Samsung seeks a retrial of the retrial in Apple copycat case

Apple vs Samsung

The Samsung vs Apple war is one of those wars that may never end. Last year’s famous copycat trial ended with a $1.05 billion reward for Apple, but $410 million of it was dropped by judge Lucy Koh after some mistakes were found in the jury’s calculations. A retrial took place in which Apple was awarded $290 million of that $410 million bringing the total damages to $930 million.

Samsung is now seeking a retrial of the retrial. Samsung is claiming racial bias because Apple compared Samsung to other Asian manufacturers that flooded the market with low-cost TVs that forced several U.S. companies into bankruptcy. It’s unlikely Koh will agree with this argument, and if so, Samsung will most likely take it to the Supreme Court and appeal the decision.

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Samsung loses home turf court battle in South Korea to Apple


In the ongoing string of court battles between Samsung and Apple, Samsung has come out the loser in the latest round. This battle took place in South Korea where Samsung alleged Apple violated patents related to short message display methods and messaging group features. Samsung had asked the court to put a sales ban on the iPhone 4S, iPhone 5 and iPad 2 in place and they had asked for 100 million won ($95,000 USD) in damages. The judge in the Seoul Central District Court threw out the damages claim and refused to institute the sales ban.

In response to the latest ruling, Apple’s spokesman in Korea, Steve Park, said the company is “glad the Korean court joined others around the world in standing up for real innovation and rejecting Samsung’s ridiculous claims.” Apparently Park was not referring to a case last year in which Apple was found to have infringed on two of Samsung’s patents for wireless technology.

source: Reuters

comScore report shows Android OEM market share, Motorola barely seeing any improvements

Q3 market share

comScore’s latest smartphone market share report confirms the trend we’ve been seeing for a while now; Samsung and Apple continue to dominate the landscape, while most other manufacturers fight for the scraps at the bottom of the pile. The Q3 report shows that Apple lost roughly 0.2% while Samsung saw another growth of 1.3%, which combined puts the two of them in control of 66% of the market, or 2/3 of every smartphone. That’s rough for everyone else. Motorola managed to pull up into third place with 7% of total smartphone subscribers. Read more

Roughly 40% of iPads sold on Black Friday were to Android users


Android users sure want to take a bite out of that Apple. According to more than 90,000 Black Friday receipts from Android and iOS users collected by InfoScout, about 40% of them were Android smartphone owners that bought an iPad. This means that about 36,000 Android users bought an iPad. This is an interesting figure because it shows that although Android is an excellent experience on a smartphone, those consumers aren’t feeling the same way about it on tablets. And with the launch of the new iPad Air, consumers are certainly going to be driven to buy something new with excellent specifications.

Google, on the other hand, has yet to announce their plans for a new Nexus 10 or even a Nexus 8. While some would say it is really up to OEMs to produce great tablets, I would argue that Google needs to shape the tablet experience into something fresh with their Nexus devices. The Nexus line is nowhere near as popular as Samsung’s Galaxy brand, but it certainly is evolving into something mainstream.

Source: InfoScout Blog
Via: Cult of Android

Eric Schmidt thinks an Android phone makes ‘a great Christmas present to an iPhone user!’


Eric Schmidt, the executive chairman of Google, has recently taken to Google+ to tell iPhone users how to properly convert to using an Android phone. His detailed and lengthy post includes information on how to move contacts over from iCloud to Gmail, how to set up an Android phone, and why users should switch from Safari to Google Chrome.

While the information itself really isn’t anything new, the fact that Schmidt took to Google+ to post it is a very interesting choice. Eric also mentioned that Android devices “are a great Christmas present to an iPhone user.” You can find the full post by clicking on the source link.

Source: Eric Schmidt

Witness credited by Apple juror as being “superstar witness”


The recent trial between Apple and Samsung has led to Samsung now owing Apple an additional $290 million in damages, bringing the total amount that Samsung owes Apple to $930 million. In this trial, Apple used many of the same lawyers, arguments and witnesses as it did in the trial last year. There was however one new damages expert, Julie L. Davis, who was added to the team.

Jury forewoman Colleen Allen explained that “Ms. Davis was on it”, saying that she was a “superstar witness” and that she remained composed even while being cross-examined.

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While damages trial goes to jury, Samsung seeks mistrial


Patent wars between Samsung and Apple continue to rage on, with both sides presenting their closing arguments for the current retrial on Monday. The matter is very complicated, but essentially in the original trial between Apple and Samsung, the jury found that multiple Samsung devices did indeed infringe on Apple’s patents. Despite the fact that multiple Apple patents were infringed upon, damages were only awarded for one patent, and what should have been awarded to Apple was miscalculated.

Samsung has paid $400 million of the original $1.05 billion that Apple was awarded, and Apple is now seeking a further $380 million on top of the remaining $650 million that Apple is owed. Samsung, however, believes that they are only responsible for a further $52 million.

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Google settles states’ Safari probe allegations with $17 million


Google will cough up $17 million to a total of 37 states and the District of Colombia in order to settle allegations made against them. These allegations essentially involved Google’s use of cookies on the mobile version of Apple‘s Safari, regardless of whether users allowed cookies in their security settings or not. This $17 million is on top of the $22 million they agreed to pay in August 2013 after the U.S. Federal Trade Commission conducted their own probe for the same allegation.

The settlement comes after a rather long two year probe into the tech giants use of cookies. “Cookies” is the word used for small files that allow websites to track users browsing habits. By default, Safari for iPhone or iPad blocks cookies, but Google was able to bypass these settings by altering the code involved in the cookies they used. Google agreed to not use this altered code, unless in the case of security, fraud, or technical issues.

The company agreed to pay $22 million in August 2012 to settle a probe by the U.S. Federal Trade Commission relating to the same matter.

Source: Reuters

Apple vs. Samsung battle renewed by U.S. Court of Appeals


Remember when Samsung faced a possible U.S.-ban on 26 of its products last year? U.S. District Judge Lucy Koh denied Apple’s request for a court injunction against Samsung. It was good news for the Korean manufacturer, but it still had to pay $1 billion in damages.

However, Samsung may again be in danger. Today, the Wall Street Journal reported that the U.S. Court of Appeals for the Federal Circuit gave Apple a partial victory which will give the company another chance to argue that Samsung should have its products banned from the U.S. market.

Apparently Koh had not considered Apple’s evidence well enough to make her decision in the case, according to the Court of Appeals.

If something new comes out of this new trial, we’ll certainly keep you updated.

Source: Wall Street Journal

Phil Schiller claims Samsung damaged Apple’s brand image through patent infringement


As part of Apple and Samsung’s latest lawsuit, one of Apple’s top marketing executives, Phil Schiller, took to the stand to discuss the damage Samsung actually did to Apple through technology and design patent infringement. According to Schiller, he was “quite shocked” when Samsung released their original Galaxy S smartphone, since it was a direct copy of the iPhone. He claimed that it weakened the world’s view of Apple, and that it caused consumers to “question our innovation and design skills in a way that people never used to” because it was so similar. Read more