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Breaking down Apple's $1 billion courtroom victory over Samsung
With a 20-page verdict form and 100 pages of instructions to explain it, many figured it would take longer for the jury to render a decision. But, the tech trial of the century has concluded, with Apple scoring a not-quite-flawless victory over its rival Samsung. While the company didn't win on every count, its cadre of lawyers did convince the nine jurors to award Apple over $1 billion in damages for Samsung's IP transgressions. Join us after the break and we'll hit you with the legal math that gave Apple a ten-figure bump to its bottom line -- and served as a shot across the bow of every other mobile phone manufacturer.
Apple and Samsung finish closing arguments, jury to decide their fate
It's just one among many, but the headlining case in the Apple v. Samsung global war is finally drawing to a close. Today, each party attempted to persuade the jury of nine one last time with their closing arguments, and with the rebuttals complete, it is time for deliberation. Starting at 9AM tomorrow morning, the jury's job is to sift through the mountains of evidence proffered by each side, decipher the verdict form provided and reach a unanimous decision on the patent and trade dress claims at issue. Will Apple emerge victorious or will Samsung's arguments carry the day? Could a hung jury and a mistrial be the result? Tune in tomorrow (and maybe the next day, and the next...) to find out.
Samsung's defense against Apple patents begins with DiamondTouch table, LiveTile UI prior art
Samsung may have convinced Judge Koh to toss a few international handsets out of Apple's lawsuit, but the Korean firm still has Cupertino's patent licensing accusations to contend with. Their tactic? Convince the court that Apple's claim to the inventions are invalid, and that the technology was developed prior to the disputed patent's filing. It's called showing "prior art," and Sammy's done it before -- famously showing a scene from 2001: A Space Odyssey in an attempt to put Apple's iPad design claims to rest. Today's examples were more grounded in reality, focusing on debunking Cupertino's claim to the "bounce back" effect that happens when a user reaches the end of a page and common multitouch zoom / navigation gestures. Samsung pitted the famous "bounce back" feature against an old PocketPC interface called LaunchTile, which allowed users to navigate through 36 applications by zooming in and out and a panning across a grid-like "world view" of said apps. Movement between grids snap to each zone, marking the end of a page. Apple shot back, noting that LiveTile's snapping navigation didn't work on diagonals, and cited other differences as well. Samsung wasn't deterred, however, and brought out DiamondTouch, a projector based multitouch table that utilized both one touch scrolling and pinch-based zoom gestures. The table even takes aim at the aforementioned bounce-back patent with a technology called TableCloth, which bounces back images that are pulled off screen. DiamondTouch's creator, Adam Bogue, told the court that he had demoed the technology to Apple privately back in 2003, noting that it was also available to anyone who visited the Mitsubishi Electronic Research Laboratories' lobby. If the jury takes to Samsung's claims of prior art, it could severely cut Apple's claims against it. Even so, Cupertino's lawyers aren't going down without a fight, and still have a number of navigation and design claims that Samsung hasn't addressed. The two parties are expected to keep up the fight for about a week, we'll keep you posted on the inevitable revelations as they come.
Microsoft licensed design patents at issue in Apple v. Samsung, Surface lovers breathe sigh of relief
Last week, we found out about Apple's offer to license a bundle of IP -- including its iPhone and iPad design patents -- to Samsung back in 2010. Today, Reuters reports that Apple proposed a similar deal to Microsoft, and the folks in Redmond took them up on the offer. Details of the license itself are scarce, but the deal did, naturally, include an provision expressly prohibiting iDevice copies. So, for folks figuring that Microsoft might face a litigious future similar to Samsung's, think again. Looks like Ballmer and friends had the foresight to buy the rights to those rounded corners, edge-to-edge glass and black bezels on their forthcoming Surface tablets.
Vringo buys small Nokia patent portfolio as asset sell-off continues
Nokia's sale of the century hour continues, selling off a small intellectual property portfolio to Vringo. The little-known app maker has snapped up a bundle of 500 patents and applications from the Finnish phone maker, including 109 issued US Patents. The collection mostly concerns backbone tech, including communication management, signal transmission and cellular infrastructure. Neither company mentioned a figure, but Vringo revealed that Nokia's getting a chunk of any future profits made. There's PR after the break if you're curious enough to wonder if Stephen Elop's planning the mobile phone equivalent of a yard sale.
Rhode Island possesses 38 Studios' games, looks to sell
While 38 Studios is finished, its employees laid off, and its projects canceled, there's really only one thing left to be done: figure out what to do with the leftovers. The court granted the state of Rhode Island all of 38 Studios' assets, including rights to its single-player RPG and the unfinished Project Copernicus. The Rhode Island Economic Development Corp said that it will attempt to sell these assets to recoup as much of the loan made to the studio as possible. This may be a slight blessing in disguise for fans of the studio's projects, as the move was made to keep the intellectual property intact instead of having it be lost due to the company's dismantling. The games are being transferred to servers for safe-keeping and constitute a majority of the studio's remaining net worth.
Apple patents iOS 5's exposure metering based on face detection, keeps friends in full view
Many photographers will tell you that their least favorite shooting situation involves a portrait with the sun to the subject's back: there's a good chance the shot ends up an unintentional silhouette study unless the shooter meters just perfectly from that grinning face. Apple has just been granted a patent for the metering technique that takes all the guesswork out of those human-focused shots on an iOS 5 device like the iPhone 4S or new iPad. As it's designed, the invention finds faces in the scene and adjusts the camera exposure to keep them all well-lit, even if they're fidgety enough to move at the last second. Group shots are just as much of a breeze, with the software using head proximity and other factors to pick either a main face as the metering target (such as a person standing in front of a crowd) or an average if there's enough people posing for a close-up. You can explore the full details at the source. Camera-toting rivals, however, will have to explore alternative ideas.
Nokia completes acquisition of Scalado's imaging tech and developers
It's taken just over a month for Nokia to get everything in place, but its now announced that around 50 "world-class imaging specialists" have joined Espoo's already substantial mobile imaging department, alongside a stack of Scalado's technologies and intellectual property. The imaging specialist's co-founder, Sami Niemi, who will now head up the Capture and Relive section of Smart Devices at Nokia, said: "The technologies and competences we've developed should help move from taking photos to capturing memories and emotions." (We're sure those hulking PureView sensors will help too.) Take a look at Nokia's brief statement on its future in mobile imaging after the break.
Nokia hits RIM with another triple-patent combo punch
In the law of the playground, he who has the biggest rep holds court. In the world of mobile, though, it's all about your quiver of patents. Nokia has its fair share, and already flexed its litigation-muscle against RIM (among others). Now, it's popping another three in the chamber in this latest filing. It's Germany, again, the Madison Square Garden of the mobile world -- more specifically Munich. FOSS Patents asserts that Nokia has a much stronger IP portfolio than RIM, but that Waterloo will still likely countersue. So, perhaps another added benefit of concentrating on a smaller number of devices? Less patent toes to tread on.
Facebook and Yahoo! friends again, agree to patent cross-license
And so, the Facebook v. Yahoo! courtroom tussle has come to an end. The two Silicon Valley giants have agreed to a legal truce and cross-licensed a bit of each other's IP, meaning that's one less legal donnybrook we have to worry about upsetting consumer sensibilities. Not only have the two settled their differences over their respective advertising and social networking patents, but they've also agreed to an ad sales partnership, too. Now, if only all those other, myriad tech litigants could amicably settle their differences with such alacrity. Perhaps they should all take a gander at the PR after the break to see how it's done.
Sony patents exercise music system that adjusts music to your work-out tempo
While our bodies approach beach-readiness for the summer, Sony's unveiled plans to tinker with your gym playlist in the future. According to a patent granted today, the electronics manufacturer aims to closely tie the tempo of your music to your own physical exertions. It'll do this by using a nefarious-sounding (but ultimately vague) "exercise information analyzing circuit" that will pick up on tempo differences between the user and their favorite Pendulum tracks. It will then change the "music data" for something a little more fitting for your 10-minute trudge at 10 percent incline. The patent's sketches include the idea of personalized profiles for users, and displaying what you got done at the end of the session, broken down by tempo and duration. The technology could end up in PMPs or phones, although we reckon the latter has more legs. Give your legalese its own workout and peruse the laborious wording of another patent filing at the source below.
Samsung denied: Judge Koh declines to lift injunction against Galaxy Nexus, but Google's got a workaround
Happy Independence Day, Apple. Reuters reports that Samsung's request to have the preliminary injunction against the Galaxy Nexus lifted has officially been denied. This follows a similar ruling yesterday, when the Korean firm's plea to have a similar ban on its Galaxy Tab 10.1 also fell on deaf ears. This means that there will be no more Samsung Nexi on store shelves until either a workaround can be implemented or the case is resolved. And, according to All Things D, Google and Sammy have already got a workaround ready to go and the software patch implementing it will be pushed out "imminently." So, in actuality, the news isn't that bad for Android lovers, but it does put another feather in Apple's legal cap. Update: In case you weren't sure what "no more Nexi on store shelves" means, the phone is currently listed as coming soon in Google's own Play store, pending that software update that hopefully clears it for sale in the US.
Apple hits HTC with counterclaim lawsuit for failure to FRAND license 4G patents
It's been far too quiet on the litigation front here at Engadget lately, but thankfully Apple's broken our courtroom news dry spell with a freshly filed counterclaim in the Eastern District of Virginia federal court. FOSS Patents reports that Apple's target is HTC, who Apple claims has abused two patents essential to the 4G/LTE wireless standard by using them in a legal action against Cupertino. In doing so, Apple asserts HTC breached its FRAND licensing obligations. The counterclaim was filed in response to an HTC-initiated complaint in the ITC, and comes hot on the heels of Apple's recent win in that case where it managed to exclude some Google patents that the Taiwanese firm borrowed to take Apple down. Will this new legal action meet the same success? We'll have to wait for lady justice to do her thing to find out, but in the meantime you can check out the source link for more.
Google to pay $0 in damages to Oracle, wait for appeal
After watching Judge Alsup strike down its patent and Java API infringement claims, Oracle seems to be cutting its losses, agreeing to accept $0 in damages from Google. Confused? So was the Judge, who reportedly responded to the proposal by asking, "is there a catch I need to be aware of?" No catch, but Oracle isn't giving up, stating that it's taking its case to the Court of Appeals for the Federal Circuit. If successful, the appeal could put the two firms back in Alsup's courtroom, perhaps asking for somewhere between the previously proposed $32.3 million and today's sum total of zilch. We'll let you know when the drama comes around again.
InterDigital sells nearly 2,000 wireless patents to Intel, pockets $375 million
InterDigital (we interviewed its CEO last week) is selling off around 1,700 wireless patents and applications to Intel for $375 million. The company is making good on its promise to monetize its vast portfolio of IP, including technologies relating to 3G, WCDMA, HSDPA, HUSPA, LTE and 802.11 WiFi connections. It's a short in the arm for Intel's burgeoning wireless arm, which recently outed its first handset, the San Diego. It'll also strengthen the hand of the company in any litigation relating to the technology should the lawyers come knocking. So far it's not clear if the company is retaining an interest in the files its sold off, but we've reached out for comment and will let you know when we do. Update: The company let us know that it's not retaining any interest in the patents that it's selling off. It also mentioned that the 1,700-strong portfolio equates to around eight percent of the company's overall IP holdings -- a number that it generates roughly every 18 months.
Cher Wang: HTC will grab as many patents as it can
HTC co-founder and chair Cher Wang has said that her company plans to register and buy a host of patents in order to maintain parity with its competition. Speaking at the firm's 15th anniversary party, she said that despite being unable to use S3 Graphics' patents in ongoing litigation, the company will register and purchase patents in a variety of "different fields." It looks like we can expect to see a lot more filings at the USPTO in the future, and perhaps a few more buyouts along the way. [Image Credit: WSJ / Zuma Press]
Google Fiber GFHD100 'IP set-top box' breezes through the FCC, doesn't say where it's headed
The future of Google as a hardware manufacturer (beyond its purchase of Motorola) continues to be shrouded in rumor and mystery, but the GFHD100 box that just popped up in the FCC's database is very much a fact. As seen in the pictures, it's sporting a Google Fiber label which suggests it's a part of rolling out video services to the Kansas Cities, and also reveals it's being built for Google by Humax. The MAC address shown in the picture is registered to Google directly, while the test report calls it an IP-set top box, equipped with WiFi, IR, USB, Ethernet, HDMI input and output and an Ethernet / coax (we assume MoCA?) bridge, which sounds similar to the boxes favored by Verizon's FiOS. Unfortunately our only view of the device itself is from underneath so there's not much else to glean about its abilities or possible relation to the hardware Google has reportedly been testing around the country, but you can hit the source link below to dig through the documents yourself or check a close up of the label (we tried the QR code, it appears to be for registration but it didn't work) after the break.
Google grows IP arsenal with mobile patents from Magnolia Broadband
In the tech industry, you're only as safe as your latest batch of patent procurements. And Google, stuffed with billion dollar coffers, is only too happy to comply. Neatly paired with its recently wrapped Motorola acquisition, the Mountain View-based company's just expanded its intellectual property holdings with a portfolio related to mobile RF uplink solutions. Formerly the property of Magnolia Broadband, the outfit's "beamforming" tech will now undoubtedly aid the search giant's in-house manufacture of smartphone and tablet devices -- likely those of the Jellybean sort. No financial details of the transaction have been disclosed at this time, but you can bet your bottom dollar the price of this innovation didn't come cheap. Über-brief PR after the break.
Oracle v. Google: Judge finds structure of Java APIs not copyrightable, renders jury infringement verdict moot
Thought the Oracle v. Google litigation fireworks were over? Well, if you weren't aware, during the copyright phase of the trial, the jury found that Google had infringed the structure, sequence and organization of Oracle's Java APIs. However, at the time, Judge Alsup had yet to evaluate the validity of Oracle's API copyright claims upon which that verdict was based. Today, Alsup found that Oracle's argument didn't hold water because it would expand the breadth of copyright holder's rights too far -- in essence, it would allow owners of software code to prevent others from writing different versions to perform the same functions. This ruling renders the jury's earlier infringement verdict moot, and gives Mountain View yet another courtroom victory. Despite this latest defeat, Oracle's sure to run the case up one more rung on the legal ladder, so let the countdown to the appeal begin.
Intellectual Ventures' Nathan Myhrvold defends patent trolling, calls tech industry immature
Intellectual Ventures' CEO and founder Nathan Myhrvold, who previously spent some 14 years at Microsoft Research, took the stage here at D10, and as predicted, his interview with Walt Mossberg was quite the invigorating one. You may know the man and his company for its vicious patent trolling -- or, what appears to be patent trolling. In essence, a lot of its business comes from acquiring patent portfolios, and then licensing and / or suing companies to "enforce" them. Naturally, Nathan has a radically different perspective than most sane individuals on the matter, insisting that the system isn't necessarily broken, and that "making money from enforcing patents is no more wrong than investing in preferred stock." The talk centered predominantly around how Intellectual Ventures operates, what it does, and if its CEO feels that the "rat's nest of lawsuits" -- as Walt put it -- was getting out of control. Despite saying that his company has hundreds of people working on new inventions to help deliver medicines in Africa (in response to a question from the crowd on whether his outfit was truly helping people), he confessed that suing to enforce patents was simply another method of capitalism working. Care to take a ride on the crazy train? Head on past the break for a few choice quotes from the interview.
