ApplevsSamsung
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Samsung injunction hearing set for December 6
Judge Lucy Koh released an updated schedule for the many post-trial filings that follow the verdict in the infringement case between Apple and Samsung. According to a report in AllThingsD, both Apple and Samsung will appear in court on September 20 to discuss the current ban on the Galaxy Tab 10.1. Samsung is asking the court to lift the ban now that the jury decided that the device does not infringe on Apple's design patents. The pair will meet again in court on December 6, when Koh will make a decision on Apple's injunction request. Apple filed a notice earlier this week that asked for an injunction against eight of Samsung's smartphones.
WSJ: Samsung to fight ban
After a guilty verdict was handed down in its trial with Apple, Samsung now faces a possible injunction that could ban eight of its smartphones from being sold in the US. According to a Wall Street Journal report, the company responded to Apple's injunction request with a simple statement that said, "We will take all necessary measures to ensure the availability of our products in the U.S. market." Samsung will try to overturn the original guilty verdict by filing post-trial motions with Judge Lucy Koh. If this legal maneuver fails, then Samsung will file an appeal which could make its way to the Supreme Court. As a last resort, the company said it will change its products and already has workarounds for two of the software-related patents. In this post-verdict phase of the trial, Samsung has until September 12 to file a response to Apple's injunction request. Both sides will meet again in court on September 20 for a formal injunction hearing.
Daily Update for August 28, 2012
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
Video interview with Apple v. Samsung jury foreman
Jury foreman Velvin Hogan talks to Bloomberg about the verdict the jury handed down in the high-profile US lawsuit between Samsung and Apple. Hogan discusses how the jury came to its decision and reveals some of the "a-ha moments" that propelled the jury towards a verdict. In the 16-minute interview, Hogan also defends his statement in which he said he wanted the damages to be more than just a slap on the wrist and talks briefly about Judge Lucy Koh and her courtroom personality. The talk covers many facets of the trial and is worth a listen if you have the time. You can watch the video in its entirety on Bloomberg's website.
Google reacts to Apple vs. Samsung decision
Samsung and Apple didn't waste anytime issuing statements on Friday after the jury handed down its decision in the US infringement trial between the two companies. Noticeably quiet in the aftermath was Google, which waited a short time before commenting on the verdict. In a statement provided to The Verge, Google said the patents in the case "do not relate to the core Android operating system" and added that the entire mobile industry is "building on ideas that have been around for decades." The court of appeals will review both infringement and the validity of the patent claims. Most of these don't relate to the core Android operating system, and several are being re-examined by the US Patent Office. The mobile industry is moving fast and all players - including newcomers - are building upon ideas that have been around for decades. We work with our partners to give consumers innovative and affordable products, and we don't want anything to limit that. Now that the verdict is in, Apple is entitled to file an injunction request against Samsung's infringing devices, and Samsung can file an appeal. With Samsung vowing to take its appeal all the way to the Supreme Court if necessary, this trial is far from being over.
Samsung issues memo to employees after loss to Apple
Samsung issued a memo to its employees today in response to the Friday verdict finding that the company willfully infringed on a number of Apple patents. Apple CEO Tim Cook was quick to send an email to employees on Friday stating that "The jury has now spoken. We applaud them for finding Samsung's behavior willful and for sending a loud and clear message that stealing isn't right." Samsung's employee memo wasn't so upbeat. The Samsung email (see full text below in press release box) is pure sour grapes, stating that "History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation." [via 9to5Mac] Show full PR text On Friday, August 24, 2012, the jury verdict in our trial against Apple was announced at the US District Court for the Northern District of California. The following is an internal memo that reflects Samsung's position regarding the verdict: We initially proposed to negotiate with Apple instead of going to court, as they had been one of our most important customers. However, Apple pressed on with a lawsuit, and we have had little choice but to counter-sue, so that we can protect our company. Certainly, we are very disappointed by the verdict at the US District Court for the Northern District of California (NDCA), and it is regrettable that the verdict has caused concern amongst our employees, as well as our loyal customers. However, the judge's final ruling remains, along with a number of other procedures. We will continue to do our utmost until our arguments have been accepted. The NDCA verdict starkly contrasts decisions made by courts in a number of other countries, such as the United Kingdom, the Netherlands, Germany, and Korea, which have previously ruled that we did not copy Apple's designs. These courts also recognized our arguments concerning our standards patents. History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation. We trust that the consumers and the market will side with those who prioritize innovation over litigation, and we will prove this beyond doubt.
Daily Update for August 27, 2012
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/Samsung jury foreman cites tech experience in quick verdict
Now that a decision has been made in the patent trial between Apple and Samsung, the jury is free to speak to the press about the proceedings. Juror Manuel Ilagan spoke to CNET and told reporter Greg Sandoval that the jurors decided Samsung had infringed after only one day of deliberations. Ilagan pointed to the email exchanges among Samsung execs and Samsung's video testimony that convinced him the Korean company had copied Apple. Once the infringement issue had been decided, the rest of the decision-making process was easy. Jury foreman Velvin Hogan spoke to Reuters and echoed similar sentiments. Hogan told Reuters it was the video testimony that made it clear Samsung's infringement was intentional. After determining that Apple's patents were valid, the jury began evaluating each Samsung device and found that all infringed on at least one Apple patent. The jury award Apple US$1.05 billion in damages, an amount that could be tripled because the infringement was willful.
Apple expected to file for an injunction, while Samsung says it will appeal
Now that the verdict has been handed down in the Apple/Samsung patent trial, Apple has filed a motion for a preliminary injunction against Samsung's infringing devices, according to Engadget. Apple is expected to claim that the continued sales of these devices will cause irreparable harm to the Cupertino company and ask the court to ban their sale in the US. Apple has until August 29 to formally file its proposal, and Samsung has until September 12 to respond. Both parties will return to the court on September 20 for a formal hearing to discuss the injunction. While Apple is busy preparing its injunction request, Samsung will be seeking to reverse this decision. According to a Wall Street Journal report, Samsung confirmed it will file post-verdict motions to overturn this decision. If these legal maneuvers fail, then the Korean company will file an appeal.
Apple and Samsung respond to jury's decision in US infringement case
Apple and Samsung both issued statements in response to a California jury's decision that Samsung infringed upon Apple's patents. Apple won most, but not all of its claims, while Samsung lost all of its claims against Apple. Apple's response from spokeswoman Katie Cotton was positive, according to a report in the New York Times Bits blog. We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it. The mountain of evidence presented during the trail showed that Samsung's copying went far deeper than even we knew. The lawsuits between Apple and Samsung were about much more than patents or money. They were about values. At Apple, we value originality and innovation and pour our lives into making the best products on earth. We make these products to delight our customers, not for our competitors to flagrantly copy. We applaud the court for finding Samsung's behavior willful and for sending a loud and clear message that stealing isn't right. Not surprisingly, Samsung said that the decision is "a loss for the American consumer." The company said this about the verdict in a statement reported by the Wall Street Journal: "Today's verdict should not be viewed as a win for Apple, but as a loss for the American consumer. It will lead to fewer choices, less innovation, and potentially higher prices. It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies. Consumers have the right to choices, and they know what they are buying when they purchase Samsung products. This is not 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. Samsung will continue to innovate and offer choices for the consumer." As noted by AllThingsD and The Verge, this is only the beginning. Apple will file for an injunction and Samsung will likely appeal the verdict.
Breakdown of the decisions in Apple versus Samsung verdict
The jury handed down its decision today in the case between Apple and Samsung in the US. It was a big win for Apple and a sweeping loss for Samsung, which will have to pay nearly $1.05 billion in damages assuming its appeals do not change the damages (and assuming the judge does not impose additional penalties for willful infringement). Here is a quick breakdown of the claims and how the jury decided on each. '381 patent This patent describes the bounce-back feature that happens when you scroll beyond the edge of an image or document. The jury found that all of Samsung's devices infringe this patent. '915 patent This patent describes the one finger scroll or two finger pinch to zoom gestures. The jury found that all devices except the Intercept and the Replenish were infringing. '163 patent This patent describes the tap to zoom gesture. The jury found that the Droid Charge, Epic 4G, Exhibit 4G, Fascinate, Galaxy Ace, Galaxy Prevail, Galaxy S 4G, Galaxy S II, Galaxy Tab, Galaxy Tab 10.1, Infuse 4G, Mesmerize and Replenish. The jury found that the Captivate, Continuum, Gem, Indulge , Intercept, Nexus 4G and Vibrant did not infringe. 'D677 patent This patent covers the design of the iPhone. The jury found that the Fascinate, Galaxy S, Galaxy S II, Galaxy S 4G, Epic 4G touch, Skyrocket, Showcase, Infuse 4G, Mesmerize and Vibrant are infringing. The Galaxy Ace did not infringe. 'D087 patent This patent covers the design of the iPhone. The jury found that the Galaxy S, Galaxy S 4G and Vibrant are infringing. The Galaxy S II, Epic 4G Touch, Skyrocket and Infuse 4G are not infringing. 'D305 patent This patent is a trade dress patent for the iPhone's homescreen. The jury found that the Captivate, Continuum, Droid Charge, Epic 4G, Fascinate, Galaxy S, Galaxy S 4G, Showcase, Gem, Indulge, Infuse 4G, Mesmerize and Vibrant are infringing. 'D889 patent This patent relates to the industrial design of a tablet computer. The jury found that none of Samsung's tablet devices are infringing. Samsung patents 914, 711, 893, 460, and 516. The jury found that Apple did not infringe any of Samsung's patents. Sherman antitrust law The jury found Samsung violated Section 2 of the Sherman antitrust law by monopolizing markets related to the UMTS standard, while Apple did not.
Jury finds Samsung guilty of infringing on Apple's patents, awards Apple $1.05 billion in damages (updated)
A California jury has found Samsung guilty of infringing on Apple's patents, resulting in damages totaling more than $1.05 billion to be awarded to Apple. The verdict is broken down as follows: Update: Samsung was found guilty of willfully infringing on Apple's patent relating to scrollback, one for multitouch gestures, one for zooming, a design patent and a patent related to icons. The Wall Street Journal reports in its liveblog that the jury also found Samsung guilty of inducing its subsidiaries to infringe on Apple's patents. The jury said that Samsung did not infringe on Apple's patent for tablet design. It did uphold Apple's validity for all its patents, and Samsung's validity for all its patents. The jury has ordered that Samsung pay more than $1.05 billion in damages for the infringement. It said that Apple did not violate any of Samsung's patents and will not pay any damages to Samsung. The verdict reading is on-going. The jury reached it around 2:35 Pacific Time. The verdict comes hours after a South Korean court found that Apple and Samsung had infringed on each other's patents in that country. In addition to ordering monetary damages be paid, the court banned sales of the iPhone 3GS, iPhone 4 and the first two generations of iPads, along with various Samsung products.
Daily Update for August 24, 2012
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
Samsung's new Sydney store closely resembles ... an Apple Store
In case you've missed it, Samsung and Apple are battling it out in a U.S. federal court to determine once and for all if Samsung copied the iPhone and iPad too closely. The South Korean electronics manufacturer apparently still has a crush on Apple's designs, as a new "Samsung Experience Store" in Sydney, Australia's George Street looks surprisingly like an Apple Store. The Sydney Morning Herald reported that the location -- which is only a block from Apple's Sydney store -- has a glass entrance, plain tables showcasing Samsung tablets, smartphones, and computers, and even employees in blue shirts. The Herald's Asher Moses interviewed Tyler McGee, Samsung's vice president of telecommunications for Australia, who said that the proximity of Apple's Sydney store wasn't a factor in determining the location for the Samsung storefront. Pressed about the remarkable resemblance of the store to an Apple Store, McGee noted that the design is "the layout we use around the world, and it's about basically giving the consumers the opportunity to interact, learn and play with our devices." Regardless of the similarities to Apple Stores, Gary Allen of ifoAppleStore was quoted as saying "I think it Samsung will find it more difficult to copy the buzz or excitement that Apple's stores generate for its customers." [via AppleInsider]
Apple, Samsung banned from selling some devices in South Korea (updated)
The Associated Press and Wall Street Journal report that Apple and Samsung have each been ordered to stop selling certain devices in South Korea, with a court ruling that Apple and Samsung have infringed on each other's patents. The companies are also ordered to pay damages. The ban affects some models of iPads and iPhones, but the AP was not specific on which ones are banned. We'll update this article as we get more information. Update: Bloomberg reports that the South Korean ruling says Apple infringed on two of Samsung's patents, and Samsung infringed on one of Apple's. The story also notes that Apple's component orders make up about 9 percent of Samsung's revenue, putting Apple at #1 on Samsung's customer list. The Wall Street Journal's Evan Ramstad said on Twitter that most of the infringing products are no longer sold in South Korea, and that this likely will not affect other courtroom battles between the companies. Update: Samsung must pay Apple 25 million won (US$22,000) for violating patents that cover the bounce-back feature found on Apple's iOS devices. This allows the screen to bounce back when a user has dragged an item like an image past its boundaries. The court also ruled that Apple violated Samsung's patents covering wireless networking technology and was fined 40 million won ($35,000). The court put a ban in place that halts the sales of the iPhone 3GS, iPhone 4, iPad 1, iPad 2, Samsung Galaxy S II, Galaxy Nexus, Galaxy Tab and Galaxy 10.1 tablet. This ban is not expected to have a material impact on Apple as South Korea is not a big market for the Cupertino company. Both Apple and Samsung can appeal the District Court's decision.
A quick summary of Apple v Samsung jury instructions
Apple and Samsung presented their closing arguments earlier this and now the trial of the century is in the hands of the jury. Before deliberations began, Judge Lucy Koh spent a portion of Tuesday afternoon going over 100+ pages of instructions with the jury. We don't have to endure this tedious process thanks to Macworld UK, which boiled down the instructions to five main points. In a nutshell, the jury has to look at expert testimony through the eyes of "an ordinary observer." They must consider whether Apple's and Samsung's products are substantially the same and, at the same time, determine whether Apple's designs are obvious. The jury also needs to note the dates when Apple's iPad and iPhone became successful and when Samsung launched its products. Lastly, jury members are allowed to spend time on the Internet, but they can't download apps, game, music or software updates. You can read the details on each of these points on Macworld UK's website. [Image via Flickr member walknboston]
Daily Update for August 21, 2012
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 - Samsung 'peace talks' go nowhere; jury starts deliberating tomorrow
Yesterday TUAW reported that Apple CEO Tim Cook and Samsung chief Kwon Oh Hyun were going to have a phone conversation to fulfill a request from Judge Lucy Koh and hopefully make some headway in their patent dispute. Well, they gave peace a chance, and AllThingsD reports that unfortunately the talks failed. That means that the jury will begin sifting through the mounds of evidence in the case starting tomorrow. The case brings evidence in two separate lawsuits -- Apple's patent infringement suit against Samsung and a countersuit by Samsung against Apple. The jurors will have to look at the merits of more than twenty Samsung mobile phones and tablets and determine if each violates one of several patents in question. The jury also gets to deliberate on damages awarded to either company if they "win" an infringement claim against the other. The companies submitted their proposed juror verdict forms to the court yesterday. Each of these documents, which can be viewed in their entirety on AllThingsD if you're fascinated by the case, is full of exhaustive lists of points that each juror must decide on. For each point, the jurors have to rule unanimously in order to find a party in violation of a patent. This explains why Judge Koh was so determined to have the CEOs meet and come to resolution, as both sides may find themselves no closer to a resolution of the patent dispute than when the long, expensive lawsuits began. The Next Web reported that Samsung "scored a minor victory" yesterday. In July, another judge ruled that the jury should be told that Samsung improperly handled evidence in the case. Judge Koh agreed, but also felt that Apple had been lax in preserving evidence as well. Apple lawyer Michael Jacobs asked Judge Koh yesterday afternoon about her final decision on the evidence handling, and she responded that she was ready to tell the jury that both sides were neglectful. Attorneys for Apple and Samsung then agreed that if something negative was going to be said to the jury about both parties, they'd be happier to just have the jury left in the dark about the issue.
Daily Update for August 20, 2012
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 and Samsung CEOs in last-minute peace talks
Out of respect to Judge Lucy Koh's request last week that the CEOs of Apple and Samsung try to make peace before their trial goes to a jury, Apple's Tim Cook and Samsung's Kwon Oh Hyun will have a last-chance phone call today, according to Bloomberg. The results of that phone call are to be reported to Judge Koh later today. Koh said last week that she was "pathologically optimistic" that Samsung and Apple could find a way to come to an agreement over the two-way patent infringement lawsuit before it goes to the jury. If the phone call doesn't resolve any issues, the jury is expected to take on the deliberations tomorrow. At stake is $399 million in royalties that Samsung says Apple owes it for infringing its patents, and a whopping $2.5 to $2.75 billion that Apple wants to recoup as a result of Samsung allegedly deliberately infringing on a number of Apple design and technical patents.
