[youtube=https://www.youtube.com/watch?v=wCrcm_CHM3g]
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 …
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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.
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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!
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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.
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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:
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More fun stuff surfaced today from the Apple vs. Samsung trial. Pictured above are Samsung’s sales numbers for its smartphones in the U.S. Perhaps most surprisingly is that Samsung’s best selling phone by unit number is Boost Mobile’s Samsung Prevail, which sold 2.255 million units. Finishing in second and third were the Samsung Epic 4G and the Galaxy S2 Epic Touch both on Sprint. That means Samsung’s top three devices were on Sprint’s network.
Meanwhile, Samsung’s U.S. tablet numbers were below expectations. They totaled just over 1.4 million since the fourth quarter of 2010 (what happened to the Galaxy Tab 8.9? And I do not see the Galaxy Note phablet either above or below).
Then there were Apple’s much bigger numbers, below:
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.
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[youtube=http://www.youtube.com/watch?feature=player_embedded&v=6h5JSojJN3Y]
Additional variations of the concept are available on Samsung’s YouTube channel. The version included right below challenges a notion that only iPhone has the best apps. A third clip is right after the break.
[youtube=http://www.youtube.com/watch?v=kO5Il_rvZj8]
In Australia, as part of discovery, Samsung got access to Apple’s Qualcomm baseband source code for the iPhone 4S (lookout for battery issues while you are in there Sammy!).
Other matters appeared to be resolved, including Samsung’s access to the firmware used in the iPhone 4S’ baseband chip, supplied by Qualcomm.
A software expert had approximately two hours’ access to the firmware and would submit his findings by Sunday.
According to FOSSPatents, Samsung’s lawsuits against Apple in Germany are really heating up after a Mannheim hearing set a schedule for January 20 and 27 of 2012. It looks like Apple has a tough case, as the hearing leaned towards Samsung’s claims.
The two patents asserted in today’s litigations are
- EP1005726 on a “turbo encoding/decoding device and method for processing frame data according to QoS”, and
- EP1114528 on an “apparatus and method for controlling a demultiplexer and a multiplexer used for rate matching in a mobile communication system”.
Samsung’s third German complaint against Apple, which wasn’t at issue today, relates to EP1188269 on an “apparatus for encoding a transformat format combination indicator for a communication system”.
Below is a full rundown of the issues discussed at today’s hearing..
Claiming Samsung copied the iPad’s design, Apple has successfully achieved their mission in getting an Australian judge to block Samsung’s Galaxy Tab 10.1 from being sold in Australia, reports Sydney Morning Herald. Apple says that Samsung is infringing on two patents, and the judge ruled until changes are made the Galaxy Tab 10.1 can’t be sold from this point on.
Apple and Samsung have current litigation continuing over in Europe and the United States. Apple has already successfully blocked the Galaxy Tab 10.1 in Germany and hopes to do so elsewhere.
Samsung won’t start addressing the core patent issue (screen patent) with the Galaxy Tab 10.1 quite yet. They want to prepare a proper defense against Apple. Interestingly, Samsung has setup a temporary store across from a Sydney Apple Store selling Samsung Galaxy S IIs for $2, to detract from the upcoming iPhone 4S launch Friday. The fight continues…
Cross-posted from 9to5google.com.
According to the Wall Street Journal, Samsung has offered Apple a secret deal to sort out the mess surrounding the Galaxy Tab 10.1 tablet launch in Australia. The report has it that Samsung proposed a cunning solution that would allow them to release the device in the country next week. Apple’s legal counsel Stephen Burley allegedly told Justice Annabelle Bennett that Samsung’s “inconvenience would be diminished and we would be comforted” if the deal was accepted.
What incentive Samsung might have in store for Apple in exchange for releasing its tablet in Australia as early as next week is anyone’s guess. I asked patent expert Florian Mueller, who runs the FOSSPatents blog, about this. He responded on Twitter that Samsung “might promise not to infringe certain patents, make a payment, and perhaps also procedural concessions”.
Apple has made its concerns official. The iPhone maker fears Samsung tablet will lure consumers away from the powerful iTunes ecosystem. Apple’s been successfully leveraging iTunes to tie people to the platform through app and entertainment content sales.
The heated Apple vs. Samsung legal battle over who’s copying who is really about the ecosystem rather than the hardware or the patents. That’s the gist of today’s hearing before the Federal Court in Sydney related to an Apple-requested ban on sales of Samsung’s Galaxy Tab 10.1 tablet in Australia. According to Smh.com.au, lawyers for Apple argued that the launch of the Galaxy Tab 10.1 could take away iPad 2 sales so quickly that buyers may be “seduced” from the iOS platform.
It’s all about the apps and the broader ecosystem, Apple’s legal team told Justice Annabelle Bennett, arguing the Galaxy Tab 10.1 “is vastly the one that is going to be targeting the iPad 2”. IDC numbers released today suggest that that tablet shipments to Australia and New Zealand doubled sequentially in the June quarter, which the research firm attributed to an influx of Android tablets recently released into those markets.
Apple’s lawyers then resorted to the “fire hose” metaphor to make their case:
This is going to be launched on the market with the velocity of a fire hose and it is going to just come in and take away iPad 2 sales so quickly that by the time we get to final hearing the full impact of the patent infringement will be to the detriment of Apple and to the benefit of Samsung.
And this bit about the battle of ecosystems:
They’ll then be Android people and the investment in the apps that they make to purchase on their Galaxy Tab will be something they can’t use on an Apple product.
An artist’s rendition of iPhone 5.
The Korea Times reports that Samsung “is seeking a complete ban” on the iPhone 5 sales in Korea – even before the handset is even released, let alone officially announced. Local carriers KT and SK Telecom have so far sold about 3.1 million iPhones in the country. The paper quotes an unnamed Samsung senior executive:
Just after the arrival of the iPhone 5 here, Samsung plans to take Apple to court here for its violation of Samsung’s wireless technology related patents. For as long as Apple does not drop mobile telecommunications functions, it would be impossible for it to sell its i-branded products without using our patents. We will stick to a strong stance against Apple during the lingering legal fights.
Another Samsung executive is “quite confident” about “a big breakthrough” provided Samsung wins in Germany, adding that “so will other envisioned efforts against such products as the iPhone 5”. The report goes on to mention that iPhone sports an LG Display-made screen, LG Innotek’s eight-megapixel camera, Samsung-made NAND flash and A5 chip and an NFC chip for wireless payment.
The twist in this case, of course, is the fact that Apple is Samsung’s biggest customer, buying displays, NAND flash memory and custom-built A4 and A5 chips for its products. It has been reported that Samsung may soon lose its iOS device processor contract as Apple turns to rival TSMC.
The manufacturing relationship means Samsung gets information about the innards of Apple’s non-released devices months before the actual manufacturing ramp up. This early access to Apple’s designs could have led Samsung to move with the iPhone 5 ban in Korea ahead of Apple’s official launch. On the other hand, Apple did not accuse Samsung yet of abusing its manufacturing contract to rip off Apple’s upcoming devices with its own products.
This is a Samsung-branded Windows 8 tablet Microsoft is giving away to BUILD attendees today.
The latest in the ongoing patent saga involving Apple, Google, Motorola and Samsung includes an unexpected twist as Samsung goes after iPhone and iPad with a complaint filed before a Paris district court in July. The filing alleges infringement of Samsung’s three technology patents, reports AFP. The first hearing is expected in December of this year.
Meanwhile, patent expert Florian Müller notes on his blog FOSSPatents that Apple has filed motions to temporarily halt two Motorola lawsuits until Google completes its $12.5 billion acquisition, which shook the technology world last month. Put simply, Apple argues Motorola waived its rights to sue when it transferred patents to Google. Apple wrote:
To further its pending acquisition by Google, Motorola has surrendered critical rights in the patents-in-suit, such that Motorola no longer has prudential standing to pursue this action. According to the publicly-filed Merger Agreement, Motorola has ceded control of the most basic rights regarding the patents-in-suit
As you know, Google has transferred some of the Motorola patents to HTC, in addition to the ones acquired from Palm and Openwave Systems. HTC then used those patents to counter-sue Apple. Back to Apple vs. Samsung…
Financial Times today opined that Samsung needs to hit the reset button, predicting a licensing agreement of sorts provided Apple succeeds in blocking Galaxy products in the U.S. next month. Contrary to the reports, the publication thinks “Apple is restricted from taking its chip business to Samsung’s rivals in Taiwan because Samsung offers a complete package of components that other firms cannot match”. However, there are indications that Apple’s been lowering Samsung orders for some time and it’s widely believed the company is eager to take its silicon business to TSMC beginning next year.
The verdict is in. German consumers won’t soon be able to pick up a Samsung Galaxy Tab 10.1.
A Dusseldorf court today upheld the temporary sales ban it issued Aug. 9, rejecting Samsung’s bid to overturn it for the most part. The judges won’t ban sales in other European Union countries as Apple had sought, Presiding Judge Johanna Brueckner-Hofmann said when delivering the verdict.
The judge stopped at German borders instead of issuing a full EU wide ban but further rulings could see the ban spread.
“The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible,” Brueckner-Hofmann said. “For the informed customer there remains the predominant overall impression that the device looks” like the design Apple has protected in Europe.
The ruling is a big victory for Apple and as the Verge puts it, “the decision could foreshadow the future of Samsung’s Galaxy Tab 7.7 and, honestly, any number of rectangular-shaped tablets in Germany as well.”
FOSSPatents mentions some other “oddities” which could play a role in the widening scope of the case:
The Community design that the Düsseldorf Regional Court deems valid and infringed was also presented by Apple in its Dutch proceeding, but a judge in The Hague threw it out.
If the face of the Galaxy Tab is what is at issue, it isn’t Samsung that is at fault, it is Android. Cross-posted at 9to5Google.
Apple’s patent infringement claims against Samsung now include twelve courts in nine countries on four continents. Reuters reported this morning that Apple is now formally suing Samsung in Japan and seeking to block sales of Samsung phones and tablets in the country:
Apple has filed a suit with the Tokyo District Court seeking the suspension of sales of Galaxy S and its sequel S II smartphones and the Galaxy Tab 7 in Japan, according to sources close to the matter. The first hearing was held on Wednesday, the source said.
The iPhone maker is seeking 100 million yen, or approximately $1.3 million, in damages. Apple previously had filed four complaints before the Tokyo District Court, according to patent expert Florian Müller. Coincidentally, Japan is also another high-revenue market for Apple. Other countries where Apple took Samsung to court include Germany, U.K., U.S., Australia and more.
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[youtube=http://www.youtube.com/watch?v=5q9w0dxosTE]
(We got a look at the Tab 7.7 before it was pulled)
Apple won a pretty significant victory today in its attempts to block Samsung from selling its iPad competitor products in Germany and in greater Europe. This week’s IFA show is a CES-like pan-European event which showcases new consumer products from just about everyone except Apple.
Most of the buzz this year however is around two of Samsung’s new products, the Galaxy Tab 7.7 and the Galaxy Note 5.3. Both have 1280×800 SuperAMOLED Displays and run Android 3.2 but the Tab falls under the line of products that Apple is trying to block and is currently under a set of injunctions in various parts of the world.
Interestingly, Samsung was originally showing the 7.7 devices to reporters with “not for sale in Germany” stickers attached. However last night, Samsung started removing the devices from the floor and covering up the advertisements like the product never existed (below).
It appears that Apple got Samsung to block the whole Tab line. The Tab 7.7 is much smaller than the iPad weighing only 334 grams, yet has a higher resolution screen – so it appears that Apple’s injunction is very broad.
Samsung, Apple’s closest rival in tablet computers, pulled the just-unveiled Galaxy Tab 7.7 out of the IFA consumer- electronics show in Berlin after a Dusseldorf court on Sept. 2 granted Apple’s request to ban sales and marketing of the product, James Chung, a Seoul-based spokesman for Samsung, said by telephone today.
“Samsung respects the court’s decision,” Chung said, adding that the company believes it “severely limits consumer choice in Germany.” Samsung will pursue all available options, including legal action, to defend its intellectual property rights, he said.
It will be interesting to see what direction this goes. Will Apple be able to successfully block Samsung’s (and others’) tablets for sale across the world? There is some concern that if Apple doesn’t win in these cases, damages to Samsung could be significant.
Images via ThisismyNext, Cross-posted on 9to5Google.com
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Yesterday, Apple blocked Samsung’s Galaxy Tab in the EU as it had in Australia previously. Today, it is blocking Motorola’s XOOM.
According to Reuters, this is a high risk strategy for Apple maintaining its market share lead. The cases could take months, if not years to come to court and Apple will have to provide more substantial evidence in subsequent court cases that the design of the Galaxy infringed its patents or copied their designs in order to make any bans permanent. So, they aren’t done deals. And if Apple Loses, it will owe Samsung a lot of money.
If Apple loses it will be liable for the business lost by Samsung in the meantime.
“Apple has a strategy of filing patents, getting some protection and trying to prevent other people from entering the market in the short-term,” said Nathan Mattock, an intellectual property lawyer at Marque Lawyers in Sydney. “If Apple’s wrong it will have to pay Samsung a considerable amount of damages, so it’s potentially quite risky.”
