apple vs samsung
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Judge refuses to invalidate Apple patents
In the continuing legal tangle between Samsung and Apple, a federal judge has denied Samsung's request to invalidate a pair of patents related to the iPhone's slide-to-unlock feature and unified search, Mac Observer reports. Both patents are part of Apple's infringement cases against Samsung, which have thus far swung firmly in Apple's favor, to the tune of over US$1 billion across both rulings. Samsung's argument for tossing these two specific patents is based on the idea that a software feature which mimics a real-world idea -- like sliding something open, for example -- can't be patented. However, the judge's ruling on the matter has little to do with the patents themselves, but rather hinges on the fact that Samsung is bringing it up so late in the game. Either way, the denial is good news for Apple, though the courtroom drama is likely far from over.
The TUAW Daily Update Podcast for May 6, 2014
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get some the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the player at the top of the page. The Daily Update has been moved to a new podcast host in the past few days. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
The TUAW Daily Update Podcast for May 5, 2014
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get some the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the player at the top of the page. The Daily Update has been moved to a new podcast host in the past few days. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
Talkcast tonight, 7pm PT/10pm ET: Star Wars Day Edition!
New dial-in experience! Set up Fuze Meeting before the show if you want to join in live. We're at the end of a holiday weekend, which brings us to the TUAW talkcast! Tonight we'll have a bit of legal coverage, and whatever else happens to come up. With Kelly hosting and Mike joining in, you never know what that will be. Reminder on new-style talkcasting: With some help from the fine folks at Fuze, we're using a new system to record the show. This should let everyone listen in live -- and, if you want, raise your hand as you would in the Talkshoe room to get unmuted and chime in. You can join the call in progress (meeting # is 20099010) at 10 pm ET from any computer via this link; if you download the Mac or Windows Fuze clients ahead of time, you'll get better audio and a slicker experience, but browser-only will work fine. Just click the phone icon to join the audio once you're in. Using an iPhone or iPad? Grab the native clients from the App Store and get busy. (Even Android users can join the party.) Still feel like using the conventional phone dial-in? Just call 201-479-4595 and enter the meeting number 20099010, then press #. While the Fuze web and native clients have a chat channel, we'd like to reserve that for host participants, requests to talk and other real-time alerts... so the full-on chat for the show will appear in this very post at 10 pm tonight. You'll need Twitter, Facebook or Chatroll credentials to participate in the chat. We'll remind everyone to check back in at that time.
Apple vs. Samsung trial round two: Samsung infringed three patents, owes Apple $119.6 million
Here we go again. 2012's patent trial of the century -- which was all about whether certain Samsung devices were utilizing Apple technology without paying for it -- resulted in a billion dollar win for Apple. Yet, at the time we knew a second case, involving different patents and devices, was brewing on the horizon. The trial for that other case is finally over (almost), and the jury has rendered a verdict -- though there's still a damages issue regarding the Galaxy S II set to be decided on Monday, which could change the final damages tally. In general terms, the verdict's not a complete win for either party, as Apple owes Samsung $158,400 and Samsung will have to cut Apple a check for $119,625,000, a far cry from the $6.2 million and $2.2 billion the parties asked for, respectively. Why? Apple devices infringed one of two asserted Samsung patents, while Samsung phones and tablets infringed three of Apple's five asserted patents. Update May 5,2014: The outstanding damages issues have been resolved by the jury, but the total amount Samsung owes remains unchanged. [Image Credit: Janitors/Flickr]
The TUAW Daily Update Podcast for April 30, 2014
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get some the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the player at the top of the page. The Daily Update has been moved to a new podcast host in the past few days. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
The TUAW Daily Update Podcast for April 7, 2014
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get some the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the player at the top of the page. The Daily Update has been moved to a new podcast host in the past few days. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
The TUAW Daily Update Podcast for February 24, 2014
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get some the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the player at the top of the page. The Daily Update has been moved to a new podcast host in the past few days. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
Judge denies re-retrial in never-ending Apple v. Samsung patent battle
It turns out we're not the only ones who are ready to see this patent battle royale come to an end. Last night, Judge Lucy Koh denied Samsung a retrial in the case that will not die, but took the opportunity to shame Apple's lawyers for bringing the Korean company's foreignness into the equation. The court-appointed shaming comes as a result of closing arguments made during a partial retrial that saw a portion of Apple's original award bumped from $450 million down to $290 million in damages. At the time, Apple's attorney argued that Samsung's infringement of Apple's patents could have an impact on the US economy. When I was young, I used to watch television on televisions that were manufactured in the United States. Magnavox, Motorola, RCA. These were real companies. They were well known and they were famous. They were creators. They were inventors. They were like the Apple and Google today. But they didn't protect their intellectual property. They couldn't protect their ideas. And you all know the result. There are no American television manufacturers today. Samsung originally moved for a mistrial in that case based on those comments, but was denied. Instead, Koh informed the jury to avoid letting prejudice inform its decision. While Koh didn't see the need for yet another trial, she repeatedly referred to the comments as "troubling," saying they "could have been perceived as invoking racial or ethnic prejudice."
Afternoon news roundup for December 30, 2013
Good evening! If you've been otherwise occupied today, here are some of the Apple stories that you may have missed this afternoon: Fitbit released an update to its iOS app bringing some minor changes in the UI, along with a big change -- the ability to use an iPhone 5s with its M7 motion coprocessor instead of a Fitbit activity-tracking device. This ability is called MobileTrack, and is part of the changes that also include an easier way for Fitbit owners to set up new devices with the app. Don't worry, though -- Fitbit still thinks you'll buy its tracking devices, and this is its way of giving iPhone 5s owners a way to "try before they buy" a Fitbit product. Arem Duplessis, the design director at The New York Times Magazine and the man responsible for some of the stunning covers on the magazine, is heading to Apple. In his new position, Duplessis will apparently be a creative director working on internal marketing -- those are the folks who get Apple's employees excited about the company's products. There's hope for peace in 2014 ... at least between Apple and Samsung. The companies have apparently resumed talks towards resolving patent-infringement fights between the rivals. An official of the Korean Fair Trade Commission told the Korea Times that the companies are "in the process of narrowing differences over royalty payments." Samsung is now on the hook for US$890 million in penalties after losing a retrial in the ongoing US patent battle. That patent infringement case enters yet another chapter in March, with the Galaxy S III and iPhone 5 taking center stage. Speaking of battles, Apple and Google will be fighting for dominance of the dashboard. Google and Audi are expected to announce next week at the Consumer Electronics Show that they're working together on in-car "info-tainment" systems that will run on Google's Android operating system. Apple currently has the lead in the automotive electronics race, with manufacturers including BMW, Mercedes-Benz, General Motors and Honda Motor Company working with the Cupertino company to ease integration with iOS devices.
Daily Update for December 27, 2013
It's the TUAW Daily Update, your source for Apple news in a convenient audio podcast format. You'll hear some of the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the player at the top of the page. The Daily Update moved to a new podcast host in the past few weeks. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
Apple seeking $15 million in attorneys fees from Samsung
In addition to the nearly US$1 billion judgment Apple secured against Samsung for patent infringement, Apple now wants the Korean-based tech giant to foot a percentage of its legal costs. In a motion filed on Thursday, Apple articulates why Samsung should fork over $15.7 million in attorneys' fees. According to the filing, that figure amounts to about less than one-third of what Apple spent on legal fees from the outset of the case through March 1, 2013, the date marking "the last order on motions arising from the first trial." To bolster its position, Apple cites Section 1117(a) of the Lanham Act, which details appropriate remedies in cases where willful trade dress dilution is present. The Lanham Act allows for an award of reasonable attorneys' fees in "exceptional cases." Apple's motion explains that previous court rulings have fashioned the term "exceptional" to mean cases where "fraudulent, deliberate or willful" conduct has been found. To that end, Apple's motion doesn't mince words, calling Samsung's copying "willful, deliberate and calculated." Under any measure, this was an exceptional case. The evidence that Samsung deliberately copied every aspect of Apple's revolutionary iPhone product was overwhelming. Apple prevailed on one or more claims of trade dress dilution or patent infringement against 26 of 28 accused products. Apple's motion also references a 138-page Samsung report that painstakingly detailed the positive attributes of the iPhone and ways in which Samsung devices could incorporate them. The Relative Evaluation Report compared virtually every aspect of the iPhone with the Samsung phone then in development, each time finding Samsung's phone wanting and each time directing that Samsung's phone be changed to resemble the iPhone. Samsung acted in complete disregard of Apple's IP - there is not a shred of evidence in the record to suggest that Samsung made any effort to determine whether the various iPhone features were protected, much less to avoid violating Apple's IP rights. In sum, Apple argues that Samsung, in its zeal to amass market share in the smartphone market, blatantly copied a number of iPhone features without any regard to Apple's intellectual property. As a final point, Apple insinuates that Samsung should be glad it's only being asked to pay $15.7 million, a figure which Apple claims is "conservative."
Daily Update for November 22, 2013
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for daily listening through iTunes, click here. No Flash? Click here to listen. Subscribe via RSS
Apple's CPA witness credited with helping jury reach $290 million verdict against Samsung
After a weeklong trial, a jury yesterday determined that Samsung owes Apple US$290 million in damages on top of the $600 million the Korean-based tech giant already owes. During the course of the trial, Apple argued that Samsung should fork over upwards of $380 million while Samsung, not surprisingly, said they should only owe Apple about $52 million. In reaching the $290 million figure, the jury indicated after the fact that they were particularly swayed by a CPA witness introduced by Apple. Bloomberg reports: Apple used the same lead lawyers, arguments and witnesses for this trial as it did last year, with the exception of a new damages expert to replace a witness who died. Jurors said after the verdict that the new expert, Julie L. Davis, a Chicago-based certified public accountant, provided clear evidence they could use to arrive at their damages sum and was unflappable on the stand. "Ms. Davis was on it," jury forewoman Colleen Allen, a former US military medic who served a tour in Afghanistan and now runs a mobile blood-collecting business, said in an interview. Davis was a "superstar witness" who remained steady "even when she was cross-examined," Allen said. The $290 million figure awarded to Apple covers damages resulting from 13 infringing Samsung devices. Nearly $100 million of that total was on account of the Samsung Infuse 4G. For a quick reference point, here's a photo of the Infuse 4G courtesy of Engadget:
Daily Update for November 21, 2013
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for daily listening through iTunes, click here. No Flash? Click here to listen. Subscribe via RSS
Daily Update for November 13, 2013
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for daily listening through iTunes, click here. No Flash? Click here to listen. Subscribe via RSS
Scott Forstall may re-emerge as witness in upcoming Apple/Samsung trial on damages
Since his unceremonious firing last October, we haven't heard a peep from or about former Apple executive Scott Forstall. If you recall, rumor has it that Tim Cook effectively told Forstall to take a permanent vacation after the long-time Steve Jobs protégé refused to sign off on a letter apologizing to consumers for glitches in Apple's Maps app. Now comes word that Forstall may re-emerge as a witness during Apple and Samsung's upcoming trial where the only issue to be determined will be how much Samsung owes Apple for infringing upon a number of Apple's design and utility patents. Macworld reports: The two sides Friday filed a joint pretrial statement and lists of potential witnesses they may call. Apple's list includes Phil Schiller, the company's senior vice president of worldwide product marketing, and Scott Forstall, the former senior vice president of iOS software. Forstall, of course, testified during the Apple/Samsung trial last summer where he revealed a number of previously unknown tidbits about the iOS design process and the secret history behind the development of the iPhone. Given that the upcoming trial, slated to get underway in November, will focus exclusively on damages, we likely won't get much more juicy information. Nonetheless, it will be interesting to see Forstall take the stand given that he's been 100% absent from any sort of limelight since leaving Apple nearly 12 months ago.
ITC postpones its decision on Apple's complaint against Samsung
Yesterday, August 1, 2013 was the day that the US International Trade Commission (ITC) was supposed to make a decision on Apple's complaint against Samsung. According to Florian Mueller at FOSS Patents, the ITC gave notice yesterday that it is postponing that decision by eight days until August 9, 2013. Not to be confused with the possible ban on importation of older Apple iPhones and iPads due to infringement by Apple of some Samsung technical patents, this ruling was to determine possible sanctions against Samsung after Administrative Law Judge Thomas Pender found in October 2012 that Samsung had infringed on three Apple technical patents and one design patent. Additional violations by Android's text-selection feature were found after the ITC had remanded some issues to Judge Pender. August 9 is going to be an important day for Apple. Not only will the ITC announce its decision (unless it is postponed again), but that's the day that the US Court of Appeals for the Federal Circuit holds a hearing on Apple's appeal of a court denial of an injunction against a number of Samsung products found to be infringing on Apple patents. The next three days are also critical for Apple, as the presidential review period for the Samsung ban against older iPhones and iPads expires. As noted yesterday, a bipartisan group of US senators has called on US Trade Representative Michael Froman to veto the ban, and today Washington, DC-based antitrust lawyer Jay Jurata called for the White House to "rein in the ITC" on standard-essential patents.
Report: Apple considering new suit against Galaxy S 4
Bloomberg is reporting that US Magistrate Judge Paul S. Grewal has rejected Apple's attempt to include the recently released Samsung Galaxy S 4 in Apple's second California lawsuit against Samsung which is slated to begin in March 2014. Adding another product to the case is a "tax on the court's resources," Grewal said in the ruling. "Each time these parties appear in the courtroom, they consume considerable amounts of the court's time and energy, which takes time way from other parties who also require and are entitled to the court's attention." Apple initially filed a motion seeking to include the Galaxy S 4 this past May and noted that it would be willing to drop one of the accused products already included in the suit if necessary. That, apparently, wasn't sufficiently persuasive for Judge Grewal. An Apple lawyer argued that by excluding the GS4, Apple might have to file a new lawsuit since the devices already covered by the suit will be out of date by the time a verdict is reached. Indeed, this seems to be an ongoing problem for Apple and one for which there doesn't seem to be a practical solution. Tim Cook acknowledged this very predicament when he appeared before Congress this past May. I think the US Court system is currently structured in such a way that tech companies aren't getting the intellectual property protection they need. Our cycles are fast, the court system is very long and the foreign competitors in the US can quickly take IP and use it and ship products with it and they're to the next product as well. I would love to see conversations between countries and see protections between IP globally. For us, our intellectual property is so important, I would love the system to be strengthened in order to protect it. Put simply, the cases Apple brings to trial against Samsung are perpetually a generation behind Samsung's current smartphone lineup. The end result is that Apple is continuously playing catch-up and expending a lot of money litigating cases over products that don't often include Samsung's current flagship devices. The Verge has posted the full court ruling over here.
Apple wins invalidation of Samsung 3G patent in Germany
This round of the continuing fisticuffs between Apple and Samsung goes to Apple. FOSS Patents reported yesterday that Germany's Federal Patent Court has invalidated the German part of a Samsung patent for a "turbo encoding / decoding device and method for processing frame data according to QoS." Samsung had declared this patent essential to the UMTS 3G standard and was hoping to obtain injunctions against Apple for this and several other patents. However, the European Commission deemed Apple to be a willing licensee of the standards-essential patent and promptly decreed an antitrust ruling calling Samsung's efforts "abusive conduct." Samsung then withdrew all injunction requests based on standards-essential patents, but is still suing for damages as well as continuing punitive efforts against Apple for non-standards-essential patents. Just last week, the same court invalidated an Apple slide-to-unlock patent and Apple has begun working on an appeal to that judgement although courts in Germany, the Netherlands and the UK have also ruled against the company. [via Electronista]
