Though Samsung's Note7 is now officially off shelves, the headaches are not yet over. Beyond the continued, embarrassing efforts to keep the phones off of planes and the expected loss of over $3 billion, Samsung will now be dealing with legal troubles related to the Note7 as well. Consumers in the United States and South Korea have just announced their intent to file class action lawsuits. Read More
Breaking news coming out of California's Northern District Court tonight, as Judge Lucy Koh, who presided over the now-infamous Apple v. Samsung trial, has issued post-trial rulings on the parties' respective motions.
Jury Misconduct (Vel Hogan)
Judge Koh ruled that no jury misconduct occurred during the Apple v. Samsung trial, and that she would refuse to entertain the issue further. The judge will not even hold an evidentiary hearing on the matter, meaning Samsung failed in even at the most basic level in arguing its case for a new trial on account of Vel Hogan's alleged biases. This issue can be appealed, but the bar for overturning a post-trial motion for a new trial on the grounds of juror misconduct is abuse of judicial discretion - meaning you can probably consider this issue dead and buried. Read More
I can't say I'm the biggest student of Gandhi, but that whole "an eye for an eye and the whole world goes blind" bit sure came to mind this morning when I read that Samsung's head of mobile, Shin Jong-kyun, said the company "[does not] intend to (negotiate) at all" with Apple. This came on news of HTC's settlement with Apple on Saturday, which I contend is objectively good for the industry and consumers, no matter how you spin it.
First, let's look at the backstory. Apple and Samsung are involved in probably over a dozen various legal entanglements across the world. Read More
Reuters is reporting that Samsung will be amending its counterclaims against Apple in the two companies' second lawsuit in California, currently scheduled for trial in March 2014. Here's what Samsung is saying:
"Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product ... Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models."
This trial focuses squarely on software patents Apple is claiming are violated by the entire Android operating system (eg, the app picker, unified search, auto-correct), and has essentially nothing to do with product design. Read More
Update: It appears Samsung sent out the update removing universal search from international Galaxy S III's mistakenly. I'd say the point still stands for the United States, though.
On December 1, 2004, a patent was filed in the United States naming Apple as asignee (owner). Its title is "Universal interface for retrieval of information in a computer system." This patent, which you can find here, has become Apple's most effective weapon in its fight to see Android dubbed an iOS "ripoff" by courts and consumers.
And effective it has been - Samsung just removed the local search feature from the international version of the Galaxy S III, having already removed it from the US versions on AT&T, Sprint, and Verizon. Read More
Over at FOSSPatents, Florien Mueller has gotten his hands on a copy of a filing containing Apple's damages claim against Samsung in their much-publicized California lawsuit. The contents indicate that Apple is seeking $2 billion in unjust enrichment damages (the amount Samsung has wrongly profited infringing Apple's design patents), along with $500 million in lost profits. A smaller $25 million royalty for various technical patents like tap to zoom and overscroll bounce is included, but only in regard to a few products.
The design patents are the damages headliners because only design patents offer the option of seeking unjust enrichment as a remedy (there are various and good reasons for this). Read More