Experts say conjoint studies flawed, patents worthless as Samsung begs for time
The eighth full day of the Samsung-Apple patent trial went through another raft of witnesses as Samsung struggles to make its case inside its allotted limit of 25 hours -- a problem that hounded the company in the last trial as well. Lead attorney for Samsung John Quinn was forced to read transcripts of declarations to save time, hustle through witnesses and plead with Judge Lucy Koh for more time. An expert that the Galaxy S5 maker paid $1,000 an hour for refuted a colleagues' studies as "kind of biased."
Google evidence wins over judge
US District Court Judge Claudia Wilken has denied a motion by the Apple-led Rockstar Consortium to transfer a patent invalidation countersuit by Google from California to the Eastern District of Texas, Reuters says. The Eastern District of Texas is infamous for leaning towards patent holders in its court rulings. Wilken ruled, however, that Google was able to provide enough evidence to keep the case in California.
String of Samsung witnesses find that Apple's patents are all invalid
Not only did Samsung not infringe on Apple's patents, a parade of witnesses for Samsung told the jury today in the Apple-Samsung trial, those patents aren't valid even if Samsung did copy them. With some help from Apple's very light cross-examination, Samsung again flew through a lengthy list of experts who testified on the relative worthlessness of Apple's patents for "data detectors" (also referred to as "quick links"), universal search, autocorrection and the "slide to unlock" concept.
Patent filing in South Korea shows display mounted by earpiece
Samsung may be working on a wearable display in a similar vein to Google Glass, based on patents uncovered at the Korean Patent Office. Described as an "Earphone" in the filing, the device appears to provide a small display in front of one eye, with the attached earpiece being used not only for sound, but also to hold the entire apparatus on the head by clipping around the ear.
Tweet: 'Both sides relying on stories to sell jury, Samsung borrowing Google's'
At the end of the twelth day of the Apple-Samsung trial, and fifth day of testimony, Apple rested its case against Samsung following a detailed presentation from "microeconomist" and PhD Chris Vellturo in which he explained for the jury exactly how he calculated the $2.191 billion in damages Samsung should owe Apple for its infringement. Samsung, which has admitted in an earlier damages retrial that it copied from Apple, began presenting its defense -- by borrowing a Google software executive.
Microsoft, Sony agree to providing more cash for patent buys
Two previous investment partners, Apple and Intel, have declined to put money into Intellectual Ventures' latest patent acquisition fund, says Reuters. IV is dedicated exclusively to buying intellectual property, and has so far acquired about 70,000 patents and other forms of IP. It has raised about $6 billion from investment partners in the past, but is looking to pick up another $3 billion. Microsoft and Sony have agreed to participate in the new round of funding.
Apple reveals total damages and royalties sought from Samsung
The fourth day of testimony in the second Apple vs. Samsung trial has ended, with various Apple-hired experts and employees going over the nature of the patents at stake in Apple's part of the case. The jury also got a dose of history borrowed from the first patent trial, details about Apple's manufacturing process, and finally heard the full, exact amount that Apple is seeking from Samsung in terms of both damages due to lost sales as well as what it owes in royalties for its infringement: $2.191 billion.
Apple's case continues with engineer Deniau, experts Mowry and Snoeren
Over the weekend, Apple filed a notice with the court that it could wrap up its main presentation by tomorrow at the earliest, but expects to be done no later than Friday, barring any changes to Samsung's pattern of cross-examination. On Monday, patent expert Andrew Cockburn from New Zealand was summoned back to the witness stand for a scant 16 minutes of light cross-examination, followed by testimony from Apple engineer Thomas Deniau and a pair of additional patent experts.
Samsung attorneys claimed Apple doesn't practice patents on trial
Late on Thursday, District Court judge Lucy Koh denied an Apple motion regarding opening statements by Samsung in the ongoing Apple v. Samsung trial, reports say. A Samsung attorney was quoted as saying that "Apple admits that three of the five patent claims that it is suing on were not in that iPhone and have never been in any iPhone since. Apple doesn't consider it valuable enough to even use." In its motion, Apple insisted that it could show evidence it "has practiced and continues to practice the '414, '172, and '959 patents."
Company insists it continues to practice certain patents
As a part of the ongoing second Apple v. Samsung trial, Apple has filed a motion asking to show evidence Samsung was deceptive in its opening statements. During those statements, lawyers repeated a view that Apple doesn't actually practice several of the asserted patents. Apple insists that it "has practiced and continues to practice the '414, '172, and '959 patents," and that it can show evidence that will "correct the false impressions created by Samsung's counsel."
Intertrust backed by Sony, Philips
Apple has agreed to an out-of-court settlement for a lawsuit brought by Intertrust Technologies last year, court documents show. The two parties filed for a dismissal yesterday with District Court judge Yvonne Gonzalez Rogers. She has since agreed to the request, dismissing claims with prejudice, and ordering each side to pay its own legal fees. The terms of the settlement haven't been made public, however.
Group wants stronger patent protections for all
Apple, in conjunction with IBM, Microsoft, and others not in the technology industry have created The Partnership for American Innovation. The group's first goal is lobbying the US government to alter the trajectory of patent reform. Former US Patent Trademark Office (USPTO) Director David Kappos is a senior advisor to the group.
Samsung attorney claims Apple's Phil Schiller was 'obsessed'
During Monday's opening statements in the second Apple v. Samsung trial, attorney John Quinn -- representing Samsung -- revealed that Apple marketing head Phil Schiller was deeply concerned about Samsung's "Next Big Thing" ad campaign. One email from Schiller to his team specifically addressed a January 2013 Wall Street Journal story with the headline "Has Apple Lost Its Cool to Samsung?" Schiller commented that "We have a lot of work to do to turn this around."
Samsung seeks $6 million for its purchased patents, two jurors excused
A bit of juror trouble was ironed out, last-minute issues decided, opening arguments heard and the first witness called on the opening day of the second Apple-Samsung patent trial, which began on Tuesday in San Francisco. Judge Lucy Koh, who oversaw the first trial, is again in charge as the two companies present their cases over a different set of patents -- five from Apple, two from Samsung -- that each says are being infringed by the other.
Largely repeats previous testimony to new jury, tells iPhone birth story
Apple's Senior Vice President of Worldwide Marketing, Phil Schiller, took the stand on Tuesday in the second Apple-Samsung patent trial. His testimony following opening arguments, in which Apple asked the jury for more than $2 billion in damages against Samsung (and "reasonable" licensing fees for the copied patents), while Samsung's attorney characterized the amount as "gross overexaggeration," suggesting a $40 million figure and asking $6 million for its two disputed patents.
Carnegie Mellon suit claims willful infringement of two hard drive patents
US District Judge Nora Barry Fischer has ordered "enhanced damages" be paid to Carnegie Mellon University by Marvell Technology in a patent lawsuit. Upholding a previous judgement, the judge has awarded $1.54 billion to the university from component manufacturer Marvell Technology Group for willful infringement of a series of mass storage patents.
Attorneys finding it challenging to find users uninfluenced by Apple, Samsung
[Update: jury finalized, Phil Schiller to be first witness] Jury selection is now in progress as part of the second Apple versus Samsung patent trial, this one covering a different set of patents than were covered in the first trial in 2012. Juror candidates -- some of them clearly eager to avoid serving -- are being questioned about any stock holdings in either company, whether they know anyone who works for Apple or Samsung (or their respective attorney's firms) and of course what brand of tablets, smartphones, computers and televisions they own.
Samsung says Google was already working on Apple-patented tech
Google's former Android head, Andy Rubin, may be asked to testify on behalf on Samsung during the second Apple v. Samsung patent trial beginning today, says the Wall Street Journal. Samsung is reportedly challenging Apple's assertion that the iPhone was completely groundbreaking by pointing out that Google was already working some of the contested technologies before the iPhone shipped. It notes that except for slide-to-unlock, all of the patents Apple is asserting -- related to hyperlinking, background sync, Siri's universal search functions, and auto-complete -- are Android features.
Claims Apple products shown in video would be 'prejudicial'
Ahead of its second patent battle with Apple in a case set to open on Monday, Samsung is objecting to a US government video intended to instruct jurors on how patents are granted. The video, which has been updated since the first Apple-Samsung trial, now shows some Apple products -- leading Samsung attorneys to claim showing it would be "highly prejudicial," as it would leave jurors with the idea that Apple products are innovative enough to be patentable.
Samsung mulls appeal
Apple didn't infringe on Samsung data communications patents and won't have to pay any damages, a Tokyo District Court has ruled. Samsung had filed a lawsuit that brought Apple's iPhone 4, iPhone 4S, and iPad 2 into the crosshairs. "We are disappointed by the court's decision," an emailed statement from Samsung reads. "Upon a thorough review of the ruling, we will determine which measures to take, including an appeal."
Samsung appeals verdict: Apple appealing damages retrial, inter-trial orders
Days after the final judgements were rendered in the post-trial matters related to the first Apple-Samsung US patent trial from 2012, Samsung filed an appeal of the jury's decision. Now Apple has done the same, filing an appeal on selected decisions made during the trial -- including some of Judge Lucy Koh's orders (specifically her two decisions refusing to implement product bans on 23 violating Samsung devices) and the limited damages retrial.
Samsung-made graphics chips at issue, used in both iOS and Android devices
Audio-Visual products manufacturer Creative Technology, through their ZiiLabs (formerly 3D Labs) subsidiary, is suing Samsung and accusing the Galaxy maker of infringing on 10 patents used in graphics system-on-chip designs for mobile and desktop devices. Both Apple and Samsung are named in the suit, as Samsung provides or formerly provided some of its own SoC components to some of Apple's devices.
European 2G, 3G, 4G patents from Ericsson used by Unwired Planet in lawsuit
Huawei, Google, HTC, and Samsung have become the targets for two patent infringement lawsuits, filed simultaneously in the United Kingdom and Germany. Unwired Planet, the owner of 2,400 wireless patents it acquired from Ericsson last year, claims a total of six patents have been infringed by the technology company group. Although Unwired Planet has not estimated the possible value of the UK action, the company is seeking at least 30 million euro ($42 million) from the German case.
Could keep older Apple devices relevant for longer
Apple has won rights to a new US patent, Modifying operating parameters of a device based on aging information. The concept would bake aging detection circuitry into a device, set to react if parameters fall outside of a predefined scale, or using data collected from other users. As a device gets older, the circuitry could help optimize performance and extend battery life.
Case shrinks dramatically as Apple, Samsung agree to avoid SEP disputes
The second patent trial between Apple and Samsung, scheduled to start on March 31, took a dramatic turn late on Friday as the two companies filed a stipulation with the court dropping some of the claims and counter-claims to be debated in the second trial. Samsung, perhaps fearing further investigations over its improper use of standards-essential patents (SEPs) as legal weapons and bargaining tools, has agreed to drop all SEP claims from the case, leaving it with only two claims on two patents, down from its original five.
Apple likely to appeal portions as well, renew fight for product ban
With surprising speed, Samsung has now officially filed a notice of appeal over the final judgement in the first Apple vs. Samsung patent trial from 2012. The last ruling in the case was handed down yesterday, when Judge Lucy Koh ruled in Samsung's favor that sales injunctions on the products it was found guilty of infringing Apple patents with were not warranted in the interests of competition. Apple is likely to appeal that portion of Judge Koh's rulings.
Patent purchase to end legal dispute leaves Twitter with 956 patents in total
Twitter paid a hefty sum to acquire a collection of patents from IBM, a Securities and Exchange Commission filing reveals. The January payment, which saw Twitter take ownership of 900 patents, was worth $36 million and also ceased the legal action brought against the micro-blogging firm for alleged patent infringement, though it will certainly not be the last it faces.
Company failed to prove harm caused by Samsung patent infringement
A California court has denied Apple a renewed motion it sought for a permanent injunction against Samsung, according to reports. In December 2012, US District Court Judge Lucy Koh made the initial denial of a permanent injunction against 23 Samsung devices. Apple won a partial appeal of the ruling at the Federal Circuit, which affirmed the denial of trade dress (design) patents, but handed back an injunction over software patents to Koh for review.
Court filing points out double-standard in allegations
At the same time as it was accusing Samsung of leaking the same information, Apple publicly exposed the terms of its patent licensing terms with Nokia and NEC, Samsung remarks in its latest Apple v. Samsung lawsuit filing. In October, Apple filed a motion against Samsung as part of the original Apple v. Samsung case, alleging that Samsung's counsel -- Quinn Emanuel -- had inadvertently leaked licensing terms to Samsung executives, giving them an edge in corporate negotiations. In January the the District Court for the Northern District of California ruled that the latter was never sufficiently proven, and denied sanctions against Samsung, pinning the blame on counsel.
One Apple suit valued at almost $2.2 billion
Germany's Mannheim Regional Court has dismissed two lawsuits against Apple and one against HTC, all of which were brought by IP holding firm IPCom, reports say. The cases revolved around a set of standards-essential 3G patents IPCom bought from Bosch after the latter exited the carphone industry. One of the suits, had it been successful, would have have demanded almost $2.2 billion in damages from Apple.
Ruling claims Apple's non-SEP lawsuits amount to 'first shot fired'
In a judgement that has bewildered international patent and legal analysts, the South Korean Fair Trade Commission (FTC) has rejected Apple's complaint against Samsung that the latter was using FRAND-pledged standards-essential patents (SEPs) for bargaining leverage and as threat of litigation in order to strike unjust licensing deals. The Korean FTC has essentially said that suing or seeking product injunctions over SEPs is perfectly okay -- if your company is based in South Korea.
Industry seeks to limit potential for injunctions
Apple, Samsung, Huawei, and Google are among a group of 19 businesses and associations that have submitted a letter to the European Union, asking it to implement measures designed to fight patent trolls, Bloomberg reports. In particular, the companies are asking for limitations on product injunctions and/or court proceedings when the validity of a related patent is still in contention. Patent trolls are companies that make no products of their own, but instead generate income through licensing fees and/or lawsuits.
Alleges government failed to invalidate Zhizhen voice recognition patent
Apple has filed a lawsuit against China's State Intellectual Property Office, as well as Shanghai company Zhizhen Network Technology, according to news agencies Xinhua and Agence France-Presse. Zhizhen owns a voice recognition patent which Apple previously asked the SIPO to invalidate. The lawsuit is due to reach the Intermediate People's Court on Thursday.
CEOs, top lawyers met in early February, but could not come to agreement
Ahead of the second patent trial between Apple and Samsung scheduled for March 31 -- which covers a completely different set of patents and is not an appeal of the first trial, which Apple won last year -- the two companies are said to be making efforts at settling their differences rather than going to trial. Thus far -- as before, ahead of the first trial -- the negotiations have not resulted in an agreement, but in a court filing, both companies said they were willing to keep talking.
Tech could even theoretically monitor mental states
Apple has won rights to a US patent on a biometric headphone system. The technology would track factors like temperature, heart rate, and/or perspiration, using embedded sensors. The sensors could be embedded into the rim of a speaker, or broken out into other components, such as ear clips or inline remotes. Apple also suggests integrating one or more accelerometers for tracking movement, in the latter case recording multiple axes.
Android co-creator may be asked to explain development of certain features
During next month's Apple v. Samsung trial, Apple may call Google's Andy Rubin to the stand to testify, according to court documents. Rubin was one of the creators of the Android platform, and would be asked to explain the development of Android features Apple claims infringe on patented content. He may also be asked to speak about "Google documents relating to such development." In March 2013 Rubin left the Android team to work on Google robotics projects.
Bill under consideration spells out bad faith allegations
Oregon isn't the only state that has been moving forward with legislation to curb patent trolls, recently. The Kentucky Senate has moved forward in a bill to put restrictions on patent trolls acting in bad faith in their allegations according to FOSS Patents.
Trial due to begin at end of March
Apple CEO Tim Cook and the head of Samsung's mobile division, Shin Jong-Kyun, are said to have met last week in a failed attempt to negotiate an out-of-court settlement, Korean reports say. The meeting came about because of a US court order mandating the two sides meet ahead of next month's trial. Lawyers are said to have met on January 6th to set a framework for the negotiation, which included a Feburary 19th deadline, and the presence of each side's CEO along with three to four in-house attorneys.
Ousted VP Scott Forstall also on list for possible testimony
In court filings on Thursday, both Apple and Samsung have presented their first-draft witness lists to Judge Lucy Koh for the upcoming second patent trial between the two smartphone giants. The trial, which is set to begin March 31, covers different patents and more recent products than those involved in the first patent trial, which Apple won. Among the witnesses for Apple is the company's Senior Vice President of Worldwide Marketing, Phil Schiller, while former SVP of iOS Scott Forstall appears on both Apple's and Samsung's list for possible deposition or testimony.
Copied the look of iOS 7, icons too closely; return delayed
A customization app for Android called Themer, which featured a number of themed "looks" for modifying Android smartphones including an iOS 7-like theme, has been removed from the Google Play store with no indication of when it will return. Google pulled the app on February 2 after Apple complained that the iOS 7-esque theme used icons that infringed on Apple's patents. The developer says it has since addressed Apple's concerns, but Google has not yet restored the app.
Dings Apple attorneys for appealing to patriotism, denies Samsung's motions
The difficult maze that is the US patent battle between Apple and Samsung is sometimes hard to fathom, with a second patent trial (involving different patents) coming up at the end of March while matters left over from the first trial -- and its subsequent retrial on a portion of the damages -- is still being decided. Late on Friday, US District Court Judge Lucy Koh -- who has presided over the battles -- made further rulings with respect to the first trial, which Apple won.
DOJ shut down inquiry, claiming that Presidential embargo veto sufficient
Following the ITC-ordered embargo of Apple products and subsequent Presidential veto, the US Justice Department commenced an investigation of Samsung, and its use of standards-essential patents (SEPs) as a legal weapon. Declining any action, the Department of Justice is closing the investigation, but noted that Samsung was guilty of abusing SEPs legally, and that it would keep monitoring patent lawsuits filed by the Korean electronics manufacturer.
Companies want easier time recouping legal fees
A collection of companies -- including Apple, Google, Yahoo, Intel, Cisco, and Facebook -- are asking the US Supreme Court for measures to help deter frivolous patent lawsuits, Bloomberg reports. In particular, the companies are seeking to change the language used to determine when a defendant can claim coverage of legal fees from a plaintiff. The current standard allows coverage only if a suit is ruled "objectively baseless" and filed in bad faith.
Plaintiff so far winning rulings against Nokia, HTC
On February 11th, Apple will go to trial at Mannheim Regional Court to defend itself against a patent infringement suit brought by German patent firm IPCom, reports say. The latter company accuses Apple of violating a standards-essential wireless patent upheld by the European Patent Office last month; another, separate patent is also at stake. IPCom is asking for €1.57 billion ($2.12 billion) in damages, plus pre-judgment interest.
Could change use based on devices' orientations
The US Patent and Trademark Office has awarded Apple a patent on an inductive charging pad that would also change functions based on how mobile devices are aligned on it. The pad, described as a "smart dock," would feature its own processor and power supply, and multiple I/O connections. Making it unique though would be the sensors determining how objects are aligned.
Says chip violates university-developed patent
The University of Wisconsin's patent licensing arm -- the Wisconsin Alumni Research Foundation -- is suing Apple for violating a university patent through the A7 processor found in the iPhone 5s, iPad Air, and iPad mini. The patent is titled Table Based Data Speculation Circuit for Parallel Processing Computer, and credited to several computer scientists who were at UW Madison. It describes a way of improving "the efficiency and performance of contemporary computer processors."
IBM patent buy by Twitter follows similar acquisitions by Google, Facebook
Twitter has acquired over 900 patents from IBM, with the two companies also agreeing to a patent cross-licensing deal, IBM has announced. Occurring in December and only just being announced today, the agreement also puts to an end a patent lawsuit by IBM, accusing Twitter of infringing on three patents before the micro-blogging service filed its IPO.
Apple says bans are the price Samsung has to pay for copying
Apple and Samsung were in court on Thursday in front of US District Court Judge Lucy Koh, with the former arguing that its successful verdicts against Samsung entitles it to sales bans on the affected products (even though none of them are still offered for sale). Samsung, meanwhile, protested that the injunctions would "create fear and uncertainty" among suppliers, since Apple could seek bans on current and future products as well.
Vringo award estimated to be $225 million per year for four years
Non-practicing entity Vringo, under the practicing name I/P Engine, won a trial against Google on the strength of Lycos patents back in 2012, and was awarded $30 million. Google then changed the AdWords program, attempting to circumvent Vringo's patents; but earlier today, US District Judge Raymond Jackson finalized his ruling made last week that the new offering is not "colorably different" than the old program. After a patent-licensing negotiation ordered by the judge failed to produce results, Google must now pay 1.36 percent of its AdWords revenue.
Deal gives each side access to patents, lessens legal threat
Google and Samsung have signed a global patent cross-licensing agreement, which effectively prevents the two companies from accusing each other of patent infringement. The broad, long-term agreement will cover patents of both Samsung and Google, including not only existing patents, but also patents filed by either company over the next ten years.