Barnes & Noble and Microsoft are currently tied up in two separate legal battles, one being heard by the Department of Justice and the other by the International Trade Commission. In March 2011, like previous Android vendors, Microsoft accused Barnes & Noble’s NOOK and NOOK Color of infringing on the company’s patents. The software giant, which takes in roughly $450 million a year through Android royalties, was looking to license the infringed patents to the bookseller, but the company fired back with claims that Microsoft was creating an abusive monopoly. It is now being suggested by patent expert Florian Muller of FOSS Patents that the ITC is likely to reject Barnes & Noble’s antitrust complaint against Microsoft, however. The complete order is not publicly available, but an administrative law judge has reportedly dismissed Barnes & Noble’s patent misuse defense against Microsoft . The judge issued a detailed order that has not yet been made public, but the headline reads, “Initial Determination Granting Microsoft’s Motion for Summary Determination of Respondents’ First Affirmative Defense of Patent Misuse.” The ITC evidentiary hearing will begin on Monday, February 6th.

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Apple recently filed to appeal a December 19th ITC ruling that found HTC was infringing on just one of Apple’s patents. Patent expert Florian Muller of FOSS Patents said that Apple filed for the appeal on December 29th, and that it is likely Apple wants a more favorable ruling on the original case that includes a judgement on whether or not HTC is infringing on a real-time API patent. “It’s clear that Apple’s appeal of the ITC ruling at least aims to broaden the scope of the import ban by including the ’263 patent,” Muller explained. “If Apple succeeded, this would greatly increase the business impact of the import ban.” The original ban, which involved patents related to “data tapping,” is set to go into effect on April 19th, but HTC said it already has workaround ready to be deployed that will allow the company to circumvent the ban. “Whatever the scope of Apple’s appeal against the ITC may be, I believe Apple has realistic chances of winning a better outcome,” Muller argued.

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Motorola Mobility has filed a patent lawsuit against Apple in a Florida federal court. The phone maker is accusing Apple of infringing on six patents related to messaging, antennas, software and data filtering with its mobile devices, Reuters said. Motorola also argued that Apple’s iPhone 4S specifically infringes on one of its patents. Just two weeks ago, the International Trade Commission (ITC) ruled that Motorola’s handsets did not infringe three Apple patents. The Mannheim Regional Court in Germany also ruled to ban sales of various iPhone and iPad models in December, although Apple has been given the opportunity to remove the infringing technology from its devices to avoid a ban in the country.

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Apple is warring with Samsung yet again in Germany. The iPhone maker filed another suit against Samsung and this time is arguing that the slide-to-unlock feature on the Galaxy Nexus infringes on an intellectual property right called a “utility model,” patent expert Florian Muller wrote on his website FOSS Patents Friday. Apple reportedly registered the utility model in 2006 and said it wasn’t able to use its utility model against Samsung’s Galaxy Nexus in court yet because the phone is so new. Muller said the court will issue a ruling, a stay, or decide to appoint an expert to help the judges decide if Apple’s utility model is “obvious or non-obvious” on March 16th. Earlier on Friday, a German court cleared Apple of an accusation that it infringed on one of seven Samsung patents.

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AT&T has settled a patent lawsuit with TiVo in which it will pay the DVR vendor $215 million through June 2018, including an initial payment of $51 million. AT&T will also pay “incremental recurring per subscriber monthly license fees” to TiVo through July 2018 if its subscriber base surpasses a certain level, TiVo said in a statement Wednesday. AT&T and TiVo were locked in a patent battle after AT&T began to market its own digital video recorder using a technology patented by TiVo. TiVo also recently settled similar lawsuits with Dish Network and EchoStar Corp. Read on for more.

“We are extremely pleased to reach an agreement with AT&T, which acknowledges the value of our intellectual property,” said Tom Rogers, CEO and President of TiVo. “This settlement, on the heels of our recent operational success that has resulted in the growth of TiVo’s overall subscriber base, is another major accomplishment for TiVo and we believe a great outcome for our shareholders. The combination of guaranteed payments and future additional fees paid to TiVo in the event that AT&T’s pay TV business continues to grow in-line with consensus analyst expectations, represents hard-earned compensation for our IP enforcement efforts.”

Rogers continued, “The settlement also provides us rights to innovate TiVo products and services under license from AT&T and allows us to avoid significant legal expenses that we expect would have been incurred by us during and after trial.” TiVo’s full press release follows below.

TiVo Announces Settlement of Patent Litigation With AT&T; TiVo and AT&T Enter Into a Patent Licensing Arrangement

ALVISO, CA — (Marketwire) — 01/03/2012 — TiVo Inc. (NASDAQ: TIVO) announced today that it has settled its pending patent litigation with AT&T and that the companies have entered into a mutual patent licensing arrangement. Under the terms of the settlement, AT&T agreed to pay TiVo an initial payment of $51 million, followed by recurring quarterly guaranteed payments through June 2018, totaling $164 million, which together yield minimum payments of $215 million. In addition to these minimum payments, AT&T will pay incremental recurring per subscriber monthly license fees through July 2018 should AT&T’s DVR subscriber base exceed certain levels.

As part of the settlement, TiVo and AT&T agreed to dismiss all pending litigation between the companies with prejudice. The parties also entered into a cross license of their respective patent portfolios in the advanced television field.

“We are extremely pleased to reach an agreement with AT&T, which acknowledges the value of our intellectual property,” said Tom Rogers, CEO and President of TiVo. “This settlement, on the heels of our recent operational success that has resulted in the growth of TiVo’s overall subscriber base, is another major accomplishment for TiVo and we believe a great outcome for our shareholders. The combination of guaranteed payments and future additional fees paid to TiVo in the event that AT&T’s pay TV business continues to grow in-line with consensus analyst expectations, represents hard-earned compensation for our IP enforcement efforts. The settlement also provides us rights to innovate TiVo products and services under license from AT&T and allows us to avoid significant legal expenses that we expect would have been incurred by us during and after trial.”

The United States International Trade Commission ruled late Tuesday that Motorola Mobility is guilty of infringing on one of Microsoft’s patents. The patent is related to calendar sync and how one might use a device to schedule a meeting, BBC News explained. Microsoft originally filed a suit against Motorola Mobility in August in an attempt to block sales of several Motorola Android smartphones, such as DROID 2, DROID X and several others, and accused Motorola Mobility of infringing on seven total patents. The ITC judge ruled that Motorola Mobility devices do not infringe on six of Microsoft’s patents, however. Microsoft recently filed a similar lawsuit against Barnes & Noble, and the company has already reached licensing agreements with HTC, Samsung, ViewSonic and several other firms. “The ones who can actually sit back and relax as they watch this are those who have concluded license deals with Microsoft (or other patent holders) and don’t have to worry about possible or actual import bans, possible or impossible workarounds, or further escalation,” patent expert Florian Mueller of FOSS Patents explained recently.

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British Telecommunications (BT) has filed a patent infringement complaint against Google with the U.S. District Court of Delaware in which it has accused Google of “willfully” infringing on six patents. BT is seeking “triple” damages and a injunction against Google, patent expert Florian Muller wrote recently on his website, FOSS Patents. ”BT brings this action to recover the just compensation it is owed and to prevent Google from continuing to benefit from BT’s inventions without authorization,” the suit says. The patents are related to a “service provision system for communications networks,” a “navigation information system,” a “telecommunications apparatus and method,” a “communications node for providing network based information service,” an “information system” and method for “storage and retrieval of location based information in a distributed network of data storage devices.” As FOSS Patents suggests, these are all patents that might be employed by Google’s Android operating system. BT joins a number of other companies that have filed similar patent complaints against Google and its Android partners.

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A judge with the United States International Trade Commission (ITC) ruled Monday that HTC is guilty of infringing Apple’s patents in several devices. The ITC also ordered a ban on the import of several of HTC’s smartphones although it is unclear which models are affected. The ban will take effect on April 19th. “Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in this investigation and has issued a limited exclusion order prohibiting importation of infringing personal data and mobile communications devices and related software,” the ITC said in its determination. “The Commission has determined that exclusion of articles subject to this order shall commence on April 19, 2012.” Raed on for more.

UPDATE: HTC gave BGR a statement regarding the ITC ruling, which can be read in its entirety here.

The injunction applies to two patents related to “data tapping,” and “if Google can implement this popular feature, which users of modern-day smartphones really expect, without infringing on the two patent claims found infringed, this import ban won’t have any effect whatsoever,” patent expert Florian Muller of FOSS Patents said in a post.

Apple accused HTC of infringing on 10 total patents and the ITC ruled in July that HTC was in violation of two of those patents. HTC later filed for an appeal of the case, in which Apple sought to ban the Taiwan-based vendor from selling its devices in the United States. “We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it,” Apple’s late CEO Steve Jobs said in March, 2010, when the complaint was initially filed.

Apple recently lost a trademark suit in China after it attempted to sue a Chinese firm for infringing on its iPad trademark. Apple originally filed a complaint against Proview Technology, which argued that it registered for the iPad trademark in 2000, long before Apple introduced the tablet. Proview Technology says it continues to use the iPad moniker in China and several other countries and is now seeking $1.5 billion in compensation from Apple. The iPhone maker has six Apple Stores in China and, according to Reuters, executives believe they have just “scratched the surface” in terms of the sales potential that the Chinese market will offer. The company plans to open more stores to help fight a growing outcrop of fake Apple Store locations and, as such, it is important for Apple to be able to use the iPad trademark in the country.

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Samsung recently filed lawsuits in Japan and Australia in an attempt to prevent Apple from selling the iPhone 4S. In addition, Samsung is seeking to block the sale of the iPad 2 and the original iPhone 4 in Japan, Bloomberg said Monday. In September, the South Korea-based phone maker also filed motions to ban the iPhone 4S in France and Italy. “Apple has continued to violate our patent rights and free ride on our technology,” Samsung said. “We will no longer stand idly by and will steadfastly protect our intellectual property.” Apple filed similar lawsuits against Samsung in the United States, Australia, Japan, France and the Netherlands. The iPhone maker successfully prevented Samsung’s local subsidiaries from selling the Galaxy Tab 10.1 in Australia and the Galaxy S, Galaxy Ace and Galaxy S II in the Netherlands. Samsung recently announced that it will tweak its the aforementioned smartphones in an effort to dodge the European sales ban.

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A judge with the United States International Trade Commission has ruled that Apple is not infringing on four of HTC’s patents related to phone dialing and battery power management, Reuters said Monday. HTC originally filed the lawsuit in May of last year when it sought a ban on the import of Apple’s iPhone, iPad and iPod touch. The final ruling in the case will occur in February when the verdict of a full commission is revealed. Apple and HTC have been locked in a number of legal battles. Apple first sued HTC in March and a U.S. ITC judge found HTC guilty of infringing on two of Apple’s patents in July. HTC has said it will appeal that ruling.

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Samsung will upgrade its Galaxy S, Galaxy S II and Galaxy Ace smartphones in the Netherlands in an effort to get around an injunction that prevented its local subsidiaries from selling the devices. In August, a Dutch judge banned Samsung’s Netherlands-based companies from selling the aforementioned smartphones after ruling it guilty of infringing on Apple’s patents. However, the judge also said Samsung had until October 14th to make changes that would allow it to bring the phones to market. “We’ve fixed the technological problem and upgraded products to address the issue,” Samsung spokesperson James Chung told Reuters. “They will be shortly available for sale.” Samsung is locked in similar legal battles with Apple in the United States, France, Australia and Japan.
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Microsoft and Amazon signed a licensing agreement in February last year that covers technology used in the Kindle and various other products. That agreement does not cover Amazon’s new Android-powered Kindle Fire tablet, BGR has learned, which means Amazon could be coughing up hefty licensing fees to Microsoft in the near future. The Redmond-based company recently signed a cross-licensing agreement with Samsung and has similar deals in place with HTC, ViewSonic and other Android device vendors. Microsoft will take home an estimated $444 million in 2012 from Android royalties according to a recent Goldman Sachs report, and the Redmond-based firm’s warpath is likely to continue. Read on for more.

“In 2010, we signed a cross-licensing agreement with Amazon that includes coverage for Amazon’s popular e-reading device, Kindle, which employs both open source and Amazon’s proprietary software components, and Amazon’s use of Linux-based servers. Our agreement does not cover Android tablets,” a Microsoft spokesperson told BGR. “Amazon is a valued and respected business partner. Our previous agreement is a reflection of our ongoing collaboration and we look forward to building on this relationship.”

Microsoft said it will not comment on further action it may or may not take against Amazon related to the Kindle Fire, but considering the company’s recent moves, Microsoft may already be pursuing a new licensing agreement with Amazon similar to the deals it struck with HTC and Samsung. As Microsoft’s general counsel Brad Smith recently told AllThingsD during an interview, ”So far we have not seen a single Android device that does not infringe on our patents.”

The United States International Trade Commission will re-investigate claims that HTC is infringing on Apple’s patents. In July, a judge ruled HTC was guilty of infringing on two of Apple’s patents that covered “a system and method for performing an action on a structure in computer-generated data,” and “a real-time signal processing system for serially transmitted data.” HTC quickly said it would appeal the decision, noting it has a strong case against Apple. HTC fired back and sued the iPhone maker for patent infringement in August when it accused Apple of infringing on three of its patents. HTC said it was disappointed in “Apple’s constant attempts at litigation instead of competing fairly in the market,” and even said it was willing to bury the hatchet in the ongoing patent battles. Apple and HTC must send in written submissions and “proposed remedial orders” related to the case by October 6th. The U.S. ITC will complete its investigation by December 6th, Bloomberg said.

[Via Bloomberg]

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The Düsseldorf regional court in Germany announced on Tuesday that it is partially lifting its original injunction that banned Samsung from selling its Galaxy Tab 10.1 tablet in all of the European Union except for the Netherlands. Samsung is now allowed to sell the tablet in the whole of the European Union except for Germany. According to The Wall Street Journal, a court spokesperson said that it was unclear if it was even possible for the German court to stop Samsung from selling its tablet outside of Germany. Despite the ruling, which allows Samsung Electronics to sell the Galaxy Tab 10.1 in most of Europe, Samsung’s German arm still cannot sell the tablet in Germany or anywhere in the European Union. Samsung is presumably still scheduled to appeal the ban on August 25th. Apple also recently blocked Samsung from selling the Galaxy Tab 10.1 in Australia until a court there rules whether or not the tablet is infringing on 10 of Apple’s patents. On Monday, reports surfaced suggesting that Apple has doctored its evidence in is patent case about Samsung, although the legitimacy of those claims remains unclear.