Samsung says 9 out of 10 Apple complaints were rejected and it won’t affect sales in other European markets

by Robert Nazarian on
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Earlier today we reported that a Netherlands Judge ruled that Samsung infringed Apple patent EP 2,058,868, and therefore banned the sale of the Galaxy S, Galaxy S II, and the Galaxy Ace.

Samsung made the following statement afterwards:

“Today’s ruling is an affirmation that the Galaxy range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our Galaxy smartphones to Dutch consumers.

“This ruling is not expected to affect sales in other European markets”

Later they made a second statement pointing out that the judge rejected 9 out of the 10 complaints Apple made against the Galaxy line (including tablets):

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Patent protection advocate asks for help in the investigation of Apple and Microsoft’s purchase of the Nortel patents

by Robert Nazarian on
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A few weeks ago we reported that the Department of Justice (DOJ) was going to investigate the pending sale of over 6,000 Nortel patents to a consortium led by Apple and Microsoft. If approved, the deal would be completed sometime during this quarter.

Keith Bergelt, CEO of the Open Invention Network is asking for help. He wants developers and users to step up to the plate and share their views with the DOJ with the hopes that the sale will be denied or altered. The Open Invention Network was formed in 2005 to promote Linux by using patents to create a collaborative environment. These patents are available royalty-free to any company, and is currently backed by IBM, NEC, Novell, Philips, Red Hat and Sony.

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Apple asks Dutch court to stop all sales of Samsung Galaxy branded phones and tablets for all of Europe

by Robert Nazarian on
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Last week we reported that Apple and Samsung had it out in a Dutch court. Apparently Apple is asking the court to stop Samsung from selling ALL Galaxy branded phones and tablets in Europe. They even asked them to recall units that are already in stores.

In case you are not up to speed, a German court gave Apple a preliminary injunction on the Samsung Galaxy Tab 10.1 for all of Europe, except the Netherlands. Samsung was never given a chance to argue, but they will on  August 25th. For now, the same German court reversed the injunction for all of Europe except Germany.

The case in Germany only involved community design which basically means that the Galaxy Tab 10.1 looks similar to the iPad. The Dutch court battlefield is different because Apple finally brought patent infringements into the mix.

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Google Motorola deal has a reverse breakup fee of a whopping $2.5 billion, Why so high?

by Robert Nazarian on
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Unless you have been under a rock for the last 24 hours you already know about the bomb that Google dropped yesterday acquiring Motorola. We continue to get more information, and something to note is that if the deal fails to close, Google will have to pay Motorola $2.5 billion which is more than six times the typical amount.

If you look at it on a percentage basis, the fee is more than triple the $3 billion AT&T is offering T-Mobile if that deals falls through. Google’s fee is about 26% of the transaction. The median percentage is 3.8% for all deals announced since January 1, 2010. The AT&T/T-Mobile deal is 7.7%.

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If Google is a crybaby then Apple is a coward for trying to take advantage of a broken system

by Robert Nazarian on
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What happens to cowards? They get slaughtered, and that is what Google did to Apple today when they announced their acquisition of Motorola. Before today the media was declaring Google a crybaby because they complained that Apple and Microsoft overpaid for the Nortel patents in an attempt to slow down Android with the courts rather than with innovation.

Apple and Microsoft did not “beat” out Google for the Nortel patents, they simply overpaid. Companies like Google, Microsoft, and Apple don’t “lose” deals like this. Each one of these companies has the money to buy whatever they want, but of course they set their own limit of what they are willing to pay. It is no different than the Yankees and Red Sox when they bid on a high priced free agent. A limit is set, and if the other team wants the player more, they will get the player. Sometimes both bidders are close, and someone loses by a small margin, but in this case there is no indication that Google’s final bid was that close. The fact of the matter is Google wasn’t interested in paying four times the value of those patents just to be a patent troll.

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Apple could have tampered with evidence in the German Apple v. Samsung case

by Robert Nazarian on
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Last week in Germany, Apple was successful in getting a preliminary injunction on the Samsung Galaxy Tab 10.1 for most of Europe, excluding the Netherlands. Samsung wasn’t able to defend themselves and the injunction was granted based on community design (the products look similar). Samsung gets their chance to defend themselves on August 25th.

I am not going to come out and say Apple tampered with evidence, but there is an interesting development that needs to be noted.

A Dutch website called Webwereld compared images (above) of the court documents and found that the Samsung Galaxy 10.1 was shown as having an aspect ratio of 1:36. It actually has an aspect of 1:46, while the iPad is 1:30. You will also notice that the Samsung logo was removed and the image is of the app drawer and not the normal homescreen.

I am no fan of Apple, but I find it hard to believe they would attempt to do this. Forget the pictures, I am sure the physical devices were (or will be) presented to the court. There is no way Apple could alter the physical devices. I just don’t think that Apple could be that naive to think that Samsung would not catch this. Trust me when I say that I hope I am wrong.

[via androidcentral]

Samsung vs Apple in the Netherlands will be decided on September 15th

by Robert Nazarian on
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We already reported that Apple succeeded in getting the Samsung Galaxy Tab 10.1 blocked from most of Europe. The exception was the Netherlands, and the proceedings came to a close today. Apple presented market research that 80% of respondents felt that the iPad and Galaxy Tab 10.1 were “identical” or at least “similar in general impression.” Apple also alleged infringement from the Galaxy S and Galaxy Ace. Samsung argued that Apple’s arguments were so vague that any digital photo frame would be an infringement.

The judge seemed amused at the arguments and called the legal representatives “terriers.” He finished by saying a ruling would come down on September 15th, and if an injunction were to come, it would be October 13th. If you are in the Netherlands and you are thinking about getting a Galaxy Tab 10.1, you have at least 63 days to save up your money.

[via engadget]

Patent battles:Trash talking Round II

by Robert Nazarian on
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Earlier today we detailed the first round of the trash talking of the ongoing patent battles between Google and Android manufacturers vs Apple, Microsoft, and Oracle. It all started with a blog post from David Drummond, Senior Vice President and Chief Legal Officer for Google. He basically said that Microsoft and Google overpaid for the Novell and Nortel patents to keep them away from Google. Later, Brad Smith (general counsel for Microsoft) and Frank X Shaw (lead corporate communications for Microsoft) chimed in via Twitter stating that Microsoft offered Google the chance to partner with them on the Novell purchase, but they turned them down.

Surprise surprise, David Drummond has chimed in again updating his original blog post. He basically said that Microsoft is trying to divert attention by pushing a false “gotcha!” Google did indeed turn down Microsoft’s offer because Microsoft’s plan was to keep from Google and Android manufacturers any patents that might be used to defend themselves. Drummond said, “Making sure that we would be unable to assert these patents to defend Android — and having us pay for the privilege — must have seemed like an ingenious strategy to them. We didn’t fall for it.”

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Patent battles:Trash talking Round 1

by Robert Nazarian on
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Unless you have been living under a rock, you are fully aware of the patent battles going on between Google and Android manufacturers vs Microsoft, Apple, and Oracle.

Yesterday afternoon, David Drummund, Senior Vice President and Chief Legal Officer decided to go on a little rant with a posting on the official Google Blog.

“Android’s success has yielded something else: a hostile, organized campaign against Android by Microsoft, Oracle, Apple and other companies, waged through bogus patents.”

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HTC revenues up 104% and promises Apple lawsuit will not have a fundamental impact on the company

by Robert Nazarian on
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HTC said today that the lawsuit against Apple will not have a fundamental impact on the company, and they are preparing an appeal for the recent decision that they infringed two of Apple’s patents.

“Many lawsuits nowadays are results of being successful; it’s part of the business,” said HTC CEO Peter Chou in a telephone conference with investors. “We will not bring the company to a dangerous position.”

The HTC and Apple fight has been ongoing for sometime now and a lot of people are fed up. We had one rant here, and you can also read up about how HTC might be fighting back with the purchase of S3 Graphics. Overall the patents that Apple is suing for seem very broad as we reported last week.

In other news, HTC announced second quarter earnings and things are still going well for the Taiwanese company. Revenues were up 104% year-over-year to NT$12.4 billion ($4.3 billion) and up 19% from the first quarter. They shipped 12.1 million devices during the second quarter which was up 24% year-over-year and 25% from the second quarter. So far, this year they have sold 21.8 million units as opposed to 8.7 million units for the first half of 2010. That is an increase of 250%.

[via reuters and htc]