As the lawsuits between Apple and Samsung continue to slowly wind down, Samsung has prevailed in avoiding an injunction that Apple was asking for in the latest episode. Earlier this year Apple prevailed in a patent lawsuit to the tune of $120 million. The injunction request was related to that lawsuit as Apple hoped to stop Samsung from selling products that used the patents in question.
“We are done”. Those are the words of Judge Lucy Koh expressing an understandable sigh of relief after the epic Apple vs. Samsung battle out here in the States. The testimony and deliberations included words from famed professors to more or less gag orders aimed at Samsung developers. While Samsung and Apple will have a few hours for their closing arguments on Tuesday, the ultimate decision will be left to a jury of seven men and two women on whether or not Samsung did in fact, commit several patent infringements. And in case you all weren’t sure before, the panel will have a lot to think about too. In order for an infringement ruling to be made, the jury will have to unanimously agree that a particular patent is valid and infringed by a particular device. The issue is: there are tons of different phones and tablets named in the case (i.e. the Samsung Galaxy S and Galaxy Tab) in addition to the various patents.
We’re absolutely certain all eyes in the tech world will be on the ruling the jury and Judge Koh makes for the landmark case this upcoming week.
As the Apple & Samsung case winds down, Judge Lucy Koh sought one last ditch effort in order to get the executive heads to try and make peace before the final decisions where handed to a jury because after all, she “sees risks here for both sides”. While the lawyers asserted each CEO would attempt to talk (again), most patent lawyers believe it’s not likely. Florian Mueller, an intellectual property consultant believes “think this dispute isn’t ripe for a settlement” because Mueller agrees with Judge Koh and argues both sides have too much at stake in the case.
Hopefully the CEOs do end up coming together and resolving this issue once and for all. It’s time to focus on development on innovative products now— not bickering and name slander. Like Judge Koh says, “it is time for peace”.
As the Apple vs. Samsung saga continues on, the courts continue to lay the smackdown on Samsung. Judge Lucy Koh recently signed a document which bars Samsung designer Hyong Shin Park from testifying in the courtroom. Park is quoted as saying Samsung’s phones were inspired by a “bowl of water” as opposed to the iPhone. Samsung adds by explaining Park’s design patent dates back to December 2006, which is well-before when Apple launched its first iPhone. Apple on the other hand, countered by arguing her project, the F700, isn’t in the list of accused phones (i.e. the Galaxy S), and that Park’s testimony isn’t relevant to the case. In addition, the Cupertino giant has also argued that her testimony isn’t relevant because she didn’t design any of the products it says copied the iPhone’s look and feel.
Despite the major setback for Samsung, the lawsuit continues on today. As the epic trial comes to a close, the hope is that there will be some sort of resolution or compromise so the two companies can finally move on.
As Apple and Samsung continue to go back and forth in their respectful disagreements with one another, Apple was dealt an
irrelevant small setback. If you recall, Apple and Judge Lucy Koh weren’t too pleased that Sammy released confidential court information to the media and both wouldn’t allow Sammy to use clever movie clips either. As a result, Apple requested Judge Koh lay the smackdown on Sammy— which Judge Koh seriously considered. However, after some deliberations and interviewing jury members to see if they were affected by the leaked information, Judge Koh decided to abstain from any further action regarding this. Apparently four jurors saw the leaked info and claimed it wasn’t a problem at all with themselves. Still, Judge Koh expressed her desire for all the jurors to not read any further information about the leaks and she is quoted as saying this for her reasoning:
“Those remedies are not warranted by the current record. I will not let any theatrics or sideshow distract us from what we are here to do.”
Despite all that, Apple still claims that the leaked information as well as the subsequent Samsung devices has affected the company as a whole. Apple’s marketing lead Phil Schiller claims Samsung’s design thefts has hurt Apple’s overall profits:
“I was pretty shocked at the appearance of the Galaxy S phone and the extent to which it copied (Apple products,)… I absolutely believe it’s had an impact on our sales.”
Not sure of what to make of this latest development, but just when you all think it can’t get any messier— it gets a little messier folks.
source: The Register UK
Last week, Samsung motioned to stay the preliminary injunction of the Galaxy Tab 10.1, but Judge Lucy Koh denied the request. Samsung then appealed to the United States Court of Appeals for the Federal Circuit in hopes of stay at the federal level. Samsung’s motion for an immediate stay of the Galaxy Tab 10.1 injunction was denied by the Federal Circuit’s Motions Panel, with no reasons given, but since the Galaxy Tab 10.1 is nearing the end of its shelf-life, it’s presumed that the circuit judges feel the harm to Samsung is minimal.
The Federal Circuit has ordered Apple to respond to Samsung’s motion to stay no later than July 12 by noon (Eastern Time) for the Tab 10.1.
In contrast, Samsung did win a stay on the injunction against the Galaxy Nexus. At least there’s that.
source: foss patents
Unsurprisingly, Samsung today filed an appeal for Apple’s injunction banning sales of the Galaxy Nexus in the US. Samsung is arguing that the ban “is inconsistent with the Federal Circuit’s directive that market share losses must be substantial”. The preliminary injunction, handed out by Judge Lucy Koh, is based on the “Siri patent”, which is a patent on unified search that Koh believes the Galaxy Nexus infringes. Samsung must be getting used to these appeals as it also recently appealed a similar injunction against the Galaxy Tab 10.1, which is also now banned from store shelves.
There’s still a good chance the Federal Circuit will stay the injunction for the Galaxy Nexus, allowing sales to continue. If not, then Sammy (or maybe even Google since the phone runs stock Android) will have to come up with a software workaround, similar to what HTC had to do to get past the injunction on their One X series of phones.
Are we having fun yet with these lawsuits? I didn’t think my disdain for Apple could get any worse, but they keep proving me wrong.
source: foss patents