On Monday, a filing was made with the U.S. District Court for the Southern District of California in which Motorola Mobility (Google) and Apple entered into a standard-essential (FRAND) patent license agreement. The agreement states that Apple is now licensed to use Motorola’s FRAND patents in Germany. The royalty rate has yet to be set.
Now you have to understand, when it comes to standard-essential patents, the patent owner (Moto) must agree to a licensing deal with a competitor (Apple) if that competitor makes an offer to accept a licensing arrangement. The patent holder cannot refuse without blatantly violating antitrust law. That also means that Apple is essentially admitting to infringing the patents and is liable for past damages.
The filing only covers “cellular standard-essential” patents, leaving Wi-Fi and video codecs open for a later fight. Or separate licensing deals could be struck for those if both parties are tired of fighting.
Hmm, perhaps Microsoft had the right idea all along avoiding the courts and sleeping with its enemies instead. It sure is much less expensive.
source: foss patents
Judge Lucy Koh has set the date for the Samsung vs. Apple hearing in which Apple wants 8 Samsung smartphones to be banned in the US. On December 6th both Samsung and Apple will be at it again in court, and as usual, Samsung will be defending itself as Apple seeks to block sales of several of the Korean maker’s top selling US handsets. Samsung will also be busy on September 20th as they’re working on lifting the ban that’s currently on the Galaxy Tab 10.1. Considering the jurors found that the Tab 10.1 was not infringing upon Apple’s patents, I would imagine that the ban should be lifted. Then again, I’m no lawyer so we’ll see how that turns out.
This has been such a long and tiring road. I can only imagine the stress this has put on Samsung. I’m sure we’ll all be tuning into our Twitter feeds come December 6th.
After receiving a guilty verdict last week, Samsung faces the possibility of having several of its devices banned in the United States. Today, the company has promised to fight Apple’s attempt to ban these devices, claiming “we will take all necessary measures to ensure the availability of our products in the U.S. market.”
A spokesman for the company told reporters that Samsung’s options included filing to stop the injunction, appealing if the judge grants it, and modifying its infringing products if necessary. It’s also been reported that Samsung officials have already begun discussing with wireless carriers about the potential need to remove or modify existing features that violate Apple’s IP in order to keep its products on the market. This would be the case with smartphones like the Galaxy S II, which is still being sold by several major US carriers.
There has been a lot of talk about Apple getting “home field advantage” in the recent Apple vs. Samsung case on patent infringement. Recently jury foreman Vel Hogan sat down with Emily Chang on Bloomberg Television’s “Bloomberg West”, and said that none of the jury members owned an iPhone. Of course that wasn’t all as the interview was roughly 17 minutes long. You may wonder what evidence seemed the most damaging, and Hogan mentions the fact that Google warned Samsung that their prototypes resembled Apple’s, but Samsung ignored it. He also mentioned J.K. Shin’s internal email that said the comparison between the iPhone and Samsung’s prototypes was that of “heaven and earth.”
Samsung Electronics Co.’s market value dropped a whopping $12 billion today in lieu of Friday’s ruling which ordered the Korean electronics company to pay over $1B in damages from patent infringement. Despite Samsung’s wide array of products and services, phones and tablets make up roughly 70% of the company’s earnings.
The ruling isn’t the only factor affecting the plummeted shares as Apple is currently seeking a ban on eight of Samsung’s smartphones, among them the widely popular Galaxy S II. In addition there is growing concern that the verdict may lead to Apple bringing on a second lawsuit which could lead to a ban of Samsung’s current flagship phone, the Galaxy S III, which has already accounted for sales over 10 million units since its May debut. Apple is planning to file a sales injunction against Samsung on September 20.
According to an internal memo sent this morning to its employees and the media, Samsung is trying to rally its employees and hasn’t given up the fight. What do you think? Is this a hurdle Samsung can easily jump over? Will this hurt Samsung, Google, and the Android operating system? Tell us what you think!
In the wake of Samsung’s guilty verdict, Apple has filed a notice with the court naming a slew of devices it plans to ban in the US. Considering most of the devices found to be in violation of Apple’s patents aren’t being sold anymore, the Cupertino-based company is only seeking a ban on eight smartphones.
- Galaxy S 4G
- Galaxy S2 (AT&T)
- Galaxy S2 (Skyrocket)
- Galaxy S2 (T-Mobile)
- Galaxy S2 Epic 4G
- Galaxy S Showcase
- Droid Charge
- Galaxy Prevail
To better depict its reasoning, Apple has also included a chart showing the patents that each device infringes upon. Unsurprisingly, the chart shows that all of the listed devices, excluding the Galaxy Prevail, infringe upon Apple’s design patents and trade dress. However, Samsung’s Galaxy S II Skyrocket
, Galaxy S II Epic 4G Touch and Galaxy S Showcase are the only phones that managed to not infringe on Apple’s utility patents.
I know, we’ve all had it up to here with the continuous reaction of the jury’s recent decision in favor of Apple over Samsung. Following Google’s first official statement regarding the $1 billion patent verdict, Samsung released an internal memo on its blog which highlights a not too surprising opinion of the decision by the US District Court for the Northern District of California (NDCA). Samsung highlights the District Court made a decision which it respectfully disagrees with and contradicts other decisions made by courts in other countries such as the UK, the Netherlands, Germany, and Korea who all sided with Samsung regarding similar patent cases. This internal memo appears to be the first step in rallying Samsung’s employees as well as trying to ease their customers’ concerns following the $1 billion gut punch. You can read the full internal memo after the break. Read more
Samsung and Apple both released statements after Friday’s $1.05B verdict in the world’s most watched tech trial in history. But the 800lb elephant in the room that remained quiet was Google, until late last night.
So what does Mountain View have to say about all of this? The Verge was provided with an official response from Google last night. In a nutshell, they do not want the recent court decision to limit consumers from accessing innovative products, and that the patent claims do not reflect on the core Android OS experience.
In the spirit of the recent jury verdict in favor of Apple… and the subsequent follow-up opinions regarding the matter, it’s only fitting that we hear other individuals give their two cents regarding the idea of patents and true innovation. In the TEDTalks (Technology, Entertainment and Design Talks) video podcast, Everything Is A Remix founder Kirby Ferguson offers some perspective on the idea of true innovation. He believes music is evolved by copying and transforming melodies, combining them with new lyrics or more specifically, transforming old lyrics with an artists’ perspective and spin. He cites famed folk/pop singer Bob Dylan who used works from other singers such as Paul Clayton. More importantly, Ferguson highlights that two-thirds of Dylan’s earlier melodies in his music are “borrowed”. You’d imagine that artists would have a hard time accepting their work is “borrowed” by other artists, but not-so-fast— it isn’t the case. Here’s another famed artist Woodie Guthrie offering his perspective on items like lyrics and melodies in borrowed music:
“The words aren’t the important thing. Don’t worry about tunes. Take a tune, sing high when they sing low, sing fast when they sing slow, and you’ve got a new tune”.
So with that concept in mind, Ferguson uses additional time to criticize Apple for not applying the “everything is borrowed” perspective for its products. He highlights the hypocrisy of American and international copyright and patent laws are built to counter the ability to previously use the work of others. Moreover, he cites multi-touch that was introduced in the original iPhone as an example. While Apple did indeed “patent” the technology, Ferguson highlights an example of the technology used by Jeff Han one year earlier and even highlighted the technology “wasn’t completely new” when he put it on display at a conference. This is fitting because Steve Jobs even admits in 1996 that even Apple “steals ideas”— with multi-touch being the most famed example… except it’s acceptable for Apple because you know— Android is a stolen product and all.
The video podcast is certainly an interesting one, so be sure to hit the break in order to check it out in all its entirety.
We already knew that Samsung would be filing post-verdict motions to overturn the jury’s guilty verdict, but it’s unclear as to exactly what path the company will take. Samsung’s official statement solidified its stance on fighting the issue, saying “this isn’t the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims.” And, with $1.05 billion at stake, it makes sense for the South Korean-based electronics company to carefully prepare before it takes its next step.
It’s expected that Samsung’s appeal to Judge Lucy Koh will be centered around the argument that the jury’s verdict was either unreasonable or unsupported by the evidence in play. Very rarely do Judges grant these types of motions, but due to the amount of damages, Samsung feels it has a chance. However, if the company is unsuccessful, there may be a slew of other options.