Tag Archives: Trade Dress

Apple seeks additional $707 million, permanent injunctions in patent case against Samsung

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In a court filing late Friday night Apple has requested the court enhance the $1.05 billion in damages a jury awarded it from Samsung for their patent lawsuit in California. FOSS Patents' Florian Mueller has a breakdown of the figures, revealing that Apple has chosen to seek enhancement just on what the jury deemed "willful" patent infringement to the tune of $135 million (less than the 3x amount it could have pursued) plus an additional $400 million for infringement of trade dress. That adds up to $1,756,455,218 it's now seeking from Samsung, plus, as Reuters reporter Dan Levine notes, the expected request for permanent injunctions. That could cover more than the products mentioned in the lawsuit, as Mueller also points out Apple is asking for an injunction against other products with similar features, which could extend to devices like the Galaxy S III. As usual, it's all still far from over and the figures could change, but Samsung is probably just hoping Apple's lawyers use iOS 6 Maps for their next trip to the courtroom.

Update: Per FOSS Patents, adding in interest and supplemental damages Apple's total request is now a tidy $707 million. What does Samsung want? According to Reuters, it's requesting an entirely new trial, because who doesn't want to do this whole thing over again? Stay tuned.

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Apple seeks additional $707 million, permanent injunctions in patent case against Samsung originally appeared on Engadget on Sat, 22 Sep 2012 03:01:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceFOSS Patents, Dan Levine (Twitter), Reuters  | Email this | Comments

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

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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.

Permalink   |  sourceJury verdict (PDF)  | Email this | Comments

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

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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

Samsung’s defense against Apple patents begins with DiamondTouch table, LiveTile UI prior art

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Samsung's defense against Apple patents begins with DiamondTouch table, LiveTile UI prior art

Samsung may have convinced Judge Koh to toss a few international handsets out of Apple's lawsuit, but the Korean firm still has Cupertino's patent licensing accusations to contend with. Their tactic? Convince the court that Apple's claim to the inventions are invalid, and that the technology was developed prior to the disputed patent's filing. It's called showing "prior art," and Sammy's done it before -- famously showing a scene from 2001: A Space Odyssey in an attempt to put Apple's iPad design claims to rest. Today's examples were more grounded in reality, focusing on debunking Cupertino's claim to the "bounce back" effect that happens when a user reaches the end of a page and common multitouch zoom / navigation gestures.

Samsung pitted the famous "bounce back" feature against an old PocketPC interface called LaunchTile, which allowed users to navigate through 36 applications by zooming in and out and a panning across a grid-like "world view" of said apps. Movement between grids snap to each zone, marking the end of a page. Apple shot back, noting that LiveTile's snapping navigation didn't work on diagonals, and cited other differences as well. Samsung wasn't deterred, however, and brought out DiamondTouch, a projector based multitouch table that utilized both one touch scrolling and pinch-based zoom gestures. The table even takes aim at the aforementioned bounce-back patent with a technology called TableCloth, which bounces back images that are pulled off screen. DiamondTouch's creator, Adam Bogue, told the court that he had demoed the technology to Apple privately back in 2003, noting that it was also available to anyone who visited the Mitsubishi Electronic Research Laboratories' lobby.

If the jury takes to Samsung's claims of prior art, it could severely cut Apple's claims against it. Even so, Cupertino's lawyers aren't going down without a fight, and still have a number of navigation and design claims that Samsung hasn't addressed. The two parties are expected to keep up the fight for about a week, we'll keep you posted on the inevitable revelations as they come.

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Samsung's defense against Apple patents begins with DiamondTouch table, LiveTile UI prior art originally appeared on Engadget on Mon, 13 Aug 2012 23:11:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceCNET, Wall Street Journal  | Email this | Comments

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

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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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Samsung: ‘Lawyers didn’t design the Galaxy S III’

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Samsung design VP Chang Dong-hoon has refuted accusations that the Galaxy S III was designed "by lawyers." Responding to the reports that stated the new handset was tweaked to circumvent deliberate trade dress claims made by Cupertino in its lawsuit, he said that the redesign is part of the company's five-year plan rather than a sudden change. He went on to say that the flagship went through hundreds of iterations before the team alighted upon the model that will shortly make its way into sweaty palms all over the world.

Samsung: 'Lawyers didn't design the Galaxy S III' originally appeared on Engadget on Tue, 22 May 2012 07:59:00 EDT. Please see our terms for use of feeds.

Permalink The Verge  |  sourceiNews 24 (Translated)  | Email this | Comments

Apple v. Samsung judge yells ‘get to the point, you two’

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ImageJudge Lucy Koh, presiding over the courtroom battle 'twixt Apple and Samsung has ordered that both companies slim down the bundle of litigation so its easy for juries to understand. The docket currently contains 16 patent violations, six trademark issues, five "trade dress" claims and an antitrust matter -- which her Honor Judge Koh described as a "cruel and unusual punishment" for a jury. If both companies can't get over a table and produce a Cliffs Notes edition of their global patent battle, then she'll postpone the trial date until 2013.

Apple v. Samsung judge yells 'get to the point, you two' originally appeared on Engadget on Thu, 03 May 2012 10:57:00 EDT. Please see our terms for use of feeds.

Permalink Phone Scoop, Techmeme  |  sourceComputerworld  | Email this | Comments