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Massive patent lawsuit quietly disappears, no settlement reached

Earthcomber filed a massive patent lawsuit earlier this year, but with no explanation has dropped the lawsuits without reaching a settlement and without offering reason. Is this a sign of things to come in the patent lawsuit world, or is this an unexplained outlier?

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Patent lawsuit changes course

In January, Earthcomber filed a lawsuit against a doze major real estate technologies, ranging from Move, Inc. (operator of Realtor.com, Top Producer and others), the National Association of Realtors, Zillow, Trulia, Redfin, Primedia and more. Earthcomber owns a patented technology that aides mobile device users in locating special interests nearby, allowing users to share their current location with friends by manual entry of ZIP code or current intersection rather than through GPS or triangulation, according to how they describe themselves on CrunchBase.com, although their website still describes Earthcomber as a GPS app.

The original patent lawsuits came in the form of ten separate suits filed against 12 real estate companies for allegedly infringing their 2006 patent on matching mobile users with their “stated preferences.” The companies sued are parent real estate companies, many of whom operate dozens of companies within their network, so this lawsuit is much more than just twelve companies overall.

Court documents filed read:
“These inventions resulted in the issuance of multiple patents, including United States Patent No. 7,071,842, entitled “System and Method for Locating and Notifying a User of a Person, Place or Thing Having Attributes Matching the User’s Stated Preferences,” (“the ‘842 Patent”) and United States Patent No. 7,589,628, entitled “System and Method for Providing Location-Based Information to Mobile Consumers,” (“the ‘628 Patent”). Earthcomber offers applications for mobile devices that are embodiments of the inventions claimed by the ‘842 and ‘628 Patents and these applications have won acclaim in the industry.”
*Emphasis by AGBeat, not court documents.

In 2008, Earthcomber sued mobile social network Loopt and the corporate parent of technology blog TechCrunch which was settled in 2009 for which the terms have not been publicly disclosed. Earthcomber Founder and President, Jim Brady told PaidContent.com that he is not a patent troll and that Earthcomber originally envisioned combining Palm and Bluetooth technology into one device and the patent was his only protection. He told PaidContent, “Big money bowls over small app makers like us.”

The final result: a white flag?

AGBeat has repeatedly requested comment from Earthcomber and their lawyers, but no comment has been offered prior to publication of this story, and we have learned from representatives of Zillow, Trulia, and others that Earthcomber dropped the lawsuits.

No reasons have been identified for the massive lawsuits being dropped, and AGBeat sources note that no settlement was reached, and no money exchanged hands, but that Earthcomber pulled out voluntarily. We cannot confirm Earthcomber’s strategy as to why the lawsuits were dropped without resolve, and are unsure as to whether or not they will file separate suits, but for now, it appears the white flag was waved in this massive patent lawsuit that had the potential to shift how all real estate technology performs GPS functions.

Tara Steele is the News Director at The American Genius, covering entrepreneur, real estate, technology news and everything in between. If you'd like to reach Tara with a question, comment, press release or hot news tip, simply click the link below.

Business News

These stores refuse to start Black Friday early

(BUSINESS NEWS) There is a rising trend of stores being pressured to open their doors earlier and earlier each holiday weekend but these companies refuse.

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This year, Target, Walmart, and Best Buy are among a group of retail super villains who have decided it’s appropriate to begin the Black Friday shopping nightmare on Thanksgiving Day, with some opening as early as 5pm on Thursday.

As someone who has only had the misfortune of working the retail tornado of Black Friday once, I would never wish it upon anyone. Yet many stores feel pressured to begin the doorbusters earlier every year.

To compete with online shopping, brick-and-mortar retailers implement drastic measures to get customers in stores during the discount season.

Last year, eMarketer reported internet users in their survey were likelier to shop online during Black Friday and Cyber Monday. This comes as no surprise to anyone who’s been watching retail stores crumble as online shopping continues to dominate the market.

To lure in shoppers, physical stores must come up with deals so alluring that people would kill for them.

Literally. I just googled “did anyone die on Black Friday last year” and found out that there’s a handy site called Black Friday Death Count. The answer is yes, some people died last year in Black Friday-related incidents, and in fact two of the three deaths took place at separate Walmarts.

So that makes this year’s disturbingly early foray into deal hunting even less enticing.

While I don’t hold Thanksgiving sacred by any means, moving the even unholier Black Friday back to impede on a holiday is ludicrous. But a handful of heroes are saying no seriously guys, we’re not doing this.

Over fifty retailers are putting collectively putting their foot down, and will remain closed on Thanksgiving Day. While some may still be party to next-day discounts, they’re at least taking a stand.

Here’s a list of all the places you can’t go on Thanksgiving, because mercifully they’re closed:

  • A.C. Moore
  • Abt Electronics
  • Academy Sports + Outdoors
  • At Home
  • BJ’s Wholesale Club
  • Blain’s Farm and Fleet
  • Burlington
  • Cabela’s
  • Cost Plus World Market
  • Costco
  • Craft Warehouse
  • Crate and Barrel
  • DSW – Designer Shoe Warehouse
  • Ethan Allen
  • Gardner-White Furniture
  • Guitar Center
  • H&M
  • Half Price Books
  • Harbor Freight
  • Hobby Lobby
  • Home Depot
  • HomeGoods
  • Homesense
  • IKEA
  • JOANN Fabric and Craft Stores
  • Jos. A. Bank
  • La-Z-Boy (all corporately owned stores)
  • Lowe’s
  • Marshalls
  • Mattress Firm
  • Micro Center
  • Music & Arts
  • Neiman Marcus
  • Office Depot and OfficeMax
  • Outdoor Research (closed Black Friday too)
  • P.C. Richard & Son
  • Party City
  • Patagonia
  • Petco
  • PetSmart
  • Pier 1 Imports
  • Publix
  • Raymour & Flanigan Furniture
  • Sam’s Club
  • Sierra Trading Post
  • Sportsman’s Warehouse
  • Sprint (Corporate & Dealer Owned Stores; Mall Kiosks May Open)
  • Staples
  • Sur La Table
  • The Container Store
  • The Original Mattress Factory
  • TJ Maxx
  • Tractor Supply
  • Trollbeads
  • Von Maur
  • West Marine

And while that’s a pretty hefty list, the fact remains that many unfortunate employees will have to show up to work on Thanksgiving when they should be taking naps, or avoiding helping their family clean up after lunch.

Thinking about some retailers’ decision to open a day early for Black Friday almost makes Cards Against Humanity’s crowdfunded hole stunt last year seem reasonable. Maybe if we’re lucky, the tradition of Black Friday will get sucked up in a black hole, never to plague us again.

I guess staying home is also an option. If you opt into the shopping this year, stay safe. And if you choose to do so on Thanksgiving, maybe just don’t tell anyone.

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Business News

Amazon is extending its takeover to sportswear

(BUSINESS NEWS) As Amazon continues its quest for total retail dominance, they are beginning to try their hand with sportswear.

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Because Amazon won’t settle until it controls every single market ever, the online retailing giant is, reportedly, gearing up to start offering its own sportswear line.

Rumors that the company might get into the workout gear game started circulating earlier this year when the company posted job listings for brand managers to help create “authentic activewear private label brands.”

They hired a brand manager for athletic wear in January.

Amazon has already been dabbling in the world of fashion, having created eight clothing brands since early last year, including a men’s shirt brand called Buttoned Down that is offered to Prime customers.

Insiders say that, while no long-term contracts have been signed so far, Amazon is negotiating with Makalot Industrials Co., a producer that makes sportswear for Gap, Uniqlo, and Kohl’s, as well as Eclat Textile Co., who provides textiles for Nike, Lululemon, and Under Armour.

Both Makalot and Eclat are based in Taiwan.

Apparently, these manufacturers are making small test batches for Amazon so they can run a trial on the concept. The fact that Amazon is working with experts in this market means they are serious about making a competitive, quality product.

Amazon currently sells about $10 billion worth of apparel, making it a serious competitor with brick-and-mortar retailers.

The workout wear market is a pretty big deal, so it would obviously be profitable if Amazon can come out with a good product. Customers are already crazy about Amazon’s online convenience and quick delivery, so they may be happy to find more options for sneakers and yoga pants.

On the other hand, private label brands that Amazon is already selling, such as Goodthreads and Lark & Ro may feel betrayed. Other sportswear brands can’t be too pleased either, with Nike reporting declines this quarter and Under Armour reducing its annual sales forecast.

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Business News

Ending a dismal year, Samsung says goodbye to CEO

(BUSINESS NEWS) Following a tumultuous year, Samsung now must face their CEO, Kwon Oh-hyun, stepping down.

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Among exploding phones, recalled washing machines and an indicted former chairman, Samsung has had a rough year. Just as they start to get back on track, they have one more crisis to deal with.

Kwon Oh-hyun, Samsung CEO, has officially announced his departure.

In a letter to the employees, Kwon announced his plans to leave the company by March of next year. His words touch on all of the typical sentiments, like that he “had been thinking long and hard about (leaving) for quite some time,” and that he wants to “move on to the next chapter in his life.”

What Kwon doesn’t make clear are his exact reasons for leaving.

He mentions that Samsung is in an “unprecedented crisis inside and out,” without sharing any specifics. Via his own words, Samsung needs to reshape their company to keep up with the ever-changing IT industry.

Kwon believes that young, fresh leadership could be the answer that Samsung needs.

Though Kwon’s departure may seem like another hit for the company, it could be a new chapter for Samsung as well.

And it is a change they desperately need. Recently, Samsung has made the headlines with scandal after scandal.

Earlier this year, Jay Y. Lee, former Vice chairman, was found guilty on multiple charges of bribery. The charge, which Lee is now serving five years in prison for, also resulted in the impeachment of South Korean President Park Geun-hye.

Samsung also lived through two major recalls this year. They officially took the Galaxy Note 7 off of the market after various accusations of batteries overheating led to fires.

Samsung also recalled 2.8 million washing machines because their “violent vibrations” caused some users to be injured.

Major scandals like these are enough for any company to flop. However, Samsung is still in the game. Kwon’s letter calls for the company to start anew, which is exactly what they need to do to stay afloat.

Of course, creating devices that do not cause injuries and fires will be a start. In addition, new leadership will keep the company relevant and hopefully, revive their reputation.

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