It’s like déjà vu all over again: Apple vs. Samsung trial kicks off

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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

Served: Apple complies with UK court order, adds Apple’s iPad ‘design is cool’ (and also Samsung didn’t copy) to website

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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 loses appeal over tablets in UK courtroom, must publicly apologize to Samsung

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

Samsung presents its closing arguments against Apple, with claims Apple tried to mislead jury

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

UK Judge rules against Apple in Samsung patent case, claims Galaxy Tabs ‘are not as cool’

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:

Read more

New iPad as 25+ hour LTE hotspot, runs cooler than some Android tablets

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.

Read more