Judge Rules Xbox Does Not Infringe Google Patent

Fans of Xbox can relax.  A US judge has ruled that Microsoft's Xbox system does not violate Google's Motorola Mobility patent.  The decision was made by the US International Trade Commission Judge David Shaw, who decided to take Microsoft's side in this case.

The Xbox is the most popular game console in this country, reporting higher sales every year than Sony PlayStation or Nintendo’s Wii.  Last year alone, the Xbox generated more than $9.6 million in sales, and accounted for 13% of Microsoft's revenue.

In 2010, Motorola Mobility filed a complaint with the International Trade Commission, in retaliation for a demand made by Microsoft for royalties on Motorola cell phones that used Google’s Android Operating System.  That led to allegations by Microsoft as well as regulators that Motorola Mobility was abusing its patents to limit competition. 

In January, Motorola Mobility dropped at least 2 video-decoding patent lawsuits.  That decision came after Google settled with the US Federal Trade Commission, and reached an agreement regarding how the company would deal with patents related to standards applied to the industry. 

In April last year, the judge decided that 4 out of the 5 patents in this case were infringed.  However, the International Trade Commission asked him to review the case again.

Patent infringement litigation is a complicated area of law, because it includes not just legal aspects but also technological aspects.  These lawsuits revolve around which individual or which company is the legitimate owner of the patent, and has the right to use the ideas included in the patent. 

If you are a patent owner, who believes that his property has been wrongfully infringed on by the use, distribution, manufacture and sale of a product that uses the patent, contact a California patent infringement lawyer to learn how you can protect your rights.

Record Highs in Workplace Disability Discrimination Claims

The number of workplace discrimination claims alleging disability-based bias skyrocketed last year, touching record highs.  According to the Equal Employment Opportunity Commission, it received more complaints of job bias related to disability, than ever before. 

In 2012, according to the Equal Employment Opportunity Commission, the agency received 26,379 claims that alleged workplace discrimination based on disability.  That was an increase from 25,742 claims filed in 2011.

Out of all the disability-related workplace discrimination claims that were filed last year, the agency found meritorious allegations in about 5907 of the claims.

The increase in disability-related workplace discrimination claims filed with the Equal Employment Opportunity Commission came even though there was a decrease in the overall number of discrimination and workplace bias complaints filed with the agency.  Last year, there was a significant decline in the number of job bias complaints filed with the Equal Employment Opportunity Commission with a total of 99,412 complaints filed.

The sad part of the matter for Los Angeles employment lawyers is that the number of disability discrimination complaints filed with the Equal Employment Opportunity Commission was high not just in 2012, but has been consistently high and increasing every year.  Since 2005 at least, the number of employment claims alleging discrimination based on disability, have continued to increase.

That is an extremely sad situation because it indicates that even with the passing of the Americans with Disabilities Act employers continue to discriminate against people who face physical and mental challenges.  These persons may find that they are not considered for promotions, and not considered for certain jobs even though they are physically and mentally capable of performing those jobs.

Nike Wins Supreme Court Victory in Patent Infringement Lawsuit

The United States Supreme Court has ruled in favor of Nike Inc. prohibiting a smaller sneaker manufacturer from suing to void Nike’s Air Force 1 sneaker trademark.

In a unanimous court decision, the Supreme Court ruled that because Nike had promised not to proceed with a patent infringement lawsuit against Texas-based Already LLC, which manufactures the Yums sneakers, Already cannot proceed with its own infringement lawsuit.  The decision upheld a ruling by the 2^nd US Circuit Court Of Appeals in New York in November 2011. 

In 2009, Nike had filed a lawsuit that claimed that two sneakers, Sugar and Soulja Boy manufactured by Already infringed on Nike's trademark.  The company claimed that they were infringements on a number of features including stitching, and eyelet panels. 

However, Already then filed a lawsuit to void the trademark.  Soon after, Nike dropped the lawsuit, and promised under a covenant not to file a lawsuit against Already.  But Already refused to drop its lawsuit, accusing the bigger sneaker manufacturer of dropping its lawsuit to avoid jurisdiction.

The Supreme Court has ruled that allowing the Already lawsuit to proceed would encourage other companies to use the threat of lawsuits as a weapon, instead of a final resort for settlement of disputes.  In the future, Los Angeles patent infringement lawyers would likely find larger companies filing intellectual property infringement lawsuits against smaller companies, not because of any threat from these companies, but merely because they are competitors.

According to the Supreme Court, it was not possible to rule for Already in this matter, because doing so would mean similar standards for other smaller companies in the future. 

Payment Dispute Leads to Impoundment of Steve Jobs’ Yacht

A dispute over pending payments recently led to Apple founder Steve Jobs’ yacht being impounded in Amsterdam.  However, the dispute has now been settled after Jobs estate settled the pending amount, allowing the yacht to sail once again.

The yacht cost more than €100 million to build, and was designed by French designer Philippe Starck.  Jobs owed €9 million to the designer in commission fees for his work on the vessel, but the designer claimed that he only received €6 million after the completion of the project.  Jobs never got to use the minimalist vessel called Venus.  After Jobs’ death, Starck filed to recover his dues.

So why did Jobs leave the payment pending at the time of his death?  The problem seems to have been that both Jobs and Starck engaged in a lot of personal negotiations and discussions about the project.  Unfortunately, most of these discussions were completed orally, and were not put down in a formal contract.

The dispute seems to have arisen out of the lack of a formal detailed contract between Jobs and Starck, outlining the payment details, and the payment schedule.  In the absence of a proper contract, California business dispute lawyers found that there was confusion clouding many of these financial issues.  As a result, Starck had no other option, but to go to court in order to recover his dues.

Jobs’ estate has now cleared the pending dues, and has deposited an undisclosed amount in the bank as a security deposit.  The yacht has been ruled free to sail out of the Amsterdam port.  The yacht is expected to sail soon to California, where the Jobs family will take custody of the yacht.

Risks of Carbon Monoxide Poisoning in Schools

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Doctors and California carbon monoxide poisoning lawyers advise that carbon monoxide detectors be installed not only in homes, but also in public buildings like schools.  That's because children may be at risk of monoxide poisoning, as happened recently at a school in Georgia.  In spite of these risks, few schools have installed these alarms, and only 2 states have made it mandatory to install such alarms in schools.

Only Maryland and Connecticut have laws that require schools to have carbon monoxide alarms installed their classrooms.  This is in spite of the fact that over the past 5 years at least, there have been several incidents in which students have been forced to evacuate classrooms because of the risk of carbon monoxide poisoning.  According to an investigation by USA Today, since 2007 alone, there were at least 19 incidents in which students had to be evacuated from their classrooms because of fears of carbon monoxide poisoning.  These evacuations involved more than 3,000 children.

Carbon monoxide is a colorless, odorless gas, and the fumes may begin to impact students and teachers before people even know what is going on.  By the time people get alerted to the fact that there are toxic fumes in the school building, it may be too late to act. In 2010, according to a report by the National Fire Protection Association, there were 81,100 carbon monoxide poisoning incidents that were reported.  None of these resulted in fires, but 90% of them occurred in homes or apartments. 

According to experts on the subject, every school should have carbon monoxide alarms installed in the hallways and at least near the pool areas.  Preferably, these alarms should also be installed in every classroom. 

Steakhouse Settles Same-Sex Harassment Lawsuit

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California employment lawyers have been coming across more cases of sexual harassment that feature same-sex harassment.  The Equal Employment Opportunities Commission has also confirmed that it is seeing more complaints of male-on-male sexual harassment.

Recently, a New York City steakhouse agreed to settle charges of sexual harassment, involving at least 22 male waiters.  The Sparks Steakhouse has agreed to settle the charges by paying $600,000. 

A complaint of sexual harassment had been made against Sparks to the Equal Employment Opportunities Commission back in 2009.  The complaint alleged that managers engage in misconduct that included blatant and physical sexual harassment.  Male employees regularly had their buttocks pinched, while managers would grind their genitals into waiter’s buttocks.  Grabbing and groping were commonplace. 

The waiters alleged in their lawsuit that they complained several times to the managers, but no action was taken.  Sparks Steakhouse however denies these allegations.  The company has also not admitted to any wrongdoing as part of the settlement. 

The settlement is likely to grab attention, because there have been an increasing number of cases of male-on-male sexual harassment reported to the Equal Employment Opportunities Commission.  According to the Commission, approximately 16% of the sexual harassment complaints that came before it were brought by men.  Last year, the rate was 12%.  Between 1992 and 2008, the number of sexual harassment lawsuits filed by men doubled. 

Another high-profile sexual harassment lawsuit was filed by the Cheesecake Factory.  In 2008, the company settled charges filed by at least 6 male staff members at the Cheesecake Factory.  According to the charges, these men were frequently subject to groping, grabbing, and simulated rape by their superiors.  The Cheesecake Factory denied those charges, but agreed to settle for $340,000.

Thousands of Bicycles Recalled for Defects

Bicyclists in California must be aware of at least 2 recalls that were initiated recently.  In both of these recalls, the bicycles come with a potential fall hazard that could injure the bicyclist.

The first recall is being initiated by California-based Specialized Bicycle Components Inc. of Morgan Hill.  Approximately 12,000 bicycles are included in this recall.  All of these bicycles were manufactured in China. 

According to the company, the defect involves the front fork which is prone to breakage.  When the front fork breaks, the bicyclist has a serious risk of falling off the cycle and being injured.  The company is aware of 4 reports in which bicyclists were injured after they fell off the bicycle.  Some of those injuries were serious like head injuries and shoulder fractures.  You can check to see if your bicycle is included in this recall by visiting the company's website.

The 2^nd recall involves more than 60,000 bicycles that were distributed by Meijer Inc..  In this case, the pedal can become loose or detach from the bicycle, again throwing the bicyclist off with great force.  The company has received 29 reports of incidents in which the pedal came off the bicycle while the bicycle was in operation, throwing the person off.  In at least 16 cases, the bicyclist suffered minor injuries. 

California bicycle accident attorneys advise all owners of these bicycles to stop using them immediately.  In the case of the Meijer recall, the owners of the bicycle can return the bicycle to any store for a free replacement bicycle.  In the case of the Specialized Bicycle recall, owners can visit the nearest dealer for a free installation of a replacement fork.