Samsung’s series of attack ads on Apple continue with a video of supposed voxpops in which New Yorkers are shown both the iPad Air and Galaxy Tab S and asked to compare them. Would you believe it, everyone prefers the Samsung, even the guy with limited room in his purse … Read more
After a judge in March invalidated almost half of the $1B verdict Apple won in its patent infringement case against Samsung in August of 2012, another trial would have to take place to determine how much Samsung would actually owe. It still owes Apple the other approximately $600 million in damages pending an appeal, but today the two companies are in court for a retrial to determine how much of the other roughly $400 million in damages Samsung will be responsible for. CNET reports that Apple’s attorney today told the court it wants $380 million in damages from Samsung, slightly less than the original $410 million in vacated damages:
“We will hear a lot from Samsung, saying no one would have purchased Apple products,” McElhinny said. “But in its heart, Samsung knew it was a two-horse race.”
He pointed to an internal Samsung document as “conclusive evidence Apple lost sales because of Samsung.”
“In a fair fight, that money should have gone to Apple,” McElhinny said.
The $380 million number comes from Apple’s calculations of around $114 million in lost profits, $231 in Samsung’s profits, and $35 million in royalties. Apple says Samsung made around $3.5 billion revenue selling 10.7 million infringing devices. Read more
Last week, Apple lost an appeal in the U.K. that forced Apple to apologize to Samsung publicly and state that its Galaxy Tab does not infringe on Apple’s patents.
Britain Court of Appeal upheld a previous ruling that Samsung’s Galaxy Tab does not infringe on the iPad’s patents because it is not “as cool.” Reuters reported that after losing the appeal this morning, Apple has been instructed by the court to apologize to Samsung by running ads on its website and in newspapers saying Samsung did not infringe on patents in at least Arial 14 font.
Hidden at the bottom of Apple’s U.K. website this morning is the required link to the apology, but the apology is more like one your big sister would give you after being reprimanded by your parents. After mentioning Samsung did not infringe, Apple nicely sliced out some complimentary quotes from the ruling:
“The extreme simplicity of the Apple design is striking. Overall it has undecorated flat surfaces with a plate of glass on the front all the way out to a very thin rim and a blank back. There is a crisp edge around the rim and a combination of curves, both at the corners and the sides. The design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design.”
Apple goes on to say German and U.S. courts ruled otherwise.
However, in a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design. A U.S. jury also found Samsung guilty of infringing on Apple’s design and utility patents, awarding over one billion U.S. dollars in damages to Apple Inc. So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple’s far more popular iPad.
So there! Read more
Apple and Samsung’s legal fight continued on the world stage this morning, where the Britain Court of Appeal upheld a previous ruling that Samsung’s Galaxy Tab does not infringe on the iPad’s patents because it is not “as cool.” Reuters reported that after losing the appeal this morning, Apple has been instructed by the court to apologize to Samsung by running ads on its website and in newspapers saying Samsung did not infringe on patents in at least Arial 14 font.
As we all know, other courts around the world have ruled otherwise. On the ruling, Samsung gave the boilerplate: “We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners.” A California court ruled this summer that Samsung owes $1 billion to Apple. Additionally, some of Samsung’s devices could be in jeopardy from being on the market.
Today’s ruling in Europe prohibits any other legal course regarding tablets and the iPad specifically. While the Court of Appeal denied Apple’s appeal today, the company can still appeal with the Supreme Court. The global legal battle is far form over, as it continues in roughly a dozen countries, with more trials scheduled for 2014. Read more
After Apple finished its closing arguments in the Apple vs. Samsung trial earlier this afternoon, it was Samsung’s turn to close its case. First off, Samsung’s Charles Verhoeven explained that Apple is trying to go for a bigger target than the $2 billion in damages it think it deserves. Samsung rather believes Apple is trying to win this case to leverage itself in the smartphone and tablet market by blocking Samsung. If Samsung is found to have “slavishly copied” Apple as proposed, Samsung would not on pay huge damages to Apple, but it could also be barred from the market. Verhoeven stated that Apple could not prove Samsung copied in its closing statement nor that customers became confused over Apple and Samsung products.
Furthermore, Verhoeven discredited key Apple witnesses, including Susan Kare and Apple expert Russell Winer, asserting both witnesses admitted they could not provide any evidence. During all of this, The Verge reported that the jury was completely enthralled. Samsung continued pinpointing differences in all of its devices, even showing the startup screen of its Galaxy Tab, explaining, “You see Samsung Galaxy Tab for a long time. Then it has Verizon.” Obviously, he was tried to show that customers can make a distinction between devices.
Addressing the emails and documents that show Samsung execs discussing the iPhone, Verhoeven said, “That doesn’t show copying. It’s a company trying to figure out what’s going on.” He further stated that Apple is trying to mislead the jury. Verhoeven then made a comment to portray the good of Samsung: Read more
Reports from last week noted that Samsung’s attempt to lift Apple’s preliminary injunction placed on the Galaxy Tab 10.1 in the United States was rejected by District Judge Lucy Koh. Today, in Apple’s ongoing patent cases with Samsung in the United Kingdom, Bloomberg reported Judge Colin Birss ruled against Apple, claiming Sammy’s Galaxy Tabs “are not as cool.” It is hard to imagine Apple losing in any more of a complimentary way, as Judge Birss claimed his decision was based partly on the fact Galaxy tablets “do not have the same understated and extreme simplicity” as iPad.
The Galaxy tablet doesn’t infringe Apple’s registered design, Judge Colin Birss said in a ruling today in London. He said that consumers weren’t likely to get the two tablet computers mixed up.
The Galaxy tablets “do not have the same understated and extreme simplicity which is possessed by the Apple design,” Birss said. “They are not as cool.”
The company provided a full email statement regarding today’s decision (via Pocket-lint). Samsung explained the court referred to roughly 50 pieces of prior art when dismissing Apple’s case:
There are two interesting pieces of information this morning on the new iPad.
If used solely as an LTE MiFi, AnandTech got a mind-numbing 25.3 hours of Verizon LTE hotspotting out of the new iPad. That is equal to about five to seven MiFis.
Now for the killer. If you have an iPad on Verizon’s LTE network and use it as a personal hotspot (not currently possible on the AT&T version), it will last you roughly 25.3 hours on a single charge. Obviously that’s with the display turned off, but with a 42.5Wh battery driving Qualcomm’s MDM9600 you get tons of life out of the new iPad as a personal hotspot.
By my calculations, that means you could download 182GB of data at 2MB/sec on LTE through a single charge or over 18 times Verizon’s highest data plan in a single day.
In addition, PCWorld tested the heat on the new iPad and compared it to the ASUS Eee Transformer Prime and Samsung Galaxy Tab under the same conditions. Without the charger plugged in, the new iPad was actually cooler than the Samsung Galaxy Tab—even with a bigger battery after playing a game for an hour.
The point is that the new iPad runs only slightly hotter than high-end Android tablets and only when charging. The cool champion is still the iPad 2 when playing graphic intensive games.
Perhaps in what might be read as a wake-up call for Apple, the Cupertino, Calif., gadget powerhouse was just served a dose of reality before a Dusseldorf court in Germany. A quick recap: Apple secured a sales ban on Samsung’s Galaxy Tab 10.1 in September on the grounds of too many similarities and patent infringement.
Samsung then re-engineered its device and re-introduced it under the Galaxy Tab 10.1N moniker, but Apple pushed for an injunction of that model, too. Today at the Dusseldorf court, presiding judge Johanna Brueckner-Hofmann made it known that Apple was pushing its luck with a request for an injunction.
According to Bloomberg, she said:
UPDATE [Wednesday, December 21, 2011 at 7:25am ET]: A Samsung spokesperson chimed in, providing us with the official statement, included at the end of this article.
After Samsung confirmed the addition of four more complaints to its German patent offensive (two are standard-related patents, the other two being utility patents) on Monday, Apple this morning fired back by extending its Australian patent complaint to include Samsung-made cases for Galaxy tablets and smartphones, according to Bloomberg.
Apple issued the notice of infringement to Samsung in Australia over the cases, and will file a statement of claim, Apple’s lawyer Stephen Burley said at a hearing in Sydney today. Samsung’s lawyer Katrina Howard said at the same hearing the company was served with the notice that the cases infringe at least 10 patents.
The two companies are embroiled in a complicated legal fight that already includes more than 30 lawsuits filed against each other across the globe. The exact nature of Apple’s patent infringement claim concerning smartphone and tablet cases is not known, but 9to5Mac can’t help but wonder whether it has something to do with this.
Last week Samsung got to breathe a sigh of relief as an Australian court ruled they didn’t “slavishly copy” the iPad with the Galaxy Tab 10.1, as Apple has been insisted from the onset in court documents. Yesterday, the South Korean company told the Sydney Morning Herald that the court cases have helped make their device a “household name” and today we are seeing the Galaxy Tab maker taking advantage of the media spotlight and the fact that it’s been in the headlines thanks to lawsuits and those cheesy commercials.
As tweeted by Martin Aungle, an Australian corporate and marketing communications professional, Samsung is now pitching its device as “the tablet Apple tried to stop”. The above advert ran in the Sun-Herald newspaper this week. Samsung has obviously decided to up the stakes in this game considering they resisted up until now mentioning Apple by name in their marketing communication. We’ll see, of course, whether publicly celebrating its courtroom victory at Apple’s expense will have any effect on sales.
Today is a bad day for Apple’s legal sharks. First Motorola Mobility scores a ruling in Germany which has paved the way for a Europe-wide injunction on sales of Apple’s iOS devices and now High Court in Australia denies Apple’s request to appeal against an earlier decision which overturned the ban on Galaxy Tab 10.1 sales in Australia.
Put simply, the country’s highest-level legal instance has ruled that no, Samsung’s tablet does not “slavishly copy” Apple’s iPad, as the Mac maker argues in court documents. The Federal Court honored Apple’s recent request that its injunction against the Samsung tablet remain in effect until today at 4pm in order to allow Apple time to prepare an appeal.
According to the Sydney Morning Herald, Tyler McGee, vice-president of telecommunications for Samsung Australia, said customers in Australia will be able to pick up the Galaxy Tab 10.1 tablet “towards the latter part of next week”. Also…
A new twist in the Apple vs. Samsung legal proceedings spanning more than two dozen lawsuits across continents as the Federal Court in Australia lifted sales ban on Samsung’s Galaxy Tab tablet today. The court unanimously overturned a ruling last month from Justice Annabelle Bennett which required that Samsung’s Galaxy Tab 10.1 be banned from sale in Australia.
Sydney Morning Hearld quoted the ruling:
Samsung will be permitted to launch the Galaxy Tab 10.1 in Australia provided it keeps accounts of all transactions involving that device in Australia.
Samsung’s Australian subsidiary says it is “pleased with today’s unanimous decision”. Reacting to the decision, Apple plans on appealing to the High Court. The Federal Court also honored Apple’s request that its injunction remain in effect until Friday at 4pm, to allow the company time to prepare an appeal. A full hearing on copycat accusations is set for March 2012, which could still result in a permanent injunction.