lawsuit
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Apple has been fined AUS$9M (~$6.6M) by a court in Australia following a legal challenge by a consumer rights group related to the company’s response after iOS updates bricked devices that had been repaired by third parties.
The Australian Competitor and Consumer Commission (ACCC) invested a series of complaints relating to an error (‘error 53’) which disabled some iPhones and iPads after owners downloaded an update to Apple’s iOS operating system.
The ACCC says Apple admitted that, between February 2015 and February 2016 — via the Apple US’ website, Apple Australia’s staff in-store and customer service phone calls — it had informed at least 275 Australian customers affected by error 53 that they were no longer eligible for a remedy if their device had been repaired by a third party.
Image credit: 70023venus2009 via Flickr under license CC BY-ND 2.0
The court judged Apple’s action to have breached the Australian consumer law.
“If a product is faulty, customers are legally entitled to a repair or a replacement under the Australian Consumer Law, and sometimes even a refund. Apple’s representations led customers to believe they’d be denied a remedy for their faulty device because they used a third party repairer,” said ACCC commissioner Sarah Court in a statement.
“The Court declared the mere fact that an iPhone or iPad had been repaired by someone other than Apple did not, and could not, result in the consumer guarantees ceasing to apply, or the consumer’s right to a remedy being extinguished.”
The ACCC notes that after it notified Apple about its investigation, the company implemented an outreach program to compensate individual consumers whose devices were made inoperable by error 53. It says this outreach program was extended to approximately 5,000 consumers.
It also says Apple Australia offered a court enforceable undertaking to improve staff training, audit information about warranties and Australian Consumer Law on its website, and improve its systems and procedures to ensure future compliance with the law.
The ACCC further notes that a concern addressed by the undertaking is that Apple was allegedly providing refurbished goods as replacements, after supplying a good which suffered a major failure — saying Apple has committed to provide new replacements in those circumstances if the consumer requests one.
“If people buy an iPhone or iPad from Apple and it suffers a major failure, they are entitled to a refund. If customers would prefer a replacement, they are entitled to a new device as opposed to refurbished, if one is available,” said Court.
The court also held the Apple parent company, Apple US, responsible for the conduct of its Australian subsidiary. “Global companies must ensure their returns policies are compliant with the Australian Consumer Law, or they will face ACCC action,” added Court.
We’ve reached out to Apple for comment on the court decision and will update this post with any response.
A company spokeswoman told Reuters it had had “very productive conversations with the ACCC about this” but declined to comment further on the court finding.
More recently, Apple found itself in hot water with consumer groups around the world over its use of a power management feature that throttled performance on older iPhones to avoid unexpected battery shutdowns.
The company apologized in December for not being more transparent about the feature, and later said it would add a control allowing consumers to turn it off if they did not want their device’s performance to be impacted.
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Lemonade, the insurance platform based out of NYC, has filed a lawsuit against German company ONE Insurance, its parent company wefox, and founder Julian Teicke.
The complaint, filed in the U.S. District Court Southern District of NY, alleges that wefox reverse engineered Lemonade to create ONE, infringing Lemonade’s intellectual property, violating the Computer Fraud and Abuse Act, and breaching its contractual obligations to Lemonade not to “copy content… to provide any service that is competitive…or to…create derivative works.”
In the filing (which you can see on Pacer or here), Lemonade alleges that Teicke repeatedly registered for insurance on Lemonade under various names and for various addresses, some of which do not exist. Teicke also allegedly filed claims in what appeared to be an attempt to assess and copy the arrangement of those flows.
Lemonade’s counsel says Teicke started seven claims over the course of 20 days, prompting Lemonade to cancel his policy.
Alongside Teicke, a number of other executives and members of leadership at wefox also filed fake claims, says the complaint, despite having opted in to Lemonade’s user agreement and taking an honesty pledge, which is required of all Lemonade users.
This, according to Lemonade, violates the Computer Fraud and Abuse act. Lemonade also alleges that the ONE app infringes Lemonade’s IP, and that in assessing the Lemonade app and building a competitor, Teicke also violated Lemonade’s TOS.

Lemonade has changed the insurance business in two key ways: First, it made the process of actually buying insurance as easy as a few clicks on your smartphone. Digitizing the process makes the issue of getting home or renters insurance far less daunting and more approachable to consumers. Secondly, Lemonade rethought the business model of insurance.
Normally, insurance providers charge you a certain monthly rate based on the value of the property/items looking to be insured. But at the end of the year, the money remaining in that policy becomes profit, putting the insurance company in direct opposition to the consumer any time a claim is filed.
Lemonade takes its profit directly out of each payment, and if a file isn’t claimed, it sends the rest of the leftover money to the charity of your choice, ensuring that Lemonade and the consumer are on the same page when a claim is filed.
In keeping with that thesis, any proceeds generated from this lawsuit will go directly to Code.org.
“We’re not trying to enrich ourselves by poking another startup,” said Lemonade CEO Daniel Schreiber . “We’re not anti-competition. We’re just saying ‘Play by the rules, play fair and square.’”
Update: A wefox spokesperson offered up the following statement:
At wefox Group, we have 160 talented people whose hard work has created a unique business that is challenging the status quo every day. These allegations have no merit and ultimately appear to be an attempt to disrupt our business rather than a serious dispute. Lemonade actually raised these questions with us nine months ago, and – as we explained at the time – the concerns are meritless and we further received no answer. We have not been served any paper from Lemonade: if we are, we intend to defend ourselves vigorously. This lawsuit appears to be an attempt to bait the media into covering a non-issue.
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A patent case that began back in 2011 has reached a conclusion, with Samsung ordered to pay about $539 million to Apple over infringements of the latter’s patents in devices that are now long gone. The case has dragged on for years as both sides argued about the finer points of how much was owed per device, what could be deducted and so on. It’s been eye-wateringly boring, but at least it’s over now. Maybe.
The patents in question are some things we take for granted now, UI cues like “rubber-banding” at the bottom of a list or using two fingers to zoom in and out. But they were all part of the “boy have we patented it” multi-touch gestures of which Steve Jobs was so proud. In addition there were the defining characteristics of the first iPhone, now familiar (black round rectangle with a big screen, etc.). At any rate, Apple sued the dickens out of Samsung over them.
The case was actually decided long ago — in 2012, when the court found that Samsung had clearly and willfully infringed on the patents in question and initial damages were set at a staggering $1 billion. We wrote it up then, when it was of course big news:
Since then it’s all been about the damages, and Samsung won a big victory in the Supreme court that said it only had to pay out based on the profit from the infringing component.
Unfortunately for Samsung, the “infringing component” for the design patents seems to have been considered by the jury as being the entire phone. The result is that a great deal of Samsung’s profits from selling the infringing devices ended up composing the damages. It sets a major precedent in the patent litigation world, although not necessarily a logical one. People started arguing about the validity and value of design patents a long time ago and they haven’t stopped yet.
CNET has a good rundown for anyone curious about the specifics. Notably, Samsung said in a statement that “We will consider all options to obtain an outcome that does not hinder creativity and fair competition for all companies and consumers.” Does that mean they’re going to take it as high as the Supreme Court (again) and drag the case out for another couple of years? Or will they cut their losses and just be happy to stop paying the legal fees that probably rivaled the damages assigned? Hopefully the latter.
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Drama is heating up between the dating apps.
Tinder, which is owned by Match Group, is suing rival Bumble, alleging patent infringement and misuse of intellectual property.
The suit alleges that Bumble “copied Tinder’s world-changing, card-swipe-based, mutual opt-in premise.” The lawsuit also accuses Tinder-turned-Bumble employees Chris Gulczynski and Sarah Mick of copying elements of the design. “Bumble has released at least two features that its co-founders learned of and developed confidentially while at Tinder in violation of confidentiality agreements.”
It’s complicated because Bumble was founded by CEO Whitney Wolfe, who was also a co-founder at Tinder. She wound up suing Tinder for sexual harassment.
Yet Match hasn’t let the history stop it from trying to buy hotter-than-hot Bumble anyway. As Axios’s Dan Primack pointed out, this lawsuit may actually try to force the hand for a deal. Bumble is majority-owned by Badoo, a dating company based in London and Moscow.
(It wouldn’t be the first time a dating site sued another and then bought it. JDate did this with JSwipe.)
Match provided the following statement:
Match Group has invested significant resources and creative expertise in the development of our industry-leading suite of products. We are committed to protecting the intellectual property and proprietary data that defines our business. Accordingly, we are prepared when necessary to enforce our patents and other intellectual property rights against any operator in the dating space who infringes upon those rights.
I have, um, tested out both Tinder and Bumble and they are similar. Both let you swipe on nearby users with limited information like photos, age, school and employer. And users can only chat if both opt-in.
However, Tinder has developed more of the reputation as a “hookup” app and Bumble doesn’t seem to have quite the same image, largely because it requires women to initiate the conversation, thus setting the tone.
As TechCrunch’s Sarah Perez pointed out recently, “according to App Annie, Tinder is more than 10x bigger in terms of monthly users and 7x bigger in terms of downloads in the last 12 months, versus Bumble.”
We’ve reached out to Bumble for comment.
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A California appeals court has sided with Allan Candelore, a man suing Tinder over the pricing for its premium service, Tinder Plus. Specifically, Candelore and his lawyers argued that by charging $9.99 per month if a user is under 30, versus $19.99 per month if you’re 30 or older, Tinder is discriminating based on age. Read More
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It’s over. Benchmark’s lawsuit against former Uber CEO Travis Kalanick has now been dropped, ending one of the biggest VC-founder disputes in history. It was dismissed as a condition of the SoftBank investment in Uber getting done. The deal was completed earlier this month, giving both Benchmark and Kalanick an opportunity to sell a significant Uber stake. Read More
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Uber has settled its lawsuit with a woman (Jane Doe) who accused its now-former CEO Travis Kalanick, president of business in Asia Eric Alexander and SVP of business Emil Michael of improperly obtaining her medical records after she was raped by an Uber driver in Delhi, India.
“A settlement has been reached and the Parties anticipate the case will be dismissed on or around January… Read More
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Against the backdrop of an imminent public offering, one former Snap Inc. employee is claiming in a lawsuit that the company inflated its performance metrics to lure investors.
Anthony Pompliano, the one-time head of Snap’s growth and user engagement team, is seeking an injunction and monetary relief after being fired just three weeks into his tenure. Mr. Pompliano, now a venture… Read More
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