Oops! Apple revealed confidential deal with Nokia while seeking damages from Samsung for the same thing

Photo: REUTERS/Dado Ruvic

Photo: REUTERS/Dado Ruvic

FOSS Patents discovered that while Apple was asking a court to sanction Samsung for using confidential information about a patent deal between the Cupertino company and Nokia, Apple inadvertently made the very same information public.

As part of a patent dispute between Apple and Samsung, Apple was required to share the terms of the patent licensing deal with Samsung’s lawyers, Quinn Emanuel. The agreement was that the documents – marked Highly Confidential – Attorneys’ Eyes Only - would only be viewed by the lawyers. Instead, Quinn Emanuel passed them onto Samsung execs, who allegedly used the information as ammunition in the company’s own patent negotiations with Apple …  Read more

Apple’s request to remove court-appointed ebooks antitrust monitor rejected

apple-ipad-event-ibooks

A motion by Apple to halt the operations of a court-appointed antitrust monitor has been rejected, the Wall Street Journal reports. The lawyer, Michael Bromwich, was appointed by the court to ensure the compliance Apple’s iBook platform with antitrust laws. Apple previously petitioned the court to have Bromwich removed from his post, believing that his $1,100/hour legal fees were leading him to take undue investigative steps solely for the purpose of overcharging the Cupertino company.

Bromwich was temporarily taken off of Apple’s case, but subsequently returned to continue his duties. Apple then accused Bromwich of going beyond his legal authority and requested once again that he be removed from the company’s case. Today the court ruled that Apple’s request would have resulted in Bromwich being unable to execute his legal duties, and thus rejected the injunction.

The full ruling is embedded below:

Read more

US DOJ/States wins e-book pricing case against Apple, damages to follow

denise-cote-decoder-judge-apple

Update: Apple provided a comment to AllThingsD and confirmed it will appeal the decision:

“Apple did not conspire to fix ebook pricing and we will continue to fight against these false accusations. When we introduced the iBookstore in 2010, we gave customers more choice, injecting much needed innovation and competition into the market, breaking Amazon’s monopolistic grip on the publishing industry. We’ve done nothing wrong and we will appeal the judge’s decision.”

Reuters reports that a judge just ruled that Apple conspired to raise the retail prices of e-books and said a trial for damages will soon follow:

The decision by U.S. District Judge Denise Cote[pictured, right] in Manhattan is a victory for the U.S. government and various states, which the judge said are entitled to injunctive relief. The publishers have already settled with the federal government on e-book pricing. Cote ruled after a non-jury trial that ended on June 20.

Apple warned that a guilty verdict in its e-book price-fixing case could have a negative impact on how digital media deals are negotiated in the US and Apple CEO Tim Cook even called the suit ‘bizarre’:

The e-book case to me is bizarre. We’ve done nothing wrong there, and so we’re taking a very principled position. … We’re not going to sign something that says we did something we didn’t do. … So we’re going to fight.

The DOJ had argued that Apple had conspired to raise prices with all of the publishers and hurt rival Amazon.

Interestingly, according to the NYTimes, one of the most damning pieces of evidence in the government’s case is the video below of Steve Jobs talking with Walt Mossberg. Per Daring Fireball: Mossberg asks Jobs why someone would buy a book for $14.99 from the iBookstore when they could buy the same book from Amazon for $9.99.

Jobs: Well, that won’t be the case.

Mossberg: Meaning you won’t be $14.99, or they won’t be $9.99?

Jobs (smiling): The prices will be the same.

Read more

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 requests Android source code documents from Google in ongoing Samsung patent suit (update: Apple wins)

Google IO 2011 (Vic Gundotra in front of anti-Apple slide)

Update: Bloomberg reports Apple has now won an order granting its request for Google to provide more information about its process of turning over documents in an ongoing lawsuit with Samsung:

U.S. Magistrate Judge Paul S. Grewal in San Jose, California, ordered Google within two days to disclose what terms it’s using to find documents Apple has requested in pretrial information sharing, and to tell Apple which Google employees those documents came from. Google had argued the collection of information would be too burdensome.

“The court cannot help but note the irony that Google, a pioneer in searching the Internet, is arguing that it would be unduly burdened by producing a list of how it searched its own files,” Grewal wrote in his order.

Bloomberg reports that Apple has requested Google turn over documents related to Android’s source code in an ongoing patent-infringement lawsuit with Samsung in California. According to the report, Apple took issue with Google’s process of turning over requested pretrial documents claiming Google is “improperly withholding information” and that Android “provides much of the accused functionality” in the infringement claims related to several of Samsung’s Galaxy products: Read more

iPhone 4 owners begin receiving their $15 ‘Antennagate’ settlement checks from Apple

Check-iphone-4-settlement.

Payday has come for some of the first responders to the iPhone 4 class action lawsuit.  Last February a settlement was reached that granted iPhone 4 owners who had not previously received a free bumper for their “defective” iPhones a $15 payout.  Several of our readers are now reporting that they received their settlement checks today.  The first checks were issued on April 17 2013 and are void after July 16th.  Unfortunately the deadline for submitting a claim has passed so if you missed out the first time around it seems you are out of luck.

In case you forgot, the settlement found:

Apple was “misrepresenting and concealing material information in the marketing, advertising, sale, and servicing of its iPhone 4–particularly as it relates to the quality of the mobile phone antenna and reception and related software.”

Apple paid out a total of $53 million in the settlement, which was lawyers took a hefty $16M chunk.