Apple wants source code records in Samsung trial and looks in Google’s direction in the process

by Spencer McClendon on
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google-vs-apple

 

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.

Source: Bloomberg

Judge denies Apple’s appeal against Samsung for sales ban on the Galaxy Nexus

by Colton Kaiser on
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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. » Read the rest

Apple Co-Founder Steve Wozniak thinks Apple v. Samsung will be overturned

by Winston Gordon on
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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.”

» Read the rest

Samsung plans to fight injunctions using ‘all necessary measures’

by Colton Kaiser on
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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.

» Read the rest

Samsung confident in its appeal, prepares for multiple scenarios

by Colton Kaiser on
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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.

» Read the rest

Samsung and Apple respond to jury’s decision, injunction hearing set for September 20th

by Colton Kaiser on
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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.

» Read the rest

Steve Jobs’ Quotes Against Android Allowed At Motorola/Apple Trial

by Ed Caggiani on
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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.

source: gigaom

 

 

Prototype Google Phone resembles a Blackberry, was set to arrive with a $9.99 unlimited data plan

by Chris Stewart on
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Oh how different things could have been. What you’re looking at above is a prototype image of what Google had in mind for the first ever Android phone back in 2006. As the court battle between Google and Oracle wages on, these interesting little titbits are surfacing from the courtroom via some official documents that Google released. It’s definitely interesting to note that the early prototypes resemble a Blackberry far more than an iPhone, perhaps adding some substance to the argument that Google changed its strategy after the success of the original iPhone.

Another interesting story to surface is that Google intended to subsidise a $9.99 unlimited data plan in partnership with T-Mobile as part of the launch strategy. It’s fair to say that HTC’s G1 was certainly an improvement on the original design although I suspect one or two of us would bite Google’s hands off for an unlimited data plan for less than $10!

Would you have bought this back in 2008? Let us know your thoughts in the comments below.

source : Android and Me

Google Requesting Protection For Android Plans During AT&T, T-Mobile Antitrust Trial

by Joe Sirianni on
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Looks like Google is looking out for numero uno while the AT&T and T-Mobile antitrust trail is taking place.  Can you blame them?  In an effort to keep and protect proprietary information from leaking out or getting into the hands of their competitors, they’ve filed a motion to forbid any disclosure regarding its plans for Android.  The motion was filed by Google yesterday in hopes that a judge will grant their request in order to protect any possible release of confidential information.  If this information were to leak out, it could be extremely harmful to Google’s business plans and strategy for the Android operating system.

Apparently, while conducting the antitrust investigation between AT&T and T-Mobile, Google supplied the DOJ with sensitive material and is now taking precautionary measures in keeping that information private.  We can certainly think of a few companies off the top of our heads who would love to get their hands on information like that.  However, Google is pretty adamant in ensuring that certain information is not revealed during the hearing.  The proceedings were provoked when the DOJ stepped in last month and filed its own suit against the acquisition claiming that it will surely hinder competition.  Only time will tell what happens as this begins to unfold.  But one thing is for certain, Google is going to do whatever it takes to ensure its secrets stay secret.  Feel free to leave your thoughts in the comments below.

[via Zdnet]

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