LG vs Sony :)

[Xtreme]

Just read this:

Korean company LG wants Sony's PlayStation 3 and Bravia tellys banned in the US for what it claims are patent infringements relating to Blu-ray playback.

Source: eurogamer

Not that I think LG would be able to ban anything here... It's a patent case and that is always the first step to it... try to cower the enemy Am surprised that SONY got into a patent mess regarding Blu-ray, a technology I thought it owned!

[dickey1331]

Lol ban the PS3? Yeah right.


Do you really care where I sent this from?

[p_rushing]

Re: LG vs Sony

They would ban it from being sold, so you would have to come up with some creative ways to get them. If LG has a real case, they will just take a cut for everyone sold.



The patent issue is with the playback of the disk, so it isn't with Bluray. I would think Sony would have filed the patents early and done proper searches in all countries where it is possible. How they would have missed filing a patent in the US would be a major slip.

It is also weird that LG has a patent that they are only claiming infringement in the US. Did LG only file the patent in the US? That couldn't really be the case unless they found out about what Sony was doing and somehow got a patent in before Sony got one in the US.

Also if Sony has a patent on it in the US, then it should already have been checked so that the patent wasn't infringing on any other patents already in the works.

[Flawless]

Re: LG vs Sony

European customs ordered to seize PlayStation shipments in legal dispute

European customs officers have been ordered to seize shipments of Playstation 3s after LG won a preliminary injunction against Sony in an acrimonious patent battle between the two Asian electronics giants.

The ruling by the civil court of justice in the Hague means that all new PS3s have to be confiscated as they are imported into the UK and the rest of Europe for at least 10 days.

If the injunction was extended it could mean consoles disappearing from high street shelves. It is understood that Sony and computer games retailers typically have about two to three weeks' worth of PS3s in stock across the continent.

Tens of thousands of PS3s were seized by customs officers last week in the Netherlands, the Guardian has learnt, in a dispute that centres on Sony's allegedly infringing use of Blu-ray technology belonging to LG.

Sony, which imports around 100,000 of the consoles a week, is frantically trying to get the ban lifted. The Japanese company has the right to appeal to the European patents office.

LG meanwhile, could apply to the same patents office to get the 10-day import ban extended. Alternatively, the Korean company could apply for a court order to get the consoles destroyed but it is highly unlikely the court would grant a request to eliminate the warehoused goods.

LG argues that Sony PS3s infringe a number of its patents relating to playback of Blu-ray Discs. LG called for an investigation into the PS3's Blu-ray use in a filing with the US international trade commission earlier this month, and said it sought a "permanent exclusion order ... excluding entry into the United States" of the games console.

If Sony is found to have infringed LG patents, it could be forced to compensate the South Korean manufacturer for each PS3 it has sold around the world, which could cost hundreds of millions of pounds.

The two technology giants are involved in a complex web of seven separate patent disputes, with Sony also seeking to block shipments of LG smartphones to the US.

Rotterdam and Schiphol are the main import points for PS3s for both the UK and continental Europe. The consoles are being stockpiled in Dutch warehouses until it becomes clear how the case will develop.

[dickey1331]

Re: LG vs Sony

This seems more serious than I thought.

[Burns11]

Re: LG vs Sony

The way European law is written, all you have to do is make the allegation and the courts will stop shipments. Should LG lose, though, Sony can sue for damages.

The article is slightly wrong, BTW, the injunction is only for the Netherlands, which is currently Sony's only point of import into Europe, but they could still import through other countries (that is a logistical nightmare scenario though).

[dickey1331]

Re: LG vs Sony

The way European law is written, all you have to do is make the allegation and the courts will stop shipments. Should LG lose, though, Sony can sue for damages.

The article is slightly wrong, BTW, the injunction is only for the Netherlands, which is currently Sony's only point of import into Europe, but they could still import through other countries (that is a logistical nightmare scenario though).

Ah ok. Makes sense

[Burns11]

Re: LG vs Sony

http://fosspatents.blogspot.com/2011/03/lg-achieved-seizure-of-300000.html

Today's court session in The Hague, Netherlands over the PlayStation 3 dispute between LG and Sony has revealed some mind-boggling facts and figures and produced a major surprise. [Update] According to InsideGamer.nl as well as Dutch newspaper De Telegraaf and an independent source I have talked to, Sony has won this round and the court has lifted the prejudgment seizure order. InsideGamer.nl reports that all seized PlayStations will have to be released, no more seizures will take place, and LG has to pay legal fees amounting to €130,000 (approximately US$180,000). For each day that LG fails to comply, it will be fined at a rate of €200,000 (approximately US$275,000).
I have learned that the key reason for the court to lift the seizure order was that this kind of measure didn't seem fair given the history of negotiations between the parties. The ruling didn't only overturn the prejudgment seizure order but also told LG to inform the Dutch customs authority and ensure that no further confiscations would happen.
This is only related to the prejudgment seizure order: Sony can resume the distribution of PlayStations across Europe for now, but there will still be a full-fledged legal proceeding to determine whether there is an infringement (and if so, how much money Sony owes LG). But Sony's most pressing problem has been solved.
Knowing that the dispute will continue, some numbers are interesting to look at. They were previously reported by Dutch websites gamer.nl and insidegamer.nl, and I have double-checked on everything with an independent source who is in telephone contact with people attending the court hearing. These are the key data points:

• Approximately 300,000 PlayStation 3s were seized in the Netherlands. The estimated value (for customs purposes) is €43 million (approximately US$60 million at today's exchange rate).
• Nine more shipments of 15,000 to 20,000 units each -- a total of up to 180,000 more units -- are on their way to the Netherlands. Those shipments would also have been seized if the court hadn't lifted the seizure order.
• LG wants to receive a patent royalty between $2.50 and $2.55 for each Blu-ray device sold by Sony. Sony has already sold more than 47 million PS3s, and there are other Sony products implementing the Blu-ray Disc standard. In the total of PS3 and other Blu-ray product sales, LG estimated that Sony already owes it patent royalties amounting to $150-180 million for past infringement, plus more money for future sales. Reportedly, LG wants a bank guarantee over a total of $350 million to cover the aforementioned amount as well as estimated payments to be made in the future.
• As I reported in my previous post, it seems that LG's focus is on getting paid for its Blu-ray patents while Sony wants a comprehensive settlement of all disputes between the parties. In addition to lawsuits between Sony and LG there is also a lawsuit in the Eastern District of Texas that was brought by Zenith, an LG subsidiary, against Sony over eight digital TV patents. Apparently Sony wants all disputes with LG, including the Zenith case, settled at the same time. This includes Sony's own claims against LG. In particular, it claims many LG smartphones infringe some of Sony's patents.
• Gamer.nl also says that Sony's lawyer said they are willing to negotiate "but not with a knife at the throat", apparently a reference to the situation in which Sony found itself after the prejudgment seizure order.
• Today's court session was just an emergency hearing following Sony's appeal against the prejudgment seizure order obtained by LG. After this there will be lengthier full-fledged proceeding to determine whether Sony infringes valid patents held by LG. The first court session in that proceeding has apparently been scheduled for November 18.

Sony's winning lawyer was Mr. Bart van den Broek of the Hoyng Monegier firm.