Miami U.S. District Judge Robert Scola had choice words for Apple and Samsung Google during a patent dispute between the pair, accusing the two of of having "no interest in efficiently and expeditiously resolving this dispute" and instead using such proceedings "as a business strategy." The Florida case began in 2010 and has since swelled to over 180 claims, causing the pair to ask the court to reduce the scope of the case. That caused Judge Scola to rail against the combatants, saying "without a hint of irony, the parties now ask the court to mop up a mess that they made," adding that he would "decline this invitation." Instead, he gave them four months to streamline the case themselves, lest it be placed on hold until all the nearly 100 terms in dispute are defined to everyone's satisfaction -- but we know how that's gone before.

Update: The original post mentioned Samsung and Apple as the disputants, but it's actually a suit involving Google and Apple. Thanks for all who pointed it out.

Filed under: Cellphones, Misc, Tablets, Apple, Samsung

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Via: Games Industry International

Source: Bloomberg

Samsung hasn't been catching many breaks in its court battles with Apple as of late, and that trend isn't quite over yet. A UK court just tossed out claims that Apple violates three Samsung standards-essential patents relating to 3G data transmission, tentatively leaving the American firm free to sell iPhones and other cellular devices in the country -- as long as other lawsuits don't get in the way. Samsung hasn't determined whether or not it will appeal, but a second try isn't as surefire as it might be elsewhere, not when the Galaxy maker has a less-than-stellar record in winning cases where 3G is involved. We'd just like the whole mess to be over.

Filed under: Cellphones, Mobile, Apple, Samsung

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Source: Reuters

Samsung has tentatively been on the hook for $1.05 billion in penalties after allegedly infringing on Apple's patents, but that figure is about to change -- for better or for worse. Judge Koh has ordered a reevaluation of $450.5 million of the damages in a second trial, arguing that the jury set one damage figure per product where there were six infringement claims that had to be taken into account for each device. She also believes that Apple may be entitled to damages for sales not included in the original case. There's a chance Samsung can lower the amount it ultimately has to pay, but the extra factors and devices could easily worsen its situation. Koh hasn't set a trial date, either, but we'd like it to come soon: Apple versus Samsung is quickly becoming the battle that never ends.

Filed under: Cellphones, Mobile, Apple, Samsung

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Source: FOSSpatents, Bloomberg

As famous judges go, Sir Robin Jacob doesn't quite rank up there with some others we can think of (like that handsome fella on the left). But he is well known in legal circles, thanks largely to an important judgement he made against Apple last year. Sir Robin was among three British judges who forced Apple to apologize for accusing Samsung of stealing tablet designs, and he was especially heavily quoted in the press after he highlighted a "lack of integrity" in the way Apple had presented its case. Fast forward to now, however, and Sir Robin is in the limelight for a very different reason. He's quit the role of impartial arbiter in order to become an "expert" who is "working on behalf of" Samsung in a separate dispute with the ITC. We're certainly not accusing the guy of any wrongdoing, but it's interesting that the system allows people to switch between roles just like that. Lawyers, eh?

Update: Here's a word on the matter from Samsung:

"Sir Robin Jacob is not a legal representative of Samsung Electronics. A highly reputed intellectual property expert and academic, Sir Robin has been contracted as an expert by a law firm that represents Samsung Electronics in its case against Ericsson."

Filed under: Tablets, Apple, Samsung

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Source: FOSS Patents

Weary of the neverending legal back-and-forth between Apple and Samsung yet? No, we're not either (that's a terrible lie), and the latest exciting development comes from a courtroom in Japan, where it was decided Samsung does not hold rights to certain data transmission tech it accused Apple of pinching. So, what are the repercussions? None, really -- the status quo remains unchanged, and Apple can continue selling the products Sammy wanted off the shelf. The Times of India notes that cases in the US and South Korea over the same patent have gone one a piece, meaning Apple is up 2-1 in this particular bout. But, when you've been battling for this long, you've bound to win some, and lose just as many.

Filed under: Cellphones, Mobile, Apple, Samsung

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Source: Reuters

David Eun, presently serving as EVP at Samsung's Open Innovation Center after stints at AOL, Google, Time Warner and NBC Entertainment, just took the stage here in Dana Point, California during the opening night of D:Dive Into Media 2013. While the interview was certainly a wide-ranging one, one particular diversion caught our ear. Breaking from discussions on Eun's view of Samsung as a content company, Swisher asked Eun quite pointedly about its relationship with Apple. Eun chuckled a bit, making quite clear that he himself was not the whole of Samsung. While Eun wouldn't comment on the specifics of the ongoing litigation, he did note that as a evangelist of Silicon Valley and a consumer of technology, he views the deadlock as "a loss."

It was actually a pretty candid response, and it was clear from his body language that he truly is less than thrilled that the legal struggles are ongoing. As Eun noted, Samsung makes money each time an iPhone is sold, yet the two companies are indeed competitors on some levels. Eun confessed that he'd simply have to let the lawyers battle it out, but it was quite refreshing to hear a Samsung executive admit what most laypeople have long since believed: that the patent quibbles are hindering innovation on the whole.

We'll be reporting live from D:Dive Into Media as it continues on February 11-12. You can follow our coverage by using the "dmedia2013" tag.

Filed under: Cellphones, Apple, Samsung

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Judge Lucy Koh has decided on several post-trial motions from Samsung and Apple in their long running patent case, overturning one key element of the jury's ruling while upholding several others. What was overturned was the jury's ruling that Samsung's acts of patent infringement were willful, which meant Judge Koh could have tripled some parts of the $1 billion+ in damages granted to Apple. On the other hand, she also rejected Samsung's request for a new trial, and invalidated two claims a wireless patent it holds. AppleInsider posted the decision to Scribd, which you can find embedded after the break, hit the source links for a few other looks at the ruling and what this means going forward. Naturally of course, it's not over yet (it's never over) as each company can still appeal elements of the ruling, and other appeals in the case are already ongoing.

Filed under: Cellphones, Mobile, Apple, Samsung

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Source: Apple Insider, FOSS Patents, The Verge

Despite Apple's attempts to get Samsung's Galaxy Tab 7.7, 8.9, and 10.1 banned from sale in The Netherlands (per ongoing litigation between the two companies), a Dutch court in The Hague struck down that request in a ruling today. Apple claimed Samsung's Galaxy Tab line too closely resembled its own line of iPads, but apparently Dutch officials disagreed -- Apple is paying Samsung €63,678 ($84,755) in court costs as a result. This isn't even the first time a Dutch court sided with Samsung over Apple's claims on its Galaxy Tab line.

The two companies are engaged in a worldwide patent struggle, each trying to get the other company's products banned for sale in various regions. The situation in The Netherlands is particularly contentious, with some serious back-and-forth over various devices across the past several years. Today's news is just one more small step in the ongoing patent saga between Samsung and Apple, sadly, and we'll assuredly see much more minutiae before the two are through.

Filed under: Tablets, Apple, Samsung

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Via: Sammobile

Source: de Rechtspraak

While Judge Lucy Koh may not pull down the same staggering wage or get as much TV time as that other well-known arbiter, she's just as outspoken in her own courtroom. While presiding yesterday over the neverending story that is Apple v. Samsung, she called for "global peace" between the two. Inciting chuckles from the crowd, she reaffirmed her point: "I'm not joking... it would be good for consumers and good for the industry." Head lawyer for Samsung said the company was "willing to talk," but the opposition wasn't so amicable, claiming that the billion-odd judgment in its favor was a mere "slap on the wrist," and that clear boundaries were necessary for setting a precedent.

Cupertino's camp also attacked Samsung's design decisions, saying they were knowingly taken to the limit of what it could legally get away with, while the Korean manufacturer's team thinks Apple wants to "compete through the courts rather than the marketplace," and was using the courts to conduct a smear campaign. When commenting on the patent rows in a TV interview yesterday, Apple CEO Tim Cook repeated his stance on litigation, but said there was "no other choice," and that "in a perfect world," companies would "invent their own stuff." Sadly, it looks like Judge Koh's plea for resolution won't have much of an impact, but we're with her in thinking: if only this had all played out during a 10-minute segment on daytime TV.

Filed under: Cellphones, Tablets, Mobile, Apple, Samsung

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Source: Financial Times

As usual, Apple thought Friday night on a holiday weekend was the perfect time to push some more paper through in its ongoing patent lawsuit against Samsung. According to Florian Mueller of FOSS Patents, after Samsung asked to add the latest iPads, iPhones and iPod touches to its list of claims and the court approved the addition of the iPhone 5, Galaxy S III, Galaxy Note and Galaxy Note 10.1, Apple is trying to put six more devices on the list. Listed in the motion are the Galaxy S III running Android Jelly Bean (but not Jelly Bean itself), Galaxy Note II, Galaxy Tab 8.9 WiFi, Galaxy Tab 2 10.1, Rugby Pro and Galaxy S III mini. As usual, the case will proceed, we'll wait to hear if these requests are approved by the court and in the meantime, iThings and Galaxys alike will continue to fly off the shelves. Given the season, for now it's time to be thankful we're not one of the lawyers spending their day working on this. That leaves us plenty of time for more interesting activities, like hand-to-hand combat against fellow shoppers for the right to purchase slightly discounted items.

Filed under: Cellphones, Tablets, Mobile, Apple, Samsung

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Source: FOSS Patents, Reuters

Whatever you think of the continual legal tussles between Apple and Samsung, a UK court's decision to force the former into publicly acknowledging that the latter did not copy its design will have seemed a little egregious even to the most ardent sammy-sympathiser. Well, that post is now live -- on Apple's site at least -- and as you might expect, is studiously manicured to almost not feel like an acknowledgement at all. The opening legalese notes that Samsung did not infringe "registered design No. 0000181607-0001," before going on to point out in perfect lay-terms the positive comments Judge Colin Birss made about its own slates. While Apple does confirm that the UK decision was further upheld by the court of appeal, it is also keen to remind you that other European legal jurisdictions (namely Germany) don't share this opinion. Head to source to read the statement in full.

Filed under: Tablets, Apple, Samsung

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Via: iMore

Source: Apple

The US Patent and Trademark Office may have just thrown a wrench into Apple's recent courtroom triumph over Samsung by invalidating one of the patents at the heart of the victory: rubber-banding. We noted at the time that Apple hit a "home run" with that particular IP, as jurors declared that all 21 disputed Samsung devices infringed it, no doubt resulting in a large part of the $1 billion (and counting) owed by the Korean maker. "Claim 19" of patent 7469381, which covers that feature, was invalidated by the USPTO on two counts, both of which were cases of prior art that allegedly existed before Cupertino claimed them. Either one could be enough reason to throw out that part of the patent, according to FOSS Patents, provided that the USPTO's ruling stands up. Either way, Samsung has already brought the new information to Judge Koh's attention -- which might bring about some new action very soon.

Filed under: Cellphones, Tablets, Apple, Samsung

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Source: FOSS Patents

In the latest scuffle between Apple and Samsung, a Tokyo court has ruled that the iPhone 4 and 4S do not infringe on two of Sammy's patents. According to The Asahi Shimbun, a decision on September 14th found Apple had not violated a patent related to app downloads, as Samsung's method is different. A dispute regarding flight / airplane mode also went in Cupertino's favor on October 11th, because the technology in question was regarded by the court as incremental. Only one case against Apple remains undecided in Japan -- for a patent on using "homescreen space" -- but, as usual, don't expect that to be the last chapter in the neverending story.

Filed under: Cellphones, Software, Apple, Samsung

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Via: FOSS Patents

Source: The Asahi Shimbun

Remember when a UK judge said that Samsung couldn't have copied the iPad with its Galaxy Tab because it wasn't "as cool" as the iPad? Well, Apple has just lost the High Court appeal to have that decision overturned, meaning that despite the backhanded compliment, it will still have to run adverts in the press stating that the Korean giant had not copied its tablet designs.

[Thanks to everyone who sent this in]

Filed under: Tablets, Apple, Samsung

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Source: BBC News

Apple and Samsung have been recreating the Cold War through their own mutually assured destruction policy, and nowhere is that more apparent than their Pyrrhic victories in South Korea. For Apple, however, the pain will be just a little easier to bear. A Seoul court has confirmed that it's staying the ban on older iPads and iPhones until Apple can complete the appeals process; the Cupertino crew won't face the full penalty unless the appeals court upholds the verdict. Samsung hasn't yet asked for a similar pause on a ban covering some of its Android devices, though, which could lead to at least a momentarily lopsided situation in Samsung's home country. It's nonetheless a brief reprieve in a war that sadly won't end anytime soon.

Filed under: Cellphones, Tablets, Mobile, Apple, Samsung

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Source: Bloomberg

A legal standoff ended today, as Judge Lucy Koh has dissolved the sales injunction against the Galaxy Tab 10.1 after Samsung's appeal had been remanded to her by the Court of Appeals for the Federal Circuit. Judge Koh's decision is based on the jury's findings in Apple v. Samsung that the Galaxy Tab 10.1 didn't infringe on Apple's D'889 patent. If you'll recall, the judge had previously denied Samsung's motion to dissolve the injunction, having cited a lack of jurisdiction while the case was in front of the appeals court. Unsurprisingly, she decided to approve the motion once the case was kicked back to her courtroom. Whether we see the Galaxy Tab 10.1 hit the ban list again following the December 6th hearing remains to be seen, but in the meantime, perhaps you can kick back and enjoy the eye of the storm.

Update: In related courtroom drama, Samsung has filed the initial courtroom documents that assert the iPhone 5 infringes on its patents. At least the company is good for its word. [Reuters]

Filed under: Tablets, Apple, Samsung

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Source: The Verge, Reuters

One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.

Filed under: Tablets, Apple, Samsung

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Source: FOSS Patents

In a court filing late Friday night Apple has requested the court enhance the $1.05 billion in damages a jury awarded it from Samsung for their patent lawsuit in California. FOSS Patents' Florian Mueller has a breakdown of the figures, revealing that Apple has chosen to seek enhancement just on what the jury deemed "willful" patent infringement to the tune of $135 million (less than the 3x amount it could have pursued) plus an additional $400 million for infringement of trade dress. That adds up to $1,756,455,218 it's now seeking from Samsung, plus, as Reuters reporter Dan Levine notes, the expected request for permanent injunctions. That could cover more than the products mentioned in the lawsuit, as Mueller also points out Apple is asking for an injunction against other products with similar features, which could extend to devices like the Galaxy S III. As usual, it's all still far from over and the figures could change, but Samsung is probably just hoping Apple's lawyers use iOS 6 Maps for their next trip to the courtroom.

Update: Per FOSS Patents, adding in interest and supplemental damages Apple's total request is now a tidy $707 million. What does Samsung want? According to Reuters, it's requesting an entirely new trial, because who doesn't want to do this whole thing over again? Stay tuned.

Filed under: Cellphones, Tablets, Mobile

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Source: FOSS Patents, Dan Levine (Twitter), Reuters

Motorola and Samsung just caught a break from the law after a few hard knocks. A Mannheim, Germany court has ruled that neither company infringes on an Apple patent covering how an OS responds to and ignores touch events. While we don't yet know the full details, patent lawsuit guru Florian Mueller suggests that the German judge took the same point of view that thwarted Apple's claims in the Netherlands and the UK: the particular patent was just too broad to stick. It's a potentially important win, as a ruling of violation could have led to serious problems with keeping Android-based Motorola and Samsung devices in stores; other patents are more easily circumvented. However, it's still something of a Pyrrhic victory for a pair of companies that have lately been facing the threat of near-term bans and steep damages.

Filed under: Cellphones, Mobile

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Source: FOSS Patents

After emitting an appropriate number of yawns and groans, staff at the federal court in San Jose have accepted a document from Samsung's lawyers stating that the manufacturer "anticipates" adding the iPhone 5 to its list of ongoing patent grievances against Apple. Samsung did acknowledge that it needs to "analyze the device" before being certain of its devilry, but it also clearly remains undeterred by that separate billion dollar verdict in Apple's favor. According to the Wall Street Journal, Samsung's latest challenge -- if it goes ahead -- is not expected to affect sales of the new iPhone.

Filed under: Cellphones, Mobile

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Source: WSJ

While Samsung wasn't happy with everything in the billion dollar jury decision concerning its case vs. Apple back in August, it did find some use in a ruling that the Galaxy Tab 10.1 did not infringe Apple's design patents. Based on that, it's trying to get the months-old injunction on sales of the device lifted, but CNET and AllThingsD report Judge Lucy Koh has declined to do so at this time, citing a lack of jurisdiction. She did state that Samsung's motion raised a "substantial issue" with the injunction, but will apparently need to wait for the appeals court to send it back to her court room. The two companies still have a court date on Thursday, as well as the December 6th hearing where they'll argue about possible injunctions for some of the other devices involved in this case.

Filed under: Tablets

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Source: AllThingsD, Samsung

The Apple v. Samsung patent war that will seemingly never end has taken another turn today, as Apple is asking the court to add newer Samsung Galaxy hardware, including the Galaxy S III, Verizon Galaxy S III, Galaxy Note and Galaxy Note 10.1 to its complaint against the Galaxy Nexus and other related devices. If you thought updated software and designs would keep these newer smartphones and tablets out of the fight -- you were wrong. Just to help you keep things straight, remember this is a separate case from the one that ended exactly a week ago with a decision in Apple's favor to the tune of more than $1 billion in damages.

At issue here are eight of Apple's utility patents that it says Samsung has infringed upon. The headliner patents at issue are '721 which covers slide to unlock, and '604, which could apply to the universal search feature Samsung has been pulling from its phones recently. Another familiar entry is the '647 patent Apple slapped HTC with in 2010, which has a vague description but applies to clicking on a phone number in an email, for example, to call it. You can read the details on each and every one in the PDF linked below, we'll be doing... anything else.

Filed under: Cellphones, Mobile

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Via: Apple Insider

Source: Apple's amended complaint (PDF)

Samsung may have lost a billion dollar round here in the US, but it appears to have scored a victory in its patent battle against Apple in Japan today. Reuters and Bloomberg report a judge there decided its Galaxy smartphones and tablets did not infringe on an Apple patent. Apple sued Samsung there in September of last year, however the Tokyo District Court has ruled Samsung did not violate a patent that covered syncing music and video data with a PC. According to The Yomiuri Shinbun, presiding judge Tamotsu Shoji dismissed the claim, saying Samsung's implementation of this specific technology was not covered by the scope of Apple's patent and, Bloomberg reports, ordered Apple to pay the costs of the lawsuit. Just as we're seeing in US District Court in California however, one judgement doesn't mean the seemingly never-ending battle is over however because Apple may be able to appeal this decision to a higher court. There are also other cases ongoing, which The Sankei Shimbun reports includes one focusing on the infamous bounce-back patent, so as usual, stay tuned for further updates.

Filed under: Cellphones, Tablets, Mobile

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Source: Reuters, Bloomberg, Yomiuri Shinbun

Filed under: Mobile

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Source: Reuters, AllThingsD

Favorable infringement findings in hand, we knew Apple would seek injunctions to ban Samsung devices from being sold in the US. And now we know that Tim Cook and company are following up on that billion dollar verdict and are seeking to enjoin eight handsets from being sold. As you can see in the chart above, the Galaxy S 4G, four Galaxy S II variants, the Galaxy S Showcase, Droid Charge, and Galaxy Prevail are all on the chopping block. Why is Apple only going after eight of the twenty-something devices found to be infringing its IP? Well, most of them are no longer being sold, and we all know how Judge Koh just hates having her time wasted.

Filed under: Cellphones

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Via: The Verge

Source: Court Filing (PDF)