Judge Koh finds Samsung infringement of Apple patents was not willful, won’t triple damages

Judge Koh finds Samsung infringement of Apple patents was not willful, won't triple damages

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.


Orders on Motions for Judgment as Matter of Law by Mikey Campbell

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Source: Apple Insider, FOSS Patents, The Verge

Judge denies Apple a permanent ban on Samsung devices, tosses Samsung’s attempt at a new trial

Judge denies Apple a permanent ban on Samsung devices, tosses Samsung's attempt at a new trial


A permanent sales ban on a number of Samsung devices isn't happening, says Judge Lucy Koh, shooting down an injunction request filed by Apple. In a filing denying the motion, Koh admits that Samsung may have cut into Apple's customer base, but says "there is no suggestion that Samsung will wipe out Apple's customer base or force Apple out of the business of making smartphones. The present case involves lost sales -- not a lost ability to be a viable market participant." Although Koh admits it's undeniable that Samsung has violated certain patents, Apple has failed to show that it has lost sales to Samsung specifically because of these patent violations, noting that "it is not a case where the patented inventions are central to the infringing product." Apple's sale loss could just be because Samsung is the company's direct competitor. The Judge shot down one of Samsung's requests too, denying the company a new trial due to alleged jury misconduct. Looks like that billion dollar verdict isn't going anywhere.

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Source: Verge, FOSS Patents, Reuters

Judge Koh: ‘global peace’ between Apple and Samsung would be ‘good for consumers’

Judge Koh speaks necessary obvious: 'global peace' between Apple and Samsung would be 'good for consumers'

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.

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Source: Financial Times

Apple asks court to include Galaxy S III with Jelly Bean, Galaxy Note II and four more devices in lawsuit

Apple asks court to include Galaxy S III with Jelly Bean, Galaxy Note II and four more in lawsuit

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.

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Source: FOSS Patents, Reuters

Samsung adds new iPad, iPad mini and iPod to lawsuit, will peek at Apple / HTC settlement

Samsung motions to add new iPad, iPad mini and iPod to patent lawsuit, gets a look at Apple / HTC settlement

Ready for some more legal mumbo-jumbo? We're happy to oblige: Samsung is asking Judge Paul Grewal to amend its patent infringement allegations to include Apple's latest 4th and 5th generation iPad and iPod Touch, as well as the 7.9-inch iPad mini. Sammy says it's arguing on the side of efficiency, noting that the new hardware is up against the very same claims as the iPhone 5 it added to the case last week, asserting that their inclusion wouldn't be a burden to the court. Grewal, who was expecting this motion, is also being asked to decide if older iPod hardware is covered by Samsung's original infringement contention, which vaguely described "all Apple products including a built-in speaker and an external audio output port," as violators. The Judge also recently approved Samsung's request to sneak a peek at HTC and Apple's recent settlement agreement. The proceedings seem to keep Grewal and his gavel busy, but at least your legalese loving uncle will have something to drone on about over Thanksgiving dinner.

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Via: Verge, FOSS Patents, Reuters

Court approves addition of iPhone 5, Galaxy S III and Galaxy Note to Samsung v. Apple lawsuit

Those looking for the light at the end of the legal tunnel may want to take a seat: Apple and Samsung's ongoing patent war just got a bit more crowded. Both sides are fighting to add hardware to their respective patent claims. The U.S. District Court in San Jose is approving these additions too, adding the iPhone 5 to Samsung's claims and approving the Apple's updated complaint to include the Galaxy Note and Galaxy S III. More devices could be added, too -- Judge Paul Grewal specifically warned Apple to "think twice" before opposing future amendments on Samsung's part, which might include the iPad mini and 4th generation slate. For better or for worse, never-ending litigation and sticky sales injunctions seem to becoming an unfortunate mainstay of the modern product cycle. We'll let you know when the ongoing battle poses a threat to your upgrade plans.

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Court approves addition of iPhone 5, Galaxy S III and Galaxy Note to Samsung v. Apple lawsuit originally appeared on Engadget on Fri, 16 Nov 2012 00:18:00 EDT. Please see our terms for use of feeds.

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USPTO has ‘tentatively’ invalidated Apple’s key rubber-banding patent

FOSS Patents USPTO has invalidated Apple's rubberbanding patent

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.

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USPTO has 'tentatively' invalidated Apple's key rubber-banding patent originally appeared on Engadget on Tue, 23 Oct 2012 06:57:00 EDT. Please see our terms for use of feeds.

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Judge Koh lifts Galaxy Tab 10.1 sales injunction following Court of Appeals remand

Judge Koh lifts Galaxy Tab 101 sales injunction following Court of Appeals remand

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]

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Judge Koh lifts Galaxy Tab 10.1 sales injunction following Court of Appeals remand originally appeared on Engadget on Mon, 01 Oct 2012 22:23:00 EDT. Please see our terms for use of feeds.

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Judge decides against lifting US injunction on Samsung’s Galaxy Tab 10.1, for now

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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.

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Judge decides against lifting US injunction on Samsung's Galaxy Tab 10.1, for now originally appeared on Engadget on Tue, 18 Sep 2012 00:56:00 EDT. Please see our terms for use of feeds.

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Samsung planning Galaxy S IV launch for March 2013?

Samsung reportedly planning Galaxy S IV launch for February 2013 to steal a march on the iPhone 5

Galaxy S 4 or Galaxy S IV? Disagreements over the naming convention are likely to rage on now that Samsung's dropped hints that it's planning to replace the Galaxy S III in the spring of next year. A company official reportedly told Korea Times that "the new device is expected to hit shelves globally in March at the latest" following an initial announcement at MWC in February -- and while it would retain the "inspired by nature" design language of its predecessor, the screen might get a bump from 4.8 to 5-inches. It may seem odd for a company to talk up its next product so soon after the last one, but perhaps it's a deliberate marketing move in light of a certain new contender.

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Samsung planning Galaxy S IV launch for March 2013? originally appeared on Engadget on Mon, 17 Sep 2012 03:58:00 EDT. Please see our terms for use of feeds.

Permalink The Next Web, Tech in Asia  |  sourceThe Korea Times  | Email this | Comments