German court rules that Motorola, Samsung don’t violate Apple touch event patent

Galaxy S III and iPhone 4S

Motorola and Samsung just caught a break from the law after a few hard knocks. A Mannheim, Germany court has ruled that neither company infringes on an Apple patent covering how an OS responds to and ignores touch events. While we don’t yet know the full details, patent lawsuit guru Florian Mueller suggests that the German judge took the same point of view that thwarted Apple’s claims in the Netherlands and the UK: the particular patent was just too broad to stick. It’s a potentially important win, as a ruling of violation could have led to serious problems with keeping Android-based Motorola and Samsung devices in stores; other patents are more easily circumvented. However, it’s still something of a Pyrrhic victory for a pair of companies that have lately been facing the threat of near-term bans and steep damages.

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German court rules that Motorola, Samsung don’t violate Apple touch event patent originally appeared on Engadget on Fri, 21 Sep 2012 09:55:00 EDT. Please see our terms for use of feeds.

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ITC says Apple didn’t violate four Samsung patents with iPad, iPhone

ITC says Apple didn't violate Samsung patents

This just hasn’t been Samsung’s summer. On top of Apple winning its earliest civil lawsuit against Samsung, the International Trade Commission has just handed out an initial determination that Apple didn’t violate any of four Samsung patents (including two reportedly standards-essential examples) by offering the iPad and iPhone. While Judge James Gildea didn’t publicly outline why Apple was in the clear, he added that Samsung lacks a domestic business that uses the patents — important when it’s trying to claim economic harm in the US. The verdict still gives Samsung at least four months’ room to breathe while the ITC reviews the decision, but it’s hard to see Samsung enjoying the reduced offensive strength when it’s already on the defensive in American courtrooms.

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ITC says Apple didn’t violate four Samsung patents with iPad, iPhone originally appeared on Engadget on Fri, 14 Sep 2012 16:06:00 EDT. Please see our terms for use of feeds.

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Apple v. Samsung jury finds Apple’s patents valid, awards it nearly $1.05 billion in damages

The federal court jury in the patent infringement lawsuit between Apple and Samsung has presented its verdict after deliberating for just 21 hours and 37 minutes following the three week trial. This particular case started with Apple’s lawsuit last April and now the jury’s decision is that Samsung did infringe on Apple’s ‘381 bounceback patent with all 21 of its products in question. For the ‘915 patent on pinch-and-zoom, the jury ruled all but three of the devices listed infringed, and more damningly, found that Samsung executives either knew or should have known their products infringed on the listed patents. The jury has also found against Samsung when it comes to Apple’s contours on the back of the iPhone and its home screen GUI. The Galaxy Tab, was found not to have infringed upon Apple’s iPad design patents. The bad news for Samsung continued however, as the jury decided that not only did it willfully infringe on five of the seven Apple patents, but also upheld their validity when it came to utility, design and trade dress.

The amount of the damages against Samsung is in: $1,051,855,000.00 (see below). That’s less than half of the $2.5 billion it was seeking, but still more than enough to put an exclamation point on this victory for the team from Cupertino. The final number is $1,049,343,540, after the judge found an issue with how the jury applied damages for the Galaxy Tab 10.1 4G LTE and Intercept. The jury also ruled that Apple did not infringe upon Samsung’s patents with the iPhone 3G and 3GS, and has awarded it zero dollars in damage. We’ll have more information for you as it become available.

Update: Both companies have released statements on the matter, with Apple stating via the New York Times the ruling sends a loud and clear message that “stealing isn’t right.” Samsung has its own viewpoint calling this “a loss for the American consumer” that will lead to fewer choices, less innovation and high prices. You can see both in their entirety after the break.

Continue reading Apple v. Samsung jury finds Apple’s patents valid, awards it nearly $1.05 billion in damages

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Apple v. Samsung jury finds Apple’s patents valid, awards it nearly $1.05 billion in damages originally appeared on Engadget on Fri, 24 Aug 2012 18:44:00 EDT. Please see our terms for use of feeds.

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ITC decides Apple didn’t violate Motorola WiFi patent after all, tosses case back to judge

Droid RAZR and iPhone 4S

Trouble looked to be brewing for Apple last April: an International Trade Commission judge made an initial ruling that Apple infringed on a standards-essential Motorola WiFi patent, raising the possibility of a trade ban if the verdict held true. The fellows in Cupertino may have caught a big break. A Commission review of the decision on Friday determined that Apple didn’t violate the patent, and it upheld positions that exonerated the iPhone maker regarding two others. Apple isn’t entirely off the hook, however. The ITC is remanding the case to the judge to review his stance that Apple hadn’t violated a non-standards-based patent, which still leaves Apple facing the prospect of a ban. However, having to revisit the case nearly resets the clock — we now have to wait for another ruling and a matching review, and that likely puts any final decision well into 2013. Google-owned Motorola isn’t lacking more weapons in its arsenal, but any stalled proceedings take away bargaining chips in what’s become a high-stakes game.

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ITC decides Apple didn’t violate Motorola WiFi patent after all, tosses case back to judge originally appeared on Engadget on Fri, 24 Aug 2012 18:17:00 EDT. Please see our terms for use of feeds.

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Judge cuts international Galaxy S and S II, Galaxy Ace from Apple lawsuit against Samsung

Judge cuts international Galaxy S and S II, Galaxy Ace from Apple's lawsuit against Samsung

Apple rested its side of the case in its main lawsuit against Samsung on Monday, and with the switch of focus came a small sacrifice. While Samsung failed in a Hail Mary bid to have the suit dismissed, it successfully argued that a few devices should escape the clutches of a full-fledged ban. Don’t get too excited, though: the exclusion list mostly touches on phones that only reach US shores through unofficial importers, including the Galaxy Ace as well as international editions of the Galaxy S and Galaxy S II. The decision still leaves the American variants of phones under scrutiny, and it doesn’t change Apple’s hopes of a large licensing fee for all the alleged transgressions. We’d still say the exemption provides some small amount of relief for Samsung, however. Most of Apple’s early, less-than-flattering accusations of trade dress violations focused on the more familiar-looking foreign Galaxy models and lose some of their thunder when leveled against the conspicuously altered designs that eventually set foot in the US.

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Judge cuts international Galaxy S and S II, Galaxy Ace from Apple lawsuit against Samsung originally appeared on Engadget on Mon, 13 Aug 2012 19:52:00 EDT. Please see our terms for use of feeds.

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Apple wins stay on having to post ‘Samsung did not copy’ notice

Apple wins stay on having to post 'Samsung did not copy' notice

Apple’s pride can stay intact for at least a little while longer: the company successfully won a stay on a UK ruling that would have it post notices clearing Samsung’s name in the wake of the two tech giants’ patent dispute in the country. Apple now won’t have to face any kind of public flogging unless it loses an appeal on the non-infringement verdict, which is due to be heard in October. Not surprisingly, the iPad creator doesn’t want its own site to become a billboard promoting someone else’s work. The decision makes Samsung’s victory that much more bittersweet — along with losing that instant satisfaction from a humbled Apple, it still has to accept a verdict that claims the Galaxy Tab supposedly isn’t cool enough to have been an imitation.

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Apple wins stay on having to post ‘Samsung did not copy’ notice originally appeared on Engadget on Thu, 26 Jul 2012 16:59:00 EDT. Please see our terms for use of feeds.

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German court rules Motorola Xoom doesn’t violate Apple’s iPad design patent

Motorola Xoom review

Apple filed a stealth lawsuit last summer alleging that the Motorola Xoom violated the design patent that underpins the iPad. While Apple has had some success leveling its big patent gun against Samsung, the same can’t be said for Motorola: a German court just declared that the reference Android tablet doesn’t infringe on Apple’s design claim. The ruling isn’t a complete win for Motorola, however, as the court wouldn’t invalidate the patent — it could theoretically be leveled against other tablets in the future. The loss will still sting for Apple, which now has to resort to a multi-touch patent claim (among others) if it wants to make Motorola feel the heat in Mannheim.

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German court rules Motorola Xoom doesn’t violate Apple’s iPad design patent originally appeared on Engadget on Tue, 17 Jul 2012 11:10:00 EDT. Please see our terms for use of feeds.

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EU clears resales of used software, shoots down Oracle’s new-sales-only dreams

EU clears resales of used software, shoots down Oracle's firstsaleonly dreams

One advantage American technology fans can celebrate is the right to resell software. After the initial purchase, they’re usually cleared to pass along any apps or games as long as the technology itself allows. Europeans haven’t had that (legal) option to date, but the EU’s Court of Justice has just ruled in a case against Oracle that they will going forward: no matter what the license says, those in EU countries can resell their downloaded apps as long as they don’t try to keep a working copy for themselves. The new owner doesn’t even have to shuffle over a local example and can go straight to the source. We can’t imagine that Oracle and other companies averse to used software are jumping for joy, although copy protection and a lack of digital resale mechanisms might help them simmer down and let us treat our apps like we do our gadgets.

[Image credit: Maciej Bliziński, Flickr]

EU clears resales of used software, shoots down Oracle’s new-sales-only dreams originally appeared on Engadget on Wed, 04 Jul 2012 14:37:00 EDT. Please see our terms for use of feeds.

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Microsoft catches a break: ITC remands Motorola case, Xbox 360 dodges at least a 2012 ban

Microsoft and Motorola

Things were looking grim for gaming in April, when the International Trade Commission decided that the Xbox 360 violated Motorola patents and the console’s US future was in doubt. The agency hasn’t necessarily reversed its decision, but it just gave Microsoft a significant (and possibly permanent) reprieve. The Commission has remanded Motorola’s case back to the Administrative Law Judge that gave the initial ruling, which very nearly restarts the clock: a new ruling won’t come for months, and the usual review process guarantees even more of a delay even if the decision once more works in Motorola’s favor. Patent suit watcher Florian Mueller is now confident that the Xbox 360 won’t face any real risk of a ban in 2012, at a minimum. If the new decision doesn’t clear Microsoft outright, it still pushes any ruling past a Microsoft lawsuit’s trial in mid-November, when Motorola might be blocked from attempting any ban using its standards-based patents. We’ve rarely seen a majority or total reversal of this kind of ITC patent dispute before it reaches the appeals stage, but there’s a distinct chance of that flip happening here — especially as the ITC is using Apple’s successful dismissal of an S3 Graphics victory as the judge’s new template.

Microsoft catches a break: ITC remands Motorola case, Xbox 360 dodges at least a 2012 ban originally appeared on Engadget on Sat, 30 Jun 2012 17:51:00 EDT. Please see our terms for use of feeds.

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