The battle between Apple and Samsung has been going on for quite some time now, and we already know that Apple won a significant case against Samsung regarding patent infringements earlier this year. Well, recently a redacted document from the court case made its way to the public, and in it we find Judge Pender’s recommendations for punitive action against Samsung. Let’s just say it’s not looking pretty for the Korean company. According to FOSS Patents, an blog dedicated to software patent suits, Judge Pender made the following recommendations:
Apple has decided to drop the litigation it has against Samsung’s Galaxy S III Mini smartphone due to the fact that Samsung isn’t planning on selling the device in the US market. With Apple’s raging pen war against Samsung’s other top devices, this is hardly a win for Samsung. At this point, I’m sure Samsung will take what they can get.
Apparently Apple didn’t see the need in including the S III Mini in the fight as long as the sales wont affect the much important US market.
The case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co Ltd et al., 12-630.
Apple has acquired a reputation for being overly-aggressive in taking its competitors to court over patents (as demonstrated by this awesome video called “Apple Kills Star Trek”). In fact, it was just a few months ago that Apple took Samsung to court and won a whopping $1 billion dollars for supposed patent infringements. Well, today it seems the tables have turned for the Cupertino company. In a strange role reversal, Samsung is suing Apple in Korea over IOS 5′s Notification Center. If your not up on Apple lingo, the Notification Center is a blatant rip off of Android’s intuitive notification bar, which pulls down from the top of your screen to reveal your most recent notifications. It is not apparent which specific feature Samsung is suing for, but it’s more than likely something that Samsung has added to the notification bar, since the original code was created and is owned by Google. Since the court case will be in Korea, Samsung will have the home court advantage and may even win back a portion of its hard earned 1 billion dollars. Apple has some good lawyers though, so we’ll see how this pans out. While we wait, feel free to kill some time by watching Apple Kills Star Trek after the break.
While Motorola and Apple have had their fair share of courtroom drama in the past, today may finally see some of it put to rest. The two have been engaged in a heated legal battle over the past couple of years, with the most recent of which centered around a touch-related UI intellectual property.
Today, Judge Pender of the International Trade Commission ruled that, while Apple did infringe on said patent, there would be no legal ramifications because Motorola’s claim is ‘invalid.’ The reason behind the decision stems from the fact that Motorola holds another, older touch patent very similar to the one in question, yet it was not included in the original filing.
So, it appears the Apple legal team will be celebrating a successful year in the courtroom over Christmas. Although, its entirely possible to prolong the ordeal if Motorola chooses to appeal the ruling over the coming weeks.
On the same day that Samsung received mixed news regarding the Apple v Samsung fight here in the U.S., the company announced they are dropping their requests for injunctions barring sales of Apple products in several European countries. In courtrooms in the U.K., Germany, France, Italy, and the Netherlands, Samsung is withdrawing requests for injunctions “in the interest of protecting consumer choice.” That statements sounds like Samsung has decided to start walking the walk and not just talking the talk when it comes to letting the market, and not the courts, decide which technologies will prevail with consumers. » Read the rest
In case you haven’t noticed, there’s a little bad blood between Apple and Samsung. On this episode of ‘As the Smartphone World Turns,’ Apple attempts to permanently ban the sale of 26 Samsung devices in the U.S. However, a judge denied this latest attempt of Apple to derail Samsung.
Judge Lucy Koh, who has presided over the entire trial, ruled that any infringing features on Samsung’s devices are just part of a larger feature set, and wouldn’t fit into the broad ban that Apple was seeking. She added that it ‘wouldn’t be equitable’ to deprive Samsung consumers of the infringing devices when only ‘limited features’ have been infringed upon.
It would also seem that Samsung has already been punished for the infringements and that Apple is just finding ways to keep their lawyers busy these days. I’m no lawyer, but it may have been helpful to request the ban back in August. When will it stop, Apple?
While Apple may have not directly sued Google in relation to its many mobile patents, the two haven’t necessarily been the best of buddies in the courtroom. It seems as though that may be about to change, at least temporarily. New reports have surfaced claiming that the two will indeed join forces to purchase 1,100 of Kodak’s highly sought after imaging patents. It’s expected that both Silicon Valley companies will have to conjure up around $500 million to acquire the array of patents.
The deal should help ease tensions between the two, as both parties would have equal rights to Kodak’s protected imaging-related technology IPs. While this may sound unrealistic, this type of joint venture could prove to be most beneficial to the consumer, considering both companies would be legally allowed to include various tidbits of revolutionary technology in new products. The joint funds would also help Kodak recover from bankruptcy, effectively keeping one of the most innovative imaging and photographic equipment companies afloat during these troubling times.
It’s entirely possible that the deal may not be the final bid for either side, as Google or Apple could each make a bid of their own to buy the patents individually. However, this is one of those strange times where you actually hope the two frenemies can get along in the spirit of innovation.
Apple has always been a little over possessive of “multitouch,” but today it appears the USPTO has put an end to that unhealthy affair. In a preliminary ruling, the multitouch patent was found invalid on all 20 points. This is unfortunate for Apple as that patent was the basis of nearly all of their multitouch patent lawsuits, including the lawsuit against Motorola that was tossed out of court earlier in June.
Although this could be overturned in higher courts, I’m hopeful that the USPTO will understand that these incredibly broad and vague patents are stifling to innovation and hopefully keep this one invalidated.
source: FOSS Patents
Since HTC and Apple reached an agreement to cross-license patents and end their litigation, many have wondered just what kind of deal was made. One party that was particularly interested is Samsung, who argues the agreement shows injunctions are not needed as a value for patent infringements can be determined. Samsung went so far as to request one of the courts hearing one of the many Samsung v. Apple disputes to force Apple and HTC to reveal the details of the agreement. As a result of that request, which the court approved, a heavily redacted version of the agreement has surfaced in the public court filings. » Read the rest
This certainly doesn’t surprise us, right? According to the courts in the Netherlands, Samsung has lost its battle against Apple regarding Apple’s patent of scrolling in the gallery (EP 2.059.868). Apparently, Samsung’s “blue bounce effect” (similar to the image above) found in their version of TouchWiz on Android 2.1, 2.2 and 2.3′s gallery must be taken out in a future update.
Apparently Samsung has 8 weeks to bring forth the update or else they’ll be forced to pay 100.00 Euros (128.93 US dollars) per day.
Samsung just can’t catch a break with Apple, can they?