The Ruling Is In: Jury Rules In Favor Of Apple Over Samsung In Landmark Case, Samsung Ordered To Pay Over $1 Billion In Damages

by Roy Alugbue on
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The verdict is officially in folks— Apple has officially claimed victory over Samsung. Based off extensive review and hours of deliberation, the jury believes Samsung not only violated numerous Apple patents, but also Apple has not infringed on any of Samsung’s patents. Here’s a quick rundown of each verdict:

 

  • Jury finds Samsung infringement of Apple utility, design patents for some (though not all) products
  • Jury upholds Apple utility, design patents
  • Jury upholds Apple trade dress ’983
  • Jury finds Samsung “diluted” Apple’s registered iPhone, iPhone 3 and “Combination iPhone” trade dress on some products, not on others
  • No Apple infringement of Samsung utility patents
  • Jury found Samsung violated antitrust law by monopolizing markets related to the UMTS standard

 

As a result of the jury’s decision, Samsung is also ordered to pay a king’s ransom in damages— all to the tune of $1.05 billion, while no damages are assessed to Apple in Samsung’s countersuit.

Thoughts?

source: CNet Live Blog
via: CNet

Jury In Apple Versus Samsung Case Requests Extra Deliberation Time

by Roy Alugbue on
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The entire tech world is waiting for the final decision from the jury in the Apple vs. Samsung trial, but it looks like we’ll have to wait a little longer as the jury is still in deliberations and has made a request to extend discussions by an hour before the trial takes a break for the weekend. The general idea is this likely indicates the group is either not so close to reaching a consensus or the jury wants to ensure it has all of the important facts correct and will leave no room for any sort of doubt once making the decision (hopefully by today). Oh and don’t forget either— the jurors have a hefty-sized notebook to go through in order to help decide what damages can be given to either Samsung or Apple.

There is still the hope that a verdict will be reached by 4:30pm PST today. Fingers crossed we’ll hear some news soon.

source: TGDaily
via: Phandroid

Korean Court Rules Samsung and Apple Violated Each Other’s Patents

by Dominick DeVito on
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The Seoul Central District Court in Korea has ruled that Samsung and Apple violated each other’s patents. The end result is that both companies are banned from selling the infringed devices in South Korea including the iPhone 4, iPad 2, the Samsung Galaxy S2, Galaxy Nexus, Galaxy Tab and Galaxy Tab 10.1. Both companies were rewarded punitive damages.

Apple is accusing Samsung for creating consumer confusion and being a copycat. The judge noted despite similarities in physical design, the devices between the two companies have distinct logos, making it difficult for consumers to mix them up. In addition to logos, the judge also noted Samsung’s products differentiate from Apple’s with its three buttons in the front and differently adopted designs for the camera and sides. The judge also considered the fact that buyers look at other options when purchasing a new device such as price, brand, applications, services and operating systems.

The court ruled Apple violated two of Samsung’s wireless technology patents, while Samsung violated one of Apple’s for bounce-back technology. Apple must pay Samsung a punitive of $17,650 in damages for each violated patent, while Samsung must pay Apple $22,000 respectively.

Source: CNET

Samsung-Apple Jury Receives Final Instructions from Judge Before Closing Arguments

by Dominick DeVito on
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After three grueling weeks of the tech world’s highest profile patent trial, and hearing both sides of arguments, the jury in the Samsung-Apple trial were given final instructions by Judge Lucy Koh on what they should be deciding.

The jury will hand down one of two potential verdicts. A ruling in Apple’s favor could lead to a ban on Samsung products and force Samsung to change its designs or pay licensing fees. A Samsung favored outcome could taint Apple’s reputation of being the world’s leading tech innovator.

Being on this jury is anything but easy, as they’ve been given a total of 84 instructions after Judge Koh gave the jury a crash course in patent and trademark law. Hit the break for a brief overview from a few of the more important ones.

» Read the rest

Google’s Pablo Chavez Believes Current Software Patent Model May Not Promote Innovation

by Roy Alugbue on
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Tired of all these issues involving software patents? Well luckily, you’re not alone— even high-ranking officials at prominent companies are sick too. While speaking at the Technology Policy Institute conference, Google Public Policy director Pablo Chavez states:

 

“One thing that we are very seriously taking a look at is the question of software patents, and whether in fact the patent system as it currently exists is the right system to incent innovation and really promote consumer-friendly policies.”

 

Chavez certainly has reasoning for this too. As of now, Google has been involved in long-standing disputes against other tech heavyweights such as Apple and of course, the not-so-friendly Oracle. Oh and don’t forget patent trolls and patent bullies like the infamous and generally disliked Lodsys. The current software patent model doesn’t make sense and is not uniform in something like medicine-related patents. To support his notion, Chavez believes software patents can be differentiated from patents in areas such as medicine because a:

 

“Lot of structural differences between that industry and the software industry. With that in mind, we are starting to brainstorm longer-term solutions.”

 

Chavez’s reasoning certainly isn’t too unreasonable, especially since there are other experts who you know— share the same sentiment.

source: CNet

Samsung Scores a Victory Regarding Jury’s Instructions

by Justin Crouch on
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As you know, Samsung and Apple have been in a very heated battle regarding who copied whose patents, and assuming no settlement is reached, a final verdict will be made in the next few days. Yesterday, in a turn of events, Samsung was able to score a victory as Judge Koh made a surprising reversal to the prior ruling by Magistrate Judge Paul S. Grewal. Judge Grewal had originally decreed that the jury would be told Samsung had failed to retain evidence as part of the jury instructions.

This ruling upset Samsung for two reasons: First, the date they were accused of deleting their emails was well before the lawsuit was filed, and secondly, during that time Apple had not yet ordered its employees to start saving their emails either. Since Apple was the one who brought on the lawsuit, Samsung reasoned that they were equally as responsible for saving messages from the same start date since they knew the lawsuit was on the horizon. » Read the rest

Not Surprising: Apple and Samsung tried to settle over the weekend but failed

by Robert Nazarian on
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The jury is scheduled to start deliberating tomorrow, but Judge Lucy Koh was hopeful that both Samsung and Apple could cut a deal. Apparently both parties did attempt it over the weekend after Judge Koh asked the parties to simplify the dispute as well as ask the chief executives to talk it over one more time. Not surprisingly, nothing was resolved.

Both Apple and Samsung made a joint filing with the court that said, “The parties have met and conferred about case narrowing, but have not been able to narrow their cases further.”

I have to be honest with you. I’m glad they didn’t cut a deal. Lets find out if Samsung really did anything wrong here. I for one think that they were inspired by Apple, and not guilty of actually copying them. Unfortunately Apple owns patents that are ridiculous in itself, so Samsung could be found guilty. That would be very sad to me, and that’s not because I’m an Android fan. It’s because this type of thing happens in all industries, and I’m not sure why Apple thinks they are different from any other company out there. If things were the other way around, I wouldn’t want Apple to lose either. It’s just plain wrong.

source: businessweek

Motorola files new patent case against Apple, seeks import ban on iPhone and iPad

by Colton Kaiser on
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While Samsung is still part of an ongoing battle with Apple, Motorola has decided to step up and join the fight. Google’s Motorola Mobility filed a new case with the U.S. International Trade Commission (ITC) Friday, claiming some features on Apple’s products infringe on it’s patents.

After having it’s entire case against Apple dismissed earlier this summer, Motorola has now requested an import ban on Apple’s iPhone, iPad, iPad touch and Mac computers, claiming infringement on seven of its intellectual properties. Interestingly, the allegedly-infringed features include Apple’s Siri voice-recognition software, as well as e-mail notifications, the music/video player and location reminders.

» Read the rest

At Long Last: Testimony Is Finished In Apple Vs. Samsung Case

by Roy Alugbue on
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“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.

source: AllThingsD

Judge Koh wonders if Apple attorneys are ‘smoking crack’

by Robert Nazarian on
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Every day seems to bring more drama to the Apple vs Samsung trial. Apple filed a 75-page briefing that covered 22 potential rebuttal witnesses they could possibly call after Samsung finishes presenting their arguments. Judge Lucy Koh was thoroughly disgusted, and when the jury was out of the courtroom, she asked why they would present such a lengthy document “when unless you’re smoking crack you know these witnesses aren’t going to be called!”

I knew they were smoking crack all along, didn’t you? Of course Apple attorney William Lee denied it by saying, “First, your honor, I’m not smoking crack. I can promise you that.” Then they agreed to trim it down and attorney Michael Jacobs said that they didn’t mean to burden the court. He also believed they would be able to run through all the witnesses in the given time, and that some of the witnesses were Samsung’s. Koh became even more frustrated and told the parties that the conversation would come at the expense of their trial time. She said, “I’m billing time because you all are being unreasonable.”

The bottomline for Judge Koh is that she wants the trial to end by next Tuesday and I highly doubt Samsung or Apple will be able to prolong this debacle any longer.

source: theverge