Tag Archives: JudgeLucyKoh

Apple, Samsung respond to the jury’s decision; September 20th court date set for injunction hearing

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Apple, Samsung respond to the jury's decision September 20th court date set for injunction hearing

Well. The verdict for the tech industry patent trial of the week is in, and the jury agreed with Apple's version of the events enough to award it a billion dollars and change in damages while awarding Samsung... nothing. Naturally, the two companies differ in their viewpoints on this ruling, with Apple celebrating a decision that supports its originality and innovation, and is "sending a loud and clear message that stealing isn't right." Samsung, on the other hand, claims it's all about standing up for the consumer, who it believes will be the true victim here, forced to pay more for fewer choices and less innovation now that one company has "a monopoly over rectangles with rounded corners."

Before we get to the inevitable appeals, Apple is seeking a preliminary injunction against Samsung's infringing products and Judge Lucy Koh has set September 20th as a date for the hearing. Apple has until the 29th to file its motion, which Samsung will have 14 days to respond to, before Apple has two days to craft a response of its own. While we all take a breather before the lawyers get back at it, you'll find the statements from both companies after the break.

Update: As expected, Samsung has indicated it will appeal the ruling. Wall Street Journal's Evan Ramstad tweets that it plans to file post-verdict motions to overturn the decision and if those are unsuccessful, it will take its case to the Appeals Court.

Continue reading Apple, Samsung respond to the jury's decision; September 20th court date set for injunction hearing

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Apple, Samsung respond to the jury's decision; September 20th court date set for injunction hearing originally appeared on Engadget on Fri, 24 Aug 2012 21:35:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceCNET, The Verge, Evan Ramstad (Twitter), Reuters  | Email this | Comments

Apple v. Samsung jury finds Apple’s patents valid, awards it nearly $1.05 billion in damages

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The federal court jury in the patent infringement lawsuit between Apple and Samsung has presented its verdict after deliberating for just 21 hours and 37 minutes following the three week trial. This particular case started with Apple's lawsuit last April and now the jury's decision is that Samsung did infringe on Apple's '381 bounceback patent with all 21 of its products in question. For the '915 patent on pinch-and-zoom, the jury ruled all but three of the devices listed infringed, and more damningly, found that Samsung executives either knew or should have known their products infringed on the listed patents. The jury has also found against Samsung when it comes to Apple's contours on the back of the iPhone and its home screen GUI. The Galaxy Tab, was found not to have infringed upon Apple's iPad design patents. The bad news for Samsung continued however, as the jury decided that not only did it willfully infringe on five of the seven Apple patents, but also upheld their validity when it came to utility, design and trade dress.

The amount of the damages against Samsung is in: $1,051,855,000.00 (see below). That's less than half of the $2.5 billion it was seeking, but still more than enough to put an exclamation point on this victory for the team from Cupertino. The final number is $1,049,343,540, after the judge found an issue with how the jury applied damages for the Galaxy Tab 10.1 4G LTE and Intercept. The jury also ruled that Apple did not infringe upon Samsung's patents with the iPhone 3G and 3GS, and has awarded it zero dollars in damage. We'll have more information for you as it become available.

Update: Both companies have released statements on the matter, with Apple stating via the New York Times the ruling sends a loud and clear message that "stealing isn't right." Samsung has its own viewpoint calling this "a loss for the American consumer" that will lead to fewer choices, less innovation and high prices. You can see both in their entirety after the break.

Continue reading Apple v. Samsung jury finds Apple's patents valid, awards it nearly $1.05 billion in damages

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Apple v. Samsung jury finds Apple's patents valid, awards it nearly $1.05 billion in damages originally appeared on Engadget on Fri, 24 Aug 2012 18:44:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceSan Jose Mercury News, Wall Street Journal  | Email this | Comments

Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores

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Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores

Samsung may have been quick to appeal Judge Lucy Koh's decision to halt Galaxy Tab 10.1 sales, but the woman with the gavel isn't bending. According to Reuters, Judge Koh has rejected the firm's request to allow sales to continue pending a decision, keeping store shelves empty for the time being. The story isn't over, of course -- if Samsung wins the appeal (or the greater dispute) tablets will return to stores in droves. Either way, we all look forward to a time when this whole mess is behind us.

Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores originally appeared on Engadget on Mon, 02 Jul 2012 21:57:00 EDT. Please see our terms for use of feeds.

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Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated)

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Judge Koh stops US sales of Galaxy Tab 101, puts a smack down on Samsung updated Judge Koh enjoins sales of Galaxy Tab 101, puts a smack down on Samsung

Thought Samsung was out of the woods when it defeated Apple's attempt to prevent it from selling the Galaxy Tab 10.1 stateside? Well, Apple appealed that decision and was given a second crack at banning Sammy's slate last month -- and it looks like Cupertino made the most of the opportunity, as Reuters reports that Judge Koh has granted Cupertino's request to enjoin the sales of the Galaxy Tab 10.1. Details are scarce at the moment, but we do know it's only a preliminary injunction, meaning if Samsung's ultimately victorious in the case, the injunction will lift and it'll be free to peddle its wares once again. Still, it's certainly bad news for the Korean company, but given its expansive stable of other slates still on sale combined with its recent economic performance, we're sure Samsung can weather the storm while the courtroom fireworks continue.

Update 1: All Things D got a copy of Koh's order, and we just gave it a quick read. Turns out that she granted the injunction due to the strength of the merits of Apple's case and the unlikelihood that Samsung would invalidate Apple's design patent -- the court already held that the 10.1 is "virtually indistinguishable" from the iPad's design and likely infringes Apple's IP. Furthermore, Judge Koh held that, because Apple and Samsung are direct competitors in the tablet space and "design mattered more to customers in making tablet purchases," Apple would be irreparably harmed by further 10.1 sales. Those two factors outweighed any hardship suffered by Samsung, and thus, the Galaxy Tab 10.1 was stricken from US shelves.

Update 2: Well, that didn't take long -- a mere five hours after Judge Koh's order, Samsung filed an appeal, according to Foss Patents.

Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated) originally appeared on Engadget on Tue, 26 Jun 2012 21:44:00 EDT. Please see our terms for use of feeds.

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Apple denied stateside Galaxy S III injunction

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Apple denied Stateside Galaxy S III injunction

Judge Lucy Koh has denied Apple's request for a domestic sales ban of Samsung's latest flagship. Her Honor put her foot down, saying that adding any more litigation to the already overcrowded docket would cause the courtroom action to be postponed again. Cupertino subsequently relented, eager to get the trial proper started, which is currently slated to begin on July 30th.

Apple denied stateside Galaxy S III injunction originally appeared on Engadget on Wed, 13 Jun 2012 04:52:00 EDT. Please see our terms for use of feeds.

Permalink Reuters  |  sourceOrder (PDF)  | Email this | Comments

Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1

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Apple's filed for a preliminary injunction (again)

If you found yourself longing for the minor tweaks Samsung made to the Galaxy Tab 10.1 in Germany earlier this year, you may be in luck: Apple's filed for a preliminary injunction against the slate stateside. It isn't the first one, either, Cupertino filed something similar back in February, though it didn't quite pass legal muster. After gaining some headway earlier this week, Cook's crew is in for round two, according to FOSS Patents, asking for Judge Koh to rule in their favor without a new hearing. Concerned consumers, however, can sidestep the whole mess by simply opting for an injunction-exempt Galaxy Tab 2. Details and speculation can be found at the source link below, just in case you aren't already sick to death of the whole Samsung / Apple spat.

Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1 originally appeared on Engadget on Sat, 19 May 2012 02:29:00 EDT. Please see our terms for use of feeds.

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Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung

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Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung

We'll forgive you if you've forgotten, given the myriad Apple/Samsung legal shenanigans, but back in February, Apple attempted to obtain a preliminary injunction against Samsung to prevent the Galaxy Tab 10.1 and a few phones from being sold in the US. Samsung emerged victorious, as the district court denied Cupertino's request because it questioned the validity of a couple of Apple's patents and didn't see how Apple would be irreparably harmed if it failed to get Sammy's products banned. Naturally, Tim Cook's crew appealed that decision, and the Court of Appeals for the Federal Circuit (CAFC) has decided to give Apple another crack at obtaining an injunction. The CAFC upheld the lower court's ruling as to three of the four patents, but found fault with the District Court's holding that Apple's tablet design patent had substantial questions of validity.

Essentially, the lower court held that Apple's patent was likely no good because it was an obvious design in light of two tablets that were created long before Apple patented the iPad's look. However, the CAFC found that one of the previous slate's asymmetrical bezel and lack of an unbroken, all-glass surface (among other differences) were sufficient to render Apple's patent non-obvious. Basically, the appellate court found that the District court "construed the claimed design too broadly," and remanded the issue so that the district court could complete its preliminary injunction analysis. So, Apple's cleared a big hurdle towards getting the Galaxy Tab 10.1 off the US market, but the company's still got to persuade Judge Koh that it'll be irreparably harmed without the injunction. This decision assures even longer legal proceedings, but given how well both of these tech titans are doing these days, we're pretty sure they can afford the attorneys' fees.

Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung originally appeared on Engadget on Mon, 14 May 2012 13:58:00 EDT. Please see our terms for use of feeds.

Permalink Wall Street Journal  |  sourceCAFC ruling (PDF)  | Email this | Comments

Apple and Samsung finally agree… to drop a plethora of claims from their patent spat

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Apple and Samsung finally agree... to drop a plethora of claims from their patent spat

Last week, Judge Lucy Koh informed Apple and Samsung that they would have to reduce the number of patent claims at issue in the parties' Northern District of California litigation. And now, each has complied, with Samsung dropping its total number of asserted patent claims from 75 to 15, while dismissing two patents from the case altogether. For its part, Apple has reduced its case to one claim from each of its asserted utility patents, its four iPhone and one iPad design patents, and its trade dress claims for those two devices. Keep in mind, however, that they did so without prejudice, which means that either party can reassert these dismissed claims in a later lawsuit. That said, the parties have at least attempted to placate Judge Koh in order to keep their July 30th trial date, which is when the real legal fireworks begin. Feel free to check the filings below for the full scope of this most recent patent pruning.

Apple and Samsung finally agree... to drop a plethora of claims from their patent spat originally appeared on Engadget on Tue, 08 May 2012 13:47:00 EDT. Please see our terms for use of feeds.

Permalink All Things D  |  sourceApple filing (PDF), Samsung filing (PDF)  | Email this | Comments

Apple v. Samsung judge yells ‘get to the point, you two’

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ImageJudge Lucy Koh, presiding over the courtroom battle 'twixt Apple and Samsung has ordered that both companies slim down the bundle of litigation so its easy for juries to understand. The docket currently contains 16 patent violations, six trademark issues, five "trade dress" claims and an antitrust matter -- which her Honor Judge Koh described as a "cruel and unusual punishment" for a jury. If both companies can't get over a table and produce a Cliffs Notes edition of their global patent battle, then she'll postpone the trial date until 2013.

Apple v. Samsung judge yells 'get to the point, you two' originally appeared on Engadget on Thu, 03 May 2012 10:57:00 EDT. Please see our terms for use of feeds.

Permalink Phone Scoop, Techmeme  |  sourceComputerworld  | Email this | Comments

Antitrust suit carries on against Intel, Apple, Google and others

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Antitrust suit carries on against intel, apple, google and others

They can hope and pray all that they want, but Google, Intel, Apple, Adobe, Intuit, Pixar and Lucasfilm will soon be facing some serious accusations in a courtroom under the Sherman Antitrust Act and California's Cartwright Act. After years of trying to dodge legal action over an "informal agreement" to not pinch each others employees, and an effort to have the case dismissed, the seven defendants will have to stand trial as ordered by District Judge Lucy Koh in San Jose, California. In her decision Koh said, not only was there evidence that these agreements were made at the highest levels of the company but, that six such deals were struck in secret in such a short time frame "suggests that these agreements resulted from collusion." There's still time for yet another deal to be struck, however, this time between the defendants and the DOJ. Otherwise it looks like all seven will have to stand trial in June of 2013.

Antitrust suit carries on against Intel, Apple, Google and others originally appeared on Engadget on Fri, 20 Apr 2012 10:48:00 EDT. Please see our terms for use of feeds.

Permalink Slashgear  |  sourceReuters  | Email this | Comments