Hasta La Gadget!

Apple and Samsung have both rested their cases in the trial relating to trade dress and patent claims, but the two companies will be discussing the case one more time to try and settle things before the jury is sent away to consider a verdict. Bloomberg reports that the CEOs of both companies, Tim Cook and Kwon Oh Hyun, will hold a telephone conference call to see if any resolution can be agreed upon.

The two CEOs will converse with each other via phone, with lawyers from both companies reporting to the courthouse and Judge Lucy Koh afterwards in order to report the outcome of the call. If the two CEOs fail to reach any sort of agreement, then the jury will be instructed to overlook the case and form a verdict, with the judge indicating that deliberations could begin as soon as tomorrow.

The trial has been a heated one, and not just for the two companies involved. On Friday evening, Judge Koh suggested that one of Apple’s lawyers may be “smoking crack” when he attempted to call a large list of further witnesses in the case. Apple is seeking $2.5 billion worth of damages from Samsung, claiming that the South Korean company copied the iPhone design along with important UI elements such as icons.

Samsung, meanwhile, denies such allegations, arguing that previous cases of prior art suggest that the iPhone design isn’t unique, and that the company arrived at its current icon designs of its own accord. Samsung also asserts that Apple has failed to license certain patents, and has tried to argue that other patents that Cupertino holds are invalid. Samsung is seeking $422 million in damages as a result.

Apple and Samsung CEOs to discuss lawsuit ahead of deliberations is written by Ben Kersey & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

This week the mobile device patent and design court case between Apple and Samsung is coming to final resting points starting with Samsung asking for a sum of $421.8 million from Apple if infringements are found valid. Samsung’s offensive piece of this trial has them working with three utility patents covering photo browsing, music playback, and email, with damages being limited to reasonable royalty rates alone. The reason for the limitation to royalty rates is that Samsung has not found themselves to have lost any sales due to the infringement they claim.

Samsung’s witness Dr. Vincent O’Brien helped the company come up with the amount that the company is asking of Apple, having looked at the history of Apple royalty payouts as well as similar cases in the field. According to O’Brien, Apple has paid $1.4 billion USD in royalties over the years (since they’ve existed, from what he’s said), this leading him in part to a final answer for Samsung. For the three patents listed above, Samsung is asking just $22.8 million.

The real cash comes in the form of two of Samsung’s standards-essential patents. Another of Samsung’s expert witnesses, Dr. David Teece, spoke on these patents and how they related to Apple’s net profits as a result of using them – again, if they are found guilty of infringement. With a reasonable percentage of net profits ranging between 2 and 2.75 percent, he found the result to be between $290 million and $399 million USD owed to Samsung by Apple.

Have a peek at a collection of news bits from the past week and a half regarding this case in the timeline below, and get caught up! This case will have Apple or Samsung paying one whole heck of a lot of cash in the end – and they might both be seeing the butt end of the shotgun when it comes to damages. We’re expecting a final verdict in this case by the end of the month!

[via The Verge]

Samsung rests asking $421.8 million vs Apple is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

Apple rested its case in the trial against Samsung this week, and now the South Korean company is doing everything possible to prove its innocence. AllThingsD reports that Samsung attempted to dismiss allegations that its products copied the design of the iPhone, with senior user experience design Jeeyuen Wang testifying that the company didn’t copy any of Apple’s icons. She went on to say that Samsung tested multiple icons, ultimately falling back on familiar pictures such as the traditional telephone because users responded better to them.

Samsung’s lawyers then attempted to demonstrate that the iPhone’s design wasn’t original, showing various pieces of prior art, including several patents and LG’s Prada phone, all of which came before the release of the iPhone. After that, Samsung moved on to the design of the iPad, playing a video to the jury of Roger Fidler, who created several prototypes for tablets. Although they were mockups and not working devices, some features were reminiscent of the iPad, including a large touchscreen, a rectangular shape with rounded corners, and an all black bezel.

The electronics manufacturer then addressed Apple’s design patents, saying that they should be invalidated due to prior art, and that the elements that have been patented covered functions rather than ornamental design. Samsung’s lawyers argued that two iPhone design patents were invalid, saying that a Japanese patent “renders both of these designs obvious.” Samsung looks to be sticking to its original argument that Apple is essentially trying to patent a rectangular display with rounded corners.

Apple’s counterargument to the claims boiled down to the fact that there are alternative designs that Samsung could have used for its phones. Apple cited one of Sony’s tablets, saying that while it has a rectangular display and rounded corners, it doesn’t look like the iPad nor does it infringe on Apple’s design patents. Apple also introduced the design of the Nokia Lumia 800 and GzOne phone from Casio, again suggesting that there were alternative designs that Samsung could have pursued.

Samsung argues that Apple’s designs are “obvious” is written by Ben Kersey & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

It seems that one of the bigger stories to come out of the Apple vs Samsung trail over the past few days has gotten just a bit more complicated, as the patents Apple offered to Samsung several years ago – the same that are on trial now – were also offered to Microsoft. As Apple’s director of patent licensing and strategy Boris Teksler noted in the case, Microsoft and Apple have had a long-running cross-licensing deal going in which all of the patents in the case at hand were and are included. With that deal came “specific rules” in which both companies are not allowed to make “clone” products.

In this Microsoft / Apple licensing deal, Teksler notes that “there’s a clear acknowledgment that there’s no cloning”, this same sort of deal having been offered to Samsung some years ago. Samsung objected noting that Apple had made no mention of their design patents when they met with them at this licensing deal several years ago. Apple responded with the idea that some of those patents were still pending at the time, with several having only been granted years later.

Teksler also noted that Apple never planned on offering up everything they had, “clone” clause or not.

“We were clear we weren’t offering a license to everything. We had yet to discuss some what we termed ‘untouchables,’ if you will. … We wanted to get properly compensated for that which was infringed, and with respect to our unique user experience. That’s exactly what we were trying to do with this presentation.” – Teksler

This is one of the last points of “attack” Apple will be able to go on as Samsung’s side of the trial, if you will, begins this week. Apple’s segment was essentially played out throughout the week previous to this one, while Samsung will call witnesses and experts to the stand Monday through Friday. Stay tuned as it all goes down right here on SlashGear!

[via CNET]

Apple patents licensed to Microsoft while Samsung declined is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

With the Apple vs Samsung USA trail raging hard this week, late night talk show host Conan O’Brien’s crew have taken the time to create a spoof video that makes their stance on the subject very, very clear. With the fabulous art of sarcasm you’ll find this “Samsung made” video showing off how absolutely nothing alike the Samsung Galaxy S is to the iPhone, the same being true of the Galaxy Tab 10.1 compared to the iPad. Best of all, you’ll see a nearly Rastafarian “Stefan Jobes” at the end of the clip – just what you wanted!

This video makes light of the fact that Samsung is “vigorously denying” the idea that their designs for smart devices had anything to do with the success of the iPhone, with the Galaxy Tab being defended as well against the iPad. With the images flashed on the screen, it’s no wonder that the audience bursts out in laughter at Samsung’s perfectly illegitimate claims – but therein lies the parody bit.

It’s not as simple as all of this, no matter what the comedy group would have you believe. It’s fun to see it this way, and this method of comparison is certainly something a lot of people are understanding Apple to be doing in the case, but it’s a clip for a reason. Don’t miss the “Macrowave Oven”, the “Vac Pro”, and of course the scrollwheel-toting “iWasher” wash machine while you’re giggling.

When you head into a Samsung store this week, be sure to look for the “Samsung Smart Guy” making a copycat attempt at the Apple Geniuses as well. Think Slightly Different is the tagline here, and Samsung’s founder – in this alternate reality – Stefan Jobes is at the helm. Watch out, Samsung, this clip may have some traction, no matter how absurd it may seem!

If you’re unfamiliar with the goings-on in this case outside this video, we encourage you to head to the timeline of recent links on the subject below – it’s a monumental court war to say the least!

[via Apple Insider]

Samsung served on a public platter by Conan for Apple is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.