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

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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Apple seeks to add Galaxy S4 to ongoing Samsung patent suit in California

Galaxy-S4-Samsung

In its ongoing second major patent trial against Samsung, Apple yesterday filed a statement with the US District Court in California claiming that after examining the recently released Galaxy S4 it has “concluded that it is an infringing device and accordingly intends to move for leave to add the Galaxy S4″ to its long list of 22 infringing products. Apple is hoping Judge Lucy Koh allows the S4 to be added, but in line with the court’s request to reduce the number of infringing devices ahead of a trial scheduled for spring 2014, Apple has also agreed to remove without prejudice one of the other 22 infringing devices from Samsung it currently has listed.

Apple’s current list of infringing Samsung products include Admire, Captivate Glide, Conquer 4G, Dart, Exhibit II 4G, Galaxy Nexus, Galaxy Note, Galaxy Note 10.1, Galaxy Note II, Galaxy Player 4.0, Galaxy Player 5.0, Galaxy Rugby Pro, Galaxy SII, Galaxy SII Epic 4G Touch, Galaxy SII Skyrocket, Galaxy S III, Galaxy Tab 7.0 Plus, Galaxy Tab 8.9, Galaxy Tab 2 10, Illusion, and Stratosphere.

The filing also highlights a disagreement in which Samsung believes each carrier variant of a specific device should be counted separately. For example, “the Galaxy Nexus activated on Sprint must be counted separately from the Galaxy Nexus activated on Verizon; and the Galaxy Nexus operating on Sprint running Android version 4.0 must be counted separately from the Galaxy Nexus operating on Sprint, but running Android version 4.1.” Apple, however, claims that Samsung has not itself applied this logic: Read more

Apple didn’t buy Color, it bought 20 engineers for a few million

It turns out yesterday’s report about Apple buying Color for “high double digit millions” was mostly off base. At least that is according to AllThingsD:

What’s really happening is that Color’s engineering team — about 20 people, comprising almost the entire company — is being “acqhired” by Apple at what’s being called a “nominal” price of something like $2 to $5 million, according to multiple sources familiar with both sides of the situation. To repeat, there are no “double-digit” millions involved, according to many people familiar with the deal.

Apple is not buying Color’s technology, intellectual property, domain names or liabilities. Those are being left with the company, which still has considerable cash in the bank — something like $25 million — and is going to be wound down.

The engineers could help with Apple’s photo and video-sharing capabilities across devices, or maybe Apple is just getting a HR jump on the competition in the red hot Silicon Valley talent marketplace.

Color is said to be winding down, with the $25 million it has left in the bank going to investors. Read more

Apple posts $2.6M bond to begin preliminary injunction on Galaxy Tab 10.1

There were reports earlier this week that District Judge Lucy Koh issued a preliminary injunction on the Galaxy Tab 10.1 in the United States related to the ongoing cases between Apple and Samsung. At the time, reports claimed the ruling would kick in once Apple posted a $2.6 million bond. Today, FossPatents reported that Apple has since done so, allowing the preliminary injunction to formally take effect:

Apple didn’t hesitate to post its $2.6 million bond to protect Samsung against the possibility of a successful appeal, in which case the preliminary injunction would be found to have been improperly granted… the injunction has taken effect and Samsung must abide by it. Otherwise Apple could ask the court to sanction Samsung for contempt.

With Apple pulling $39.2 billion in revenue last quarter, we know it takes only a matter of minutes to make that $2.6 million, which is meant to protect Samsung from damages in case the injunction is found to be wrongly issued. On Tuesday, Judge Koh made a statement following her ruling that Samsung “does not have a right to compete unfairly, by flooding the market with infringing products.” FossPatents continued by giving its outlook for the trial set to take place this summer:
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Upcoming Smithsonian exhibit features the patents and trademarks of Steve Jobs

As part of its events for World Intellectual Property Day 2012, the Smithsonian Institution will exhibit over 300 patents and trademarks credited to Steve Jobs and Apple at the Ripley Center Museum starting May 11. Among the items to be on display: a 1985 Apple Macintosh computer, mouse, and keyboard; a NeXT computer; a 2010 Apple iPod; and 312 documents. The Smithsonian and the U.S. Patent and Trademark Office will display the exhibit until July 18.

The World Intellectual Property Organization released a brochure on its website announcing the Jobs exhibit:

Jobs held 317 utility and design patents in the United States. On display are the patent certificates that list him among the inventors involved in the conceptualization of many iconic Apple products, including computer cases, iOS-based devices, packaging, keyboards, mice and power adaptors, and even the glass staircases found in many Apple stores. In addition to his U.S. patents, Jobs is named on some 28 international applications filed under WIPO’s Patent Cooperation Treaty (PCT) system.

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Apple goes to court in Netherlands to ban Samsung’s Galaxy devices from all of the EU


Apple is intent on stopping Samsung from marketing and selling “copycat” Galaxy devices in all of the European Union.

Apple has already tried to ban the Galaxy Tab 10.1 in most of Europe (injunction lifted), but today they are going even farther with their legal proceedings, asking a Dutch court to ban all Galaxy series devices. The ban includes the widely popular Galaxy S II, which has seen some success in Europe.

Apple’s complaint, seen by Webwereld, a Dutch IDG publication, seeks an injunction for the entire Galaxy series. This includes smartphones — the Galaxy Ace, Galaxy S and Galaxy SII — and tablets: the Galaxy Tab 7 and Galaxy Tab 10.1. Other Galaxy devices, like the Gio, Nexus, 551, Europa, Apollo and Mini are also involved, albeit only in a footnote in which Apple states, “It is expected that these devices are also covered by one or more of the patent rights invoked.”

On top of trying to ban sales, Apple is trying to push the thought of Samsung sending a letter to all of their partnered retailers within 14 days to end sales. Stated strongly:

For the record we would like to mention the fact that by storing, offering and/or selling of the above mentioned Galaxy smartphones [and tablets], you commit infringement of the intellectual property rights of Apple Inc.

The trial will take place in The Hague, Netherlands September 15th, and the judge said  if he grants any injunctions, they would take effect no sooner than October 13, reported Webwereled (via Computerworld)