Apple, Samsung to argue potential bans on infringing phones December 6th in US District Court

Ardent followers of the Apple v. Samsung hearing in California have another date to circle in their calendars: December 6th. AllThingsD and Reuters report Judge Lucy Koh has put that down as the day the two companies can make their cases over two key steps in the process since the verdict (check out our breakdown of the decision and what its $1.05 billion damage award means here) was handed down Friday evening. Apple is requesting an injunction to block the sale of Samsung phones that were found to infringe upon its patents, while Samsung wants to have the jury’s verdict set aside. This changes the plans for the previously scheduled September 20th hearing, which will focus on Samsung’s effort to get the injunction lifted on its Galaxy Tab 10.1 that was found not to infringe upon Apple’s design patent. Whether you’ll be tuned in to Twitter for each line by line update or avoiding the internet altogether, at least now you know which day to plan for.

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Apple, Samsung to argue potential bans on infringing phones December 6th in US District Court originally appeared on Engadget on Tue, 28 Aug 2012 21:24:00 EDT. Please see our terms for use of feeds.

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Apple asks that eight Samsung devices be banned from US store shelves

Apple asks that eight Samsung devices be banned from store shelves

Favorable infringement findings in hand, we knew Apple would seek injunctions to ban Samsung devices from being sold in the US. And now we know that Tim Cook and company are following up on that billion dollar verdict and are seeking to enjoin eight handsets from being sold. As you can see in the chart above, the Galaxy S 4G, four Galaxy S II variants, the Galaxy S Showcase, Droid Charge, and Galaxy Prevail are all on the chopping block. Why is Apple only going after eight of the twenty-something devices found to be infringing its IP? Well, most of them are no longer being sold, and we all know how Judge Koh just hates having her time wasted.

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Apple asks that eight Samsung devices be banned from US store shelves originally appeared on Engadget on Mon, 27 Aug 2012 14:29:00 EDT. Please see our terms for use of feeds.

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Fujitsu and Acacia resolve patent disputes with settlement, keep it out of the courts

Fujitsu and Acacia resolve patent disputes with settlement, keep it out of the courtsFujitsu’s bank balance may be a little lighter today, since Acacia Research Corp. has reported that subsidiaries of both companies have signed a settlement deal over patent disputes. As usual, Acacia is keeping tight-lipped about exactly what the patents cover, but a little digging on our part has revealed they are related to flash memory and RAM technologies. The agreement resolves lawsuits in the works at district courts in Texas and California, which is probably a good thing. After all, these cases can get pretty messy when they go to court.

Continue reading Fujitsu and Acacia resolve patent disputes with settlement, keep it out of the courts

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Fujitsu and Acacia resolve patent disputes with settlement, keep it out of the courts originally appeared on Engadget on Mon, 27 Aug 2012 10:33:00 EDT. Please see our terms for use of feeds.

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Taking A Big Hit On Design, Samsung Doubles Down On Chips, Puts $974M Into ASML

asml picture

Samsung Electronics has been knocked hard on mobile phone design innovation in the last few days, but in what might be a spectacular display of diversionary tactics, it is also doubling down on another significant part of its business — chipmaking. Today, the Dutch semiconductor machine maker ASML announced that Samsung would be investing close to $1 billion — yes, more or less the same amount for which the jury in California held it liable over Apple patent violations on Friday — towards R&D and an equity stake in the business. In doing so, Samsung will be joining Intel, which took a 10% stake in ASML in July for $2.1 billion.

Samsung’s interest in ASML —  along with another investor, Taiwan Semiconductor Manufacturing Co.’s – was registered at the time of the Intel investment, and today’s announcement makes a point of saying that Samsung will “commit” the funds. That implies although the deal isn’t signed, sealed and delivered, Samsung was keen to get some news out quickly that pointed to it coming out fighting in the wake of the bad news delivered on Friday.

ASML describes itself as “one of the world’s leading providers of lithography systems for the semiconductor industry.”

The machines it makes, which employs a technique called extreme ultraviolet lithography, can help speed up the production of more powerful and smaller semiconductors — an essential component of smartphones, tablets and other devices. As Samsung pointed out in its internal memo to employees in response to the jury verdict, Apple is one of its most important customers for this part of the business.

Under the terms of the “commitment” announced today, ASML says that Samsung Electronics will put €276 million ($345 million) into ASML’s research and development program over the next five years. The company had targeted total backing of €1.38 billion for that R&D program, and it says that has now been met.

Separately to this, Samsung will also investing €503 million ($629 million) for a 3% equity stake in ASML. In total, Samsung, Intel and TSMC have 23% of ASML, equivalent to €3.85 billion, which will get returned to shareholders in a share buyback scheme.

Provided that Samsung has to pay the full penalties recommended by the jury, and that it follows through on its ASML investment, that $2 billion potentially will weigh heavy on profits in a typical quarter, especially if there are any injunctions attached to the first of those. In Q2, Samsung Electronics made $6 billion in operating profits — essentially, the news of the last couple of days would have wiped out one-third of that.

Worth pointing out that at the moment, the shining star for Samsung is its mobile phone business — which includes its Galaxy line of Android-based smartphones, the same ones that were the subject of the lost U.S. lawsuit. At the same time, its chip business actually declined by 6% in terms of revenue — a sign that Samsung needs to continue investing in the division to keep it in fighting form.

While we will still have to wait and see if Samsung will have to pay up the full amount of damages, and whether it will have longer injunctive effects, the ramifications have already come out in short-term investor activity. Just look at the drop in how Samsung’s stock performed in trading this morning, dropping nearly 8%:

(via Yahoo Finance)


Breaking down Apple’s $1 billion courtroom victory over Samsung

Breaking down Apple's $1 billion courtroom victory over Samsung

With a 20-page verdict form and 100 pages of instructions to explain it, many figured it would take longer for the jury to render a decision. But, the tech trial of the century has concluded, with Apple scoring a not-quite-flawless victory over its rival Samsung. While the company didn’t win on every count, its cadre of lawyers did convince the nine jurors to award Apple over $1 billion in damages for Samsung’s IP transgressions. Join us after the break and we’ll hit you with the legal math that gave Apple a ten-figure bump to its bottom line — and served as a shot across the bow of every other mobile phone manufacturer.

Continue reading Breaking down Apple’s $1 billion courtroom victory over Samsung

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Breaking down Apple’s $1 billion courtroom victory over Samsung originally appeared on Engadget on Sat, 25 Aug 2012 10:45:00 EDT. Please see our terms for use of feeds.

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Apple, Samsung respond to the jury’s decision; September 20th court date set for injunction hearing

Apple, Samsung respond to the jury's decision September 20th court date set for injunction hearing

Well. The verdict for the tech industry patent trial of the week is in, and the jury agreed with Apple’s version of the events enough to award it a billion dollars and change in damages while awarding Samsung… nothing. Naturally, the two companies differ in their viewpoints on this ruling, with Apple celebrating a decision that supports its originality and innovation, and is “sending a loud and clear message that stealing isn’t right.” Samsung, on the other hand, claims it’s all about standing up for the consumer, who it believes will be the true victim here, forced to pay more for fewer choices and less innovation now that one company has “a monopoly over rectangles with rounded corners.”

Before we get to the inevitable appeals, Apple is seeking a preliminary injunction against Samsung’s infringing products and Judge Lucy Koh has set September 20th as a date for the hearing. Apple has until the 29th to file its motion, which Samsung will have 14 days to respond to, before Apple has two days to craft a response of its own. While we all take a breather before the lawyers get back at it, you’ll find the statements from both companies after the break.

Update: As expected, Samsung has indicated it will appeal the ruling. Wall Street Journal’s Evan Ramstad tweets that it plans to file post-verdict motions to overturn the decision and if those are unsuccessful, it will take its case to the Appeals Court.

Continue reading Apple, Samsung respond to the jury’s decision; September 20th court date set for injunction hearing

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Apple, Samsung respond to the jury’s decision; September 20th court date set for injunction hearing originally appeared on Engadget on Fri, 24 Aug 2012 21:35:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceCNET, The Verge, Evan Ramstad (Twitter), Reuters  | Email this | Comments

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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South Korean court rules Apple infringed on two Samsung patents, fines it $35k; Samsung gets hit too

We have yet another twist in the worldwide patent battle between electronics giants Apple and Samsung, as the Wall Street Journal and Reuters report a Seoul court has ruled in favor of the latter when it came to two patents in a case on its home turf. While it decided that Apple had infringed on two Samsung patents, it also found that Samsung had returned the favor on Apple’s “bounceback” design patent, but not on another regarding icon design resulting in damages of about $22,000 Samsung. That’s according to WSJ’s Evan Ramstad, who also reports that other than the light financial slap on the wrist, the ruling means that the infringing products can no longer be sold in South Korea. The list of affected hardware includes mostly previous gen products like the iPhone 4 and iPad 2, as well as the Galaxy Tab 10.1, Galaxy S II and Galaxy Nexus. Asia Economic indicates the two patents Apple was found to have infringed are of the much-disputed standards-essential type relating to the transmission of data. This action doesn’t appear to significantly tilt the battlefield in any particular direction, so we’ll continue to keep an eye on the jury deliberating in California.

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South Korean court rules Apple infringed on two Samsung patents, fines it $35k; Samsung gets hit too originally appeared on Engadget on Thu, 23 Aug 2012 23:11:00 EDT. Please see our terms for use of feeds.

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Toshiba / Samsung joint venture hit with lawsuit by LG over DVD+RW/RAM patents

LG Electronics has found itself at the center of quite a few patent lawsuits in recent years (both as a plaintiff and defendant), and it’s now kicked yet another one off. As Bloomberg reports, LG has today filed suit against Toshiba Samsung Storage Technology, alleging that the Toshiba / Samsung joint venture violated a number of patents related to DVD+RW and DVD-RAM technology. In the complaint, LG further alleges that TSST is knowingly infringing on the patents as they were previously licensed to Toshiba itself (and TSST as an affiliate company) as part of a deal that expired in 2010. LG is asking for a jury trial to sort things out, and demanding that TSSC pay “no less than a reasonable royalty” along with some unspecified damages. You can find the complaint in full at the link below.

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Toshiba / Samsung joint venture hit with lawsuit by LG over DVD+RW/RAM patents originally appeared on Engadget on Wed, 22 Aug 2012 15:45:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceBloomberg, LG v. TSST complaint (PDF)  | Email this | Comments

Apple and Samsung finish closing arguments, jury to decide their fate

Apple and Samsung finish closing arguments, jury to decide their fateIt’s just one among many, but the headlining case in the Apple v. Samsung global war is finally drawing to a close. Today, each party attempted to persuade the jury of nine one last time with their closing arguments, and with the rebuttals complete, it is time for deliberation. Starting at 9AM tomorrow morning, the jury’s job is to sift through the mountains of evidence proffered by each side, decipher the verdict form provided and reach a unanimous decision on the patent and trade dress claims at issue. Will Apple emerge victorious or will Samsung’s arguments carry the day? Could a hung jury and a mistrial be the result? Tune in tomorrow (and maybe the next day, and the next…) to find out.

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Apple and Samsung finish closing arguments, jury to decide their fate originally appeared on Engadget on Tue, 21 Aug 2012 20:51:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceSan Jose Mercury News  | Email this | Comments