According to a report published by DigitTimes this morning, Chinese smartphone manufacturer Xiaomi is facing major difficulties selling its devices outside of China despite its belligerent marketing techniques.
Earlier this month during T-Mobile’s Uncarrier 6.0 event, one of the changes announced was a “Test Drive” program in which T-Mobile will give potential consumers a smartphone to try for free for seven days. Now Samsung is following suit as they have announced a similar try-before-you-buy program at five locations in the U.S. Samsung will allow consumers to try out a Galaxy S 5, a Galaxy Note 3, a Samsung Gear 2 or a Samsung Gear Fit device. The trials can be done for each individual device or consumers can pair them up, say a Galaxy S 5 with a Gear 2. The packages include the devices, necessary charging cords, earbuds, a screen protector for the smartphones, and carrier service not tied to buyers’ personal accounts.
Consumers will have up to 21 days to use the devices as they ponder their investment. Like T-Mobile, Samsung will require a major credit card or debit card deposit and the devices must be returned undamaged to receive a full refund of the hold. The program is being offered through Galaxy Studio locations in Dallas/Fort Worth, Houston, Los Angeles, Santa Clara, and New York City. Hit the break to read the full press release from Samsung.
Apparently the new Beats Music service wasn’t fully prepared for the amount of registrations it received after its initial announcement yesterday— the service had to temporarily halt any new registrations because of the influx of demand.
Apple is trying to bring Google into their lawsuit with Samsung in a roundabout way. Apple wants a judge to ask Google to turn over documents related to the Android OS. Apple argues that by having a judge force Google to turn over the documents, it will help prove their case of Samsung’s alleged infringement. Android runs in all of Samsung’s devices that Apple has a problem with and Apple argues that Android “provides much of the accused functionality“.
A lawyer for Apple claims that Google is not doing a full search for said documents, but the lawyer representing Samsung in this case and who also represents Google as well, said that this was part of Apple’s “strategic decision… to keep Google off the complaint” in this case. By not listing Google as part of the complaint, Google is not entitled to the same reciprocal discovery process as Apple and Samsung. If a judge orders this evidence to be turned over Apple, they could possibly be handed something they could use to try and come after Google, that they would not have got without a judges order.
This is the second trial for Samsung and Apple. The first one didn’t go as well as Samsung had hopped, having received a judgment of $1.05 billion which was later reduced to $639.4 million by the same judge, who also order a new trial. As always we will keep an eye on any developments in this case and bring them to you as soon as we hear them.
Apple initially filed a request with the Federal Circuit Court of Appeals in October asking the panel to revisit the rejected sales ban that was briefly placed on the Galaxy Nexus last year. Today the court has officially ruled on the matter, rejecting the Cupertino company’s request for an injunction. The reasoning behind the decision remains unclear as the court failed to include any sort of detailed documentation with the ruling.
While Steve Wozniak had a public appearance in Shanghai, he held an interview fielding questions about the company he co-founded, Apple. He spoke about topics related to the newly unveiled iPhone 5 and the the Apple v. Samsung trial. In relation to the latter Wozniak was very clear that he hates all the litigation;
“I don’t think the decision of California will hold. And I don’t agree with it — very small things I don’t really call that innovative. I wish everybody would just agree to exchange all the patents and everybody can build the best forms they want to use everybody’s technologies.”
After receiving a guilty verdict last week, Samsung faces the possibility of having several of its devices banned in the United States. Today, the company has promised to fight Apple’s attempt to ban these devices, claiming “we will take all necessary measures to ensure the availability of our products in the U.S. market.”
A spokesman for the company told reporters that Samsung’s options included filing to stop the injunction, appealing if the judge grants it, and modifying its infringing products if necessary. It’s also been reported that Samsung officials have already begun discussing with wireless carriers about the potential need to remove or modify existing features that violate Apple’s IP in order to keep its products on the market. This would be the case with smartphones like the Galaxy S II, which is still being sold by several major US carriers.
We already knew that Samsung would be filing post-verdict motions to overturn the jury’s guilty verdict, but it’s unclear as to exactly what path the company will take. Samsung’s official statement solidified its stance on fighting the issue, saying “this isn’t the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims.” And, with $1.05 billion at stake, it makes sense for the South Korean-based electronics company to carefully prepare before it takes its next step.
It’s expected that Samsung’s appeal to Judge Lucy Koh will be centered around the argument that the jury’s verdict was either unreasonable or unsupported by the evidence in play. Very rarely do Judges grant these types of motions, but due to the amount of damages, Samsung feels it has a chance. However, if the company is unsuccessful, there may be a slew of other options.
With the jury’s official verdict of $1 billion already known, lawyers have shifted their focus to the aftermath. Both companies have issued official statements regarding today’s court ruling. Apple is claiming satisfaction with the jury’s decision, supporting the idea of original design and innovation. The Cupertino-based company hopes its statement sends “a loud and clear message that stealing isn’t right.” On the other side of things, Samsung fears the verdict hurts consumers, leaving them with “fewer choices, less innovation, and potentially higher prices.”
Now that the trial is over, Apple is seeking a preliminary injunction on Samsung’s infringing products. The initial hearing is slated for September 20th, though Apple will have until the 29th to file the motion, giving Samsung 14 days to respond. As expected, it’s been confirmed that Samsung will be appealing today’s ruling, but in the meantime you can read official statements from both companies after the break.
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.