Patent trial March 30

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The endless patent battles between Apple and Samsung took an interesting turn this week when Apple claimed that the most recent court ruling violated the Seventh Amendment of the U.S. Constitution: the right to trial by jury.

Back in 2014, Apple was awarded $119.6M when Samsung was found to have violated three of the five patents in dispute. That award was overturned last month when an appeals court ruled that Samsung didn’t infringe one of the three patents, and declared the other two invalid.

The problem, explains Reuters, is that the appellate court didn’t just refer to the trial court record in reaching its conclusions, it also considered new evidence …

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Patent trial December 15, 2015

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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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Patent trial December 4, 2015

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Almost five years after Samsung was found guilty of infringing Apple patents, and some four trials later, the two companies have agreed to settle out of court for $548M. Samsung says that if Apple submits an invoice for this amount by the weekend, it will be paid within ten days, reports FOSS Patents.

As you may recall, Apple was initially awarded $1B in damages, then $450M of it was overturned and replaced with $290M, for a new total of $930M. The U.S. appeals court later decided that was still too high, and a new trial was set to take place next year unless the parties could reach a settlement in the meantime. That settlement has now been reached, but there’s a catch …  expand full story

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Patent trial September 18, 2015

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Apple has scored a belated additional victory against Samsung in its endless patent trial battle with the smartphone rival. Apple had originally asked the court for two remedies: financial compensation, and an injunction forbidding Samsung from continuing to sell devices which infringed its patents. The court said yes to the first, no to the second.

As the WSJ reports, a federal appeals court judge has ruled that the court should have also granted the injunction.

“Samsung’s infringement harmed Apple by causing lost market share and lost downstream sales and by forcing Apple to compete against its own patented invention,” the U.S. Court of Appeals for the Federal Circuit said[…]

The appeals court [ruled that] a California trial court that previously denied Apple’s request “abused its discretion when it did not enjoin Samsung’s infringement” … 

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Patent trial September 2, 2015

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A rough date has been set for round five of the battle over Samsung’s infringements of Apple patents in five of its products. The Recorder reports that U.S. District Judge Lucy Koh has said that the revised damages will be determined by a jury trial in March or April 2016.

In case you need a refresher, the story so far is this. In round 1, the first jury trial, Apple was awarded $1B in damages. In round 2, Judge Koh vacated $450M of that award and ordered a retrial to determine a revised sum. Round 3 was that jury trial, with Apple awarded a lower sum of $290M – making a revised total of $930M. In round 4, the US appeals court ruled that while Samsung did indeed copy iOS features, it should not have been penalised for copying the general look of the iPhone, and therefore the damages should be reduced. The new trial, to revise those damages, will be round 5.

Unless, that is, the Supreme Court intervenes …  expand full story

Patent trial July 21, 2015

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 …  expand full story

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