patentinfringement
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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.
Skyhook sues Google for patent infringement... again
Last time Google found itself in court proceedings opposite Skyhook, it was facing anticompetitive and IP legal claims for forcing Android OEMs to use Google's location services. Yesterday, Skyhook filed a new complaint alleging that Google is infringing nine of its patents. FOSS Patents reports that the IP in question is, like last time, all about geolocation technology. The patents cover various aspects of a WLAN-based positioning system, and all but one of them were granted after the prior lawsuit, hence the new legal action. We've yet to hear Google's side of the story, but you can take a peek at Skyhook's airing of grievances at the source below.
Microsoft wins injunction against Motorola in German court, aims to strike patent license deal
Motorola and Microsoft are no strangers to the patent war tango, and today marks the third injunction against the Droid maker in the German court. Judge Dr. Guntz of the Munich I regional court ruled that Motorola infringes on a Microsoft patent for "soft input panel system and method," granting Microsoft the ability to ban sales of some Motorola devices in the country. Essentially, the patent in question covers the software required to let applications flexibly receive input from different sources, such as the touchscreen keyboard and voice input. As Florian Mueller of Foss Patents points out, the functionality covered by this patent is utilized by the vast majority of apps, and among Android device makers only Google-owned Motorola Mobility is not paying Microsoft a patent license for this feature. Microsoft Corporate Vice President David Howard issued a statement with a not-so-subtle dig at the company in question: "We will continue to enforce injunctions against Motorola products in Germany and hope Motorola will join other Android device makers by taking a license to Microsoft's patented inventions." Google can (and most certainly will) appeal the ruling, so the saga continues...
US International Trade Commission to investigate Motorola claims against Apple
The US International Trade Commission announced on Tuesday that it will look into Motorola's claim that Apple is infringing on patents that cover messaging notifications, location-based reminders, media playback and more. According to a Computerworld report, the ITC will assign the case to an administrative law judge who will hear the evidence and make a preliminary ruling. This initial decision could possibly result in a ban against the iPhone, iPad and iPod touch. Once an initial decision is made, the case will go to the full commission, which will make a final ruling on the infringement and any potential injunction. This process usually takes 16 months to complete, so the decision to look into this case won't affect this week's iPhone 5 launch.
Apple adds Samsung's Galaxy S III, Galaxy Note and Galaxy Note 10.1 to ongoing patent lawsuit
The Apple v. Samsung patent war that will seemingly never end has taken another turn today, as Apple is asking the court to add newer Samsung Galaxy hardware, including the Galaxy S III, Verizon Galaxy S III, Galaxy Note and Galaxy Note 10.1 to its complaint against the Galaxy Nexus and other related devices. If you thought updated software and designs would keep these newer smartphones and tablets out of the fight -- you were wrong. Just to help you keep things straight, remember this is a separate case from the one that ended exactly a week ago with a decision in Apple's favor to the tune of more than $1 billion in damages. At issue here are eight of Apple's utility patents that it says Samsung has infringed upon. The headliner patents at issue are '721 which covers slide to unlock, and '604, which could apply to the universal search feature Samsung has been pulling from its phones recently. Another familiar entry is the '647 patent Apple slapped HTC with in 2010, which has a vague description but applies to clicking on a phone number in an email, for example, to call it. You can read the details on each and every one in the PDF linked below, we'll be doing... anything else.
Google on Apple v. Samsung: most infringed patents 'don't relate to the core Android operating system'
When the jury in Apple v. Samsung handed down its verdict on Friday, we watched Apple take a victory lap and heard Samsung warn of hampered competition, but one company remained conspicuously silent: Google. This weekend, though, Mountain View finally released a statement, insisting that while Samsung lost the trial, the ruling doesn't actually implicate Android. "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," the company said, noting that several of these patents are being revisited by the US Patent Office. Still, buried in that statement is an implicit acknowledgement that if Samsung can't reverse the decision on appeal, innovation among Android devices might well be stifled: "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." Of course, Samsung has indeed said it intends to appeal (and an internal memo reported by CNET corroborates this), so it would seem that the proxy battle against Android is far from over, and the drone of legalese is sure to continue.
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.
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.
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.
Apple SVP Eddy Cue wanted 7-inch iPad in 2011, internal email says
During today's proceedings at the Apple vs. Samsung patent infringement trial in Northern California, an internal Apple email came to light, where Senior Vice President of Internet Software and Services Eddy Cue suggested that the company manufacture a 7-inch tablet, anticipating a market for a smaller slate. The email reportedly dates back to January of 2011, and was sent to Scott Forstall, Tim Cook and Phil Schiller, according to The Next Web. AllThingsD added that the topic originated with an email from a reporter, who shared that they had switched to a 7-inch Samsung tablet from the iPad, because they found the smaller size of the Tab more appealing. Cue reportedly agreed with the findings, and made his own suggestion. That email hasn't led to a smaller form-factor iPad to date, but with rumors heating up around an upcoming "iPad Mini," it's possible that Apple's compact tablet could one day arrive. And Cue was right -- there's clearly demand for a 7-inch tablet. Update: Read the email for yourself after the break.
Judge denies Apple's request for dismissal after Samsung evidence leak
Judge Lucy Koh denied Apple's request for a judgment that would hand the company a victory in its patent infringement case with Samsung, according to Electronista. Apple made the request after Samsung deliberately defied Judge Koh's order by releasing excluded documents to the media. These documents suggest Apple copied Sony when it designed the iPhone. Despite repeated attempts by Samsung to include these documents in the trial, they were excluded because Samsung produced them too late in the proceedings. Samsung lawyer John Quinn defended the company's decision to release the documents by saying Samsung was acting in accordance with the Court's view that the "...workings of litigation must be open to public view." Quinn adds that Samsung only provided these documents when journalists requested them and that it "was not motivated by or designed to influence jurors." Apple said in its motion that Samsung "apparently believes that it is above the law, and that it-not this Court-should decide what evidence the jury should see." Apple adds that Samsung "engaged in bad faith litigation misconduct by attempting to prejudice the jury." Koh may have denied Apple an early win, but she did not rule out the possibility of other sanctions against Samsung. The trial will resume as expected on Friday afternoon. [Via Ars Technica] #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Deposition reveals iPhone prototype with curved glass
Among the many images of iPhone, iPad and iPod prototypes being used by Apple in its patent infringement case against Samsung, one stands out as something completely different from any other device we've seen -- an iPhone prototype with curved glass on the front and back. Network World's iOnApple reports that Apple's first witness in the case, former designer Christopher Stringer, described the prototype as being too costly to produce -- "The technology in shaping the glass, the cost relative to shaping the glass at the time, and some of the design features of this specific shape were not liked." Stringer noted that the technology at the time wasn't amenable to mass production at a reasonable cost. Another prototype that resembles a large iPod mini (below, left) was also revealed during testimony, but apparently didn't make the grade since the extruded aluminum case wasn't comfortable and "you can't get antennas to work properly in a fully enclosed metal jacket." While the legal maneuverings of Samsung and Apple are about as exciting as watching paint dry or listening to dead crickets, the continued parade of iPhone designs that never made it to production is fascinating. #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
InterDigital wins appeal in never-ending Nokia patent battle
We'll leave labeling of InterDigital to the individual -- whether you prefer patent troll or non-practicing entity, the semantics don't concern us. What does concern us, however, is the IP firm's ongoing legal battle with Nokia, and its recent victory over the Finnish manufacturer in the US Court of Appeals. The ruling reverses a previous decision handed down by the ITC that found Nokia did not violate InterDigital's patents, but the trio of judges hearing the appeal disagreed. The claims in question relate to 3G radios and networks -- the same patents that the firm used to target ZTE and Huawei. It doesn't appear that there will be any immediate repercussions for Nokia, either in the form of import bans or settlement fees. The Windows Phone champion is considering its next move, which may involve appealing the appeal.
HTC removes patent in case against Apple
The Apple-Samsung case is now in the courtroom, and things are starting to shape up for next month's HTC versus Apple showdown. The company filed a motion to the International Trade Commission to withdraw a specific patent for a "circuit and operating method for integrated interface of PDA and wireless communication system", which now drops the number of HTC's claims down to two standard-essential patents. HTC originally started off with three patents in August of 2011, then added five more for good measure in September of 2011. FOSS Patents blogger Florian Mueller notes that Apple filed a countersuit in June over alleged infringement of standard-essential 4G LTE patents, and says that if Apple is successful in any of its FRAND (fair, reasonable, and non-discriminatory) counterclaims, HTC's ITC complaint will be an utter failure. Apple's most recent legal volley at HTC is saying that the company managed to skirt an ITC-issued handset injunction after allegedly making "misstatements" to U.S. Customs officials. Some HTC handsets had been banned from import into the U.S. after a ruling found that HTC had infringed on an Apple "data detectors" patent. #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Apple/Samsung suit begins today
The big patent infringement trial between Apple and Samsung kicks off today in a California court, as noted by The New York Times. With infringement claims pending against both companies, there's a lot at stake. As pointed out by Philip Elmer-DeWitt of Fortune's Apple 2.0, the trial can be summarized by the first few lines in each company's pre-trial brief. Apple: "Samsung is on trial because it made a deliberate decision to copy Apple's iPhone and iPad." Samsung: "In this lawsuit, Apple seeks to stifle legitimate competition and limit consumer choice to maintain its historically exorbitant profits." To help you get up-to-date on the long-standing dispute, The Verge has a detailed post describing both Samsung's case against Apple and Apple's case against Samsung. Written by Matt Macari and Nilay Patel, the post also tells you what to expect during the trial. You can also check out AllThingsD, which has a cheat sheet that spells out the major points of the legal battle; writer Ina Fried is covering the trial in person. [Via Fortune 2.0, The Verge and AllThingsD]
Apple, Samsung bickering over where to sit in court
The bickering between Samsung and Apple just won't stop. The latest report from AllThingsD suggests Samsung is even arguing over where it will sit and what the two companies will be called during the trial. Striving to get every advantage it can, Samsung is asking the court to call both companies claimants instead of plaintiff and defendant, since the trial involves patent infringement allegations from both sides. Samsung also asks that it be allowed to sit in the plantiff's table when it is arguing its case. "Equal treatment of the parties with respect to where they sit while presenting their affirmative case will mitigate any prejudice to Samsung that may result from Apple being in closer proximity to the jury throughout the trial," Samsung said in its brief. Jury selection in the trial is slated to begin July 30 so expect to hear a lot more about this legal battle in the upcoming weeks. #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Apple and Google appealing dismissal of Apple versus Motorola lawsuit
Back in June, TUAW reported on the dismissal of reciprocal lawsuits brought by Apple and Motorola Mobility -- now part of Google -- against each other. At the time, it was stated that "both companies apparently failed to adequately demonstrate that injunctive relief would be appropriate, nor did they put solid justifications for damages into play." Well, after cooling down a bit, the two companies are at it again; they both filed appeals to Judge Richard Posner's dismissal on July 20, 2012. Judge Posner, author of a number of scholarly books on law and economics, is considered an antitrust law expert, and volunteered to preside over the Apple v. Motorola case because he "enjoys" patent cases. Both parties were very unhappy with Posner's decision, with FOSS Patents' Florian Mueller saying that Apple and Google are opposing every ruling that was not in their respective favor. By moving to the Federal Circuit, Apple and Motorola are hoping that part of Posner's decisions will be overturned. As Mueller notes, "given the large number of claims at issue in that action and the fact that the Federal Circuit reverses at last part of an appealed ruling in more than 40% of all cases, it would be a statistical anomaly if each and every one of Judge Posner's decisions was affirmed." [via AppleInsider] #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Mojang sued for alleged patent infringement in Android version of Minecraft
Mojang has seen the sort of success that most game developers dream of with Minecraft, but it looks like it's now also found itself thrust into the rarely desirable world of patent lawsuits. As revealed by Minecraft creator Notch himself on Twitter, Mojang is being sued by the Texas-based Uniloc (which has also taken aim at Electronic Arts, Gameloft and others) over some alleged patent infringement in the Android version of Minecraft. That supposed infringement is not related to any of the distinctive gaming elements of Minecraft, but rather the means through which the game verifies users -- something Uniloc alleges is a violation of patent #6,857,067, a "system and method for preventing unauthorized access to electronic data." Not surprisingly, Notch has taken the opportunity to make his thoughts on software patents known (see his blog post below), and also make absolutely clear that he intends to fight the suit, saying that "if needed, I will throw piles of money at making sure they don't get a cent." That's also prompted a response from Uniloc CEO Ric Richardson, who notes that he had no direct involvement in this particular patent or suit, but defends the company's practices and insists that it is not a patent troll.
