Do you remember all the patches and workarounds that Samsung and Google had to push out to consumers last summer to remove unified search from Android devices, specifically the Samsung Galaxy Nexus? That work was due to an injunction awarded by Judge Lucy Koh to halt sales of the Galaxy Nexus which was the subject of a patent lawsuit Apple filed against Samsung. In granting the injunction halting sales, Koh determined Apple could suffer irreparable damage and loss of market share unless sales of the Galaxy Nexus were halted as long as they included a universal search function. » Read the rest
Unless you’ve been living under a rock, you have probably been following the ferocious legal battle between Samsung and Apple. Despite a guilty verdict, new documentation has revealed that Samsung may not have told its designers to copy the iPhone.
Documents that were initially redacted during the trial have been released in their full form, and what is contained within them is disheartening. While early reports surfaced claiming that a Samsung executive told the company’s designers to “make something like the iPhone”, the actual document quotes the senior executive as saying, “I hear things like this: Let’s make something like the iPhone.” When everybody (both consumers and the industry) talk about UX, they weigh it against the iPhone. The iPhone has become the standard. That’s how things are already.”
Unlike previous accusations, there is no actual wording to suggest that Samsung intentionally copied the iPhone. Instead, the executive lamented that in order to be successful, “you must think at least six months ahead; be the solution to the problems that related departments come looking for. Be people with creativity. Designers rightly must make their own designs with conviction and confidence; do not strive to do designs to please me (the president); instead make designs with faces that are creative and diverse.”
Samsung clearly defends its “original” industrial design in the statements above, going on to state, “our biggest asset is our screen. It is very important that we make screen size bigger, and in the future mobile phones will absorb even the function of e-books.” However, the company did admit that at one point its team faced a “a crisis of design,” as it told its designers to “do their best not to create a plastic feeling and instead create a metallic feel.”
So, if Samsung clearly touted its much larger display as a differentiator from a branding standpoint, how could the jury accurately conclude that it purposely copied the iPhone? It’s believed to be the way that Apple’s lawyers presented the evidence that swayed the jurors’ opinions, neglecting to bring up important evidence and selecting minuscule pieces of what would obviously favor the Cupertino-based company.
Regardless, there will undoubtedly be more drama in the legal battle, as things aren’t expected to cool off anytime soon.
The 2012 Mobile Choice Awards was held last night in London, and Samsung came out on top with the Galaxy S III winning best smartphone for 2012. We should note that the iPhone 5 wasn’t part of the festivities, but I’m confident the GSIII would still be the winner. As to tablets, not surprisingly the iPad won, but the Nexus 7 was a close second. Hit the break for all the results.
We already know that Samsung is appealing the big decision that landed in August involving Apple patents, and we already had an idea that they would go after the jury foreman, but now we have a clearer picture. Samsung has a dozen exhibits involving jury foreman, Velvin Hogan, and his public statements. He made himself available for several interviews after the trial and it seems as though he made a lot of misstatements. For example, he said design patents are based on “look and feel” and that prior art must be “interchangeable” in order to invalidate a patent. “These incorrect and extraneous legal standards had no place in the jury room,” wrote Samsung in its brief.
I never thought sales of the Galaxy S III would suffer dramatically, but honestly, I thought that they would have slowed right after the Apple vs. Samsung verdict and right after the announcement of the iPhone 5, but neither did. If anything, they helped. The above chart is from Localytics, and it shows an average weekly growth of 9% from July 31 through October 1.
What’s most interesting is the two biggest spikes. The first one was a 16 percent jump during the period of August 21 to August 27 (Tuesday to Monday). On August 24, the verdict came down in the famous Apple vs. Samsung case, and you can clearly see it was the best week. The second example was during the period of September 11 to September 17, which showed 15 percent growth. It was on September 12 that Apple unveiled the new iPhone 5, but growth was the second biggest.
Despite, most major Android manufacturers losing users, Android continues to grow as a platform. comScore recently released its May through August market share numbers and it shows Android’s overall gain. The most recent data highlights the percent of Android smartphone users jumped from 50.9% in May to 52.6% in August, so its safe to say that Android is still the most popular mobile platform. Among Android manufacturers, Samsung is steady as 25.7%, LG is down to 18.2% from 19.1% and Motorola is down to 11.2%, a 0.8% change from May. It seems that the only manufacturer reporting any real gain is Apple, which not only boosted their hardware from 15% to 17.1%, but their software a whopping 2.4% from 31.9% to 34.3%.
While it appears that Android the platform continues to grow at a steady pace, Apple crossing the one-third share mark may indicate Android isn’t so safe after all. The one bright light shining through these hazy reports is actually HTC, who is extremely popular in the US. The Taiwanese smartphone manufacturer has boosted themselves a subtle .2% to 6.3% total share. One major thing to keep in mind about these numbers is that they don’t account for September’s iPhone 5 release, so Apple’s current share may be even higher than their current status. If you’d like a closer look at the numbers just click through the source link.
Latest news has confirmed that Motorola has dropped their latest ITC patent infringement case against Apple where they were seeking an import ban on both the iPhone and iPad. Sadly, we have no current reason as to why Motorola has decided to drop this case against Apple. Motorola specifically stated that ”There are no agreements between Motorola and Apple, written or oral, express or implied, concerning the subject matter of this investigation.”
Would you all have liked to see Motorola to see this through the end? I’m sure it couldn’t have hurt, but perhaps they just didn’t want to waste resources in fighting a losing battle? Either way, only Motorola truly knows why they decided to drop the case.
source: The Verge
It was only a matter of time before Samsung threw the next slap in its epic catfight against Apple. After Apple’s massive victory, Samsung vowing sweet revenge and of course, the recent release of the iPhone 5 smartphone, Samsung has gone ahead and asked the courts to allow it to include the iPhone 5 in its countersuit. In this filing, Samsung alleges Apple infringed on the same patents as other devices which includes standards-essential 3G patents and specific feature patents. The countersuit is still quite young and developing, so it’s uncertain of whether or not the courts will allow it to include the iPhone 5 added to the list of devices to flag for. Then again, there is the belief that Samsung will be allowed to include the iPhone 5 among the infringing devices, so we should formally see it when both parties convene in November.
So where we stand now is Apple trying to ban many Samsung devices for infringement, while Samsung on the other hand, has filed a counterclaim and is now trying to ban multiple Apple devices on the basis of 3G and LTE standards. Boy, oh boy this is getting tough to keep track of. Sheesh.
source: The Verge
Judge Lucy Koh has reneged on her previous decision to stop sales of the Samsung Galaxy Tab 10.1 in the US, and has officially lifted the sales injunction on the device. This change of heart has come after a California Court of Appeals found that the tablet did not infringe on any of Apple’s trade dress patents.
As expected, Samsung is thrilled with the decision, saying:
“We are pleased with the court’s action today, which vindicates our position that there was no infringement of Apple’s design patent and that an injunction was not called for.”
Apple’s $2.6 million bond could also potentially be issued to Samsung due to the wrongful accusation. While this decision is certainly good news, Apple should undoubtedly be held responsible for Samsung’s inability to sell its product. Besides, that’s what the bond was posted for in the first place. At this point, though, it’s not even that big of a deal, seeing as the company is already selling its third iteration of the device.
It looks as if Judge Lucy Koh isn’t quite finished yet in regards to the Apple vs. Samsung saga. If you recall, we mentioned that Samsung confirmed its intentions to appeal notable items such as the injunctions of its tablets— and it now appears that it has gotten its wish thanks to the U.S. courts. The U.S. Court of Appeals for the Federal Circuit recently granted Samsung’s request to have the injunction of the Galaxy Tab 10.1 remanded in order for the trial court to re-consider Samsung’s motion to terminate the injunction. So what does all this mean? Well— while nothing is for sure, but this decision will allow Samsung to have additional time and present an effective argument highlighting why the injunction should be lifted since the jury did not find any type of tablet design patent infringement.
In essence, the Appeals Court is forcing Judge Koh to sit down for yet another day and hear why Samsung is right and Apple is wrong. Of course there’s a slim (or major) chance that Judge Koh probably won’t lift the injunction, but hey— anything can happen in this wacky world.
source: FOSS Patents