patent suit

Samsung finds itself on the wrong end of the Apple trial with spilled evidence

Samsung finds itself on the wrong end of the Apple trial with spilled evidence

Earlier today it was revealed that evidence Samsung spilled to the press in their trial against Apple regarding supposed Sony pre-cursors to the iPhone was not supposed to be seen. Federal Judge Lucy Koh had previously blocked said evidence from the trial altogether, and both Apple and the judge have since earlier today come down on Samsung demanding an explanation for Samsung releasing documents to news outlets. Samsung is now on the hot-seat speaking on why they found transmitting these documents to the public "entirely consistent with this Court's statements" - these statements saying that, "workings of litigation must be open to public view."

Continue Reading

Samsung opening statement calls iPhone “inspiring product to everyone”

Samsung opening statement calls iPhone “inspiring product to everyone”

In the continuing epic battle that is Apple vs Samsung in the USA version of their collection of court cases going on around the world, Samsung has opened with statements that attempt to make it clear that they admire the iPhone. Along with this admiration, Samsung's lawyer Charlie Verhoeven has attempted to make it clear that being inspired by a product is something that everyone does, and that this process is called competition, no copying. Samsung pushed for detailed comparisons between Samsung and Apple devices, showing rounded corners, startup sequences, and home screen configurations as well.

Continue Reading

Apple suggests Samsung will use “Devil made me do it” defense

Apple suggests Samsung will use “Devil made me do it” defense

In the second half of Apple's opening statement in the United States-based court case that's having the computer giant face off against rival company Samsung, Apple's lead attorney Harold McElhinny suggested he knew what Samsung would be bringing to the table. One of the main items Samsung will speak about, McElhinny suggested this morning, is that Apple's design patents represent the only way to make functional products. He noted, "I think of this as the 'Devil made me do it defense'", according to Ina Fried of AllThingsD sitting in on the case.

Continue Reading

Apple opening remarks vs Samsung “easier to copy than to innovate”

Apple opening remarks vs Samsung “easier to copy than to innovate”

This morning Apple has made its opening statement in a landmark case vs Samsung which will result, more than likely, in the exchanging of billions of dollars in damages for patent infringement on the part of one or both of them in the mobile device realm. Apple's opening remarks come with what we've seen several times before, including such remarks as, "we all know it’s easier to copy than to innovate," from Apple lead attorney Harold McElhinny. Samsung's opening statements will come later in the day while Apple has had the first hour and a half.

Continue Reading

HTC removes patent in ITC case against Apple

HTC removes patent in ITC case against Apple

Here’s a quick refresher on HTC’s legal battle against Apple: the company’s launch of the One X and EVO 4G LTE in the United States was stalled briefly thanks to an import ban handed down by the ITC after the handsets were found to infringe on one of Apple’s patents. Now, in a second case involving the ITC, HTC has had to remove a crucial patent, bringing its total claims down from 8 to 2.

Continue Reading

Apple sued for Siri tech by Taiwan University

Apple sued for Siri tech by Taiwan University

It appears that Apple is not safe from the continual downpour of patent cases as this week the National Cheng Kung University in Taiwan is readied and filed an infringement case against Apple's use of Siri on the iPhone and iPad. The patents in question here have to do with speech recognition which the plaintiffs suggest was filed by them in 2005 as a "Method and system for matching speech data." This patent is available under patent number 7,707,032 in the United States.

Continue Reading

Key witness in Apple-Samsung trial won’t testify

Key witness in Apple-Samsung trial won’t testify

The trial between Apple and Samsung, which is kicking off today, will apparently be moving forward without a key witness that could have helped Samsung's case quite a bit. All Things Digital reports that Shin Nishibori no longer works at Apple and has said that he will not be appearing in court to testify, despite being subpoenaed. According to a letter sent to Judge Lucy Koh (which was penned by Nishibori's lawyer), Mr. Nishibori is currently in Hawaii trying to "recover from several health issues," and claims that the subpoena was not properly issued under the Federal Rules of Civil Procedure. Therefore, he will be staying where he is and won't be attending the courtroom tussle between Apple and Samsung.

Continue Reading

Apple request to transfer patent suit involving Kodak denied by court

Apple request to transfer patent suit involving Kodak denied by court

Kodak was forced to file bankruptcy after it has been unable to compete in the changing photography market. The company's big move to pull itself out of bankruptcy and reorganize into something profitable has been to sell off two large patent portfolios. The problem for Kodak is that one of the patents in the portfolio was recently invalidated in court. Apple is also been seeking to transfer a patent suit between it and Kodak out of bankruptcy court and into a New York District Court.

Continue Reading

Samsung accused of document destruction in US case vs Apple

Samsung accused of document destruction in US case vs Apple

Just five days before the trial will take place between Apple and Samsung over a collection of patents and possible device design infringements, Samsung has been accused of failing to avoid auto-deleting email evidence. In this case it appears that Apple is seeking evidence which would have been in Samsung's email archives if Samsung had not had a "rolling basis" for deleting old documents. U.S. Magistrate Judge Paul S. Grewal agreed with Apple's request that jurors should be informed that they can draw "adverse inference" from Samsung's failure to avoid deleting the files in question.

Continue Reading

Samsung $2.5b Apple damages could be tripled

Samsung $2.5b Apple damages could be tripled

As the Apple vs Samsung case ramps up here in the United States (as it has in many places across the globe) it appears that possible cash damages are growing by leaps and bounds even before the case begins. Apple's legal council have released several notes today letting the court know that they expect to be entitled to $500 million in lost profits, "$25 million in reasonable royalty damages on the proportionally small set of remaining sales for which it cannot obtain an award of Samsung's profits or Apple's own lost profits," and $2.525 billion in all counting patent infringements. This amount may well be totaled in Samsung is found guilty of willful infringement.

Continue Reading