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Judge Lucy Koh prompts Apple, Samsung CEOs to meet again
Ina Fried has been covering the Apple-Samsung patent trial for AllThingsD, and this morning she reported that Judge Lucy Koh has asked Apple CEO Tim Cook and Samsung executives Choi Gee-sung and Shin Jong-kyn to meet in an effort to strike a deal before the trial goes to jury. Koh is quoted as saying "I see risk here for both sides if we go to a verdict." She went on to say that if Samsung and Apple have intellectual property positions in the smartphone and tablet worlds, then "message delivered." Koh's message to both parties? "It's time for peace." The Apple and Samsung attorneys have agreed to arrange at least a phone meeting between the two parties, although previous meetings of the big wheels has resulted in no resolution. At this point, Samsung is delivering technical testimony about its patents covering core wireless technologies that it is accusing Apple of infringing. To quote Fried, "the jury has heard about such riveting topics as 'E-DPDCH transmit power gains." Testimony in the case is expected to finish tomorrow or Monday, with closing arguments scheduled for Tuesday.
Apple rests its case in Samsung trial
After all of the disclosures, testimony, and legal maneuvering of the last several weeks, Apple rested its case in the patent infringement case against Samsung. Apple's last stand wasn't exactly without drama. Three of the Samsung phones that Apple had said were infringing on design patents -- the Galaxy Ace, Galaxy S i9000, and Galaxy S II i9000 -- were thrown out of the trial as they were not sold in the U.S. by Samsung. That's actually alright with Apple, as it had assigned those phones a total value of $0 in terms of their impact on Apple's sales of iPhones. On Monday, Samsung attempted to have Judge Lucy Koh issue a Judgement as a Matter of Law that Apple had not proven its case and that no reasonable jury would ever side with Apple. That would have ended the trial, but Judge Koh threw out the request and the trial will proceed. Apple also finished its testimony on the damages it is seeking from Samsung, which have grown from $2.5 billion to $2.88 billion. Samsung has started its defense, and it is expected that closing arguments in the case will be heard as soon as next Tuesday, August 21. After that point, it's all up to the jury to decide.
Samsung objects to "gratuitous images" of Steve Jobs in Apple's slides
If you haven't had enough of the Apple vs. Samsung battle royale, in addition to Judge Lucy Koh's ruling about iPhone prototypes yesterday, she also decreed that showing Steve Jobs in Apple's opening statement slides are "relevant to Apple's iPhone design patent and trade dress claims and is not unduly prejudicial." The five slides in question involve the announcement of the iPhone in 2007, the iPad in 2010 and Steve Jobs' patents. Samsung argued that if the court allowed Apple to use these slides that Samsung be allowed use quotes from Jobs in its arguments. Koh ruled against Samsung using the Jobs quotes against Android on July 18, saying at the time, "I really don't think this is a trial about Steve Jobs." [via FOSS Patents]
Court rules Samsung can't show Sony's influence on iPhone; Apple reveals 2005 prototype
The battle royale begins in a California courtroom today, as jury selection begins in the case of Apple vs. Samsung. As part of the last-minute legal maneuvering before the trial started, Samsung attempted to show how certain iPhone prototypes were influenced by Sony designs. However, Judge Lucy Koh ruled yesterday that Samsung's lawyers could not bring up the topic in opening arguments. AllThingsD's Ina Fried reported on the decision on the eve of the beginning of the trial. Samsung wanted to have ex-Apple designer Shin Nishibori testify in the case, although Nishibori insistence that he will not appear as a witness. Nishibori made a mockup of a Sony-inspired iPhone (nicknamed "Jony" in honor of Apple's Industrial Design Senior VP Jony Ive) during his time at Apple, and Samsung wanted to use that design as proof that the iPhone design is not unique. The Sony-like design may be a moot point anyway, as Apple revealed a design code-named "purple" (seen in the image at the top of this post) that pre-dates it by several months. Purple looks surprisingly like the iPhone 4 design -- according to court documents (PDF document), Nishibori testified in regard to the "Jony" design "that the design exercise was to be an 'enjoyable' side project and that he merely applied details, 'buttons and switches,' to express the Sony style on a model phone Apple had already developed." In case you're confused about all of the courtroom craziness that has gone on so far, Fried has produced a "cheat sheet" that will hopefully make sense the insanity surrounding the case. #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; } #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; } #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores
Samsung may have been quick to appeal Judge Lucy Koh's decision to halt Galaxy Tab 10.1 sales, but the woman with the gavel isn't bending. According to Reuters, Judge Koh has rejected the firm's request to allow sales to continue pending a decision, keeping store shelves empty for the time being. The story isn't over, of course -- if Samsung wins the appeal (or the greater dispute) tablets will return to stores in droves. Either way, we all look forward to a time when this whole mess is behind us.
Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated)
Thought Samsung was out of the woods when it defeated Apple's attempt to prevent it from selling the Galaxy Tab 10.1 stateside? Well, Apple appealed that decision and was given a second crack at banning Sammy's slate last month -- and it looks like Cupertino made the most of the opportunity, as Reuters reports that Judge Koh has granted Cupertino's request to enjoin the sales of the Galaxy Tab 10.1. Details are scarce at the moment, but we do know it's only a preliminary injunction, meaning if Samsung's ultimately victorious in the case, the injunction will lift and it'll be free to peddle its wares once again. Still, it's certainly bad news for the Korean company, but given its expansive stable of other slates still on sale combined with its recent economic performance, we're sure Samsung can weather the storm while the courtroom fireworks continue. Update 1: All Things D got a copy of Koh's order, and we just gave it a quick read. Turns out that she granted the injunction due to the strength of the merits of Apple's case and the unlikelihood that Samsung would invalidate Apple's design patent -- the court already held that the 10.1 is "virtually indistinguishable" from the iPad's design and likely infringes Apple's IP. Furthermore, Judge Koh held that, because Apple and Samsung are direct competitors in the tablet space and "design mattered more to customers in making tablet purchases," Apple would be irreparably harmed by further 10.1 sales. Those two factors outweighed any hardship suffered by Samsung, and thus, the Galaxy Tab 10.1 was stricken from US shelves. Update 2: Well, that didn't take long -- a mere five hours after Judge Koh's order, Samsung filed an appeal, according to Foss Patents.
Judge restricts Apple and Samsung's exhibits, argument time
In an attempt to streamline the epic courtroom battle pending between Apple and Samsung, U.S. District Court Judge Lucy Koh (photo at right) has set ground rules for the legal teams presenting their arguments before a jury. The companies, which have already been admonished several times to pare their arguments down to the bare minimum, have now been ordered to limit their respective cases down to 125 exhibits and 25 hours of argument time. The order comes as the two companies near their courtroom battle. In May, Judge Koh told lawyers for Samsung and Apple that she wouldn't put jurors through "cruel and unusual punishment." At that point, 16 patents, six trademarks, an antitrust claim, and five "trade dress" claims were included in the trial. Late last year, Judge Koh rejected Apple's request to ban U.S. sales of the Samsung Galaxy Tab tablet. Apple won an appeal that overturned that ban, but Koh then delayed judgement on a refiling of the same injunction.
Apple denied stateside Galaxy S III injunction
Judge Lucy Koh has denied Apple's request for a domestic sales ban of Samsung's latest flagship. Her Honor put her foot down, saying that adding any more litigation to the already overcrowded docket would cause the courtroom action to be postponed again. Cupertino subsequently relented, eager to get the trial proper started, which is currently slated to begin on July 30th.
Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1
If you found yourself longing for the minor tweaks Samsung made to the Galaxy Tab 10.1 in Germany earlier this year, you may be in luck: Apple's filed for a preliminary injunction against the slate stateside. It isn't the first one, either, Cupertino filed something similar back in February, though it didn't quite pass legal muster. After gaining some headway earlier this week, Cook's crew is in for round two, according to FOSS Patents, asking for Judge Koh to rule in their favor without a new hearing. Concerned consumers, however, can sidestep the whole mess by simply opting for an injunction-exempt Galaxy Tab 2. Details and speculation can be found at the source link below, just in case you aren't already sick to death of the whole Samsung / Apple spat.
Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung
We'll forgive you if you've forgotten, given the myriad Apple/Samsung legal shenanigans, but back in February, Apple attempted to obtain a preliminary injunction against Samsung to prevent the Galaxy Tab 10.1 and a few phones from being sold in the US. Samsung emerged victorious, as the district court denied Cupertino's request because it questioned the validity of a couple of Apple's patents and didn't see how Apple would be irreparably harmed if it failed to get Sammy's products banned. Naturally, Tim Cook's crew appealed that decision, and the Court of Appeals for the Federal Circuit (CAFC) has decided to give Apple another crack at obtaining an injunction. The CAFC upheld the lower court's ruling as to three of the four patents, but found fault with the District Court's holding that Apple's tablet design patent had substantial questions of validity. Essentially, the lower court held that Apple's patent was likely no good because it was an obvious design in light of two tablets that were created long before Apple patented the iPad's look. However, the CAFC found that one of the previous slate's asymmetrical bezel and lack of an unbroken, all-glass surface (among other differences) were sufficient to render Apple's patent non-obvious. Basically, the appellate court found that the District court "construed the claimed design too broadly," and remanded the issue so that the district court could complete its preliminary injunction analysis. So, Apple's cleared a big hurdle towards getting the Galaxy Tab 10.1 off the US market, but the company's still got to persuade Judge Koh that it'll be irreparably harmed without the injunction. This decision assures even longer legal proceedings, but given how well both of these tech titans are doing these days, we're pretty sure they can afford the attorneys' fees.
Apple and Samsung finally agree... to drop a plethora of claims from their patent spat
Last week, Judge Lucy Koh informed Apple and Samsung that they would have to reduce the number of patent claims at issue in the parties' Northern District of California litigation. And now, each has complied, with Samsung dropping its total number of asserted patent claims from 75 to 15, while dismissing two patents from the case altogether. For its part, Apple has reduced its case to one claim from each of its asserted utility patents, its four iPhone and one iPad design patents, and its trade dress claims for those two devices. Keep in mind, however, that they did so without prejudice, which means that either party can reassert these dismissed claims in a later lawsuit. That said, the parties have at least attempted to placate Judge Koh in order to keep their July 30th trial date, which is when the real legal fireworks begin. Feel free to check the filings below for the full scope of this most recent patent pruning.
Apple v. Samsung judge yells 'get to the point, you two'
Judge Lucy Koh, presiding over the courtroom battle 'twixt Apple and Samsung has ordered that both companies slim down the bundle of litigation so its easy for juries to understand. The docket currently contains 16 patent violations, six trademark issues, five "trade dress" claims and an antitrust matter -- which her Honor Judge Koh described as a "cruel and unusual punishment" for a jury. If both companies can't get over a table and produce a Cliffs Notes edition of their global patent battle, then she'll postpone the trial date until 2013.
Antitrust suit carries on against Intel, Apple, Google and others
They can hope and pray all that they want, but Google, Intel, Apple, Adobe, Intuit, Pixar and Lucasfilm will soon be facing some serious accusations in a courtroom under the Sherman Antitrust Act and California's Cartwright Act. After years of trying to dodge legal action over an "informal agreement" to not pinch each others employees, and an effort to have the case dismissed, the seven defendants will have to stand trial as ordered by District Judge Lucy Koh in San Jose, California. In her decision Koh said, not only was there evidence that these agreements were made at the highest levels of the company but, that six such deals were struck in secret in such a short time frame "suggests that these agreements resulted from collusion." There's still time for yet another deal to be struck, however, this time between the defendants and the DOJ. Otherwise it looks like all seven will have to stand trial in June of 2013.
Samsung brings another eight patents to the Apple knife-fight
The Mamas and the Papas used to dream about it, but California's been turned from sunny idyll into blood-spattered battleground as the global conflict 'twixt Samsung and Apple continues. Samsung's pulled out a further eight patents to rebuke Apple's Northern District court injunction that's got designs on banishing the Galaxy Nexus from our shores. Two of the patents are licensed under FRAND terms, muddying the waters even further over the contentious subject of common patent sharing. Meanwhile, both company CEOs are being made to engage in sit-down talks with the hope that Judge Lucy Koh won't make them share a dorm room at summer camp.
