While not official from Apple, the store that was previously rumored to be an Apple Store in Stockholm’s Taby C mall appears pretty likely to be an Apple Store. The run-up to this day has been long for Swedish Apple users. The local MacWorld.se says doors should open around Oct. 25, which is just in time for iPad Minis and the holidays. Watch out IKEA!
[Internal Memo] Regarding the Jury Verdict in California
On Friday, August 24, 2012, the jury verdict in our trial against Apple was announced at the US District Court for the Northern District of California. The following is an internal memo that reflects Samsung’s position regarding the verdict:
We initially proposed to negotiate with Apple instead of going to court, as they had been one of our most important customers. However, Apple pressed on with a lawsuit, and we have had little choice but to counter-sue, so that we can protect our company.
Certainly, we are very disappointed by the verdict at the US District Court for the Northern District of California (NDCA), and it is regrettable that the verdict has caused concern amongst our employees, as well as our loyal customers.
However, the judge’s final ruling remains, along with a number of other procedures. We will continue to do our utmost until our arguments have been accepted.
The NDCA verdict starkly contrasts decisions made by courts in a number of other countries, such as the United Kingdom, the Netherlands, Germany, and Korea, which have previously ruled that we did not copy Apple’s designs. These courts also recognized our arguments concerning our standards patents.
History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.
We trust that the consumers and the market will side with those who prioritize innovation over litigation, and we will prove this beyond doubt.
If, when you read “History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.” you thought “Microsoft!”, you are not alone. Expand Expanding Close
Following the verdict in the Apple vs. Samsung trial today, where Samsung was found guilty of infringing various Apple patents related to the case, Apple is also coming out a winner, at least temporarily, in Google/Motorola’s attempt to block imports of iPhones and iPads to the United States.
In late June, we told you about Google’s attempt to block U.S. imports of iPhones and iPads based on a previous ruling that Apple infringed on one standard-essential Motorola patent. The initial ruling was under review by the ITC, which has power to block U.S. imports of Apple devices from Asia, with a decision expected at a hearing scheduled for today.
The ITC has now concluded its review (via paid blogger FossPatents), finding no violations for three of the four patents in the initial suit (including the one mentioned above), but remanded an investigation on a fourth, non-standard essential patent to Judge Thomas Pender. The result? According to FossPatents, there might be a violation and import ban related to the patent, but a remand and ITC review could take up to a year: Expand Expanding Close
A Seoul court ruled Friday that Apple infringed on two of Samsung’s technology patents and “must stop selling the infringing products in South Korea.” In addition, the judge said Samsung infringed on Apple’s “bounceback” design patent but not its icon design patent. These only apply to older model Apple products (perhaps pre-Qualcomm, now Apple is indemnified?), from the sound of it, and the damages are in the tens of thousands of dollars, which is meaningless.
Everything from the store layout to the sales staff to the products and even the packaging and promotional material is uncannily Apple-esque.
Samsung’s shop is just a block away from Apple’s Sydney store. Despite the ongoing U.S. trial against Apple, as SMH noted, the South Korea-based company is certainly not quelling accusations that it is a Cupertino copycat.
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: Expand Expanding Close
Right now, a “white Bluetooth wireless keyboard,” which connects to second-generation and third-generation iPad and iPhone 4S (or any Bluetooth device), is available on eBay for $16.99. The deal features free standard shipping with delivery on or before Aug. 25. It looks almost exactly like an Apple keyboard (Samsung involvement?), but we wouldn’t bet it is aluminum. With that said, the seller has a 99.6-percent positive rating from 116,000 customers.
Jury deliberations for the much-reported Apple vs. Samsung trial are set to begin this week, and both companies want the nine jurors to complete an intricate exam to determine if a patent was infringed. As The Wall Street Journal first noted, each side created an elaborate worksheet with dozens of multi-part questions:
The general principle is that for each device, the jury has to indicate “yes” or “no” for whether a certain patent is infringed.
Then there are fill-in-the-blank questions like: “What is the dollar amount that Samsung is entitled to receive from Apple for Samsung’s utility patent infringement claims on the ’516 and ’941 patents?” Fun stuff.
The jurors must be unanimous to determine whether a patent was infringed.
Judge Lucy Koh will decide on the final form to be presented to the jury.
Check out both proposed verdict forms below (via WSJ).
If Apple ends up winning this case against Samsung — and either stops Samsung from releasing their phones and tablets to the market, or charges them a hefty license fee to do so — does anyone really believe that the market will suddenly become more innovative, or that devices will suddenly become more affordable? Similarly, if Samsung wins, do you really believe that Apple will suddenly slow its aggressive development of the iPhone and iPad? It’s certainly not what happened last time they lost one of these cases.
Now, if you’re with me so far, then I don’t think it’s a leap to suggest that having these companies duke it out in court over “who might have copied who” is counterproductive. Let’s have these companies solely focused on duking it out in the marketplace — where consumers, not courtrooms, make the decisions about innovation. In such a world, the best defense against copying isn’t lawsuits, but rather, to innovate at such a rate that your competition can’t copy you fast enough. That, to me, sounds like an ideal situation not just for consumers — but for the real innovators, too.
Update: The tactic worked. Facing disclosure to a jury that both Apple and Samsung failed to uphold document retention laws, the two companies struck a deal to keep the matter private.
Bloomberg reported today that Samsung chief Kwon Oh Hyun and Apple chief Tim Cook will speak on the phone today ahead of jury deliberations in the ongoing Apple v. Samsung trial in San Jose. Another update in the case comes from paid blogger Florian Mueller (most recently funded by Microsoft and Oracle), who reported a previous ruling from Magistrate Judge Paul S. Grewal, to only provide an adverse inference jury instruction against Samsung, was overruled by Judge Lucy Koh in a decision late yesterday.
Therefore, instead of the jury hearing only a statement regarding Samsung failing to preserve evidence, jurors will also hear the same statement related to Apple. According to Mueller, Samsung claimed that “Apple’s duty to preserve email must have arisen no later than Samsung’s duty.”
Samsung pointed out that Apple neglected to provide emails from former CEO Steve Jobs mentioning the patent trial from 2010 until his resignation and death in 2011. That was apparently enough to convince the judge.
The instruction the court plans to give the jury before deliberations on Wednesday —unless Apple can get Koh to change her decision in a hearing today— is below. Expand Expanding Close
It must be a cold day in Hell. Apple is consorting with Google, Samsung, LG Electronics, and various ventures and firms to bid as a group on Kodak’s intellectual property.
Kodak filed for bankruptcy protection in January, according to The Wall Street Journal, and it is looking to auction its patents to raise money for surviving a Chapter 11 court protection. Kodak could barter all 1,100 digital photography-based patents or end the auction without a deal, as the company announced it would name the winning bidders on Monday but eventually pushed the deadline upon talking with creditors.
Negotiations and the bidding group’s composition are fluid, the people said. If the consortium reaches a deal to buy some or all of Kodak’s patents, they would essentially be kept out of any one company’s hands and could prevent consortium members from using them in litigation against each other. A deal, however, could also attract attention from federal antitrust regulators.
A deal for the entire portfolio—one of many options under discussion— could fetch more than $500 million based on recent negotiations, people familiar with the process said. That is well above opening bids when the auction started last week, but far below the $2.2 billion to $2.6 billion Kodak at one point said the patents could be worth.
In a statement Thursday, Kodak said discussions with buyers are active and that it isn’t ready to announce a result. The company added that it might decline to sell some or all of the patents, depending on how the auction progresses.
Photography and cameras are obviously a main feature of mobile devices. Competitors in the tech arena have joined forces in the past to snatch up attractive patents, but The Wall Street Journal noted it is “unusual for them all to join the same camp.”
Patent law whiz Michael Carrier, of Rutgers University in Camden, said the companies would not suffer antitrust issues if the tech giants commit to licensing on reasonable rates. Otherwise, an action such as dividing the patents without sharing the rights to use them could likely meet legal trouble down the road.
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:
Patently Apple covered an Apple Inc. patent today published by the U.S. Patent and Trademark Office that appears to be related to an app designed to assist shoppers by providing product and retailer information for scanned items. The invention would provide similar functionality to various third-party apps currently in the App Store that use barcode scanning and image recognition to search the web for product information and price comparisons. Patently Apple explained:
Apple has received their first Granted Patent relating to methods for conducting shopping-related transactions with a handheld electronic device. In some embodiments a mobile electronic device may be used to identify a product and obtain pricing information relevant to retailers of the product within a specified geographical location. In another embodiment, a mobile electronic device may be used to acquire pricing information for a shopping list of products. Embodiments may also include a variety of features that make the shopping experience quick and efficient while allowing the consumer to hunt for a better bargain. Furthermore, several embodiments also allow the product manufacturers and/or retailers to distribute relevant product information to targeted consumers who are known to be, or who may be, interested in buying a particular product.
[youtube=http://www.youtube.com/watch?v=jdbvAdINPPA] We have brought you updates on the Apple vs. Samsung trial all week with yesterday’s highlight being a testimony from Apple’s expert design witness, former President of the Industrial Designers Society of America Peter Bressler. Last week, we told you Apple Senior Vice President of iOS Software Scott Forstall testified in the case, but Network World discovered some interesting bits today from Forstall’s deposition from a few months ago. While noting the three key multi-touch patents involved in the case (381′ related to “rubber banding,” ‘915 related to determining one-finger scroll vs. multi-touch gestures, and ‘163 related to double tap to zoom), Network World posted excerpts from Forstall’s highly redacted deposition. The SVP appears to have claimed the now-late CEO Steve Jobs once told Samsung not to copy or steal the inertial scrolling, rubber band invention:
Returning to the Forstall’s deposition, Apple’s iOS guru is asked about discussions Steve Jobs seemingly had with Samsung over the rubber banding patent…Forstall responded:
I don’t remember specifics. I think it was just one of the things that Steve said, here’s something we invented. Don’t – don’t copy it. Don’t steal it….Rubber banding is one of the sort of key things for the fluidity of the iPhone and – and all of iOS, and so I know it was one of the ones that Steve really cared about… I actually think that Android had not done rubber banding at some point and it was actually added later. So they actually went form sort of, you know, not yet copying and infringing to – to choosing to copy, which is sad and distasteful…
Regarding whether the feature was discussed in subsequent meetings with Samsung:
But I can’t give you a specific recollection of – of Steve, you know, going over rubber banding with – with them in those meetings or not… I expect it came up, because it’s one of the key things we talked – you know, he and I talked about, but I don’t know if it came up there.
It is unclear which meetings Forstall is referring to due to the large amount of redactions in the documents, but Network World noted that court documents revealed previously that Apple offered to license Samsung patent ‘381 in November 2010. Forstall also described meetings Jobs had with Samsung when questioned about iOS icon designs:
We brought you an update on the third day of the Apple vs. Samsung trial earlier today, with Happy Mac logo creator Susan Kare and former President of the Industrial Designers Society of America Peter Bressler set to take the stand as Apple presented evidence that Samsung copied its trademarked iOS icons. During his testimony today, Bressler claimed there are “a number of Samsung phones and two Samsung tablets that are substantially the same” as Apple devices, just as Samsung’s chief strategy officer, Justin Denison, testified its devices are “distinctly different.”
Bressler suggested that consumers could confuse one of Samsung’s devices with Apple’s…To back that point up, Bressler, the inventor or co-inventor on about 70 patents, went through how nearly a dozen Samsung devices were similar to Apple’s. That includes Samsung’s first– and second-generation Galaxy S devices, as well as the company’s Galaxy tablets.
Bressler also attempted to gut Samsung’s prior art defense, which cites a Japanese design patent issued to rival electronics firm Sharp in 2005. That device, which Samsung suggests looks like the iPhone, is unlike the ones depicted in Apple’s patents since it has a curved, non-flat front, Bressler argued.
While testifying earlier today that Samsung’s Galaxy devices look “distinctly different” at the request of carriers, Denison was questioned by Apple’s lawyers over an internal Samsung document referencing the iPhone’s user-experience as the new standard. According to CNET: Expand Expanding Close
Going against his claim that a 7-inch tablet would not work (seen in a video below), and that Apple would not go into the 7-inch market, Steve Jobs seemed receptive to the thought of a 7-inch iPad according to an email with Eddy Cue. The Verge, which is currently in the courtroom where Scott Forstall testified,reported:
Wow. Forstall is shown a 2011 email from Eddy Cue, in which Cue forwarded an article that a journalist wrote about dumping the iPad after using a Galaxy Tab. Cue writes “Having used a Samsung Galaxy [Tab], i tend to agree with many of the comments below… I believe there will be a 7-inch market and we should do one. I expressed this to Steve several times since Thanksgiving and he seemed very receptive the last time.”
After months of rumors,the 7-inch iPad is believed to be announced at a media event on Sept. 12 along with the new iPhone. Several other publications confirmed the initial report shortly after.
At the beginning of the week, we reported Samsung leaked slides to the press that Judge Koh excluded as evidence in the Samsung-Apple trial currently underway. Judge Koh was not impressed with the move, despite much of the information in the slides being public knowledge, and today we get an update from FossPatents on Apple’s response to the situation. According to the report, Apple filed a letter with the courts today claiming fines would not be a severe enough punishment for Samsung and it requested a judgment in its favor:
“The proper remedy for Samsung’s misconduct is judgment that Apple’s asserted phone design patents are valid and infringed. Through its extraordinary actions yesterday, Samsung sought to sway the jury on the design patent issues, and the proper remedy is to enter judgment against Samsung on those same patents. It would be, to be sure, a significant sanction. But serious misconduct can only be cured through a serious sanction—and here, Samsung’s continuing and escalating misconduct merits a severe penalty that will establish that Samsung is not above the law.”
Apple also outlined an alternative set of sanctions, requesting “the Court should (i) instruct the jury that Samsung engaged in serious misconduct and that, as a result, the Court has made a finding that Samsung copied the asserted designs and features from Apple products; and (ii) preclude Samsung from further mentioning or proffering any evidence regarding the ‘Sony design exercise’ for any purpose.” FossPatents said Apple’s requests could mean big problems for Samsung moving forward: Expand Expanding Close
Samsung just announced the production of its latest advancement in flash memory for mobile devices: the eMMC Pro Class 1500.
“Samsung Electronics announced that it has now begun volume production of an ultra-fast embedded memory for smartphones, tablets and other mobile devices in 16-, 32- and 64-gigabyte densities,” explained Samsung, as it noted the new chips feature read speeds of 140 MB/S and write speeds of 50 MB/S.
Those stats equal turbo web and video browsing, ameliorated multitasking, and a boost for processor-exhaustive gaming on smartphones and mobile devices. Users will love the performance enhancements, but manufacturers will enjoy the chip sizes. They go up to 1.2mm in thickness and just 0.6 grams in weight.
“The ultra high-speed storage device uses Samsung’s 64-Gb NAND with a toggle DDR 2.0 interface based on the company’s latest 20 nanometer class process technology. The new eMMC’s fully managed NAND memory comes with its own high performance controller and intelligent flash management firmware,” Samsung added.
The South Korea-based Company’s newest embedded multimedia cards are surely destined for more devices than the next-generation Galaxy.
Apple’s iPad set a shipment record in Q2 2012, which led to a “better-than-anticipated” quarter for the entire tablet market, according to the latest data from IDC.
Global tablet shipments hit 25 million units, with a 66.2-percent year-over-year increase, while Apple jumped from 11.8 million units shipped in Q1 2012 to 17 million for Q2.
“Apple built upon its strong March iPad launch and ended the quarter with its best-ever shipment total for the iPad, outrunning even the impressive shipment record it set in the fourth quarter of last year,” said Research Director Tom Mainelli.
Four of the top five worldwide vendors also eyed shipment increases year-over-year and solid growth in Q2. Samsung sits at second place with 2.4 million units shipped, which is an increase from 1.1 million units in Q2 2011, and ASUS notably almost tripled its amount of units shipped from a year ago. Interestingly, shipments of the Google/ASUS-branded Nexus 7 are not a part of these totals.
We have been getting some interesting bits and pieces from the Apple vs. Samsung trial this week, and most, of which, are related to early iPhone prototypes referenced in pre trial briefs by Samsung’s lawyers who alleged Apple was inspired by Sony products when creating its initial iPhone concepts. We get some more insight on Apple’s original iPhone plans today thanks to a deposition of former Apple designer Douglas Satzger, as discovered by Network World in recent court filings. Satzger, current VP of Industrial Design at Intel, held various roles at Apple from 1996 to 2008 including Industrial Design Creative Lead and Industrial Design Manager. In the deposition, Satzger claimed Apple had “strong interest in doing two pieces of shaped glass,” while referencing the 0355 model prototype pictured above.
He continued to explain how Apple ultimately chose not to utilize curved glass mainly due to cost: Expand Expanding Close
Today’s comScore report measured the U.S. phone landscape from March to June with some surprising surges from Apple noted. Apple was the only manufacturer to gain market share in the overall handset business by growing 1.4-points in the three months. This is particularly notable because Apple’s iPhone is expected to get refreshed in September.
Additionally, iOS outgrew Android in the three-month span from 1.7-points to 0.6-points (see chart below). The gains by both OSes to a whopping 84 percent of all smartphones measured were at the expense of Microsoft, RIM, and Symbian. On the changes, comScore said:
Global client PC shipments rose 12 percent year-on-year in Q2 2012, with the new iPad recognized as the primary influence on growth rates, according to the latest data report from Canalys, who treat the iPad as a PC (and with the ability to operate without being tethered and to use external keyboards and monitors and the like, why wouldn’t you?)
Apple lead the overall charge, boosted by strong iPad sales, with an estimated 19 percent share of global PC shipments. Canalys explained:
Growth in pads more than compensated for disappointing sales of Ultrabooks. The new iPad had the biggest single impact on growth rates in the quarter, but Asus and Samsung made progress with their Transformer and Galaxy Tab product lines. Total pad shipments increased 75% to 24 million units, representing 22% of all PCs.
“There is now a large base of replacement buyers that simply must have the latest Apple product, and the decision to continue shipping the iPad 2 at lower price points has opened up new customers, for example in education,” added Canalys Research Analyst Tom Evans.
Samsung lead as the “Android pad vendor” in Q2. It more than doubled its Galaxy Tab shipments compared to Q2 2011, and Canalys said the company is “Apple’s chief challenger” in the tablet sector.
“Our role is to imagine products that don’t exist and guide them to life,” said Apple industrial designer Chris Stringer (no relation to Sony’s ex-CEO Howard Stringer), who has been a part of every design since 1995, when he testified today in court as part of the Apple vs. Samsung trial.
Who helps imagine those products that come to life? Stringer told the court that Apple has a small team of only 15 or 16 people who design the original idea for the company’s key products, from the iPhone to the MacBook Pro, AllThingsD first reported. Apple’s lead designer, Sir Jonny Ive, is of the group.
Interestingly, he added the design process begins around a kitchen table, where the intimate team hashes out ideas to someday come to light. If the team believes an idea is good enough, the idea will be made into a physical model. In typical Apple design fashion, the group pays so much attention to detail that there can be up to 50 drawings for one button. What a crazy look into the start of the products we use everyday.
Apple Senior Vice President Phil Schiller is set to take stand next in the case, where both parties are seeking damages over a slew of patents. What a treasure trove of information this case is turning out to be.
Apple and Samsung appeared in a San Jose federal court today, where U.S. District Judge Lucy Koh presides, to give opening statements starting at 9 a.m. PST.
Apple filed the first suit in this monumental case in April 2011. The Cupertino, Calif.-based company claimed Samsung infringed its patents by “slavishly copying” its iPhone. Samsung, a South Korea-based Company, promptly countersued.
This is one of the important cases to go to trial among a slew of other litigations on smartphone patents. If Apple wins, Samsung could suffer a financial blow and the ability to sell its infringing products in a large market. If Apple loses, its “thermonuclear war” against Android smartphone manufacturers could essentially wither away as Samsung collects royalty fees.
This morning’s most notable highlights are below (continually updated).
Following the 
