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Judge: Apple may not use term "patent troll" in court
Apple and Hawaii-based GPNE Corp are preparing for a legal battle that's being heard by judge Lucy Koh, who has instituted a "no name-calling" rule. Specifically, Judge Koh has told Apple's attorneys that they may not refer to GPNE Corp as "patent troll" or "privateer" or "bandit" while in front of a jury. Additionally, they may not tell a jury that GPNE is engaged in a "shakedown" or "playing the lawsuit lottery." This is ironic, as GPNE appears to be the very definition of "patent troll." It manufactures nothing, and appears that is only "product" is making licensing demands for its patents. As of this writing, its website features the following four "news" items: April 8, 2014 GPNE Corp. enters into license agreement with CVS Pharmacy, Inc. April 1, 2014 GPNE Corp. enters into license agreement with The Kroger Co. March 25, 2014 GPNE Corp. enters into license agreement with ID Systems, Inc. March 14, 2014 GPNE Corp. enters into license agreement with Stanley Steemer International, Inc. As for its beef with Apple, GPNE claims the iPad infringes on old patents on transmitting data over a network.
Samsung won't get a retrial in Apple patent infringement case
Remember Apple's big legal win against Samsung last year? In that patent-infringement case, which ended almost exactly one year ago, Samsung was ordered to pay Apple US$1 billion in damages (later reduced by $450 million) after willfully infringing on five of Apple's patents. Yesterday, Samsung was denied a new trial requested on the basis of "the rubber-banding effect" that it said it had not infringed. That user interface effect is what you see when you scroll too far on an iOS device, with the content "bouncing back" as if it were attached to a rubber band. Judge Lucy Koh issued a ruling yesterday denying Samsung's motion for a new trial based on the patent, referred to in the case as the '381 patent. Apple won a similar ruling in Japan in June, and has argued in court that the demand for a retrial was just a delaying tactic by Samsung to avoid paying the damages. A hearing is scheduled for November to finalize the amount of damages that Samsung will pay to Apple.
Samsung hopes new jury will nullify Apple patent infringement award
FOSS Patents is reporting that Samsung is asking the court to appoint a new jury to determine whether or not 14 of its products infringed on Apple's patents. The move, if granted by the court, could result in a lower monetary award to Apple than the US$1.05 billion initially awarded last August. That initial award has already been chipped away at by the court, with Judge Lucy Koh pulling $450 million of the verdict as the jury had improperly awarded damages for 14 products. In this latest move in the never-ending Samsung/Apple chess game, the Korean manufacturer has asked for permission to exceed the court's limit on the number of pages submitted for its response to Apple's request for a case management conference on April 3. Samsung invoked the Seventh Amendment to the US Constitution when explaining the need for the extra documentation, as it "would require that the new jury retry certain liability issues along with the damages issues that are subject to the Court's new trial order." Samsung's request went on to say that "the question of damages on the counterclaim is so interwoven with that of liability that the former cannot be submitted to the jury independently of the latter without confusion and uncertainty, which would amount to a denial of a fair trial."
Judge Koh reduces damages in Apple v. Samsung case by $450 million, orders new trial
There's been a significant development in the court case that saw Apple awarded US$1.05 billion in damages last August. According to The Recorder, Judge Lucy Koh has ordered that the amount Samsung must pay Apple be reduced by $450 million, or almost 40 percent, and that a new trial be held to decide how much of that amount will still be paid. There's evidently been some question regarding 14 of the Samsung devices covered by the lawsuit and exactly how much of the damages originally awarded to Apple can be attributed to them. This new trial will look more closely at the specific intellectual properties these devices are violating and could possibly result in the damages being reduced or increased based on the findings. A new jury will need to be selected before the trial can take place. FOSS Patents reports that the devices in question include several smartphones from the Galaxy line, the Galaxy Tab and the Nexus S 4G. [Via Apple Insider]
Judge throws out Samsung's juror misconduct argument
In the seemingly never-ending battle between Apple and Samsung, Apple just won another round. As you'll remember, Samsung had alleged that juror misconduct was behind Apple's decisive victory against the Korean manufacturer earlier in 2012. Yesterday, Judge Lucy Koh denied Samsung's request for an evidentiary hearing -- to determine if jury foreman Velvin Hogan was biased against Samsung and influenced the outcome of the trial -- and a whole new trial. In what was considered a longshot for Samsung, the company had accused Hogan of deliberately hiding information about a lawsuit he was involved in. That lawsuit was against Seagate, the drive manufacturer in which Samsung recently became a major shareholder. Samsung alleged that Hogan was biased against Samsung as a result, and worked to sway the rest of the jury members against the company. In her filing yesterday, Koh pointed out that Hogan had admitted that he worked for Seagate during jury selection. That gave Samsung's legal team the opportunity to discover Hogan's lawsuit had the team "acted with reasonable diligence." It wasn't all roses for Apple yesterday, though -- Koh threw out Apple's request for a permanent sales ban on the Samsung products that had infringed on Apple's patents. The judge still has to make a ruling on Apple's request for additional damages and Samsung's request to reduce the damages already awarded to Apple.
Court reverses Galaxy Nexus sales ban in the US (updated with Samsung's statement)
A United States appeals court has overturned the injunction banning the sale of Samsung's Galaxy Nexus, arguing that the California district court had "abused its discretion" in granting it. The case between Apple and Samsung, which centers around four patents relating to unified search and Siri, will now be returned to the court of Judge Lucy Koh for reconsideration -- in the same way that she had to reverse her previous decision regarding the Galaxy Tab 10.1. The injunction was granted on the basis that Apple could demonstrate "irreparable harm" to its business, and, that its case had a high likelihood of succeeding. However, the panel of judges felt that Cupertino could do neither of those things to the court's satisfaction, and as such, Samsung's handsets will be available to purchase as soon as the company can get them onto shelves. If you'd care to delve into the full text of the remand order yourself, it's available at the source link. Update: Here is Samsung's jolly statement regarding the reversal: "We welcome this reversal by the Federal Circuit, finding that the District Court abused its discretion in ordering a preliminary injunction against the Galaxy Nexus. Today's decision confirms that the role of patent law is to protect innovation and not to unreasonably stifle competition and restrict consumer choice. We will continue to take all appropriate measures to ensure the availability of our innovative products."
Judge Koh lifts Galaxy Tab 10.1 sales injunction following Court of Appeals remand
A legal standoff ended today, as Judge Lucy Koh has dissolved the sales injunction against the Galaxy Tab 10.1 after Samsung's appeal had been remanded to her by the Court of Appeals for the Federal Circuit. Judge Koh's decision is based on the jury's findings in Apple v. Samsung that the Galaxy Tab 10.1 didn't infringe on Apple's D'889 patent. If you'll recall, the judge had previously denied Samsung's motion to dissolve the injunction, having cited a lack of jurisdiction while the case was in front of the appeals court. Unsurprisingly, she decided to approve the motion once the case was kicked back to her courtroom. Whether we see the Galaxy Tab 10.1 hit the ban list again following the December 6th hearing remains to be seen, but in the meantime, perhaps you can kick back and enjoy the eye of the storm. Update: In related courtroom drama, Samsung has filed the initial courtroom documents that assert the iPhone 5 infringes on its patents. At least the company is good for its word. [Reuters]
Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction
One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.
Apple seeks additional $707 million, permanent injunctions in patent case against Samsung
In a court filing late Friday night Apple has requested the court enhance the $1.05 billion in damages a jury awarded it from Samsung for their patent lawsuit in California. FOSS Patents' Florian Mueller has a breakdown of the figures, revealing that Apple has chosen to seek enhancement just on what the jury deemed "willful" patent infringement to the tune of $135 million (less than the 3x amount it could have pursued) plus an additional $400 million for infringement of trade dress. That adds up to $1,756,455,218 it's now seeking from Samsung, plus, as Reuters reporter Dan Levine notes, the expected request for permanent injunctions. That could cover more than the products mentioned in the lawsuit, as Mueller also points out Apple is asking for an injunction against other products with similar features, which could extend to devices like the Galaxy S III. As usual, it's all still far from over and the figures could change, but Samsung is probably just hoping Apple's lawyers use iOS 6 Maps for their next trip to the courtroom. Update: Per FOSS Patents, adding in interest and supplemental damages Apple's total request is now a tidy $707 million. What does Samsung want? According to Reuters, it's requesting an entirely new trial, because who doesn't want to do this whole thing over again? Stay tuned.
Judge decides against lifting US injunction on Samsung's Galaxy Tab 10.1, for now
While Samsung wasn't happy with everything in the billion dollar jury decision concerning its case vs. Apple back in August, it did find some use in a ruling that the Galaxy Tab 10.1 did not infringe Apple's design patents. Based on that, it's trying to get the months-old injunction on sales of the device lifted, but CNET and AllThingsD report Judge Lucy Koh has declined to do so at this time, citing a lack of jurisdiction. She did state that Samsung's motion raised a "substantial issue" with the injunction, but will apparently need to wait for the appeals court to send it back to her court room. The two companies still have a court date on Thursday, as well as the December 6th hearing where they'll argue about possible injunctions for some of the other devices involved in this case.
Daily Update for August 29, 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 to argue potential bans on infringing phones December 6th in US District Court
Ardent followers of the Apple v. Samsung hearing in California have another date to circle in their calendars: December 6th. AllThingsD and Reuters report Judge Lucy Koh has put that down as the day the two companies can make their cases over two key steps in the process since the verdict (check out our breakdown of the decision and what its $1.05 billion damage award means here) was handed down Friday evening. Apple is requesting an injunction to block the sale of Samsung phones that were found to infringe upon its patents, while Samsung wants to have the jury's verdict set aside. This changes the plans for the previously scheduled September 20th hearing, which will focus on Samsung's effort to get the injunction lifted on its Galaxy Tab 10.1 that was found not to infringe upon Apple's design patent. Whether you'll be tuned in to Twitter for each line by line update or avoiding the internet altogether, at least now you know which day to plan for.
Apple, Samsung respond to the jury's decision; September 20th court date set for injunction hearing
Well. The verdict for the tech industry patent trial of the week is in, and the jury agreed with Apple's version of the events enough to award it a billion dollars and change in damages while awarding Samsung... nothing. Naturally, the two companies differ in their viewpoints on this ruling, with Apple celebrating a decision that supports its originality and innovation, and is "sending a loud and clear message that stealing isn't right." Samsung, on the other hand, claims it's all about standing up for the consumer, who it believes will be the true victim here, forced to pay more for fewer choices and less innovation now that one company has "a monopoly over rectangles with rounded corners." Before we get to the inevitable appeals, Apple is seeking a preliminary injunction against Samsung's infringing products and Judge Lucy Koh has set September 20th as a date for the hearing. Apple has until the 29th to file its motion, which Samsung will have 14 days to respond to, before Apple has two days to craft a response of its own. While we all take a breather before the lawyers get back at it, you'll find the statements from both companies after the break. Update: As expected, Samsung has indicated it will appeal the ruling. Wall Street Journal's Evan Ramstad tweets that it plans to file post-verdict motions to overturn the decision and if those are unsuccessful, it will take its case to the Appeals Court.
Apple v. Samsung jury finds Apple's patents valid, awards it nearly $1.05 billion in damages
The federal court jury in the patent infringement lawsuit between Apple and Samsung has presented its verdict after deliberating for just 21 hours and 37 minutes following the three week trial. This particular case started with Apple's lawsuit last April and now the jury's decision is that Samsung did infringe on Apple's '381 bounceback patent with all 21 of its products in question. For the '915 patent on pinch-and-zoom, the jury ruled all but three of the devices listed infringed, and more damningly, found that Samsung executives either knew or should have known their products infringed on the listed patents. The jury has also found against Samsung when it comes to Apple's contours on the back of the iPhone and its home screen GUI. The Galaxy Tab, was found not to have infringed upon Apple's iPad design patents. The bad news for Samsung continued however, as the jury decided that not only did it willfully infringe on five of the seven Apple patents, but also upheld their validity when it came to utility, design and trade dress. The amount of the damages against Samsung is in: $1,051,855,000.00 (see below). That's less than half of the $2.5 billion it was seeking, but still more than enough to put an exclamation point on this victory for the team from Cupertino. The final number is $1,049,343,540, after the judge found an issue with how the jury applied damages for the Galaxy Tab 10.1 4G LTE and Intercept. The jury also ruled that Apple did not infringe upon Samsung's patents with the iPhone 3G and 3GS, and has awarded it zero dollars in damage. We'll have more information for you as it become available. Update: Both companies have released statements on the matter, with Apple stating via the New York Times the ruling sends a loud and clear message that "stealing isn't right." Samsung has its own viewpoint calling this "a loss for the American consumer" that will lead to fewer choices, less innovation and high prices. You can see both in their entirety after the break.
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]
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.
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.
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]
