Apple drops permanent injunction quest in Samsung lawsuit

By Cody Lee on Jul 29, 2014

Apple filed a motion with the US Court of Appeals for the Federal Circuit in California yesterday, dropping its cross-appeal of Judge Lucy Koh’s final judgement in its lawsuit against Samsung. The motion officially ends the company’s pursuit of a product ban.

Now, this is just for the 2012 trial, not the one that ended in May. Apple had been looking to win a permanent injunction against all of Samsung’s infringing devices in that case, and filed multiple appeals, but it appears to have given up on this particular battle… Read More

 

Dutch court upholds sales ban of older Samsung Galaxy devices

By Cody Lee on May 21, 2014

Recode reports that a Dutch appeals court has upheld a lower court’s sales ban of some older Samsung Galaxy devices that infringe on Apple’s IP. The patent in question involves how iOS users are able to peak at the next photo in a gallery by swiping the current image.

The ruling will apply specifically to the Galaxy S2, and the Galaxy Ace—both of which include Samsung photo apps that run an exact copy of the feature—and it could possibly be extended to other Samsung devices found to similarly infringe on Apple’s European patent… Read More

 

Settlement talks stall as Samsung calls Apple a ‘jihadist’ and the trial ‘Apple’s Vietnam’

By Christian Zibreg on May 20, 2014

The Korea Times reported yesterday that Apple and Samsung were negotiating an out of court settlement that would potentially put an end to the long standing legal drama. Less than 24 hours later, lawyers for both companies have told a California court that they’ve been unable to resolve their differences and reach a mutually beneficial agreement.

And as settlement talks dissolve without an agreement in sight, a court-mandated update on these discussions has revealed how mistrustful the two parties have grown of each other. According to Samsung’s top lawyer who referred to Apple as a “jihadist,” the trial will go down in history as “Apple’s Vietnam”Read More

 

Apple and Samsung could settle patent disputes out of court by the summer

By Christian Zibreg on May 19, 2014

Apple and its frenemy Samsung have been embroiled in a complex web of lawsuits spanning continents but now a resolution to the long standing patent dispute that has fascinated watchers around the globe could be within reach as the two technology giants are reportedly engaged in settlement talks, according to a Korean newspaper.

The unexpected development arrives hot on the heels of a surprising Reuters report last week confirming that Apple and Google put an end to a dispute with Motorola Mobility which Google inherited after snapping up Motorola 2011.

That agreement even has the two sides banding together on a patent reform, though it excludes cross-licensing of their respective mobile patent portfolio and Apple’s lawsuits with other Android makers like Samsung… Read More

 

Apple litigation won’t cripple Android, Samsung lawyer insists

By Christian Zibreg on May 8, 2014

The Great Apple-Samsung Legal War has been raging on for years now, and on a scale almost unprecedented in business history. The latest in the saga involves a California court awarding Apple $119.6 million in damages over Samsung patent infringement, a far cry from the $2 billion the iPhone maker was shooting for.

The ruling has prompted many watchers to question the wisdom of Apple’s thermonuclear war on Android. Adding the latest damages award on top of the $900+ million awarded to Apple from the first patent megatrial barely results in $1 billion. I’m certain this is the price Samsung is happy to pay for profiting from willfully lifting Apple’s patented iPhone technology.

But no amount of litigation will ever stop Android dead in its tracks, argues an attorney for Samsung who represents the South Korean conglomerate in the courtroom… Read More

 

Samsung employees allegedly swallowed documents containing legal evidence

By Jake Smith on May 5, 2014

Following Apple winning its second trial in the US against Samsung for patent infringement, Vanity Fair is out with a piece extensively detailing the Apple and Samsung smartphone war that has been raging on for years.

It details the back-story behind the two smartphone giants and the public trial, like misconduct at Samsung revolving price fixing, then COO Tim Cook expressing his concern over infringement to Samsung president Jay Y. Lee in August 2010, and theorizes why Apple may win the battles but still lose the war… Read More

 

Recalculated damages in Apple vs. Samsung suit leaves $119M award unchanged

By Christian Zibreg on May 5, 2014

After finding Samsung guilty of infringing upon three of the five Apple patents included in the second Apple vs. Samsung suit in California and awarding the iPhone maker maker a paltry $119.6 million in damages, the jury on Monday found that the Galaxy maker did not owe Apple any additional money.

Therefore, the original verdict has stayed intact.

Judge Lucy Koh asked the jurors to recalculate the damages after Apple’s legal sharks complained that one infringing Samsung device was left out of the final tally. Hit the jump for the full details… Read More

 

The verdict: Samsung ordered to pay Apple $119.6M in damages, Apple to Pay $158,400

By Sébastien Page on May 2, 2014

The verdict has just been given in the second trial opposing Apple to Samsung, which has taken place in California over the last month.

After hearing 50 hours of testimonies and deliberating for three days, the jury has finally come to an agreement and found that Samsung has infringed on three Apple patents, while Apple infringed on one Samsung patentRead More

 

Google covering some of Samsung’s legal fees, liabilities in Apple trial

By Cody Lee on Apr 23, 2014

We’ve known pretty much all along that Google was going to be more involved this time around in the Apple-Samsung trial. Many of the features Apple claims infringe on its software patents are baked right into Android, so of course it would be in the Mountain View company’s best interest to become much more involved.

But I’m not sure anyone knew the extent of Google’s involvement until yesterday, when a lawyer for the tech giant said that it had reached an agreement with Samsung to foot the bill for a large portion of its legal fees. It also told the Korean firm it would cover much of the damages, should it be found guilty of infringement… Read More

 

Samsung expert says Apple should only get $38M for patent infringement, not $2B

By Cody Lee on Apr 21, 2014

The court battle between Apple and Samsung raged on in California today, with Samsung calling a damages expert to the stand. Judith Chevalier, a professor of economics at the Yale University School of Management, testified that if found guilty of infringement, Samsung should only have to pay Apple $38 million.

The figure, which is actually $38.4 million, is miles away from the $2.2 billion number that Apple’s damages expert called for last week. Chevalier argued that a reasonable royalty rate for Apple’s patents would’ve been $0.35 per patent, per device, and doesn’t think the company should receive damages for lost sales… Read More

 

For Samsung, Steve Jobs’ death was ‘the best opportunity’ to unleash anti-iPhone ad blitz

By Christian Zibreg on Apr 16, 2014

Apple’s second California trial against Samsung over smartphone patents has given us an unprecedented insight into Samsung’s obsession with beating Apple and Apple’s worries over losing the cool factor to Samsung due to the snarky ads that ridiculed the iPhone as an outdated and dull phone.

As you know, Samsung’s campaign headlined under the ‘The Next Big Thing’ tagline went viral in September of 2012, thanks to a particularily scathing ad that ridiculed folks who’d wait in line for an iPhone 5.

The commercials were meant to counter the iPhone 5 “tsunami,” as Samsung execs put it, and have managed to enrage Apple’s marketing boss Phil Schiller so much that he proposed in an email to CEO Tim Cook that the firm fire its longtime ad agency.

According to a highly confidential email exchange between Samsung execs, we now know that the South Korean firm saw Steve Jobs’s death as the “best opportunity to attack the iPhone” and tarnish the Apple brand… Read More

 

Samsung exec: we didn’t copy Apple’s iPhone, we just had better marketing

By Jake Smith on Apr 14, 2014

Apple is claiming in the latest patent trial on-going in a California court that Samsung ripped off its iPhone to become the top-smartphone maker in the world, while Samsung says it was just pure marketing genius that helped turn the smartphone tide over the years.

Todd Pendleton, the chief marketing officer for Samsung’s American division, became the first Samsung executive to take the stand on Monday in the latest patent spat. He explained that marketing Samsung’s phones as the “Next Big Thing” helped it beat Apple, HTC, and BlackBerry, who in 2011 all held a lead over the South Korean electronics giant.

“I think people knew Samsung for televisions,” Pendleton told the court, when reminiscing on 2011. “But in terms of smartphones, there was no recognition for what our product was or what it stood for.” Read More

 

Apple calls in expert to explain why it deserves $2 billion in damages from Samsung

By Cody Lee on Apr 9, 2014

The high-profile patent trial between Apple and Samsung wages on, with Apple on Tuesday calling in a damages expert Chris Vellturo to speak to the jury. The MIT-trained economist’s job was to help the company explain why it deserved the damages it’s asking for.

For those who missed it last week, Apple is asking the court to award it $2 billion ($2.19B to be exact) in damages from Samsung for infringing on 5 of its utility patents. And according to Vellturo, that amount is fair based on a mix of lost profits and owed royalty fees… Read More

 

Samsung’s #1 priority for 2012: beat Apple

By Christian Zibreg on Apr 7, 2014

A treasure trove of internal documents have been leaking out of Apple’s second California trial against the Galaxy maker Samsung.

Not only has the confidential material given us an unprecedented look into the firm’s development process for the iPhone and Steve Jobs’s wish list for the Apple TV (apps, something called ‘magic wand’ and more), it’s also provided us with valuable insight into Apple’s marketing survey explaining why the iPhone’s growth has been slowing and another internal research highlighting the most often requested features by early iPhone 5 adopters.

And now, a new set of internal Samsung documents proves the South Korean conglomerate has been pretty much obsessed with crushing Apple in the marketplace, so much so that it devoted all of its energies throughout 2012 to one goal: beating Apple.

The presentation entitled ’2011 Summary & Lessons Learned / 2012 Business Forecast’ made it clear to Samsung’s managers that beating Apple was their #1 priority for 2012. “Everything must be in context of beating Apple,” reads the memo.

The document offers an insight into Samsung’s thought process, marketing tactics and how it went about containing the iPhone threat by pouring billions into advertising, playing ball with carriers and carpet-bombing the market with countless variants of devices with different screen sizes and price points… Read More

 

Internal Apple slides explain why it thinks iPhone growth is slowing

By Cody Lee on Apr 6, 2014

Despite posting 50+ million iPhone sales last quarter, Apple’s stock slid some 6%. As impressive as the numbers were, they still fell short of Wall Street expectations and reaffirmed fears of slowing growth. Apple’s YoY (year-over-year) iPhone growth is now down to just single digits.

The question is why? And Apple has a pretty good idea of what the answer is. According to some internal documents brought to light by the ongoing Samsung trial, the company attributes the slowing in iPhone growth to consumer want for larger, cheaper handsets and other factors… Read More

 
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