The Apple Lawsuit Thread

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Re: The Apple Lawsuit Thread

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Re: The Apple Lawsuit Thread

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Weird :? Very weird
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Re: The Apple Lawsuit Thread

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http://www.wired.com/gadgetlab/2013/03/ ... Stories%29
Judge Calls for New Trial in Apple v. Samsung, Slashes Apple’s Award by 40 Percent
By Christina Bonnington03.01.136:06 PM

Samsung claimed a victory in its epic intellectual property fight against Apple on Friday when the federal judge presiding over the case slashed by 40 percent the amount of money it must pay in damages.

U.S. District Judge Lucy Koh cut from $1.05 billion to $600 million the damages Samsung must pay in Apple v. Samsung, ruling that the damages awarded for a handful of products in the case must be recalculated in a new trial.

The two tech titans have been engulfed in a complex IP battle that’s been fought in several countries since 2010. The U.S. portion of their legal feud went to trial in San Jose, California, in August. A nine-member jury ruled that Samsung owed Apple $1.05 billion in damages for infringing the Cupertino company’s patents covering the design and user interface elements of the iPhone and iPad. Apple had argued its competitor willfully infringed upon those patents — which, if true, could have tripled the award — but Koh concluded in January that Samsung did not willfully infringe upon Apple’s intellectual property.

In a lengthy ruling released Friday afternoon, Koh waded further into the ongoing question of damages. She denied Apple’s request for supplemental damages and granted Samsung’s request for a new trial to reconsider the damages after finding that the method jurors used to calculate the sum directly violated instructions they’d been given.

“The Court has identified an impermissible legal theory on which the jury based its award, and cannot reasonably calculate the amount of excess while effectuating the intent of the jury,” Koh wrote in the 27-page ruling. “Though the Court gave a curative instruction, explicitly telling the jury that it was not allowed to apply that theory, the amount of the award made plain that the jury had applied the impermissible theory anyway.”

The phones and tablets to be considered in a new trial include the Samsung Galaxy Prevail, Gem, Indulge, Infuse 4G, Galaxy SII AT&T, Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Galaxy Tab, Nexus S 4G, Replenish and Transform.

The Galaxy Prevail, in particular, was a cause for contention. While the jury determined it only violated Apple’s utility patents in the case, it awarded a hefty $57,867,383 — 40 percent of Samsung’s profits from the handset, according to Apple’s calculations. Koh did not overturn the verdict that these mobile devices infringed Apple’s IP, she only disagreed with the amount Apple had been awarded.

Koh will address other issues, such as interest accrued before judgment and evidence regarding post-verdict sales, after all appeals conclude.
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Re: The Apple Lawsuit Thread

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Re: The Apple Lawsuit Thread

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Apple in Chinese court over patent rights for Siri
The Register wrote:Shanghai's Zhizhen Network Technology Co. first patented its "Xiao i Robot" software in 2004
That's 3 years before the 1st iPhone was even launched. US$1bn, should just about cover it I think...
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Re: The Apple Lawsuit Thread

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Apple and Samsung are still going at it! On the road to innovation and market domination, Samsung has managed to infringe on a piece of an Apple patent. While they skirted the line on an infringement dealing with auto-detection of microphones or other devices plugged into its handset’s microphone jacks, an International Trade Commission (ITC) judge has found Samsung guilty of crossing that line with one of their other “innovations”.

The decision, issued back on March 26, was released Thursday and revealed that Samsung’s “text-select” feature on its smartphones and tablets is in fact an infringement on a key portion of Apple’s patent. Although the decision is not final, the full commission is expected to make a final decision sometime in August.

If the ITC judge’s decision is upheld, Samsung will be barred from importing any of the infringing devices to the US. This would be a crushing blow to Samsung’s bottom line for sure. What items are on the chopping block? Included in the list of infringing devices are their Transform and Nexus devices, among others.

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Re: The Apple Lawsuit Thread

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The White House stepped into a patent war between Apple and Samsung on Saturday by overturning a decision that banned the sale of certain iPads and iPhones in the United States.

. . .

"We applaud the administration for standing up for innovation in this landmark case," said Apple spokesperson Kristin Huguet.

"Samsung was wrong to abuse the patent system in this way."

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Re: The Apple Lawsuit Thread

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And then they retain the right. The same logic used by a Brazilian judge could be used by dozens of US judges against Apple.

http://appleinsider.com/articles/13/09/ ... urt-appeal
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Re: The Apple Lawsuit Thread

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http://arstechnica.com/tech-policy/2013 ... teve-jobs/
Apple’s German patent suit shut down by a 2007 video of Steve Jobs
Big problem: Jobs showed off iPhone features 5 months before patent filing date.

A German court has declared an early Apple photo-management patent invalid because of evidence in a video in which Steve Jobs presented the original iPhone back in January 2007.

Apple had won injunctions against both Samsung and Motorola using its patent in different European jurisdictions, according to patent blogger Florian Mueller, who observed the proceedings today in the Munich-based Federal Patent Court of Germany. The problem was that Apple disclosed the "bounce-back effect" when Jobs demonstrated the photo gallery back in 2007—but the priority date of the German patent was June 2007, five months after the demonstration.

Effectively, Jobs killed his own company's patent by showing off the feature before asking the German patent office for protection. The video was submitted as evidence by lawyers representing Google's Motorola Mobility.

If the same sequence of events had happened in the US, it wouldn't have been a problem. Under law prevailing in 2007, inventors had a 12-month grace period to file for a patent after making their invention.

The video was shown in open court, "but only on a laptop close to the bench," Mueller wrote.

This is the same 2007 demo in which Jobs bragged of the iPhone's multitouch features: "And boy, have we patented it!" While that may be true in the US, it was apparently less true abroad.
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Re: The Apple Lawsuit Thread

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Samsung and lawyers face sanction over Apple-Nokia licence disclosure

Samsung and its US lawyers could face sanctions after a secret patent licence between Apple and Nokia was distributed to scores of Samsung staff, breaking a court order.

. . .

Samsung's lawyer admitted in a court hearing before the order that a junior member of the law firm had failed to redact terms of the licence deal correctly, leaving them visible to Samsung executives who should not have been able to see them. But he argued that this was not a violation of the court order which is meant to keep such details secret, because it was not intentional.

. . .

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