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Samsung takes five-year legal battle over infringed Apple patents to U.S. Supreme Court

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Despite the $548M settlement reached earlier this month, Samsung has now asked the U.S. Supreme Court to hear an appeal of its patent battle with Apple, reports the WSJ. The company is arguing that lower courts misapplied the law concerning Apple’s design patents.

Specifically, Samsung is asking the court to review rulings concerning “design patents” that cover the look and feel of a product. At trial, Apple convinced the jury that basic design elements of certain Samsung smartphones—essentially a rectangle with rounded corners and a touch-screen grid made up of smaller icons—borrowed too closely from Apple’s iPhone design.

Samsung argues that lower courts made two mistakes …


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Samsung’s recently unveiled patents show an unhealthy obsession with Apple

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A recently unearthed patent published by the USPTO, and discovered by Patently Mobile shows a unique folding mobile device concept by Samsung. Although the idea of bending and folding electronic products is really interesting, perhaps more noteworthy is the Korean company’s choice of onscreen icons. We have WhatsApp, Phone and Messages which are all platform agnostic apps. But they’re followed by iPod. Certainly an unusual choice for a company which claims it doesn’t copy Apple. And one with which Cupertino has long been in legal battle with…
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IDC: Apple snatches 3% of smartphone users from Samsung

Worldwide Smartphone Market Posts 11.6% Year-Over-Year Growth in Q2 2015, the Second Highest Shipment Total for a Single Quarter, According to IDC - prUS25804315 2015-07-23 11-00-04

IDC has just released its smartphone market share data for Q2 2015, and at least one thing is clear: Samsung is still struggling, and Apple is still doing really well. The Korean company’s smartphone market share dropped from 24.8% to 21.7% year-over-year, a 3.1 percentage point drop. Conveniently, while other manufacturers made gains as well, Apple’s numbers are up about the same number — 2.4 percentage points year-over-year to 14.1%…
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Large tech companies side with Samsung in its appeal against award for infringing Apple’s patents

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In the latest news in the patent case that feels like it will never end, a number of tech giants have taken Samsung’s side in its appeal against the damages it was ordered to pay for infringing Apple’s patents.

It’s almost three years since Apple was awarded $1B in damages after a jury found that Samsung infringed five of its patents. $450M of that award was later vacated and a retrial ordered to determine a revised sum, with Apple awarded a lower sum of $290M – for a revised total of $930M. The US appeals court later ruled that while Samsung did indeed copy iOS features, it should not have been penalised for copying the general look of the iPhone. The court now needs to once again revise the amount awarded.

The amount awarded in part reflected the profits Samsung was deemed to have made by infringing the patents, and it is this aspect that Google, Facebook, Dell, HP, eBay and other tech companies say is unreasonable … 
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Report: Apple takes 92% of smartphone market profits on just 20% of sales

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Android may have the market share, but it’s an entirely different story when it comes to profit share: the latest estimates from Canaccord Genuity indicate that Apple takes 92% of the profits for the entire smartphone industry despite accounting for only 20% of sales.

Or, as the WSJ puts it:

Roughly 1,000 companies make smartphones. Just one reaps nearly all the profits.

Samsung took a further 15% of the profits – and if you were wondering how that rather odd math works, it’s because most of the other players make a loss, so the two companies make more profit between them than the smartphone industry as whole … 
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Samsung appeal against Apple’s $930M award for patent infringement begins today

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Men are silhouetted against a video screen with Apple and Samsung logos as he poses with Samsung S3 and Samsung S4 smartphones in this photo illustration taken in the central Bosnian town of Zenica

The latest court battle between Apple and Samsung begins today, with Samsung appealing against the $930M it was ordered to pay Apple for patent infringement in the first trial between the two companies. Samsung is arguing that the amount awarded was “excessive and unwarranted.”

It’s of course not the first time that the sum awarded has been disputed. Apple was initially awarded $1B in damages, with $450M of that later cut and a retrial required to determine a revised sum. The retrial awarded Apple $290M instead for that element of the case, giving Apple a revised total award of $930M … 
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Apple iPhone 6 Plus vs Samsung Galaxy Note 4 – Full comparison (Video)

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Today we’re going to be comparing Apple’s iPhone 6 Plus to Samsung’s Galaxy Note 4. I realized that there are a limited range of “comparisons” that can happen between these two devices, but we’re going to touch on some of the most important factors between the two such as design, software, features, and cameras.

I’m not going to make this a battle between iOS and Android as many people have their own preferences which lead them to one platform or another. Either way, these two devices are shaping up to be the most coveted large screen smartphones of 2014 and it makes sense to compare them and help you make an informed decision…


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Future patent battles could be fun as Apple patents Samsung Air Command style menus …

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Future patent battles between Apple and Samsung could take an entertaining turn as Apple has been granted a patent on radial menus for touchscreen devices – using an illustration that bears a notable resemblance to the Air Command menu used by Samsung on the Galaxy Note 3.

Lest anyone accuse Apple of copying Samsung, Apple first patented the menu approach back in 2012 – a year before Samsung adopted it. The reason for the second patent granted today is that Apple seemingly had in mind OS X rather than iOS when it first came up with the idea, illustrating it in a desktop environment.

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The second patent specifically references using the menu based on “input from a touchscreen.”

As ever, the fact that Apple has patented something provides no evidence at all that it will ever see the light of day in an Apple product – OS X or iOS. Apple plays around with all kinds of ideas and patents thousands of them, only a tiny minority of which are ever used.

With Apple possessing a patent for a particular menu approach used by Samsung, but patenting touchscreen application of the approach after Samsung launched it in a tablet, the legal arguments could get interesting should the matter ever end up in court …

Via GigaOM

Opinion: Is the case for Apple ending its patent battles with Samsung stronger than ever?

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Men are silhouetted against a video screen with Apple and Samsung logos as he poses with Samsung S3 and Samsung S4 smartphones in this photo illustration taken in the central Bosnian town of Zenica

Steve Jobs famously declared back in 2010 that Android was a stolen product, and he was willing to “go thermonuclear war” in order to “destroy” it.

“I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong,” Jobs said. “I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”

Back in April, I suggested three reasons it might be time for Apple to settle its Android disputes and move on. The relatively small damages award in the most recent case (and which now looks set to be further reduced) provided a fourth reason not long after I wrote that piece. But I think the case today is even more compelling … 
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Samsung’s lawyers calling Apple a “Jihadist” and the trial “Apple’s Vietnam” not helping settlement talks …

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While FOSS Patents’ Florian Mueller may be confident of Apple and Samsung reaching an early settlement on their patent disputes, a court-mandated update on the talks seems to tell a different story, with each side explaining why talks were not going well, reports The Verge.

For Apple, that includes statements made by Samsung’s lead attorney John Quinn, who referred to Apple as a “jihadist” and called the protracted trial “Apple’s Vietnam” in a pair of interviews …


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Apple in talks with Samsung to settle all future patent disputes out of court

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A man is silhouetted against a video screen with Apple and Samsung logos as he poses with a Samsung Galaxy S4 in this photo illustration taken in the central Bosnian town of Zenica

Korea Times (via Fortune) is reporting that Apple and Samsung are in talks designed to settle all future patent disputes out of court. FOSS Patents’ Florian Mueller believes that a settlement will be reached “very soon.”

“Things should come to an end during the summer. Apple doesn’t have an endgame strategy. Its agreement with Google shows that its management is looking for a face-saving exit strategy from Steve Jobs’ thermonuclear ambitions,” Mueller said …


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Samsung says Apple will be “dancing in the streets of Cupertino” if awarded even $100M

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Men pose with Samsung Galaxy S3 and iPhone 4 smartphones in photo illustration in Zenica

During closing arguments in the second Apple vs Samsung patent trial, Samsung’s lawyers repeated its claims that it doesn’t “owe Apple a nickel,” and suggested that “they’ll be dancing in the streets of Cupertino if you give them $100 million” of the $2.2B Apple is claiming.

Samsung is attempting a multi-pronged defence essentially amounting to ‘our phones didn’t infringe the patents, and even if they did, that’s down to Google, and even if we are responsible, the patents are not worth nearly as much as Apple says they are’ … 
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Samsung bought two patents specifically for use in Apple trial, say attorneys

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In the ongoing patent trial where Apple is claiming Samsung infringed five of its patents, and Samsung is claiming Apple did the same to two of its patents, it has been suggested that Samsung bought the two patents concerned specifically to sue Apple. The allegation was made by Apple’s attorneys, reports The Verge.

The original inventors on the video patent, for instance, originated in Oklahoma, and the gallery patent originally belonged to Hitachi. In the case of the video patent, Samsung disclosed that it paid $2.39 million to acquire it in 2010, the same year FaceTime debuted alongside the iPhone 4. Apple hopes that will stand in stark contrast with its five patents, two of which were filed the day the company introduced the iPhone, and all developed within the company …


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Death of Steve Jobs prompted Samsung’s U-turn on Apple attack ads

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We learned yesterday from patent trial evidence that Samsung was worried about running ads that directly attacked Apple, wanting Google to do it for them. We now know that it was the death of Steve Jobs which prompted Samsung’s change of mind, running the Next Big Thing ads which directly mocked Apple customers.

An email trail shows that Samsung America’s VP of U.S. sales Mike Pennington cynically described the death of Jobs as “the best opportunity” to run the campaign, as consumers might be worried about Apple’s future product innovations following the death of its famous co-founder.

Sorry to continue to push this issue, but I have seen this far too long and I know this is our best opportunity to attack iPhone …


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Opinion: Should Apple settle its Android disputes and move on?

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With Apple in the midst of its second major court battle with Samsung over alleged patent violations, and all but one of the five claims relating to Android rather than to anything Samsung-specific, it’s gotten me wondering whether further cases of this kind are truly beneficial to Apple.

I understand it emotionally, of course. It’s galling to work hard on a hugely popular hardware design or user-interface only to see someone else copy parts of it, and the desire to hit back at that is a natural one. But I’m not sure that it makes too much sense rationally … 
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Samsung wanted Google to do its dirty work in attacking Apple

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Image: amongtech.com

Image: amongtech.com

Another interesting revelation from the ongoing Apple vs Samsung patent trial: concerned about launching attack ads on a company that was a customer as well as a competitor, Samsung sought to persuade Google to “launch a campaign against Apple.”

The then CEO of Samsung Telecommunications America, Dale Sohn, emailed his chief marketing officer to ask:

As you have shared previously, we are unable to battle [Apple] directly in our marketing. If it continues to be Samsung’s position to avoid attacking Apple given its status as as a large customer, can we go to Google to ask them to launch a campaign against Apple based on the many better Android products available in the market for Q4?


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Apple’s expert witnesses explain why Samsung owes Apple $2B for patent infringements

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Image: CNET

Image: CNET

With Samsung having argued in its opening statement that the $2B sum being claimed by Apple for five alleged patent violations was “a gross, gross exaggeration,” Apple called two expert witnesses to explain why it believes the sum is reasonable.

Re/code reports that first MIT professor John Hauser carried out a form of trade-off analysis to determine the value of individual features to customers.

Apple used a similar analysis from Hauser in the first Apple-Samsung trial in which he found customers might pay as much as $100 more for a Samsung phone that included patented features …


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‘Beating Apple is #1 priority, everything must be in context of beating Apple’ – internal Samsung docs

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Documents revealed by the second Apple vs Samsung patent trial are not just giving us a peek behind the corporate curtains at 1 Infinite Loop, but also a glimpse into Samsung’s Seoul boardroom. A slide from a Samsung business forecast from 2011 shows the company viewing “beating Apple” as its number one priority for 2012 … 
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Apple so rattled by ‘Next Big Thing’ ads, it almost changed ad agency, claims Samsung

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[youtube=https://www.youtube.com/watch?v=tNxDd3l0lEU]

Apple senior VP of marketing Phil Schiller was so concerned about Samsung’s Next Big Thing ad campaign, in which the company poked fun at Apple customers, that he emailed Tim Cook to suggest a change of ad agency to fight back – according to a claim by Samsung lawyer Jon Quinn.

The Verge reports that Quinn made the claim in his opening arguments in the patent trial in which Apple is accusing Samsung of violating five of its iOS-related patents.

Quinn says Schiller became “obsessed” with the campaign, writing CEO Tim Cook to suggest the company look into using another ad agency instead of its mainstay TBWA\CHIAT\DAY. That even led to Apple board discussions over the issue, Quinn added …


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What are the five iOS features Apple is claiming that Samsung (or Google) stole?

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With the second patent battle between Apple and Samsung now underway, we thought it would be useful to look at each of the five features Apple claims Samsung (or Google) stole from iOS.

The patents are, of course, worded in the usual dense legaleze. If you want to read them for yourself, you can find them on the US Patent and Trademark Office website in the links below. But here’s my reading of what each one is about, in plain English … 
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Apple vs Samsung patent jury selected, Phil Schiller confirmed as first witness

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Image: Mobile Magazine

The jury for the second Apple vs Samsung patent case has now been selected after a number of potential jurors were dismissed for possible bias. Apple is seeking damages of up to $40 per device sold for those Samsung phones and tablets it says violate up to five Apple patents, while Samsung is counter-claiming that Apple devices violate two of its own patents.

Unlike the previous trial, in which the similarity of Samsung’s hardware to iPhones and iPads was a key issue, the patents in dispute here are all software ones, and include standard Android features, leading some to suggest that Google is the real target in this case.

Trying to find unbiased jurors in Silicon Valley was never going to be an easy exercise, and several of those with connections to the tech sector were accepted. The court also found it impractical to eliminate jurors because they owned products from one or both companies, and it’s been reported that most own at least one Apple device, with some also owning Samsung TVs.

The final jury comprises six women and four men. Occupations include a former IBM manager, county government employee, accountant, store clerk, plumber, secretary, police department community service officer and a retired teacher.

The trial opens today with a video providing an overview of patent law, before opening arguments from each side. Apple has scheduled senior VP of marketing Phil Schiller as its first witness. The trial is expected to last around a month.

In the previous patent case between the two companies, Apple was initially awarded $1B in damages before $450M was cut, with a retrial ordered to look again at the damages awarded for some of the patents. The retrial awarded Apple $290M instead for that portion of the case, giving Apple a revised total award of $930M. Apple did, however, fail in an attempt to obtain an injunction against the products found to infringe its patents.

Is Android the real target of latest Apple vs Samsung patent battle that starts today?

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Photo: Reuters

Photo: Reuters

Pieces in The New York Times and The Wall Street Journal suggest that the real target of Apple’s second courtroom patent battle with Samsung may be Android.

Some features in Samsung devices that Apple objects to are part of Google’s Android operating system, by far the most popular mobile operating system worldwide, running on more than a billion devices made by many manufacturers. That means that if Apple wins, Google could have to make changes to critical Android features, and Samsung and other Android phone makers might have to modify the software on their phones …

Jury selection begins today for the second patent case between the two companies after mediation attempts failed. Apple is seeking around $2B in damages for five patents it alleges Samsung has violated, while Samsung is counter-claiming that Apple is in violation of two of its own patents.


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Samsung again disses iPad in Galaxy Pro ad, takes shots at Surface and Kindle too [Video]

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[youtube=https://www.youtube.com/watch?v=6nFe_SWcq4Q]

Just as it did last month, Samsung again takes shots at the iPad in a new ad for its Galaxy Pro series tablets. The ad opens with a video call in which the boss calls for a revised presentation deck to be emailed, and the Samsung user is able to send it during the call … 
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Despite courtroom battles, Apple picks Samsung to make iPad mini displays, claims report

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While there seems no end in sight to the courtroom patent battles between Apple and Samsung, that doesn’t seem to be interfering with the business relationship between the two. Korean site ETnews (via G4Games) reports that Apple is bringing Samsung into its manufacturing mix for display panels for the iPad mini.

Apple currently uses a mix of three manufacturers for its iPad mini displays: AUO for the non-Retina model, and LG and Sharp for the Retina displays. The report claims that Apple is dropping AUO altogether, and cutting back its orders with Sharp, giving the resulting business to Samsung.

While media sources in manufacturers’ home markets are not always reliable where supply chain rumors are concerned, this one has enough specifics to seem credible at least – and the quality of the Retina iPad mini screen has been criticized in both reviews and benchtests.