Legal

136 articles
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Apple Claims 2 Million Lost Device Sales, Judge Koh Removes Three Samsung Devices From Trial

Apple's trial against Samsung, which resumed today, has hit another milestone – Apple rested its case against Samsung today after a somewhat shocking testimony from a financial expert who indicated that the Cupertino manufacturer may have lost up to 2 Million device sales (including both iPhones and iPads) because of Samsung's alleged infringement. This testimony came after last week's revelation that Apple asked Samsung for up to $30 per smartphone and $40 per tablet device for patent licensing.

The report, figured by CPA Terry Musika, relied on three main number sets: how much revenue Samsung brought in with the accused products, royalty fees based on infringed patents, and any profits Apple may have lost to Samsung sales.

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Documents Reveal That Apple Asked Samsung For Up To $30 Per Phone And $40 Per Tablet For Patent Licenses

As most of our readers are surely aware, the Apple vs Samsung case is still boiling, and over the course of nearly two weeks since the trial's beginning, document after document has revealed juicy details from both sides regarding previously unreleased designs, plans, and even sales figures. While so far we've avoided piecemeal coverage of the case's twists and turns, a new development (reported earlier this evening by The Verge) reveals something particularly interesting.

applesamsungslide01

We've known for some time that Apple attempted to sell Samsung on patent licensing back in 2010, but according to a document released today (and the testimony of Apple Exec Boris Teksler), Apple had proposed specific dollar figures per license – up to $30 per Phone and $40 per tablet, to which (according to Apple's slide deck) "Samsung should respond favorably." According to the proposal, Samsung would be responsible for a base rate of $30 per touchscreen phone (including phones running Android, Windows, Symbian, and Bada) and $40 per tablet (which would decrease to just $30 over two years).

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iOS Developer Appigo Is Threatening To Sue Android Apps For Using The Word "ToDo" In Their Names, Generally Being Ridiculous

As Android Police's unofficial person who knows things about laws (as always, none of this is legal advice), sometimes I see law stuff going on in the tech world that just makes me mad. This is one of those times. Appigo, an iOS and OS X developer, filed for a trademark on the word "Todo" (see it here) under the scope of a software application (basically).

Yesterday, we received an email from a developer of an app for Android called Star Trek ToDo Agenda. He was contacted by Appigo, with the following email (private information redacted):

Hello,

I'd like to discuss a small issue with one of your apps:
Your App Name: Star Trek ToDo Agenda
Your App URL: https://play.google.com/store/apps/details?id=com.stanlm.startrektodoagenda&feature=search_result#?t=W251bGwsMSwxLDEsImNvbS5zdGFubG0uc3RhcnRyZWt0b2RvYWdlbmRhIl0.

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Verizon Gets $1.25 Million Slap On The Wrist From FCC For Blocking Tethering Apps, Via Block C Spectrum Rules

The FCC and Verizon settled out an ongoing dispute about Verizon's removal of tethering apps from the then-Android Market for devices operating on its network, stating that the "Block C" spectrum rules it agreed to when it purchased the frequency bands obligate it to provide its customers open access to software. Those rules, if you haven't seen them before, are essentially:

[Verizon] shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee's C Block network.

The scope of the FCC settlement (meaning Verizon decided it was no longer worth fighting) is quite narrow - Verizon must now allow customers unfettered access to tethering apps, and in return the FCC will end the investigation.

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A Complete Overview Of The Apple v. Samsung Trial: Things Aren't Looking Great For Android's Biggest Manufacturer

With Samsung and Apple's California trial scheduled for Monday, more and more information is being unearthed about the parties' respective claims. Yesterday, though, AllThingsD parsed out a few pieces of evidence from an unedited version of Apple's filing (not publicly available) that look quite bad for Samsung. I'll just quote them as they appear, because they really don't need much context:

  • In February 2010, Google told Samsung that Samsung’s “P1” and “P3” tablets (Galaxy Tab and Galaxy Tab 10.1) were “too similar” to the iPad and demanded “distinguishable design vis-à-vis the iPad for the P3.”
  • In 2011, Samsung’s own Product Design Group noted that it is “regrettable” that the Galaxy S “looks similar” to older iPhone models.
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Samsung Delivers On Its Promise To Return Universal Search To Galaxy S III - At Least In The UK

When Samsung inadvertently removed the universal search feature from the international Galaxy S III, everyone assumed it was for legal reasons. Not so, says Samsung! As it turns out, the feature was removed on accident and, as of today, the feature has been restored. If you live in the UK, at least. No word yet on restoration to any other devices.

searchsgsiii

As you can see in the photo above, the device model this is being applied to is t he GT-I9300, which is the model for the international Galaxy S III. We're still waiting to hear if any users outside the UK get the feature restored, but for now, it looks like if you own the device inside Her Majesty's borders, you should be getting local search back before you know it.

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Samsung Says It Didn't Mean To Remove Universal Search From International Galaxy S III, Will Put It Back Soon

Well, this is awkward. While it was recently reported that Samsung removed the universal search feature from its international Galaxy S III devices, it turns out Samsung didn't mean to. Oops. According to the Korean manufacturer, the company only intended to remove the feature from certain US variants of the handset. Samsung told TechRadar, a UK-based tech publication, that the feature would be returning to the UK variant of the Galaxy S III. It's unclear if this means that it will only be returning to the UK variant, or if Samsung is simply informing TechRadar and the BBC of the versions relevant to their readers.

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Editorial: Samsung Has Given Up On Fighting Apple's Unified Search Patent - Where Do We Go From Here, Google?

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.

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Apple Wants $2.5 Billion From Samsung For Infringed Patents, Offers Half A Cent For Each Samsung Patent

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).

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Google Wants To Co-Defend HTC Against Nokia In Patent Lawsuit

According to a header from a sealed document unearthed by FOSSPatents, Google has requested to intervene in an ITC patent lawsuit between HTC and Nokia as co-defendant to the Taiwanese smartphone-maker. This is the first time Google has ever filed as an intervening 3rd-party in a patent lawsuit between one of its hardware partners and a competitor, so it may be the sign of a shift in strategy for the company.

12-07-16 ITC-847 Google motion to intervene

There's also the fact that Google has requested an antitrust investigation against Nokia in the EU, so maybe Google is just piling on the Finnish firm to makes its stance even more clear.

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