Monday was supposed to see the Apple vs. Motorola trial begin, but Judge Richard Posner has decided to tentatively dismiss the case altogether, saying that “neither party can establish a right to relief.” Basically, he’s saying that neither Apple nor Motorola have presented a valid case.
Judge Posner has been cranky about this case from the start, even warning Apple at one point to stop filing so many motions. He says that neither side have been able to prove exactly how much the alleged infringements have cost anyone, and since the whole thing boils down to money, he doesn’t see a reason to block either company from selling products. Sounds to me like he’s saying “you’ll each be better off just getting back to business.”
His dismissal order is temporary, however, giving Posner some time to work up a formal opinion which he will issue next week. In other words, he could still change his mind. Most likely, if this ruling stands, an appeal will be made. But apparently Motorola is feeling confident with this order, making the following statement:
“We are pleased by the Illinois trial court’s tentative ruling today dismissing Apple’s patent claims and look forward to receiving the full decision.“
I say hallelujah for Judge Posner. It seems like every other day there’s a tech lawsuit of some sort, and honestly it’s getting a little tiresome. Who’s with me?
source: order (PDF)
Samsung today fired back at Apple’s recent allegations of patent infringement relating to the Galaxy S III. Apple has claimed the phone infringes on at least two of its patents, and has requested an injunction to prevent sales in the US until it can figure it out for sure. Samsung responded in a statement that it can and will “demonstrate to the court that the Galaxy S III is innovative and distinctive“. The Galaxy S III went on sale in Europe on May 29th, and is expected to go on sale in the US in July, months before Apple is expected to unveil the iPhone 5.
This is just the latest in the never ending feud between Apple and Samsung, and it seems Apple is feeling more and more vulnerable as it seeks to maintain its market share through litigation instead of innovation. We’ll keep you posted, but for those of us waiting for a Galaxy S III here in the States, let’s hope this gets settled quickly.
We know some of you all love your Macbooks, but wouldn’t you love it if you could have the Android OS in a Macbook body? Well thanks to the THD N2-A clamshell notebook, you will be able to enjoy the best of both worlds. The ICS-powered 13.3-inch notebook features an LED-backlit 1366 x 768 LCD screen, 1.2GHz ARM Cortex A8 processor, 1 gig of DDR3 RAM, built-in WiFi (with an optional ethernet or 3G dongle via the USB ports) and wait for it— a 4200mAh battery. The N2-A does not feature a touchscreen option, so you’ll have to use the touchpad and keyboard (which curiously includes a Windows key by the way) in order to navigate the operating system— though there is the option to connect a USB mouse to the system.
Overall, the N2-A notebook is definitely on the
cheaper modest scale. The device itself is incredibly light and thin too for a notebook: it comes in at 3.4 lb, while also including a decent silver finish. You’re probably wondering how much this lovely machine will cost, right? Well, you can’t buy one notebook buy itself, but purchasing the notebook in groups of 500 units will run you about $74,500 from THD directly. But then again you can think of it this way: if you have 500 Android friends who are yearning for some of that Android-on-a-Mac experience, it would come out to about $149 a piece, which is definitely competitive to even premium tablets out there. Hit the break to see photos and video of the N2-A in action.
Raise your hand if you’re sick of all the litigation. Yeah, me too. Apple and Samsung have been doing the legal dance for a while now, talks failing, and it continues. In December, Apple was denied a preliminary injunction against many Samsung products. Now, Apple has filed for more injunctions against more Samsung products… including the shiny new Galaxy S III.
What is Apple complaining about this time? The same thing Apple just fought HTC and Motorola over: a “data tapping” patent regarding the multi-option dialog that appears when pressing a phone number in an email or webpage. On top of that, Apple is also claiming the S III violates a unified search patent, essentially adding Apple’s Siri as the victim. It’s not Samsung’s S-Voice that has Apple’s panties in a bunch, but rather the base Android voice command and search architecture.
So far the presiding judge has not granted Apple the injunction, regardless of how much Apple stresses the importance of the timing before Samsung’s global release.
Let’s hope it stays that way.
source: Foss Patents
via: Android Police
Just when you think the storm had passed with the HTC One Series fiasco (which caused significant delays of anticipated devices), Apple has slapped HTC with yet another International Trade Commission complaint. Apple’s claim: HTC hasn’t done enough to avoid patent discrepancies and is still violating patents. The complaint identifies 29 devices which not only include the One Series smartphones, but devices dating back to 2 years ago including the EVO 4G, Amaze 4G, Rezound and Thunderbolt. In short– Apple is seeking “an emergency proceeding and enforcement action to prevent further infringement”. Essentially— if Apple gets its way, the ITC would essentially force HTC to modify its existing devices within a specific timeframe, while causing additional delays for devices that still have yet to be released.
Ladies and gents, be prepared for another round of the waiting game for the HTC One Series smartphones… whether or not Apple’s cause is heard or not.
source: FOSS Patents
By now we’ve all heard what the late Steve Jobs had to say about Android. Specifically, these two quotes from Walter Isaacson’s Steve Jobs biography:
- “I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong.”
- “I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”
In the upcoming trial between Apple and Motorola over a series of alleged smartphone patent violations, Apple lawyers had requested that these quotes, and any others from his biography, be excluded from testimony. On Thursday, federal Judge Richard Posner refused Apple’s request without explanation.
On Friday, the judge had this to say:
“More broadly, I forbid Apple to insinuate to the jury that this case is a popularity contest and jurors should be predisposed to render a verdict for Apple if they like Apple products or the Apple company or admire Steve Jobs, or if they dislike Motorola or Google.”
In other words, Posner is essentially saying that Apple should not try to influence jurors based on sentimentality over the late Steve Jobs, his popularity, or Apple’s.
The trial begins June 11 in the U.S. District Court for Northern Illinois.
In the never-ending legal war on Android by Apple, the latter succeeded in making HTC change some code around on their One X line of phones, and successfully delayed the launch of the HTC Evo 4G LTE by a couple of weeks due to a patent infringement lawsuit that HTC essentially lost. But that’s all Apple got since the AT&T HTC One X and the Evo 4G LTE have both been cleared by U.S. Customs and are now allowed entry into the country. HTC released the following statement:
“HTC has completed the review process with US Customs and HTC devices have been released, as they are in compliance with the ITC’s ruling. Future shipments should continue to enter the US and we are confident that we will soon be able to meet the demand for our products.“
Ultimately, the patent infringement issues Apple had with HTC didn’t do much but generate truckloads of legal bills for both sides. In the end, we all still get our phones, slightly modified, and only a couple of weeks late. So, Apple, was it worth it?
Apple and Samsung’s battles in the courts have been so heated that Judge Lucy Koh ordered them to meet on May 21st and 22nd to settle their differences. In the no shocker news of the day, there was no agreement. The festivities were led by Magistrate Judge Joseph C Spero, and company representatives included Samsung CEO Choi Gee-sung, Samsung’s Head of Mobile Division Shin Jong-kyun, and Apple CEO Tim Cook.
Samsung did express interest in a cross-licensing deal, but it looks like both parties are just too damn stubborn. One thing they do agree on is they would like avoid trials. Apparently not all that much. It looks like the case will be back in the courts in July unless they decide to meet again and come to an agreement.
Buzz around the Internet is that Samsung’s Galaxy S III took its design ques as a result of the ever ongoing battle with Apple’s patent infringement case. Samsung design VP, Chang Dong-hoon was asked earlier today to give his feedback on the matter to which he denied it being the case at all. According to reporters, at the 2012 Seoul Digital Forum, Dong-hoon claimed the following to clear the matter up:
“Our change in smartphone design is part of a five-year plan, not a sudden turn-around”
Dong-hoon was persistent in noting that the design of the GSIII’s curved shape was due in part to be the product of hundreds of different iterations and not the pressure of the battle against Apple. Either way, I’m very pleased with the design quality of the device, even though a literal brush metal would have been nice instead of a metal-“ish” material. What do you think?
If at first you don’t succeed, try, try again. This invaluable proverb has been motivating children in the UK for over 200 years now and I was fairly certain that I’d never find a scenario where it doesn’t fit… until now.
In its eternal battle to ban pretty much everything ever invented that doesn’t have an Apple logo on it, Apple hauled Samsung through the US courts last summer with a view to banning the original Galaxy Tab 10.1. Apple’s bid didn’t prove fruitful on that occasion however news from Foss Patents surfaced today suggesting that Apple is back in for a second bite at the cherry and that perhaps this time it might just succeed.
Florian Muller from Foss Patents had the following to say on their website: “Apple’s motion is fairly likely to succeed. If and when it does, there will be formal U.S. bans in place against all three of the leading Android device makers. Also on Friday, the ITC ordered a U.S. import ban against Motorola’s Android-based devices (to the extent those infringe a particular Microsoft patent), and in December, the U.S. trade agency also banned HTC’s products that infringe a particular Apple patent — as a result, two HTC product rollouts just got delayed.”
With Apple and Samsung due in court later in the week with a view to attempting to put an end to this nonsense, this writer will certainly be hoping not to write another article on litigation any time soon. Seriously Apple; save the money for your R&D department, it needs it way more.
Source: Foss Patents