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Europe's highest court: Apple CAN trademark its retail store layout

Europe's highest court has stated that Apple can indeed trademark the layout of its stores - the iAltars - in a ruling that could ultimately dunk copycat retailers in hot water with the litigious US titan. The decision follows a spat last year, when the German Patent and Trademark Office said Apple could not extend the 2010 US …
Paul Kunert, 10 Jul 2014
Pierce Brosnan in Tomorrow Never Dies

ISPs haul GCHQ into COURT over dragnet interwebs snooping

Britain's eavesdropping nerve centre GCHQ has been accused of unlawfully accessing the private communications of potentially millions of people – and angry internet service providers are dragging the snooping agency to court. ISPs and organisations from the US, UK, Netherlands, Zimbabwe, Korea and Germany have teamed up with …
Kelly Fiveash, 02 Jul 2014
gavel_judgment_channel

Court hearing on Icahn's Dell buyout block set for Friday

Carl Icahn's attempt to get the courts to intervene speedily in Michael Dell's bid to take the firm private has been delayed until Friday. The Delaware Court of Chancery has scheduled a conference for Friday on Icahn's request for an expedited hearing in the case. The activist investor wants the court to stop Dell from changing …
European Union Flag

Stop the Microsoft, Skype wedding, screams enraged Cisco in court

Cisco and Italian ISP Messagenet will try to convince a European court today that it should overturn the EU's approval of Microsoft's acquisition of VoIP biz Skype. The firms will attempt to get the Euro beaks to reverse the European Commission's clearance of the $8.5bn gobble in 2011 without any concessions. Networking giant …
Dell logo in crosshairs

Michael Dell accuses Icahn of using court as takeover tool

Michael Dell has accused Carl Icahn of filing "undefined" legal action solely as a tool to help him take over Dell, and said the investor was "grandstanding" in a bid to stop the company from going private. In a court filing, Michael Dell said the action was "just another soapbox for Mr. Icahn's public spat," and a tactic …
Iain Thomson, 08 Aug 2013
Dell logo in crosshairs

Icahn suggests pumping Mikey Dell for dollars hard over a court bench

Activist investor Carl Icahn has urged his fellow Dell shareholders to join him in trying to get a higher price for their stockholdings in court. Icahn has written a letter to investors telling them they should reject the $24.4bn buyout offer to take the firm private lodged by company founder Mike Dell and Silver Lake Partners, …
gavel_judgment_channel

EMC lobs sueball at Pure, tells court: Look what they told EL REG

Just days before it launches its XtremIO flash array, EMC is suing flash array startup Pure Storage for allegedly improperly recruiting EMC staff, and also accuses it of encouraging ex-EMCers to use its confidential data – and it has cited The Register in its complaint. It has also accused Pure of interference with its business …
Chris Mellor, 06 Nov 2013
2e2

Channel biggun 2e2 dragged to county court over £14,000 debt

Reseller-cum-integrator 2e2 has been handed a County Court Judgment (CCJ) over the late settlement of a £14,000 debt. The CCJ lodged at the Northampton County Court's money claims centre must be resolved inside 30 days of 15 September. Failure to do so means the debt is not scratched off the register even after it's been paid …
Paul Kunert, 21 Sep 2012
management regulation1

Rimini Street promises 'business as usual' after Oracle IP judgment

Software support specialist Rimini Street has promised it's "business as usual" despite suffering a setback in its ongoing intellectual property dispute with Larry Ellison's Oracle. "Oracle has established a prima facie case of copyright infringement as it relates to the identified copies of Oracle Database," said District Judge …
Gavin Clarke, 15 Aug 2014
NSA parody T-shirt

Naughty NSA was so drunk on data it forgot collection rules

Declassified documents from America's Foreign Intelligence Surveillance Court (FISC) shows that even the NSA didn't know the limits of what it was supposed to collect, and overstepped its authorisations for years. The documents were released to the Electronic Privacy Information Centre in response to an FOI request, and record …

Former staffers of titsup Brit IT giant 2e2 haul administrator to court over pay

A group of former 2e2 staff are set to discover next week at an employment tribunal how successful they've been in efforts to recover monies they claim are owed to them by administrator FTI Consulting. The 200-strong bunch will have their case heard in Reading on 17 September under the representation of Jenny Andrews at Andrews …
Paul Kunert, 11 Sep 2013

Amazon sues former employee who took Google cloud job

Amazon is taking a former employee responsible for managing its cloud partners to court over an alleged breach of contract after he joined Google. The e-tailer claims former AWS strategic partnerships manager Zoltan Szabadi joined Google too soon after leaving. The company alleges that by doing so, Szabadi broke the non-compete …
Gavin Clarke, 02 Jul 2014
gavel_judgment_channel

2e2 staffers get day in court over unpaid pre-meltdown wages

Hundreds of former 2e2 UK employees will be told just days before Christmas at a Reading tribunal whether wages owed to them will be paid in full or not. There are some 356 claimants of 2e2 UK Ltd, Oakley Capital Ltd, Daisy Data Centre and Telefonica, a clerk at Reading tribunal told The Channel. The hearing date has been set …
Paul Kunert, 24 Sep 2013
Supreme Court Building

Victory for Microsoft as Supremes decline to hear Novell's WordPerfect whine

The decade-long legal fight over the reasons WordPerfect failed has ended in victory for Microsoft after the US Supreme Court declined to hear Novell's appeal and shut the door on a potential billion-dollar settlement for the company. "We're happy this case is now over for good and think it shows we'll persistently defend …
Iain Thomson, 28 Apr 2014
euros_channel_money

Intel pleads for €1bn EU fine to be overturned, is DENIED

Remember when Intel gave rebates to PC makers who bought its chips? The world’s largest computer chip maker has now lost its attempt to overturn the ancient €1bn fine from the European Union over its anticompetitive war with rival AMD. The record €1.06bn fine was handed down by the European Commission’s antitrust division …
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Oracle tries to get $1.3bn verdict against SAP reinstated

Appeal judges seemed divided on whether Oracle should get its $1.3bn jury verdict against SAP over TomorrowNow reinstated or the firm should be happy with the roughly $300m the verdict was reduced to. Oracle was given the billion-dollar handout by a jury in 2010 over allegations that SAP’s subsidiary, TomorrowNow, had downloaded …

Oracle scores mixed bag in Rimini Street software IP 'theft' ruling

Oracle has been handed a partial victory in its IP violation case against software support provider Rimini Street. A US court hearing Oracle's case has issued a summary judgment saying that in two of the four incidents cited by Oracle, Rimini was in the wrong. Oracle claimed to have identified illegal copies of its software …
Gavin Clarke, 18 Feb 2014

HP gets 'Playboy model and the ex-CEO' lawsuit kicked out ... AGAIN

A lawsuit against HP over alleged violations of an internal ethics code relating to ex-CEO Mark Hurd’s alleged misbehaviour has been dismissed once again after shareholders failed to make their case. The shareholder plaintiffs alleged securities fraud for the second time, claiming that back in 2006 when HP adopted a “Standards …
Angry old man

IBM was wrong to force UK workers off final salary pensions – judge

A UK High Court judge has said that IBM breached its duties to Brit workers with a company pension by kicking a quarter of them off its final salary scheme in 2009. IBM's "Project Waltz" was implemented in 2009 to help the company meet its 2010 target for earnings per share (EPS) and cut costs. The scheme cut benefits to …

Microsoft's Euro cloud darkens: US FEDS can dig into foreign servers

Microsoft has lost the first round in its fight to stop the US authorities from seizing customer data stored inside its overseas data centers. Following a two-hour hearing before the US District Court for the Southern District of New York on Thursday, District Judge Loretta Preska ruled that a US warrant ordering Microsoft to …
Neil McAllister, 31 Jul 2014
FBI badge and gun

Microsoft swats away FBI request for Office 365 subscriber data

Microsoft has successfully challenged a secret letter from the Federal Bureau of Investigation ordering it to turn over data from one of its Office 365 customers, court documents made public on Thursday have revealed. The documents, which remained secret until they were unsealed by the US District Court in Seattle on Wednesday, …
Neil McAllister, 23 May 2014
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European HP workers take IT giant to court over 'high handed' job cuts

HP's European Works Council* is suing the firm and terminating its works council agreement with the global giant, claiming HP has obstructed the European consultation process over its mega redundancy programme. It now plans to negotiate a new agreement under more recent legislation. Globally around 27,000 29,000 HPers will …
Paul Kunert, 12 Nov 2012
Stock ticker board

sTec flash founder cleared of insider trading charges

The wheels of SEC justice in the US grind exceedingly slowly and sometimes uselessly. Manouche Moshayedi, the founder and CEO of sTec, has just been cleared of insider trading charges filed almost four years ago. Since then sTec’s business has tumbled and it was bought by Western Digital for $340m – which was characterised as a …
Chris Mellor, 09 Jun 2014
gavel_judgment_channel

Customer sues Nimbus Data for 'breach of contract' over arrays

Flash array vendor Nimbus Data is being sued by a customer for breach of contract over two Gemini arrays that the purchaser alleges failed to meet "four conditions of sale". The customer is Maximus Inc, a publicly traded company headquartered in Reston, Virginia. It is an operator of government health and human services …
Chris Mellor, 19 May 2014

Microsoft blasts sueball at Samsung over Android patent royalties

Microsoft filed a lawsuit against Samsung in a US court on Friday, claiming the Korean firm was in breach of an earlier cross-licensing agreement relating to Android technology patents. The two companies sealed their licensing deal in 2011, back in the days when Microsoft was threatening to sue all and sundry over patents …
Neil McAllister, 01 Aug 2014
fingers pointing at man

Data Retention Directive CLASHES with EU citizens' privacy rights, says top lawman

A seven-year-old EU directive that requires telecoms outfits to retain details of phone calls and emails - such as traffic and location - clashes with the 28-member bloc's privacy rights for citizens, a Court of Justice Advocate General has said. Pedro Cruz Villalón believes that the 2006 data retention directive "constitutes a …
Kelly Fiveash, 12 Dec 2013

Senate introduces USA FREEDOM Act to curb NSA spying excesses

Senator Patrick Leahy (D-VT) has introduced the USA FREEDOM Act to the US Senate and claims, that, if passed, the legislation will severely curtail the amount of mass surveillance that can be carried out by the NSA and others – provided you're a citizen of the land of the free. "This is a debate about Americans' fundamental …
Iain Thomson, 29 Jul 2014
gavel_judgment_channel

Samsung wins right to delay UK appeal in Apple dispute

A UK court decision over whether European patents owned by Samsung are valid and have been infringed by its rival Apple has been delayed until other proceedings before the European Patent Office have been concluded. The Court of Appeal granted Samsung's application for a stay of the UK proceedings until the EPO decides whether …
OUT-LAW.COM, 18 Mar 2014

Apple execs: 'Consumers want what we don't have'

The latest patent row between Apple and Samsung is showing the unpleasant details of the ongoing market battle between the two consumer electronics giants. In documents submitted to the San Jose District Court, internal memos from the two firms show that Samsung has become fixated on Apple more than any other competitor in the …
Shaun Nichols, 07 Apr 2014
European Union Flag

Euro judge flings out Cisco beefs against Microsoft-Skype deal

Cisco’s European challenge to Microsoft’s acquisition of Skype has been thrown out by a judge. The European Court of Justice ruled on Tuesday that Microsoft’s ownership of Skype doesn’t damage competition in either the consumer or video communications markets. “Microsoft’s acquisition of Skype is compatible with the internal …
Gavin Clarke, 11 Dec 2013
graph up

Apple faces Germany ban after court no-show

Sales of iPhones and iPads are on the brink of being banned in Germany as a result of a court battle over Apple's alleged infringement of Motorola patents - but the fruity fondleslab maker reckons it can get the injunction suspended even though it failed to turn up. The German hearing on Friday was brought about by Motorola …
Bill Ray, 07 Nov 2011

Microsoft drags 9 resellers to court in fresh piracy blitz

Microsoft has its sights trained on another bunch of Chinese software pirates, this time pitting its formidable resources against nine resellers it said installed illegal copies of Windows onto PCs they sold. Redmond said it started proceedings against the resellers in seven cities across the People’s Republic including Shenzhen …
Phil Muncaster, 11 Jul 2012

HP says it will sue former Autonomy CFO Sushovan Hussein

HP has confirmed that it plans to sue Sushovan Hussain, the former chief financial officer of data analytics software firm Autonomy, whom HP claims "was one of the chief architects of the massive fraud" that forced HP to write down $8.8bn of the $10.2bn it paid to acquire Autonomy in 2011. In documents [PDF] filed with the US …
Neil McAllister, 04 Aug 2014
management regulation1

Microsoft challenges US gov over attempts to search overseas data

Microsoft has challenged a ruling that would allow US government authorities to search its overseas facilities. The company said in a petition filed to the US District Court for Southern New York that it objects to an order that would allow law enforcement to search all Microsoft-owned facilities worldwide. At the heart of the …
Shaun Nichols, 11 Jun 2014
Suitcase bulging with cash

Samsung chairman wins £500m legal fight with brother

A legal battle that threatened Samsung's stability has ended after company chairman Lee Kun-hee’s brother decided not appeal a court decision against him. Older sibling Lee Maeng-hee ended the two year legal dispute over their inheritance by accepting a Seoul appeal court’s decision to reject his demand for a 940 billion won (US …
Phil Muncaster, 27 Feb 2014
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Autonomy ex-moneyman: 'Visionary' Léo would have made HP merger work

The former chief financial officer of Autonomy has struck back against HP's claims that he defrauded it and its shareholders, arguing that HP's execs were solely responsible for bungling the company's $10.2bn acquisition of Autonomy in 2011. "HP's Opposition swells with bile, but its sound and fury signify nothing," lawyers for …
Neil McAllister, 12 Aug 2014
management regulation1

Systemax director Carl Fiorentino bribery trial moves to Florida

The trial of former Systemax director Carl Fiorentino has been moved from New York to Florida, where he was based when the alleged bribery offences are claimed to have occurred. Fiorentino, a one-time president of subsidiary Tiger Direct, stands accused of pocketing more than $7m in kickbacks from component suppliers in Taiwan …
Paul Kunert, 14 Jan 2014

Apple, Google, Intel, Adobe, settle employee-fiddling class action suit

A series of secret pacts among some of the biggest employers in Silicon Valley to cheat their staffers could turn out to be a rather expensive mistake, with Apple, Google, Intel, and Adobe now agreeing to settle the antitrust class-action lawsuit out of court. "This is an excellent resolution of the case that will benefit class …
Iain Thomson, 25 Apr 2014
graph up

Microsoft's Word fight opens in US Supreme Court

Microsoft has tried to persuade judges in America's top court that those defending against patent litigation cases should be held to a lower burden of proof than at present. A lawyer representing Microsoft at the Supreme Court told judges on Monday they should reject the long-held need for a defendant in patent-infringement …
Gavin Clarke, 18 Apr 2011
Chubby Checker performing in 2012

HP settles suit with popstar Chubby Checker over todger tester app

HP has settled its trademark suit with '60s popstar Chubby Checker over a software application of the same name intended to estimate the size of a man's member. The former pop sensation, whose real name is Ernest Evans, sued the tech firm for naming its todger totter-upper after him last year. The app, which was available to …
Team Register, 28 Jul 2014

Oracle accused of breaking US competition law over Solaris support

Oracle has been accused of unfair competition and of breaking US anti-trust laws over its Solaris support business. The claims are made in a counter-lawsuit lodged by Solaris fix-it company Terix, which had previously been dragged into court by Oracle for allegedly stealing the database giant's copyrighted code. The Terix suit …
Gavin Clarke, 28 Apr 2014

Former Azzurri project manager who stole £1.3m ordered to pay back £146k

A former project manager at Azzurri Communications who stole £1.3m from the integrator has been ordered to pay back less than 10 per cent or spend more time in the slammer. Lee Stephen Young, 34, of Petronel Road, Aylesbury was found guilty of one count of theft from an employer at the town's Crown Court in March and sentenced …
Paul Kunert, 23 May 2014
Dunce

Second-hand software broker: OK Microsoft – we made a mistake

Recycled software broker Discount-Licensing says it fell foul of trademark copyright laws by importing Microsoft licences from the US but reckons its "core" business is squeaky clean and outside the clutches of litigators. It emerged this week that the Birmingham-based small biz trader coughed a "significant sum" in damages and …
Paul Kunert, 05 Feb 2014

UK storage integrator Glasshouse Tech goes titsup

Glasshouse Technologies has called the administrators into its UK ops after directors exhausted all possible solutions to heal the sickly infrastructure services integrator. El Chan can reveal that KPMG Restructuring answered the cries for help on 27 March just days before Glasshouse was due to attend a winding up petition at …
Paul Kunert, 02 Apr 2014
Old Bailey Lady Justice

Germany: SAP's software licensee conditions are INVALID

A court in Germany has ruled that terms that software giant SAP stipulated in its software licensing contracts were invalid after finding that they ran contrary to EU copyright principles. The regional court of Hamburg upheld complaints made about SAP's licensing terms by German software reseller Susensoftware GmbH. …
OUT-LAW.COM, 05 Dec 2013

Dead Steve Jobs sued by own shareholders in no-poach pact brouhaha

Apple is once again facing a lawsuit, this time from its own shareholders over its no-poaching-of-staff pacts with rivals. A lawsuit [PDF] filed in California's San Jose District Court earlier this week claims the Cupertino giant misled investors and damaged the value of the company by striking a fishy hiring agreement with …
Shaun Nichols, 13 Aug 2014

Serco welcomes former CSC boss to run gov unit

Gardening leave is almost over for former CSC UK bigwig Liz Benison, who is set to rock up at Serco to run its Brit and European local and regional government division from the start of next month. As revealed by The Channel back in April, Benison was replaced at the CSC helm by ex-Cognizant veep Dr Sanjiv Gossain, at the same …
Paul Kunert, 08 Aug 2014
Cthulu springs from HP desktop printer

Yes, HP will still sue you if you make cartridges for its inkjet printers

HP is trumpeting new victories in its longstanding war against makers of ink cartridges that work in its inkjet printers, having scored recent legal wins in Germany and Poland. The dead-tree-coloring king said on Tuesday that it had closed two separate lawsuits with German firm BestUse, which failed to mount any kind of defense …
Neil McAllister, 29 Jan 2014

Apple, Cisco line up to protect offshore data

Apple and Cisco have aligned with Microsoft to support its fight against a US warrant that would give American law enforcement authorities access to data stored in offshore cloud servers. The two have filed a joint amicus brief in the case, adding their names to a list that includes Verizon, AT&T and the EFF. In late April, a …
management regulation1

Juniper jury sinks Palo Alto Networks case, for now

Juniper Networks' patent case against Palo Alto Networks is in abeyance for now, after a US judge declared a mistrial because the jury couldn't reach a unanimous verdict. The case was over US patents 8,077,723, 7,779,459, 7,650,634, 7,302,700, 7,093,280 and 6,772,347, which Juniper said PAN was infringing. PAN was founded by …

Opinion

frustration_anger_irritation_annoyance pain

Felipe Costa

Pressure to perform for stock market bearing down on disties
Columns of coins in the cloud

Michael Cote

Anything that simple to use has got to be complex to set up
Internet of Things

Gavin Clarke

This time, Larry's Oracle is going after the networking giants

Features

No email? No CRM? No Daily Mail iPad edition? You need a plan
Sinofsky's hybrid strategy looks dafter than ever
Failure to crack next-gen semiconductors threatens to set back humanity
SMEs get lip service - what they need is dinner at the Club