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.

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Apple jury didn’t want to give Samsung ‘just a slap on the wrist’

As many of you already know by now, the jury in the Apple-Samsung patent case has delivered their verdict, and they’re making Samsung pay up. Of course, Apple isn’t getting the full amount it was suing for – a face-melting $2.45 billion – but Samsung is still being forced to pay the very significant amount of $1.05 billion. Jury foreman Velvin Hogan tells Reuters that even though the jury thought Apple’s demands were too high, the group of nine jurors still wanted to make it clear that patent infringement was not something they were going to take lightly.


“We didn’t want to give carte blanche to a company, by any name, to infringe someone else’s intellectual property,” Hogan said. When it came to time to actually award Apple damages, Hogan says that the jurors wanted to make Samsung pay a hefty sum, but not one so large that it became unreasonable. “We wanted to make sure the message we sent was not just a slap on the wrist,” he said. “We wanted to make sure it was sufficiently high to be painful, but not unreasonable.”

The jury reached their decision awfully fast, taking only three days after closing arguments had wrapped up to come back to court with a decision. Hogan himself is a former engineer, and the fact that a number of the other jurors have a background in engineering or law helped expedite the process even more. They didn’t just jump to their decision, however, as Hogan claims that the jury tested each and every device brought up during the trial once the group had agreed that Apple’s patents are valid.

Now that the jury has delivered their decision, it’s time for Apple and Samsung to file post-trial motions. Apple will obviously try to secure a sales ban on the devices that were found to be infringing on its patents, and naturally Samsung will try to stop such a thing from happening. Apple and Samsung will be filing motions and responses throughout the next few weeks, and then when September 20 rolls around, they’ll be back in front of Judge Lucy Koh as she holds a hearing concerning any potential preliminary injunctions. Stay tuned.


Apple jury didn’t want to give Samsung ‘just a slap on the wrist’ is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Samsung’s damages decrease slightly as Koh sets date for injunction hearing

Samsung took a pretty major blow when the jury in its patent case against Apple delivered their verdict today. Apple was awarded damages exceeding $1 billion, and even though that isn’t as much as the iPhone maker was looking for, it’s still a pretty hefty amount for Samsung to have to pay. However, after the verdict was delivered, there were a couple of inconsistencies the jury had to address. In their verdict, the jurors awarded Apple damages for the Samsung Intercept’s infringement on the company’s ’915 utility patent, while it was also awarded damages for the Galaxy Tab 10.1 4G LTE‘s infringement on its ’889 design patent. The only problem is the jury awarded these damages without actually finding that the devices were infringing on the patents in question.


That’s pretty confusing to the outside observer, but it seems to be just an oversight on the jury’s part – there were a ton of claims for the jury to wade through during deliberation, remember. After these two inconsistencies were brought to light, The Verge reports that the jury left the courtroom once more to decide if the two devices actually did infringe on the patents. The jurors were gone for nearly an hour before they returned to the courtroom, and when they came back, they had the tiniest smidgen of good news for Samsung.

The jury now states that the Intercept and Galaxy Tab 10.1 didn’t infringe on those named patents, and that decision managed to shave around $2 million off the amount Samsung has to pay Apple. Now, instead of owing $1,051,885,000 to Apple, Samsung only owes $1,049,343,540. When we’re talking about dollar amounts that already come in over $1 billion, saving an extra $2 million really doesn’t amount to much. At this point, however, Samsung’s lawyers are probably just happy that the devices aren’t actually infringing on those Apple patents.

Now that the trial has come to a close, it’s time for Apple and Samsung to file their post-trial motions. Apple has until August 29 – next Wednesday – to file, and Samsung will have 14 days after that to respond. Once Samsung has filed its response on September 12, Apple will have only two days to file a response of its own. This will all culminate with a preliminary injunction hearing on September 20. Stay tuned folks, because even though the trial is over, the fight between Apple and Samsung isn’t finished yet.


Samsung’s damages decrease slightly as Koh sets date for injunction hearing is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple damages vs Samsung: ZERO

In the Apple vs Samsung case here in the USA over patents and design on both parties parts, it appears that Samsung’s claims have fallen completely flat. Samsung challenged Apple in this case on patent claims for UTMS standard technology as well as several other smaller items. Across the board, Apple was found not guilty – no wrongdoing in ay way at all.

Apple was not found guilty of infringing on patent 711, 893, 460, or 516. Damages owed to Samsung by Apple were found to be zero. Apple did attempt to stop Samsung from cutting them down with a claim that Samsung breached their obligations to the public when developing the UTMS standard, but the jury found this to not be true.

Similarly, Apple was not able to prove by preponderance of the evidence that Samsung had violated Section 2 of the Sherman Antitrust Act by creating a monopoly on one or more technology markets related to the UMTS standard. Apple did, however, prove that Samsung is barred by patent exhaustion that enforcing patents 516 and 941 against Apple – this is good for Apple because it essentially relieves them of any guilt in using this technology because Samsung doesn’t have the right to keep it all to themselves – so to speak.

Have a peek at the timeline below to see several other bits of the verdict and check some of the more important moments in the trial as it went down over the past few weeks as well. This trail has been rather important already, and will continue to be a precedent through the future as well – watch out for continued patent pushes through the future, and for Apple to be right at the tip of the news tip – one way or another.

[via The Verge]


Apple damages vs Samsung: ZERO is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Samsung damages over 1 billion dollars vs Apple

In the Apple vs Samsung court case that’s been taking place over the past three weeks here in the USA, it appeared that Samsung would be taking the heaviest damages as a 1 billion 51 million 855 thousand dollar damages verdict was delivered against them. Apple would have their side of the verdict read against them soon after Samsung’s list of infringements against Apple’s patents, but at the end of the first half, Samsung took the heat.

In SEA, STA, and SEC, Samsung was found of willful patent infringement in many, many cases. Damages were listed by device, each of them a Samsung wallet emptier here upon Samsung’s very visible defeat.

• Infuse 4G: $44,792,974
• Prevail: $57,000,000+
• Mesmerize: $53,123,612
• Replenish: $3,350,256
• Transform: $954,060

And the list continued item by item until it was Apple’s turn to see if there were any infringements on Samsung patents. These patents had (and have) to do with utility patents and will one way or another not nearly be as expensive for Apple as Samsung’s damages have already been. This trial will almost certainly be seen as a major victory for Apple – stay tuned to SlashGear in our legal tag link to see the results as they continue to be unleashed.


Samsung damages over 1 billion dollars vs Apple is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Samsung patent infringement ruled “willful” vs Apple

As the reading of the verdict continued on this afternoon in the Apple vs Samsung trial here in the USA, it appeared at first that Samsung was in for a world of hurt. Dozens of devices were found guilty of infringing upon Apple patents, devices from the start of the Samsung dip into the Android universe right up until about a year ago with the Galaxy Tab 10.1 – so many infringements that it seemed like the company wouldn’t be able to stay afloat – but it wasn’t over until it was over.

Question after question it appeared that names like Captivate, Continuum, Droid Charge, Epic 4G, Fascinate, Galaxy S i9000, S 4G, Showcase, Gem, Indulge, Infuse 4G, Mesmerize, and Vibrant were each death bells for Samsung as infringements appeared against patents like D’677, 381, 163, and more. The more important question though was on if Samsung “should have known” it was infringing on patents.

Just like the other questions, Samsung appeared to be guilty in quite a few cases – but not all:

D’677: Yes for Fascinate, S 4G, S2 ATT, S2 Tmobile, Epic 4G Touch, Skyrocket, Showcase, Infuse 4G, Mesmerize, and Vibrant

D’087: Yes for S 4G, Vibrant. No for S2 ATT, S2 Epic 4G Touch, S2 Skyrocket, Infuse 4G.

D’305: Yes for Captivate, Continuum, Showcase, Gem, Indugle, Infuse 4G, Mesmerize, Vibrant.

D’889 No for both Galaxy Tab models.

Quoted lists above come from The Verge who was one of several groups sitting in on the trail relaying information. The reading of the verdict continued with “willfulness” of Samsung on infringing on patents. For SEC, SEA, and STA, all but a couple of patents were ruled as yes, Samsung did wrong willfully.

Samsung was also ruled to not have proven the invalidity of any patents at all – this meant that Apple’s patents all stood, and continue to stand. Stay tuned to SlashGear as the rest of the verdict comes down on the heads of Samsung – and perhaps Apple as well – we shall see!


Samsung patent infringement ruled “willful” vs Apple is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Samsung guilty on dozens of patent infringements vs Apple

This trial is what might be the most important of the set of Apple vs Samsung courtroom sessions that’ve been going on around the world for several months. Another verdict was reached this week in South Korea where the law made it clear that both parties had done wrong, the iPhone, the iPad, the Galaxy S II, and the Galaxy S all being banned from sale in the country effective immediately. Several other sales bans have taken place over the summer and were relatively quickly lifted in their respective countries.

The court session began this afternoon with several checkings of the verdict form to make sure everything is in order. Since the document itself is quite a few pages long, noone was surprised, not even Judge Koh. As The Verge notes, Koh let the court know that “I saw Samsung’s request for 30 minutes to review the verdict form… I think that makes sense.”

Has the jury reached a verdict? Yes.

All of the devices listed were found to be infringing upon claim 19 of 301 patent including SEC, SEA, and STA: Galaxy Tab Wi-fi (SEA), Captivate (STA), Continuum, Droid Charge, Exhibit 4G, Galasy Ace, Prevail, S 4G, S II, Galaxy Tab, The Gem, Indulge, Infuse 4G, Mesmerie, Nexus S 4G, Replenish and Vibrant.

For claim Two, Samsung devices were also found to infringe for SEC: For SEC Captivate, continuum, droid charge, fascinate, Galaxy Prevail, Galaxy S 4G, Galaxy S II, i9100, Galaxy S2 T-Mobile, Tab, Tab 10.1, Gem, Indulge, Infuse, Nexus S 4G. That’s for Claim 8 of 915 patent. For SEA there was infringement on the part of the Galaxy Tab 10.1, and for STA infringement on the part of the Captivate, Continuum, Droid Charge, Exhibit, Prevail, Galaxy S 4G, S II AT&T, SII T Mobile, Galaxy Tab, Gem, Indulge, Infuse 4G, Mesmerize, Nexus S 4G, Transform and Vibrant.

It was not looking positive for Samsung in the first few questions of the verdict, needless to say, and as the reading wore on, the damage continued. Stay tuned to SlashGear as we continue to run down the verdict and eventually get to the real dish: what Samsung and Apple will be responsible for in the end.


Samsung guilty on dozens of patent infringements vs Apple is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Jury for Apple, Samsung case to deliberate longer today

Today marks the second day of deliberations for the Apple and Samsung patent trial, and the jury is ready to do some work. The group of nine who will be deciding the case told the court that they plan to extend deliberations by an extra hour today. This means that instead of the 9 AM to 4:30 PM schedule they followed yesterday, they won’t be leaving the courthouse until 5:30 PM.


Naturally, with the jury being extremely restricted in who they can and can’t talk to, it’s unlikely that we’ll find out what’s going on behind those closed doors. PCWorld reports that there are a number of reasons why they would want to stay later, with DOAR Litigation Consulting director Roy Futterman saying it’s likely that they realized the mountain of work that lies ahead of them and just want to dig in. He says it’s also possible – unlikely, but possible – that they’re trying to get everything done before the weekend arrives.

Ultimately, Futterman says this move by the jury shows him that they are ready to get to work on deciding who’s in the right. They’ve got a lot of work ahead of them too, as they’ve been listing to the back and forth between Apple and Samsung for the past three weeks. Judge Lucy Koh even asked Apple and Samsung to work together to narrow their claims, but those talks didn’t go anywhere.

So, the jury has to decide who wins the case by wading through everything that has been presented by both sides during the trial. That isn’t going to be easy, but it’s good to see that the jury is willing to do what it takes (and then some) nonetheless. After all, as important as this case is, no one wants a jury that will jump to a decision without first considering everything that Apple and Samsung have said throughout the case.


Jury for Apple, Samsung case to deliberate longer today is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple closing statement brings most damning documents yet vs Samsung

For those of you wishing to stay in the Apple vs Samsung trial in the heat of the battle will love to see the highlights in Apple’s closing statement, complete with a few clips from a document that very well may have Samsung on the ropes. This document is what Apple calls the “copycat” document and was acquired by Apple from Samsung’s internal design process labs, a massive set of pages that include the screenshots you see here. The massive bulk of the document has Samsung making side-by-side comparisons between the original iPhone and their own original Galaxy smartphone, making notes on how iPhone design cues could help them improve their own smartphone lineup.

It was Apple attorney Harold McElhinny that spoke up in the case before Apple would rest, with words such as, “Witnesses can be mistaken. They can be mistaken in good faith. Exhibits that are created in a trial are always created with a purpose. They can confuse, and can mislead” stated to make way for the presentation of the documents you see above and below. “Historical documents are almost always where the truth lies,” noted MyElhinny, quoted by CNET, pointing out the internal Samsung documents.

With items such as curving the corners of the icons offered up in Samsung’s version of Android in response to the iPhone’s strikingly similar offering, Apple has here a document that’s going to play a giant role in the jury’s decisions in this case.

“They sat with the iPhone and went feature by feature, copying it to the smallest detail. In those critical three months, Samsung was able to copy and incorporate the core part of Apple’s four-year investment without taking any of the risks, because they were copying the world’s most successful product.” – McElhinny

Apple also came in for the throat with comments on how Samsung didn’t bring in as high a class of witness collection as they did. Apple brought in both Phil Schiller and Scott Forstall, for example, Apple senior executives, while Samsung did not bring any executives whatsoever. Part of the reasoning behind this decision may have been the fact that Samsung’s executives reside mainly in Korea, but no comment to this effect has been made.

“From the very beginning, Samsung has disrespected this process. Apple brought you two of its most senior executives: Schiller and Forstall. They were willing to face cross. No Samsung execs were willing to come here from Korea and answer questions under oath. Instead of witnesses, they sent you lawyers.” – McElhinny

Stay tuned to our legal tag as well as our tags for both Samsung and Apple to see what the end of this case will bring. It is quite possible that one or both of the players in this case will face millions of dollars in penalties and far-reaching legal damages well into the future. Judge Koh at the head of this case has made it clear that now with a 109 page instructions document ahead of them, the jury has some reading to do: “I need everyone to stay conscious during the reading of the jury instructions, including myself. …we’re going to periodically stand up, just to make sure we’re all alive.”

[Illustration via Vicki Ellen Behringer]


Apple closing statement brings most damning documents yet vs Samsung is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple, Samsung jurors not allowed to update devices during deliberation

The jury that will decide the outcome of the high-profile Apple and Samsung patent suit is scheduled to begin deliberation tomorrow, and to help them determine who’s in the right, they’ve been provided with a number of mobile devices to try out. Even though they get to play around with all sorts of neat tech, they’ve been instructed by Judge Lucy Koh not to update anything on the phones. That goes for downloading new apps too.


Why the buzzkill? The case centers around the similarities between the iPhone and various Samsung devices – if jurors download apps or apply updates, they could change the way those phones look or operate, and that could skew the jury’s decision unfairly toward one party or the other. PCWorld reports that jurors aren’t allowed to use SIM cards with the phones they were provided, but they are permitted to access the Internet through a Wi-Fi connection. That’s where Judge Koh’s warning about updates comes in, and jurors were provided instructions for backing out of update notifications.

Closing arguments are being heard today, with the jury entering deliberation tomorrow. After Samsung and Apple have finished delivering their closing statements, the trial will be in the hands of the jury, and indeed there’s a lot resting on the jury’s decision. Both companies want a significant amount of money in the case, and if Apple wins, that could restrict Samsung’s ability to sell some of its most popular devices in the United States.

The trial has been filled with its share of ridiculous moments, with nearly everything said in the courtroom being repeated on the Internet at one point or another. Now, after weeks of courtroom drama, the case is nearly over, but the most important part still lies ahead. Keep it tuned right here to SlashGear, as we’ll have the jury’s decision for you once it’s been delivered!


Apple, Samsung jurors not allowed to update devices during deliberation is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.