Personally Identifying Users Through Tracking App (Apr 22, 2017)

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    Many Big Tech Companies (but not Apple) File Brief Opposing New Trump Travel Ban (Apr 20, 2017)

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    Qualcomm Details Apple Dispute Financials in Earnings Release (Apr 19, 2017)

    Qualcomm has just reported its earnings for the March quarter, and one of the most interesting aspects is its commentary on its dispute with Apple. It says that Apple’s suppliers reported but did not pay around $1 billion in royalties in the quarter, which exactly offset the $1 billion Qualcomm is refusing to pay Apple under the Cooperation Agreement the two companies have, and which Qualcomm says Apple breached. Importantly, that Agreement ended in December, so there are no more payments to be withheld, which means if Apple suppliers continue to withhold royalty payments, they’d affect Qualcomm financially going forward in a way they didn’t this past quarter. As such, it’s given a wider EPS guidance range (25 cents) than usual (it was 10 cents in the last two quarters, for example) because of the uncertainty over these royalty payments (the math here is tricky but I reckon that’s about a $400m range in net income terms). Beyond the Apple dispute, the results are a little tricky this quarter because on paper they look terrible, with revenues and profits way down over the same quarter last year. But that’s partly because Qualcomm had to reduce from its GAAP revenues the nearly one billion dollars it’s due to pay BlackBerry as a result of arbitration between the two companies. The actual results are much better, in keeping with recent trends at Qualcomm, lawsuits aside.

    via Qualcomm (see also slide deck)