Jury To Decide Apple's Patent Case Against Samsung. What your next smart phone or tablet computer might look like is in the hands of a California jury. In one of the biggest patent infringement cases ever, Apple is suing Samsung — charging that in creating its products, Samsung ripped off iPhone and iPad technology. Samsung countered with its own allegations. This case is complex, the legal issues are daunting, and the jury's decision has to be unanimous. "What's at stake here is the future of smartphones and the tablet market," says intellectual property expert Christopher V. Carani. He notes that the patents being debated cover both design and how things work. Carani says comparing each product to all of the patents will be difficult. "For each one, they'll have to have an itemized determination regarding infringement," Carani says, "then moving to invalidity — in other words, whether or not the patents were valid or invalid.
The judge in the case worries that the jury will be "seriously confused. " Apple v. Samsung timeline: The guide to what's happening. [Updated August 22, 2012] The high-profile battle between technology giants Apple and Samsung has managed to cross not only country borders, but probably the comprehension of many trying to follow the trial, which is taking place in San Jose, Calif. So, without further ado and in bite-size portions, here is a rundown of the trial's events thus far, all the way from the beginning: Key Facts In the original lawsuit filed by Apple against Samsung in April 2011, the former stated that the South-Korean firm had ripped off the design and technology of Apple products.The actual terms used? The Timeline July 2011: Apple sued Samsung for patent infringement, namely through products including the Samsung Galaxy Tab 10.1. August 2011: Samsung's Galaxy 10.1 tablet was put on hold in Australia after an intellectual property and trade practises hearing.
The case Apple bought against Samsung was speedy -- and effective. The two smartphone and tablet giants then struck a deal. However, it did not end there. Apple vs. Samsung: The Trial Goes On, but It’s Already Over. The patent trial of Apple v. Samsung has been fascinating to read about if you’re interested in either company’s inner workings.
So far, we’ve learned that one Samsung executive freaked out about the iPhone, that Apple considered making a car and that Samsung’s 7-in. tablet spurred Apple’s interest in a smaller iPad. But as the Loop’s Jim Dalrymple argues, beyond the juicy highlights, it seems the purpose of the trial — at least from Apple’s perspective — escapes most people: This lawsuit isn’t about getting compensation for products that were released in 2007 or even 2011, it’s about protecting the products that will be released in 2013 and 2015 and beyond. Dalrymple writes that Apple is no doubt planning more revolutionary products in the coming years (like a TV perhaps). The lawsuit is all about stopping Samsung now and sending a message to other companies about the ramifications of copying.
(MORE: Apple Wins Ban on Two Android Devices: What It Means for You) Samsung issues statement on copying Apple. Samsung in Apple patent talks: Rock vs. hard place | Apple. SAN JOSE, Calif. -- Whether or not you agree that Samsung copied the look and feel of Apple's products, it's now clear that Apple put the company in a difficult position when it first accused Samsung of copying. In testimony here today, Boris Teksler, Apple's director of patent licensing and strategy, noted that while Apple initially approached the company to accuse it of copying its products and infringing on a multitude of its patents, Apple would not outright license any of those main patents to another company.
"We were clear we weren't offering a license to everything," Teksler said. "We had yet to discuss some what we termed 'untouchables,' if you will. " As Teksler explained during his testimony last week, those "untouchables" comprise a tier of patents it would not share with others -- something it considered made up its "unique user experience. " With that said, Teksler claimed that the company wanted to make a deal. "There's a clear acknowledgment that there's no cloning," he said. Judge urges Apple and Samsung to make peace in patent dispute. The judge overseeing the heated court case between Apple and Samsung in San Francisco has urged the firms' chief executives to try and make peace to avoid the potential damage of a decision by the jury.
Judge Lucy Koh made the request for Tim Cook and Choi Gee Sung to speak again and try to resolve the issue on Wednesday, according to numerous reports. "I'm going to make one more request that CEOs from both sides speak by phone," she said. "I see risks here for both sides, it's at least worth one more try. It's time for peace. " Koh made the warning amid the potential for huge damages to be handed out in any resolution to the case, with Apple claiming damages amounting to $2.52bn from Samsung. The two technology chiefs have met before to try and reach a settlement on the issue, at the behest of Koh, but failed to reach any agreement, forcing them into the court room. Procès Apple-Samsung : lequel des deux soutenez-vous ? Procès Apple-Samsung : le juge Koh n’en peut plus ! 01net le 17/08/12 à 11h37 Le procès entre Apple et Samsung qui n’en finit plus de durer commence sérieusement à agacer le juge du tribunal de San José, Lucy Koh.
Cette semaine, elle a incité les deux belligérants à trouver un accord à l’amiable en conseillant à Tim Cook, président d’Apple, et à Kwon Oh-Hyun, président de Samsung, de s’appeler au téléphone pour « faire la paix ». Peine perdue ! Apple continue de réclamer 2,5 milliards de dollars pour réparer le plagiat qu’il estime avoir subi. . « Vous avez fumé du crack ? A force d’arguments souvent tirés par les cheveux de parts et d’autres, le juge Koh n’en peut plus. Devant cette demande, elle n’a pas mâché ses mots : « Je ne vais pas me dépêcher pour éplucher 75 pages d’informations concernant des personnes qui ne vont pas témoigner ! Les discussions se terminent en pugilat Il faut donc en conclure que, faute d’accord, le procès va se poursuivre. La relation commerciale d’Apple et Samsung n’en souffre pas. Judge denies Apple's demand for witnesses in Samsung case.
The judge in the Apple versus Samsung copying case has asked the former's lawyers to limit the amount of witnesses. In fact the judge, Lucy Koh, put it rather more bluntly than that, asking them whether they had been "smoking crack" when they came up with their list of an additional 75 witnesses. This is because each party only has 25 hours to present their case and their witnesses. Koh made the off-hand comment because it was unlikely that Apple could fit these witnesses into its allotted time. Nothing about the case so far has been friendly, and Koh may be getting frustrated with the proceedings. According to The Guardian, she told Apple's lawyer that "unless you're smoking crack" an additional 75 witnesses would be unreasonable. Also in court, a financial expert testified that Apple's damages claims, based on profits in the region of $2.5bn, were equally overstated and based on unrealistic Samsung margins.
Apple and Samsung both hit with injunctions in South Korea for patent infringement. A split decision ruling in Seoul District Court found Apple and Samsung both guilty of infringing one another's patents, reports The Wall Street Journal. Apple is found to have infringed two of Samsung's patents related to networking. As a result, Apple will be barred from selling its infringing products in South Korea; products that include the iPhone 3GS and iPhone 4 as well as the first and second generation iPads, reports MoneyToday. Apple will also need to pay Samsung the ridiculously small sum of ₩40 million in damages, about $35,000.
Samsung isn't getting out unscathed, either. The verdict has not been finalized, making it unclear what the companies' recourse to the injunctions might be. Hyunhu Jang contributed to this report. Conan O'Brien Spoofs Apple, Samsung Patent Trial. If you haven't been following the ongoing patent battle between Apple and Samsung, Conan O'Brien has spelled out the controversy in a hilarious spoof that proves Samsung has in no way stolen anything from Apple. The video follows an alleged Samsung VP — dressed in all black and glasses like late Apple CEO Steve Jobs — as he sets off to show the company's originality in developing products and running the business. SEE ALSO: Apple v. Samsung: Tweets from the Courtroom "Samsung's originality is also on display in our home appliances, whether it's our new macrowave oven, our Vac Pro vaccum cleaner or iWasher with scroll-wheel controls," he says.
"If you don't believe me, come to our retail stores where you can talk more about our products with a Samsung smart guy. " How does Samsung stay innovative? "We stay true to the vision of Samsung founder Stefan Jobes," the video says. Guerre des brevets : Apple présente du courrier de Samsung, qui réplique. L’immense bataille juridique entre Apple et Samsung se poursuit. La quatrième journée a été marquée par l’intervention de Justin Denison, responsable de la stratégie de Samsung, qui juge « très offensantes » les accusations de copie d’Apple.
Selon lui, « les consommateurs font une quantité considérable de recherche et prennent autant de temps pour choisir un téléphone ». Le responsable de Samsung déclare ainsi qu'il faut six semaines à un mobinaute pour choisir un téléphone. Le but : combattre l'argument d’Apple selon lequel les clients confondent les terminaux des deux marques en magasin, faisant choisir les smartphones du sud-coréen plutôt que ceux de la firme américaine.
Une réelle copie, selon un expert Apple a pour sa part appelé un expert pour témoigner de la copie de son design par les Galaxy S, Galaxy S2 et tablettes Samsung. Un courriel interne compromettant ? Samsung could face court penalty over lawyer's oversight - Civil lawsuits, patent, intellectual property, legal, iPad, Android tablets, tablets, hardware systems, Android, iPhone, smartphones, consumer electronics, samsung, Apple. Samsung could face penalties from the U.S. District Court in Northern California after one of its lawyers involved in the patent battle against Apple admitted that she hadn't file the paperwork necessary to practice law in front of the court. Susan Estrich, a high-profile lawyer and law professor at the University of Southern California law school and a legal contributor to the Fox News cable channel, made the admission in a filing on Thursday to the court's San Jose division.
Estrich is a partner at Quinn Emanuel Urquhart & Sullivan, the law firm working for Samsung in the case, and she appeared in front of the court two days earlier to argue about e-mail that could be used as evidence in the case. On Wednesday, Magistrate Judge Paul Grewal questioned whether the relevant paperwork had been submitted for her appearance. "In reviewing the docket, it appears that the Samsung attorney presenting Samsungs argument has not entered any appearance in this case," Grewal wrote.
A Look Back at the Second Week of the Apple-Samsung Trial - Arik Hesseldahl. Calling the Apple versus Samsung patent lawsuit the most closely watched case of its kind in recent memory isn’t exactly going out on a limb, and that’s because the disclosures of details previously held close to the vest by both parties have been so numerous and, well, so interesting. The trial’s first week was widely described as something of a slapfest, during which lawyers for both sides aimed to sting the other by forcing one painful bit of previously secret information after another into the record of evidence.
Though the second week had its snoozy moments, the fascinating disclosures kept on coming, and ended with nothing less than a bombshell. Here are the week’s highlights: Apple Offered Samsung a License on Its Patent Portfolio “Shocked” as it was by the iPhone-like look of the first Galaxy phones, Apple considered its relationship with Samsung — a key supplier of chips and other components — important, and was willing to make a deal. Samsung’s U.S. Apple pounces on Samsung doc as proof of 'slavish copy' claims. High performance access to file storage Apple presented a massive 132-page internal Samsung document that showed the South Korean firm comparing every inch of the iPhone with its early Galaxy S phone in its patent ruckus yesterday.
The internal Samsung report, translated from Korean, goes over every aspect of the iPhone and looks at how the equivalent feature of the S mobe matches up. Unfortunately, it also says none-too-subtly that the S phone would really be a lot better if it was more like the Jesus-mobe. At every feature discussed, recommendations for improvement are given with reference to the comparison to the Jesus-mobe.
In the comparison of both phones' icons, there's also the direction to "Remove the feeling that iPhone's menu icons are copied by differentiating design" – which Apple is pretty much reading as backing up its allegations. Samsung has argued before that of course it looked closely at what Apple was doing, because (duh!) Smartphones are confusing. Apple Beats Samsung: First Reactions. Apple / Samsung Handout/European Pressphoto Agency 8:35 p.m. | Updated Adding comment from Samsung Electronics.
In the landmark trial between Apple and Samsung Electronics, a jury awarded Apple over $1 billion in damages on Friday after deciding that Samsung was guilty of infringement on most patents at issue. And in response to Samsung’s countersuit accusing Apple of infringing patents, the jury concluded that Apple owed Samsung nothing. In other words, it was a clean sweep for Apple. What follows are early reactions to the news. Apple was, obviously, quite pleased. We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it. Samsung Electronics issued a statement after the verdict: Today’s verdict should not be viewed as a win for Apple, but as a loss for the American consumer.
Mark Lemley, a professor of Stanford’s law school, spelled out just how enormous a win this was: $1,051,855,000.